5101:2-5-11 Complaint handling.

Effective Date: January 1, 2003.

Most current prior effective date: September 18, 1996.

(A)      Whenever the Ohio department of human JOB AND FAMILY services (ODHS) (ODJFS) receives a complaint alleging that a certified AN agency is in violation of ANY OF the requirements of Chapter 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 or 5101:2-48 of the Administrative Code (OAC) relative to the agency's certified functions PERFORMED BY THE AGENCY, ODHS ODJFS shall commence an investigation of the allegations within three working days.


(B)      Whenever ODHS ODJFS receives any report concerning the operation of a certified AN agency which alleges that child abuse or neglect has occurred or is occurring, ODHS ODJFS shall immediately refer the report to the appropriate PCSA.


(C)      At the commencement of a site investigation by ODHS ODJFS of a complaint, other than an abuse or neglect investigation, ODHS ODJFS shall contact the administrator or designee of the agency and explain the nature of the complaint.


(D)      An agency shall cooperate with ODHS ODJFS in the investigation of any complaint and with the implementation of any required corrective action plans whenever an investigation finds a violation of the requirements of Chapter 5101:2-5, 5101:2-7, 5101:2-9, 5101:2-33, 5101:2-39, 5101:2-42, 5101:2-44 or 5101:2-48 of the Administrative Code as applicable to the certified functions of PERFORMED BY the agency.


(E)      Upon completion of the investigation of a complaint ODHS ODJFS shall conduct an exit interview with the administrator or designee. The purpose of the exit interview is to inform the administrator of the findings of the investigation. Any areas of noncompliance will be presented in writing on ODHS JFS 1391 01391 "Summary of Findings of Noncompliance" and explained to the administrator or designee during the exit interview. The signature of the administrator or designee on the ODHS JFS 1391 01391 shall signify only that the administrator or designee has received the ODHS JFS 1391 01391.


(F)      No agency shall recommend denial or revocation of a family foster home certificate or discharge, demote, suspend, reduce board payments to a family foster home, or threaten to recommend denial or revocation of a family foster home certificate, discharge, demote, suspend, or in any manner discriminate against any foster caregiver or employee based on the foster caregiver or employee taking any of the following actions:

(1)      Making any good-faith oral or written complaint to ODHS ODJFS regarding a violation of any OAC rules of ODHS applicable to the agency's certified functions PERFORMED BY THE AGENCY;


(2)      Instituting or causing to be instituted any proceeding against the agency under this chapter;


(3)      Acting as a witness in any proceeding under this chapter; or


(4)      Refusing to perform work that constitutes a violation of any chapter OAC RULE applicable to the agency's certified functions.

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.

Prior Effective Dates: 12/30/66, 10/1/86, 7/2/90 (Emer.), 10/1/90, 1/1/91, 9/18/96

FCASMTL 130