5101:2-5-03 Certification of an agency to perform specific functions.

Effective Date: January 1, 2003.

Most current prior effective date: July 1, 2000.

(A)      A certificate issued by THE OHIO DEPARTMENT OF JOB AND FAMILY SERVICES ODHS (ODJFS) shall state the specific functions that the agency is certified to perform.


(B)      Specific functions of a public children services agency (PCSA) which require certification by ODHS ODJFS are:

(1)      To operate children's residential center(s);


(2)      To operate group home(s);


(3)      To operate residential parenting facilities.

FUNCTIONS PERFORMED BY A PCSA THAT DO NOT REQUIRE CERTIFICATION BY ODJFS SHALL COMPLY WITH THE OHIO ADMINISTRATIVE CODE RULES APPLICABLE TO THE FUNCTIONS PERFORMED. ODJFS MAY TAKE ANY APPROPRIATE ACTION PERMITTED UNDER DIVISION (C) OF SECTION 5101.24 OF THE REVISED CODE FOR NONCOMPLIANCE WITH APPLICABLE RULES.

(C)      Specific functions of a PRIVATE CHILD PLACING AGENCY PCPA (PCPA) which require certification by ODHS ODJFS are:

(1)      To operate children's residential center(s);


(2)      To operate group home(s);


(3)      To operate or provide independent living arrangements;


(4)      To operate residential parenting facilities;


(5)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING PRE-ADOPTIVE INFANT FOSTER HOMES FOR CERTIFICATION.


(5)(6)      To act as a representative of ODHS ODJFS in recommending family foster homes for certification;


(7)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING TREATMENT FOSTER HOMES FOR CERTIFICATION.


(8)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING MEDICALLY FRAGILE FOSTER HOMES FOR CERTIFICATION.


(6)(9)      To accept temporary, permanent or legal custody of children; and


(7)(10)      To place children for foster care or adoption.

(D)      Specific functions of a PRIVATE NONCUSTODIAL AGENCY PNA (PNA) which require certification by ODHS ODJFS are:

(1)      To operate children's residential center(s);


(2)      To operate group home(s);


(3)      To operate or provide independent living arrangements;


(4)      To operate residential parenting facilities;


(5)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING PRE-ADOPTIVE INFANT FOSTER HOMES FOR CERTIFICATION.


(5)(6)      To act as a representative of ODHS ODJFS in recommending family foster homes for certification;


(7)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING TREATMENT FOSTER HOMES FOR CERTIFICATION.


(8)      TO ACT AS A REPRESENTATIVE OF ODJFS IN RECOMMENDING MEDICALLY FRAGILE FOSTER HOMES FOR CERTIFICATION.


(6)(9)      To participate in the placement of children in family foster homes or for adoption.

(E)      A certificate issued to an agency shall contain, at a minimum, the name of the agency, its principal address, the functions which the agency is certified to perform, and the effective and expiration dates of the certification. Any certificate issued by ODHS ODJFS, either required or voluntary, shall not be transferable from one agency, owner, operator, corporation, partnership, or association to another.


(F)      An agency shall provide written notification to ODHS ODJFS:

(1)      Within thirty days of the termination of the agency administrator's employment;


(2)      Within thirty days of the commencement of a new administrator's employment;


(3)      Within thirty days of the deletion of any certified functions;


(4)      Within thirty days of any change in agency ownership;


(5)      Within thirty days prior to any planned change of agency or facility location;


(6)      Within twenty-four hours or the next working day of any unplanned change of agency or facility location; or


(7)      Within twenty-four hours or the next working day when any facility is rendered uninhabitable for any reason.

(G)      A PCPA shall, in addition to the requirements of this chapter, maintain compliance with the following rules, as applicable, for any child it is serving under a court order for protective supervision or for any child in the temporary, permanent or legal custody of the PCPA.

5101:2-39-10 "PCPA case plan for children in custody or under court-ordered protective supervision".

5101:2-39-11 "Required contents of a private child placing agency (PCPA) case plan document".

5101:2-39-30 "Protective supervision by PCSAs and PCPAs".

5101:2-42-04 "Authority to assume and retain custody of a child".

5101:2-42-05 "Selection of a placement setting".

5101:2-42-06 "Agreement for temporary custody of child" (ODHS 1645).

5101:2-42-07 "Extension of 'Agreement for Temporary Custody of Child'" (ODHS1645).

5101:2-42-08 "Acceptance of temporary custody by agreement and court-approved extensions".

5101:2-42-09 "Acceptance of permanent custody by permanent surrender".

5101:2-42-18 "Approval of substitute care placement settings".

5101:2-42-18.1 "FOSTER CARE REQUIREMENTS PURSUANT TO THE MULTIETHNIC PLACEMENT ACT".

5101:2-42-19 "Requirements for provision of lifeskill services and independent living placement".

5101:2-42-43 "Requirement of semiannual administrative review".

5101:2-42-64 "Preplacement services".

5101:2-42-65 "Agency visits AND CONTACTS".

5101:2-42-66.1 "Comprehensive health care for children in custody".

5101:2-42-67 "Preparation of lifebook".

5101:2-42-68 "Necessity for continued substitute care placement: COURT REVIEWS AND HEARING REQUIREMENTS".

5101:2-42-87 "Termination of substitute care".

5101:2-42-88 "Requirements for substitute care placement disruptions".

5101:2-42-89 "Death of a child in custody".

5101:2-42-90 "Provision of information to potential caregivers" "INFORMATION TO BE PROVIDED TO CAREGIVERS, SCHOOL DISTRICTS AND JUVENILE COURTS; INFORMATION TO BE INCLUDED IN INDIVIDUAL CHILD CARE AGREEMENT".

5101:2-42-91 "Individual child care agreement".

5101:2-42-92 "Visitation for child in temporary custody".

5101:2-42-93 "Procedural requirements regarding change of placement or visitation plan prior to journalization of case plan".

5101:2-42-94 "Termination of custody of a child".

5101:2-47-28 "Adoption assistance eligibility procedures PROCEDURE: application process for adoption assistance".

(H)      ODHS ODJFS shall inspect each agency at least twice during every twenty-four month certification period, not including the recertification inspection. At least one inspection shall be unannounced and all inspections may be unannounced.


(I)      During a complaint investigation or review of an agency acting as representative of ODHS ODJFS in recommending family foster homes for certification, ODHS ODJFS may inspect any family foster home recommended for certification by the agency. Such inspection may be announced or unannounced.


(J)      An agency may voluntarily terminate certification of any or all of its authorized functions upon written notice to ODHS ODJFS.

Effective Date: 1/1/03

Review Date: 7/7/05

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, 7/1/00.

FCASMTL 130