Effective Date: January 1, 2003.
Most current prior effective date: October 21, 1996.
(A) Any PRIVATE CHILD PLACING AGENCY PCPA
(PCPA) or PRIVATE NONCUSTODIAL AGENCY PNA
(PNA) with the purpose of performing any of the functions specified in
rule 5101:2-5-03 of the Administrative Code shall file an ODHS
JFS 1290 01290
"Application for Certification of Agency Functions" with THE OHIO
DEPARTMENT OF JOB AND FAMILY SERVICES ODHS
(ODJFS) to be certified to engage in the specific functions which it
intends to perform not less than ninety days prior to the intended date of
commencing operation.
(B) In addition to the ODHS
JFS 1290 01290, an
agency shall submit other materials or documentation required by ODHS
ODJFS including, but not limited to:
(1) Organization structure;
(2) Mission statement;
(3) Description of the specific functions which the agency is requesting certification to perform; and
(4) Policy statements for each specific function which the agency is requesting certification to perform.
(C) Any PCSA which intends to operate a children's
residential center, group home, residential
parenting facility, or
independent living arrangement shall file an ODHS
JFS 1290 01290
with ODHS ODJFS to be
certified to operate such facility not less than ninety days prior to the
intended date of commencing operation.
(D)(1) Any agency
PCSA, PCPA OR PNA which is
operating under a current certificate on the effective date of this chapter
CERTIFIED TO PERFORM FUNCTIONS LISTED IN RULE 5101:2-5-03 OF THE ADMINISTRATIVE
CODE shall comply with all provisions of Chapters 5101:2-5, 5101:2-7,
5101:2-9, 5101:2-5-33, 5101:2-39, 5101:2-42, 5101:2-44, 5101:2-47
and 5101:2-48 of the Administrative Code as
applicable to the agency's certified
PERFORMANCE OF functions LISTED ON ITS CERTIFICATE. FOR AGENCY NONCOMPLIANCE
WITH APPLICABLE ADMINISTRATIVE RULES, ODJFS MAY REQUIRE THE AGENCY TO
SUBMIT AND COMPLY WITH A CORRECTIVE ACTION PLAN OR MAY REVOKE THE PCSA'S,
PCPA'S OR PNA'S CERTIFICATE PURSUANT TO CHAPTER 119. OF THE
REVISED CODE.
(2) ANY PCSA PERFORMING ANY FUNCTION LISTED IN RULE 5101:2-5-03 OF THE ADMINISTRATIVE CODE NOT REQUIRING CERTIFICATION BY ODJFS SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF CHAPTERS 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-39, 5101:2-42, 5101:2-44, 5101:2-47 AND 5101:2-48 OF THE ADMINISTRATIVE CODE. FOR PCSA NONCOMPLIANCE WITH APPLICABLE ADMINISTRATIVE RULES WHEN PERFORMING ANY FUNCTION NOT REQUIRING CERTIFICATION, ODJFS MAY TAKE ANY ACTION PERMITTED UNDER DIVISION (C) OF SECTION 5101.24 OF THE REVISED CODE.
(E) At the time of application, the applicant
shall document a plan for ongoing funding.
(F) Upon receipt of an application, ODHS
ODJFS shall review all material submitted by the applicant and shall
conduct at least one site visit before taking any action to approve or deny the
applicant for initial certification.
(G) Approval of an application for certification
shall be based on ODHS ODJFS
assessment that the applicant is in compliance with requirements of this
chapter, and with requirements of Chapters 5101:2-7, 5101:2-9, 5101:2-39,
5101:2-42, 5101:2-47 and 5101:2-48 of the Administrative Code,
which apply to the specific functions which the agency has applied for
certification to perform.
(H) The application shall be submitted to the
appropriate ODHS ODJFS
district office. The date of initial application shall be the date of receipt as
noted by the ODHS ODJFS
district office date stamp.
(I) When an application is received and found to
be incomplete or incorrectly completed, it shall be returned to the applicant
for completion and resubmission. Such application shall not be considered to
have been filed until it is resubmitted to the appropriate ODHS
ODJFS district office in complete and correct form.
(J) When an application remains pending for a
period of longer than one year due to the failure of an applicant to submit any
material or documentation as required, ODHS
ODJFS shall initiate action to deny certification pursuant to Chapter
119. of the Revised Code.
(K) If an application of an agency is approved
by ODHS ODJFS a
certificate shall be issued.
(L) If ODHS
ODJFS denies the application, written notification of such denial stating
the reasons for the denial and delineating the specific law and rule with which
the applicant is not in compliance shall be sent to the applicant by certified
mail, return receipt requested.
(M) All actions of ODHS
ODJFS with respect to denial of an application shall be subject to the
requirements of Chapter 119. of the Revised Code and Chapter 5101:3-50
5101:6-50 of the Administrative Code.
(N) ODHS
ODJFS shall not certify an agency to perform a given function when that
function is already licensed, regulated, operated under the direction of, or
otherwise certified by the department of education, a local board of education,
the department of youth services, the department of mental health, or the
department of mental retardation and developmental disabilities.
Effective Date: 1/1/03
Review Date:
Certification: Thomas J. Hayes
Date 10/31/02
Promulgated Under: Revised Code Chapter 119.
Statutory Authority: Revised Code Sections 5103.03, 5153.16.
Rule Amplifies: Revised Code Sections 5101.24, 5103.02, 5103.03, 5153.16, 5153.27.
Prior Effective Dates: 12/30/66, 10/1/86, 7/2/90 (Emer.), 10/1/90, 1/1/91, 9/18/96 (Emer.), 10/21/96.