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 ofODHSODJFS 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 ofODHSODJFS 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 infamilyfoster 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 eligibilityproceduresPROCEDURE: 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.