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| Rule |
Rule 5180:2-14-01 | Definitions for certified in-home aides.
Effective:
November 12, 2023
(A) "Advanced practice registered nurse (APRN)" means a
certified registered nurse anesthetist, clinical nurse specialist, certified
nurse midwife or certified nurse practitioner under Chapter 4723. of the
Revised Code. This was previously called advanced practice nurse
(APN). (B) "Certified nurse practitioner (CNP)" means a
registered nurse who holds a valid certification of authority issued under
Chapter 4723. of the Revised Code that authorizes the practice of nursing as a
CNP in accordance with section 4723.43 of the Revised Code and rules adopted by
the board of nursing. (C) "Child" means an infant,
toddler, preschool or school-age child. (D) "Child care" per section 5104.01 of the
Revised Code means all of the following: (1) Administering to the
needs of infants, toddlers, preschool-age children and school-age children
outside of school hours. (2) By persons other than
their parents, guardians, or custodians. (3) For part of the
twenty-four-hour day. (4) In a place other than
a child's own home, except that an in-home aide provides child care in the
child's own home. (5) By a provider
required by Chapter 5104. of the Revised Code to be licensed or approved by the
department of job and family services, certified by a county department of job
and family services, or under contract with the department to provide publicly
funded child care as described in section 5104.32 of the Revised
Code. (E) "Field trips" means infrequent or irregularly
scheduled excursions from the child's own home with an in-home
aide. (F) "Food supplement" means a vitamin, mineral,
or combination of one or more vitamins, minerals and/or energy-producing
nutrients (carbohydrate, protein or fat) used in addition to meals or
snacks. (G) "Infant" means a child who is under eighteen
months of age. (H) "In-Home Aide" (IHA) means a person who does
not reside with the child but provides child care to a child in the
child's own home. The child's home will be inspected by the parent,
IHA and the county agency. (I) "Medication" means any substance or
preparation of a substance which is used to prevent or treat a wound, injury,
infection, infirmity, or disease. This includes medication that is over the
counter, or prescribed or recommended by a physician or advance practice nurse
certified to prescribe medication, and permitted by the parent for
administration or application. (J) "Parent" means the father or mother of a
child, an adult who has legal custody of a child, an adult who is the guardian
of a child, or an adult who stands in loco parentis with respect to a child,
and whose presence in the home is needed as the caretaker of the child. Parent
has the same meaning as "caretaker parent" as defined in section
5104.01 of the Revised Code. (K) "Physician" means a person issued a
certificate to practice in accordance with Chapter 4731. of the Revised Code
and rules adopted by the state medical board or a comparable body in another
state. (L) "Physician assistant (PA)" means a person who
has obtained a valid certificate to practice in accordance with Chapter 4730.
of the Revised Code and rules adopted by the state medical board or a
comparable body in another state. (M) "Preschool child" means a child who is three
years old or older but is not a school-age child. (N) "Public children services agency
(PCSA)" means an entity specified in section 5153.02 of the Revised Code
that has assumed the powers and duties of the children services function
prescribed by Chapter 5153. of the Revised Code for a county. (O) "Publicly funded child care" is the care of
infants, toddlers, preschool children and school-age children under age
thirteen by an eligible provider. Publicly funded child care is paid, wholly or
in part, with federal or state funds, including funds available under the child
care block grant act Title IV-E and Title XX, distributed by
ODJFS. (P) "Routine trips" means repeated excursions off
the premises of the home which regularly occur on a previously scheduled basis
and that parents have been made aware of the destinations of the trip. Routine
trips include, but are not limited to, taking a child to school or picking up a
child from school. (Q) "School-age child" means a child who is
enrolled in or is eligible to be enrolled in a grade of kindergarten or above,
but is less than fifteen years old or, in the case of a child who is receiving
special needs child care, is less than eighteen years old. (R) "Special needs child care" means child care
provided to a child who is less than eighteen years of age and either has one
or more chronic health conditions or does not meet age appropriate expectations
in one or more areas of development, including social, emotional, cognitive,
communicative, perceptual, motor, physical and behavioral development and that
may include on a regular basis such services, adaptations, modifications, or
adjustments needed to assist in the child's function or
development. (S) "Toddler" means a child who is at least
eighteen months of age but less than three years of age.
Last updated November 13, 2023 at 8:20 AM
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Rule 5180:2-14-02 | Application and approval for certification as an in-home aide.
Effective:
November 12, 2023
(A) What is the application process to
become a certified in-home aide (IHA)? A resident of Ohio who wishes to become an IHA in
order to provide publicly funded child care (PFCC) is to: (1) Complete a
professional registry profile for the in-home aide applicant through the Ohio
professional registry (OPR) at https://www.occrra.org. (2) Register online
through the OPR and complete the required pre-certification training for an
IHA. The pre-certification training is to have been taken within the two years
prior to the application to become an IHA. (3) Complete and submit
an application online in the Ohio child licensing and quality system (OCLQS) at
https://oclqs.force.com. (a) An application is considered to be complete when the
applicant has uploaded all documentation outlined in appendix A to this rule.
(b) Any application submitted without complete and accurate
information will need to be amended with complete and accurate information
before being certified. (c) The application will be deleted if the in-home aide is not
ready to be certified after twelve months. (d) The IHA is to comply with a pre-certification
inspection. (4) Submit the publicly
funded child care provider information in OCLQS, including signing a provider
agreement. (B) What are the qualifications to be a
certified IHA? The IHA is to meet the following
qualifications: (1) Be at least eighteen
years old. (2) Have completed a high
school education as verified by appendix B to this rule. (3) Have a medical
statement on file that is dated within twelve months prior to the date the IHA
initially applies for certification, as outlined in appendix C to this
rule. (4) Be physically capable
of complying with Chapter 5101:2-14 of the Administrative Code and performing
activities normally related to child care. These include, but are not limited
to, providing meals, dealing with emergencies in a calm manner, carrying out
methods of child guidance and discipline, and keeping accurate records as
outlined in this chapter. (5) Have written
documentation on file of current immunization against tetanus, diphtheria and
pertussis (Tdap) from a licensed physician as defined in Chapter 4731. of the
Revised Code, physician assistant, advanced practice registered nurse,
certified nurse midwife, certified nurse practitioner or licensed pharmacist.
The IHA may be exempt from the immunization requirement for religious reasons
with written documentation signed by the IHA, and for medical reasons with
written documentation signed by a licensed physician. (C) What is a valid IHA certificate? (1) A certificate
identifies a provider as the IHA for one location. (2) A certificate has
both the IHA's and child's home addresses. (3) A certificate
designates the maximum number of children in care, including the IHA's own
children. (4) A certificate contains an effective
date and an expiration date and is valid for two years, unless one of the
following occurs: (a) The parent moves to a new address. (b) The IHA notifies the county agency in OCLQS of his or her
voluntary withdrawal from certification. (c) The certificate is revoked pursuant to rule 5101:2-14-14 of
the Administrative Code. (D) What are the responsibilities of a certified
IHA? The IHA is to: (1) Have the certificate on file in the
child's home at all times. (2) Comply with at least one unannounced
inspection each fiscal year, beginning the next fiscal year after the
certificate was issued. (3) Keep the following information
current in OCLQS: (a) Mailing address. (b) Telephone number. (c) Email address. (d) Scheduled days and hours. (4) Keep the following information
current in the OPR: (a) Individual profile, including an employment record for
the IHA. (b) Organization dashboard. (c) Scheduled days and hours. (5) Provide parents with
information on any formal screenings and formal and informal assessments
completed by the IHA. (6) Cooperate with other
government agencies as necessary to maintain compliance with Chapter 5101:2-14
of the Administrative Code. (7) Update OCLQS by the
next business day if the IHA discontinues caring for children, so that the
county is notified. (8) Not use or disclose
any information concerning the family receiving publicly funded child care
(PFCC) to anyone other than the county agency or ODJFS, except upon written
consent of the parent. (E) What if a certified IHA wants to become certified at a
second location? (1) Complete and submit
an initial application online at https://oclqs.force.com. (2) Upload all
documentation for initial certification as outlined in appendix A to this rule.
(3) Complete the
pre-certification training unless it has been taken within the two years prior
to the application for the second location. (4) Comply with an
inspection. (F) What are the requirements if the parent and child move
to a new address? (1) The IHA is to notify
the county agency at least ten days prior to the parent moving to a new
address. (2) The IHA is to submit
the parent and child's new address in OCLQS. (3) The IHA and family
comply with an inspection of the new location. (4) Upon completion of a new inspection,
the county agency is to issue a new certificate for the new address and the
original certification period is to be maintained. (G) What are the requirements to renew an IHA
certificate? (1) Prior to the
expiration of the certification period, the IHA shall: (a) Complete and submit the application in OCLQS including all
uploaded documents outlined in appendix A to this rule. (b) Complete the required pre-certification training (at each
renewal). (2) If the IHA does not
submit the application by the end of the certification period, the certificate
will be closed. (H) Is an IHA an employee of the county agency or the Ohio
department of job and family services (ODJFS)? An individual certified by the county agency as
an IHA to provide PFCC services is an independent contractor and is not an
employee of the county agency that issued the certificate or ODJFS. (I) What are the IHA responsibilities for addressing
non-compliances found during an inspection? The IHA is to complete and submit a corrective
action plan in OCLQS addressing the non-compliances detailed in the inspection
report within the time frame requested in the inspection report. (J) What if the IHA disagrees with the county's
findings? If a county agency proposes any of the following
adverse actions pursuant to Chapter 5101:2-14 or rule 5101:2-16-11 of the
Administrative Code, the IHA may submit a written request for a county review
to the county agency no later than fifteen calendar days after the mailing date
of the county agency's notification: (1) Denial of an
application for certification. (2) A decision made on an
inspection or complaint investigation. (3) Proposal to revoke a
certificate. (4) Notice that a
certificate will not be renewed.
View AppendixView AppendixView Appendix
Last updated November 13, 2023 at 8:20 AM
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Rule 5180:2-14-03 | Training requirements for an in-home aide.
Effective:
November 12, 2023
(A) What health training is to be completed before an
in-home aide (IHA) may be certified? The IHA is to complete the following prior to
certification: (1) Current certification
in first aid and cardiopulmonary resuscitation (CPR). Both the first aid and
the CPR trainings are to be appropriate for the ages and developmental levels
of the children in care, as described in appendix A to this rule. (2) Current training in
management of communicable diseases as described in appendix A to this
rule. (3) Current training in
one of the following child abuse and neglect recognition and prevention
trainings: (a) Ohio department of job and family services (ODJFS)
child abuse and neglect recognition and prevention training. (b) Child abuse and neglect recognition and prevention
training as described in appendix A to this rule. (4) If the IHA meets the
trainer requirements in appendix A to this rule for a health training, the
person is considered to meet the health training requirement for that health
training, pursuant to paragraphs (A) and (B) of this rule. (5) Audiovisual or
electronic media training is not to be used to meet the CPR training
requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there
is also an in-person component of the training. (B) What are the on-going health training requirements for
a certified IHA? (1) Maintain current
certification in first aid and cardiopulmonary resuscitation (CPR) appropriate
for the ages and developmental levels of the children in care, as described in
appendix A to this rule. (2) Maintain current
training in management of communicable diseases and child abuse and neglect
recognition and prevention, as described in appendix A to this
rule. (C) What are the on-going professional development
requirements for a certified IHA? (1) Maintain
documentation of completion of a minimum of six clock hours of training
annually in any of the categories listed in appendix B to this rule each fiscal
year. The fiscal year is defined as July first through June
thirtieth. (2) Health trainings
taken pursuant to paragraphs (A) and (B) of this rule are not to be used to
meet the professional development training requirements. (3) Audiovisual or
electronic media training may be used to meet the six hours of annual
training. (4) An IHA certified in
the current fiscal year is to complete the professional development hours by
the end of the following fiscal year. (D) What verification is needed on file to document the
completed training? (1) Health trainings are
to be documented by one of the following: (a) Verification from the Ohio professional registry
(OPR). (b) The JFS 01276 "Health Training Documentation for
Child Care." (c) Training cards or certificates issued by the training
organization. (2) Professional
development hours are to be documented by one of the following: (a) Verification from the OPR. (b) Transcript of completion of college courses from an
accredited university, college or technical college. (i) One quarter credit
hour equals ten clock hours of training. (ii) One semester credit
hour equals fifteen clock hours of training. (c) The JFS 01307 "Professional Development
Documentation for Child Care." (d) Certificates of continuing education units (CEU). One
CEU equals ten clock hours of training. (e) Certificates issued by Ohio child welfare training
centers.
View AppendixView Appendix
Last updated November 13, 2023 at 8:20 AM
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Rule 5180:2-14-04 | Background check requirements for a certified in-home aide.
Effective:
November 12, 2023
(A) What records are included in a
background check? (1) Bureau of criminal
investigation (BCI) records pursuant to section 5104.013 of the Revised
Code. (2) Federal bureau of
investigation (FBI) records pursuant to section 5104.013 of the Revised
Code. (3) National sex offender
registry. (4) State sex offender
registry. (5) Statewide automated
child welfare system (SACWIS) records. (B) When is an individual to complete a
background check? (1) When an individual
initially applies to be a certified in-home aide (IHA). (2) Every five years from
the date of the most recent BCI records check. (3) When an IHA has a
break in employment as a certified IHA for longer than the previous one hundred
eighty consecutive days, unless the IHA was employed at a licensed child care
center, licensed type A home, licensed type B home, an approved child day camp,
a preschool or school-age program approved to provide publicly funded child
care (PFCC), or was a resident of a licensed type A home or a licensed type B
home in the previous one hundred eighty consecutive days. (C) How is a background check
obtained? The IHA is to: (1) Create a profile in
the Ohio professional registry (OPR) at https://www.occrra.org. (2) Submit fingerprints
electronically according to the process established by BCI. Have the BCI and
FBI results sent directly to ODJFS. Information on how to obtain a background
check can be found at
https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck. (3) Complete and submit
the request for a background check for child care in the OPR. (D) What if an individual previously
resided in a state other than Ohio? (1) ODJFS will contact
any states in which the individual resided in the previous five years to
request the information outlined in paragraph (A) of this rule. (2) Any information
received from other states will be reviewed and considered by ODJFS as part of
the background check review pursuant to paragraph (F) of this
rule. (E) What happens if an individual does
not complete the full background check determination process? (1) If the individual
completes only the requirements in paragraph (C)(2) of this rule or only the
requirements in paragraph (C)(3) of this rule and does not submit the other
component within forty-five days, the background check process will end and a
determination of eligibility will not be made. (2) ODJFS will notify the
individual that the background check determination process has
ended. (3) The individual will
need to complete the requirements of paragraphs (C)(2) and (C)(3) to restart
the background check determination process in the future. (F) What makes an individual ineligible
to be a certified IHA? (1) A conviction or
guilty plea to an offense listed in division (A)(5) of section 109.572 of the
Revised Code, unless the individual meets the rehabilitation criteria in
appendix A to this rule. (a) Section 109.572 of the Revised Code specifies that this
rule applies to records of convictions that have been sealed pursuant to
section 2953.32 of the Revised Code. (b) A conviction of or a plea of guilty to an offense
listed in division (A)(5) of section 109.572 of the Revised Code is not
prohibitive if the individual has been granted an unconditional pardon for the
offense pursuant to Chapter 2967. of the Revised Code or the conviction or
guilty plea has been set aside pursuant to law. For the purposes of this rule,
"unconditional pardon" includes a conditional pardon with respect to
which all conditions have been performed or have transpired. (2) Being registered or
ordered to be registered on the national or state sex offender registry or
repository. (3) The individual is
identified in SACWIS as the perpetrator for a substantiated finding of child
abuse or neglect in the previous ten years from the date the request for
background check was submitted or the individual has had a child removed from
their home in the previous ten years pursuant to section 2151.353 of the
Revised Code due to a court determination of abuse or neglect caused by the
person. (G) What happens after the individual
requests the background check and submits fingerprints through a web check
location? (1) The county agency
will receive the current JFS 01176 "Program Notification of Background
Check Review for Child Care" from ODJFS. (a) For an individual eligible for certification as an IHA,
the county agency is to keep the JFS 01176 on file if it is not available in
the OPR. (b) For an individual not eligible for certification as an
IHA, the county agency is to deny the application for certification pursuant to
rule 5101:2-14-14 of the Administrative Code immediately upon receipt of the
JFS 01176. (2) The individual will
receive the JFS 01177 "Individual Notification of Background Check Review
for Child Care" from ODJFS. (a) If the individual believes the information received is
not accurate, the individual may directly contact the agency that contributed
the questioned information. (b) If the IHA disagrees with the decision made by ODJFS, a
JFS 01178 "Request for Review of Background Check Decision for Child
Care" is to be completed to request a review of the decision. The JFS
01178 is to be submitted within fourteen business days from the date on the JFS
01177. (H) What happens after an individual
submits a JFS 01178 to ODJFS? If an individual requests a review of a
background check decision pursuant to paragraph (G)(2)(b) of this rule: (1) An IHA who is
certified is not to serve children during the review. (2) Upon review, if there
is a change in the background check decision, ODJFS will provide an updated JFS
01176 to the county agency and an updated JFS 01177 to the
individual. (3) If the individual is
determined to be eligible for certification as an IHA, the county agency may
allow the IHA to be certified and is to keep the updated JFS 01176 on file
pursuant to paragraph (G)(1)(a) of this rule.
View Appendix
Last updated November 13, 2023 at 8:21 AM
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Rule 5180:2-14-05 | Safe and sanitary requirements for in-home aides.
Effective:
November 12, 2023
(A) What are the safe and sanitary
environment and equipment requirements for an in-home aide (IHA)? (1) The IHA is to provide
a safe and healthy environment in the home when children are
present. (2) The home is to be
free of peeling or chipping paint. If a potential lead hazard is identified,
the IHA is to notify the local health department and the county agency by the
next business day. (3) Cleaning and
sanitizing equipment and supplies are to be stored in a space that is
inaccessible to children. Cleaning agents, aerosol cans and all other chemical
substances are to be stored in a designated area in their original containers
and/or clearly labeled. (4) Accumulated trash and
garbage are to be stored outside of the indoor or outdoor play area and not
accessible to the children. (5) Toilets are to be
flushed after each use. (6) All weapons,
including loaded and unloaded firearms and ammunition are to be stored in a
secure, safe, locked environment inaccessible to children while in the care of
the IHA at the home. Weapons and firearms include air rifles, hunting
slingshots and any other projectile weapon. (7) All alcohol, drugs,
and household and child medications are to be kept out of the reach of children
while in the care of the IHA at the home. (8) Toys or other
materials small enough to be swallowed are to be kept out of the reach of
infants and toddlers. (9) Electrical outlets,
including surge protectors, within the reach of children are to have child
proof receptacle covers when not in use unless designed with safety guards.
This requirement does not apply if the child's home serves only school-age
children. (10) There is to be at
least one underwriters laboratories (UL) or factory mutual laboratories (FM)
smoke detector located in the basement and on each level of the home. The smoke
detectors are to be placed, installed, tested and maintained in accordance with
manufacturer's recommendations. (11) There is to be at
least one UL or FM portable fire extinguisher in the home which is to have a
minimum rating of 1A:10BC. If there is only one UL or FM portable fire
extinguisher in the home it is to be located in the kitchen of the home.
(12) The home is to have
both hot and cold running water. The temperature of the hot water is not to
exceed one hundred twenty degrees Fahrenheit unless the IHA demonstrates that
the hot water faucet can be made inaccessible or inoperable to the children in
care. (B) What are the handwashing requirements
for a certified IHA ? (1) The IHA and the
children in care are to comply with the following handwashing
requirements: (a) Handwashing is to occur in a handwashing
sink. (b) If the handwashing sink is not of suitable height for
use by children, a sturdy, nonslip platform on which the children may stand is
to be provided. (c) Handwashing is detailed in appendix A to this
rule. (C) What are the communicable disease
requirements for a certified IHA? (1) If the IHA cares for
sick children, the IHA is to follow the guidelines detailed in appendix B to
this rule. (2) The JFS 08087
"Communicable Disease Chart" is to be readily available to the IHA,
parents and residents. (a) The IHA is to follow the reporting requirements listed
on the JFS 08087. (b) If the communicable disease is to be reported to the
local health department, the IHA is to report the communicable disease in the
Ohio child licensing and quality system (OCLQS) by logging into
https://oclqs.force.com by the next business day pursuant to rule 5101:2-14-07
of the Administrative Code. (D) What are the first aid requirements
for a certified IHA? (1) An unlocked, closed
first-aid container is to be on premises and readily available to the IHA, but
is to be kept out of reach of children. (2) The first-aid
container is to contain all of the items listed in appendix C to this
rule. (E) What are the specific procedures the
IHA needs to follow for standard precautions? (1) Blood spills are to
be treated cautiously and decontaminated promptly. Disposable vinyl gloves are
to be worn during contact with blood or bodily fluids which contain blood, such
as vomit or feces in which blood can be seen. (2) Surfaces contaminated
with blood or bodily fluids containing blood are to be first cleaned with hot,
soapy water and then sanitized with an appropriate bleach solution which is
prepared on a daily basis, according to product guidelines or other acceptable
disinfectant solution which is environmental protection agency (EPA) rated as
hospital disinfectant with a label claim for mycobactericidal
activity. (3) Materials that
contain blood are to be disposed in a sealable, leak-proof plastic bag or
double bagged in plastic bags that are securely tied. (4) Non-disposable items,
such as clothing that contain blood, are to be placed in a sealable, leak proof
plastic bag or double bagged in plastic bags that are securely
tied. (5) Sharp items used for
procedures on children with special care needs, such as lancets for finger
sticks or syringes, require a disposable container called a "sharps
container." This is a container made of durable, rigid material which
safely stores the lancets or needles until they are disposed of properly.
Sharps containers are to be stored out of the reach of children. (F) Are on-site pools allowed to be used
at a child's home? (1) If the child's
home has a swimming pool located on the premises, the pool is to be made
inaccessible to children who are in care by a fence or other physical barrier
(the locked house door is not a sufficient barrier) that prevents children from
accessing the water. A pool is to meet at least one of the following barrier
options: (a) For in-ground or at ground level pool: (i) A barrier that
prevents a child from going around, under or through to access the pool water
and the means of access to the pool (i.e. ladder, gate to deck) is secured,
locked or removed to prevent access to pool water. (ii) A fence that is at
least four feet tall that separates the pool from the play area. (iii) A secure cover that
meets the following standards: (a) Inhibits access to
the pool water. (b) Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through. (c) Is able to hold a
weight of at least four hundred eighty-five pounds. (d) Has manufacture
safety label attached. (e) Prevents water
collecting on the cover surface. (b) For an above ground or above ground level
pool: (i) A minimum of four
feet walls (four feet above ground level) that are non-climbable and
non-inflatable and the means of access to the pool (i.e. ladder, gate to deck)
is secured, locked or removed to prevent access to pool water. (ii) A fence that is at
least four feet tall that separates the pool from the play area. (iii) A secure cover that
meets the following standards: (a) Inhibits access to
the pool water. (b) Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through. (c) Is able to hold a
weight of at least four hundred eighty-five pounds. (d) Has manufacture
safety label attached. (e) Prevents water
collecting on the cover surface. (2) The IHA is not to
permit use of the pool by children in care. (G) What are the requirements for
swimming sites for the IHA and children in care? (1) An approved off-site
swimming site is to meet all state and local guidelines for environmental
health inspections. Activities in bodies of water and more than eighteen inches
in depth are to be supervised by people who are currently certified lifeguards
or water safety instructors by the "American Red Cross" or an
equivalent water safety program, as determined by ODJFS. (2) Pursuant to rule
5101:2-14-08 of the Administrative Code, the IHA is to actively supervise
children and is to be able to clearly see all parts of the swimming area,
including the bottom of the pool. The provider is not to serve as a life
guard. (3) The use of saunas,
hot tubs and spas by children is prohibited and are to be inaccessible to
them. (4) Swimming in lakes,
rivers, ponds, creeks or other similar bodies of water is
prohibited. (5) Wading pools less
than eighteen inches in wall height are permitted regardless of the amount of
water put into it. (a) Wading pools are to be filtered or emptied daily, and
portable wading pools are to be disinfected daily or more often if
needed. (b) The IHA is to supervise children at all times while a
wading pool is in use and is to be able to clearly see all parts of the wading
area. (H) What are the requirements for
parental permission for water and swimming activities? (1) The IHA is to have
written permission from the parent when water is directly accessible to
children and for the following activities: (a) Before the child swims or plays in water eighteen
inches or more in depth. (b) Before the child participates in activities, in or on
water eighteen inches or more in depth. (c) Before infants and toddlers use wading
pools. (2) Written parental
permission is to be on file for one year at the home. Written permission for
on-going activities such as wading pools is to be updated
annually. (I) What is to be included in the written
parental permission? (1) Child's name and
date of birth. (2) Statement indicating
whether the child is a non-swimmer or capable of swimming. (3) Location of the water
activities or swimming site by water of eighteen or more inches in
depth. (4) A signature and date
from the parent indicating permission for the activity. (J) What are the regulations for pets in
the child's home? (1) Pets and animals are
to be permitted if they present no apparent threat to the safety or health of
the children. (2) All pets are to be
properly housed, cared for, licensed and inoculated. All local and state
ordinances governing the keeping of animals (exotic or domesticated) are to be
followed and updated as required. Verification of license and compliance with
local and state requirements and inoculations, for each pet requiring such
license or inoculations, or regulated by local or state government is to be on
file at the child's home. (3) The IHA is not
permitted to bring their own pet or animal to the child's
home.
View AppendixView AppendixView Appendix
Last updated November 13, 2023 at 8:21 AM
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Rule 5180:2-14-06 | Child record requirements for a certified in-home aide.
Effective:
November 12, 2023
(A) What are the requirements for the JFS
01234 "Child Enrollment and Health Information for Child Care" in a
home with a certified in-home aide (IHA)? The IHA is to: (1) Have a completed JFS
01234 on file for each child in care by the first day of care, including the
IHA's own children in care. (2) Ensure the JFS 01234
is reviewed at least annually by the parent and updated as needed when
information changes. The parent and the IHA are to initial and date the form
when information is reviewed or updated. (3) Send the child's
JFS 01234 with any child who is being transported for emergency
assistance. (4) Maintain a current
copy of the completed JFS 01234 for each child in care in a location that can
be easily and quickly accessed and removed from the home if there is an
emergency where the children are moved to another location, and for
transporting children on all trips, except routine walks. (5) Set a policy
regarding whether to provide care to children whose parents refuse to grant
consent for transportation to the source of emergency treatment. (B) What are the child medical statement
requirements in a home with a certified IHA? (1) The IHA is to have
verification of a medical exam on file for each child in care, including the
IHA's own children in care. Children who attend a grade of kindergarten or
above in an elementary school are exempt from this requirement. (2) The medical statement
is to be on file at the home within thirty days of the child's first day
of care and is to be updated every thirteen months thereafter from the date of
the examination. (3) The medical statement
is to contain the following information: (a) The child's name and birth date. (b) The date of the medical examination, which is to be no
more than thirteen months prior to the date the form is signed. (c) The signature, business address and telephone number of
the licensed physician as defined in Chapter 4731. of the Revised Code,
physician assistant (PA), advanced practice registered nurse (APRN), or
certified nurse practitioner (CNP) who examined the child. (d) A record of immunizations on file within thirty days of
the child's first day of care, if a child is not enrolled in a public or
nonpublic school. This record may be attached to the medical statement and is
to contain the following information: (i) The child's name
and birth date. (ii) Each immunization
the child has had, specifying the month, day and year of the immunization, or
that the child is in the process of being immunized against the diseases listed
in appendix A to this rule. (e) If a child has not received an immunization(s) to
prevent a disease listed in appendix A to this rule, then one or both of the
following is to be on file: (i) A statement from a
licensed physician as defined in Chapter 4731. of the Revised Code, PA, APRN,
or CNP that an immunization against the disease is medically contraindicated
for the child or is not medically appropriate for the child's
age. (ii) A statement from the
child's parent that they have declined to have the child immunized against
the disease for reasons of conscience, including religious
convictions. (C) What are the health care plan
requirements for caring for children with a specific health condition in a home
with a certified IHA? (1) The JFS 01236
"Medical/Physical Care Plan for Child Care" is to be used for
children with a condition or diagnosis that includes the
following: (a) Monitoring the child for symptoms in order to take
action, if necessary. (b) Ongoing administration of medication or medical foods.
Medical food means food that is formulated to be consumed under the supervision
of a physician, PA, APRN, or CNP and which is intended for the specific dietary
management of a disease or condition. (c) Administering procedures that the IHA is trained to
provide. (d) Avoiding specific food(s), environmental conditions or
activities. (e) A school-age child to carry and administer their own
emergency medication. (2) The IHA is
to: (a) Ensure that there is a completed JFS 01236 for each
condition per child, including the IHA's own children in
care. (b) Implement and follow all requirements of each
child's JFS 01236. (c) Keep each JFS 01236 in a location that can be easily
and quickly accessed, including being removed from the home if there is an
emergency where the children are moved to another location, and for
transporting children on all trips except routine walks. (3) The JFS 01236 is to
be reviewed by the parent at least annually and updated as needed. The parent
and the IHA are to initial and date the form when information is reviewed or
updated. (4) The JFS 01236 is to
be on file in the home by the first day the IHA provides child care services,
or upon confirmation of a health condition. (5) If the IHA suspects
that a child has a health condition, the IHA may collect a physician's
statement from the parent within a designated time frame. (6) The IHA is to be
trained on the child's needs and all procedures before being permitted to
perform medical procedures or other action needed for a health condition or
special need. (D) What information regarding
children's records can be shared? Children's records are to be confidential
but are to be available to the Ohio department of job and family services
(ODJFS) and the county agency for the purpose of administering Chapter 5104. of
the Revised Code and Chapter 5101:2-14 of the Administrative Code. The
immunization records are subject to review by the Ohio department of health
(ODH) for disease outbreak control and for immunization level assessment
purposes. (E) How long are child records to be kept
on file by the IHA? All child medical statements, JFS 01217
"Request for Administration of Medication for Child Care," JFS 01234
and JFS 01236 as well as all written permission from parents are to be kept on
file for twelve months from the date the form is signed or updated, whichever
is later, even if the child is no longer being cared for in the home or the
form is no longer needed for the child.
View Appendix
Last updated November 13, 2023 at 8:21 AM
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Rule 5180:2-14-07 | Emergency and health-related plans for a certified in-home aide.
Effective:
November 12, 2023
(A) What are the medical, dental and
general emergency requirements for a certified in-home aide (IHA)? The IHA is to: (1) Have a written plan
for medical or dental emergencies on the JFS 01242 "Medical, Dental and
General Emergency Plan for Child Care." The plan is to be completed,
implemented when necessary and kept in a location that is readily available to
the IHA. (2) Complete the JFS
01201 "Dental First Aid" and keep in a location readily available to
the IHA. (3) Have a written
emergency and disaster plan that includes brief instructions for evacuations
and diagrams with indoor severe weather safe spots and evacuation routes.
(4) Post severe weather
and fire evacuation routes on each level of the home in use for
care. (5) Conduct monthly fire
drills at varying times. Written documentation of these drills is to be kept
on-site. (B) When is the certified IHA to complete the JFS 01299
"Incident/Injury Report for Child Care"? (1) The IHA is to
complete the JFS 01299 and provide a copy to the parent on the day of the
incident/injury if: (a) A child becomes ill or receives an injury in which
first aid treatment is applied. (b) A child is transported in accordance with this rule to
a source of emergency assistance. (c) A child receives a bump or blow to the
head. (d) An unusual or unexpected incident occurs which
jeopardizes the safety of a child or IHA, such as a child leaving the home
unattended, a vehicle accident with or without injuries, or exposure of
children to a threatening person or situation. (2) Copies of the JFS
01299 are to be kept on file at the home for at least one year and are to be
available for review by ODJFS or the county agency. (C) What is a serious
incident? (1) Death of a child at
the home. (2) An incident, injury,
or illness that requires professional medical consultation or treatment for a
child. (3) An unusual or
unexpected incident which jeopardizes the safety of a child or IHA in the home
where care is taking place. (D) What does the certified IHA do if
there is a serious incident, as defined in paragraph (C) of this
rule? (1) The IHA is to log
into https://oclqs.force.com by the next business day to report the
incident. (2) This notification
does not replace reporting to the county children's protective services
agency if there are concerns of child abuse or neglect as outlined in rule
5101:2-14-08 of the Administrative Code. (3) The IHA may print the
completed serious incident report in OCLQS and give to the parent to meet the
parent notification requirements in paragraph (B) of this rule. (4) If the child is
transported by anyone other than a parent for emergency treatment, the
child's health and medical records as outlined in rule 5101:2-14-06 of the
Administrative Code, are to accompany the child. (E) What are the emergency and disaster plan requirements
for a certified IHA? The IHA is to: (1) Develop a dated
written emergency and disaster plan that is: (a) Updated at least annually. (b) Reviewed with the parent at least
annually. (2) Conduct monthly
weather emergency drills in the months of March through September. Written
documentation of these drills is to be kept on-site. (3) The plan is to
include procedures that will be used to prepare for and respond to the
following types of emergency or disaster situations: (a) Weather emergencies and natural disasters which include
severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice
storms or earthquakes. (b) Emergency evacuations due to hazardous materials and
spills, gas leaks or bomb threats. (c) Outbreaks, epidemics or other infectious disease
emergencies. (d) Loss of power, water or heat. (e) Emergencies or disasters that occur during the
transport of children or when on a field trip or routine trip. (f) Other threatening situations that may pose a health or
safety hazard to the children. (4) The plan is to include procedures for
sheltering in place, disasters and evacuation, including: (a) Emergency contact information for the parents and the
IHA. (b) Plan to contact and work with local emergency
management officials. (c) The location of supplies. (d) Procedures for: (i) Gathering necessary
supplies for children. (ii) Communicating with
parents during loss of communication including loss of phone or internet
service. (iii) Caring for and
accounting for the children until they can be reunited with the
parent. (iv) Assisting infants
and children with special needs and/or health conditions. (v) Reunification with
parents including procedures for notifying and communicating with parents
regarding the location of children if evacuated.
Last updated November 13, 2023 at 8:21 AM
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Rule 5180:2-14-08 | Supervision of children and child guidance for a certified in-home aide.
Effective:
November 12, 2023
(A) What are the requirements for
supervision for a certified in-home aide (IHA)? The IHA is to: (1) Leave no child
unsupervised. Supervision means the IHA has knowledge of a child's needs
and accountability for a child's care at all times, including, but not
limited to, developmental and behavioral needs and parental preferences.
Supervision includes awareness of and responsibility for the activity of each
child and being near enough to respond and reach children immediately,
including responding to the child's basic needs and protecting them from
harm. (2) Ensure all children
in care are always within sight or hearing of the IHA. Within sight or hearing
means without the use of mechanical devices such as baby monitors, video
cameras or walkie talkies. The use of mirrors to view children in another room
does not meet the supervision requirements of this rule. (3) Not be under the
influence of any substance that impairs the IHA's ability to supervise
children and/or perform duties. (4) Not be involved in
any activities that interfere with the care of the children. This includes not
being involved in other employment during the hours in which care is
provided. (5) Always have immediate access to a
working telephone on the premises which is available and capable of making
outgoing calls and receiving incoming calls. (6) Not permit children to be exposed to
inappropriate language or media. (7) Provide supervised outdoor play in
suitable weather for any infant over twelve months of age, toddler, preschool
and school-age child cared for by the IHA for four or more consecutive daylight
hours. Suitable weather is at a minimum of twenty-five to ninety degrees
Fahrenheit. (a) The IHA is to identify traffic hazards when outdoors
and protect children from vehicular traffic. (b) The IHA is to remain outdoors with infants, toddlers
and preschoolers at all times. (c) School-age children may be permitted in the outdoor
play space without the IHA as long as the children remain within sight and
hearing of the IHA if both of the following occur: (i) The children are not
engaged in higher risk activities such as, but not limited to, swimming,
activities with animals, or using equipment with motors or moving
parts. (ii) The IHA is always
able to intervene if needed. (d) When the outdoor play space is not on the premises, the
IHA is to accompany and supervise all children in transit and at the outdoor
play space. (e) Provide access to restroom facilities and drinking
water during outdoor play times. (B) What are the requirements for
supervision of school-age children? (1) With written parent
permission, school-age children may leave the home for specific activities,
including: (a) Walking to and from school. (b) Walking home or to another destination. (2) The written
permission is to specify: (a) Child's name. (b) Location of the activity. (c) Arrangements for going to and from the
activity. (d) Start and end time of the activity. (e) Time period for when the permission is
given. (f) Parent signature and date. (C) What are the staff/child ratio and
maximum group size requirements? The IHA is to: (1) Care for no more than
six children at any one time. No more than three of the children may be under
two years of age. (2) Not exceed the
maximum capacity at any time. (3) Be the sole provider
of care in the child's home. (4) Care for no more than
two of the IHA's own children in the child's home. These children are
to be counted in the maximum group size of children as designated on the
certificate. (D) What are the child guidance techniques to be used by
the IHA? (1) The IHA is to follow
appendix A to this rule regarding child guidance techniques to be used with the
children, including the IHA's own children. (2) The IHA is to
communicate and consult with the parent prior to implementing a specific
behavior management plan. This plan is to be in writing, signed by the parent,
and is to be consistent with the requirements of this rule. (E) What are the child abuse and neglect reporting
requirements? If the IHA suspects that a child has been abused
or neglected, the IHA is to immediately notify the public children services
agency (PCSA).
View Appendix
Last updated November 13, 2023 at 8:21 AM
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Rule 5180:2-14-09 | Transportation and field trip safety for a certified in-home aide.
Effective:
November 12, 2023
(A) What is to be completed for all
trips, including routine trips? The in-home aide (IHA) is to: (1) Have written and
signed permission from the parent before transporting or escorting a child away
from the home for field trips and routine trips as detailed in appendix A to
this rule. The permission slip is to be kept on file at the home for one year
from the date of the trip. (2) Attach to each child
on a routine or field trip, except children being transported only to and from
school or only to and from home, identification containing the IHA's name,
the child's address and a telephone number to contact in the event the
child becomes lost. (3) Have first aid
supplies as outlined in appendix C to rule 5101:2-14-05 of the Administrative
Code. (4) Take all supplies
needed to provide treatment and medications for any child with a JFS 01236
"Child Medical/Physical Care Plan for Child Care" transported during
the trip, as outlined in rule 5101:2-14-06 of the Administrative
Code. (5) Have a working
cellular phone or other means of immediate communication. Cellular phones are
not to be used by a driver while the vehicle is in motion. (6) Ensure that if the
vehicle used to transport children is manufactured with seat belts, they are
utilized by adults and children, with no more than one person strapped in each
seat belt. Children or adults are not to be permitted to stand in a moving
vehicle, sit on the floor or ride in a vehicle where all seats are not securely
anchored. (7) The vehicle is to be
checked at completion of each trip to ensure that no child has been left in the
vehicle. (B) What are the driver requirements for a certified IHA
who transports children in care? (1) The IHA driver is
to: (a) Complete the one-time Ohio department of job and family
services (ODJFS) child care transportation training in the Ohio professional
registry (OPR), unless public transportation is being used or the school
district is providing transportation to and from the child's
home. (b) Ensure that all passengers, including the driver,
follow the state of Ohio's child restraint law found in section 4511.81 of
the Revised Code when transporting children in care. (c) Not allow children under twelve years of age to ride
in the front seat of any vehicle. (2) The requirements
outlined in paragraph (B) of this rule do not apply to public transportation
drivers. (C) What are the inspection requirements
for vehicles used for transporting children in care? The IHA is to maintain documentation that monthly
inspections have been performed, followed by any necessary repairs or other
appropriate actions, for the following items: (1) A visual inspection
for the vehicle's tires for wear and adequate pressure. (2) A visual inspection
for working headlights, taillights, signals, mirrors, wiper blades and dash
gauges. (3) An inspection for
properly functioning child and driver restraints. (4) An inspection for
properly functioning doors and windows. (5) An inspection for,
and cleaning of, debris from the vehicle's interior.
View Appendix
Last updated November 13, 2023 at 8:22 AM
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Rule 5180:2-14-10 | Sleeping, napping and overnight requirements for an in-home aide.
Effective:
November 12, 2023
(A) What are the sleep and nap
requirements for a certified in-home aide (IHA)? (1) Sleep time and nap
time are to be in accordance with the developmental needs of the
child. (2) Infants under twelve
months old are to be placed on their backs to sleep unless the parent provides
written authorization on the JFS 01235 "Sleep Position Waiver Statement
for Child Care" signed by the child's physician. The JFS 01235 is to
be maintained on file for review and is valid for one year. Infants who are
able to roll from back to front and front to back are to be placed initially on
their back for sleeping but allowed to remain in a position they
prefer. (3) Sleep or nap areas
are to be lighted to allow for visual supervision of all children at all
times. (4) Any child who does
not fall asleep during a designated nap time is to have the opportunity to
engage in quiet activities. (5) An evacuation route
is not to be blocked by sleeping or napping/resting children. Each child is to
have a free and direct means of escape and the IHA is to have a clear path to
each child. (6) Rest time is to be
treated in the same manner as nap time. (B) What are the sleeping arrangements in
the child's home? (1) Children living in
the home are to sleep in their own beds or cribs. (2) The IHA's
children being cared for in the home are to be assigned their own bed, crib,
couch, cot, playpen or mat. (3) No child is to be
permitted to rest, nap or sleep on the floor without a mat, pad or
cot. (4) A mat is a pad that
is at least one inch thick and at least as wide and long as the child using the
mat. (5) A cot is to stand at
least three inches and not more than eighteen inches off the floor. The cot is
to be firm enough to support the child, but is to be resilient under pressure.
Each cot is to be at least thirty-six inches in length and at least as long as
the child using the mat is tall. (6) An air mattress
designed for overnight sleeping may be used. All manufacturer's warnings
are to be followed. Air mattresses designed for use as flotation devices are
not to be used for sleeping or napping. (C) What are the crib and playpen
requirements for the child's home? (1) Unless the infant
meets the requirements of paragraph (E) of this rule, each infant being cared
for in the home is to have a separate crib or playpen that meets the following
requirements: (a) Any crib manufactured before June 28, 2011 is to have a
certificate of compliance (COC) on file. The IHA may have to contact the
manufacturer of the crib to receive a COC if they do not request one from the
retailer when they purchase the crib. (b) Cribs with a documented manufacture date after June 28,
2011 have to meet the new federal standards to be sold, so they do not require
a COC. The date of manufacture is to be attached to the crib. (c) Cribs and playpens are to be used according to
manufacturer's instructions. (d) Each crib and playpen are to be of sturdy construction
and have: (i) Closely spaced bars
with corner posts that do not exceed one sixteenth of an inch above the top of
the end panel. (ii) Spaces between the
bars of the crib or playpen and between the bars and end panels of the crib or
playpen are not to exceed two and three-eighths inches. (iii) Playpen mesh
openings are to be less than one quarter inch. (e) Cribs and playpens are to be used with the mattress
supports in their lowest positions and the sides in the highest positions.
(f) Each crib is to have a firm mattress that is at least
one and one half inches thick. (g) Each playpen is to have a firm mattress or pad that
does not exceed one inch in thickness. (h) The space between the mattress and the side or end
panels of the crib or playpen are not to exceed one and one-half
inches. (i) Each mattress is to be securely covered with a
waterproof material which can be thoroughly sanitized and is not dangerous to
children. The waterproof cover is to be free of rips or tears. (D) What safety measures for cribs are to
be followed by an IHA? (1) Cribs are not to be
stacked. (2) Bumper pads are not
to be used. (3) Items are not to be
placed or hung over the side that obstructs the IHA's view of the
infant. (4) Infants are not to be
placed in cribs with bibs or any other items which could pose a strangulation
or suffocation risk. (5) No blankets are to be
in the crib or playpen for infants under twelve months old. A one-piece sleeper
or wearable blanket is permitted. Only children who are not yet able to
roll-over are permitted to be swaddled using a wearable swaddling
blanket. (6) Infants are to be placed in their
cribs or playpens for sleeping, and are not to be allowed to sleep in
bassinets, swings, car seats or other equipment. If a medical condition exists
where a child needs to sleep in equipment other than a crib or playpen, written
permission is to be obtained from a physician and is to be maintained on
file. (7) Cribs or playpens assigned to a child
are not to be used for storage of toys and other materials. (E) When are children to stop using cribs
or playpens? (1) When the child is
able to climb out of the crib or playpen. (2) When the child
reaches the height of thirty-five inches. (3) An infant twelve months or older may
use a cot, pad or mat with written permission from the parent. (4) If the use of a crib or playpen is
considered hazardous for a child, regardless of age, the infant may use a cot
or mat with written permission from the parent. (F) What are the requirements for evening
and overnight care? (1) Evening and overnight
care is any time between the hours of seven p.m. and six a.m. (2) The IHA is to remain
awake until all children are asleep. When children sleep in the evening or
overnight, the IHA is to have a monitoring device that ensures sight or hearing
at all times. (3) Children are to only
sleep during evening and overnight care in areas that have been approved for
sleeping. (4) Children under the
age of five are to sleep on the same floor as the IHA. (5) Bedtime routines are
to be developed and followed in consultation with the parents of the
children. (6) All indoor areas of
the home are to have adequate lighting, including bathrooms, hallways and
sleeping rooms to ensure that children can be seen by the IHA. (7) The IHA is to have
written permission from the parent prior to allowing the child to
bathe. (8) Ensure each child has
clean, comfortable sleeping clothes, and a clean, individual washcloth, towel
and toothbrush, as appropriate for the child. (9) Assist children
during washing and changing clothes according to children's developmental
needs. (10) All children are to
bathe separately unless the parent has provided written consent that the
children can be bathed together.
Last updated November 13, 2023 at 8:22 AM
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Rule 5180:2-14-11 | Meal preparation/nutritional requirements for an in-home aide.
Effective:
November 12, 2023
(A) What are the requirements for meals
and snacks for a certified in-home aide (IHA)? The IHA is to: (1) Provide nutritious,
varied and appropriately timed meals and snacks for all children in accordance
with parent's wishes as described in appendix A to this rule. (2) Serve food that is not a choking
hazard, and that is developmentally appropriate in size, amount and
texture. (3) Ensure that meals and snacks are
served in the hours as described in appendix A to this rule, except when
sleeping. (4) Serve only one hundred per cent,
undiluted fruit or vegetable juice, if used to meet the fruit or vegetable
requirement for meals and snacks. Other fruit or vegetable juice is permitted
as a beverage alternative. (5) Ensure the parent obtains a
physician's written instructions if administering a medical food to any
child or if an entire food group is eliminated. When special diets are for
cultural or religious reasons, the IHA is to obtain written, dated and signed
instructions from the child's parent. (6) Ensure that any alternate diet,
except if the diet is for religious, cultural or medical reasons as specified
in paragraph (A)(5) of this rule, includes items from each of the following
food groups: meat or meat alternative, grain, fruit/vegetable, fluid
milk. (7) Ensure that all food, including milk
(formula and breast milk for infants) is safely stored. If safe storage of milk
is not available on routine trips or field trips, milk may be served at snack
instead of at the meal. Potentially hazardous foods such as, but not limited
to, milk, milk products, eggs, meat, poultry, fish, cooked rice and baked or
boiled potatoes are to be refrigerated at a temperature at or below forty
degrees Fahrenheit. (8) Ensure individual servings or
individual packages of food or drink that have been served to a child are
discarded or stored as instructed by the child's parent. Food or drink
that is individually packaged and the package has not been opened may be stored
in the home to be served again. (B) What requirements for safe,
independent self-feeding are to be implemented by an IHA? The IHA is to ensure that: (1) Food is not served on
bare tables. Food for infants may be placed directly on an individual highchair
tray if the tray is removed, washed and sanitized. (2) Eating utensils and
dishes are suitable for the age and developmental level of the
children.
View Appendix
Last updated November 13, 2023 at 8:22 AM
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Rule 5180:2-14-12 | Medication administration for an in-home aide.
Effective:
November 12, 2023
(A) When does an in-home aide (IHA) use
the JFS 01217 "Request for Administration of Medication for Child
Care"? (1) The JFS 01217 is to
be used to document medication administration of all prescription and
non-prescription medication, including sample medication. (2) The JFS 01217 is not
to be used for medication required by a JFS 01236 "Child Medical/Physical
Care Plan for Child Care" pursuant to rule 5101:2-14-06 of the
Administrative Code. (3) The JFS 01217 is not
to be used for non-prescription topical products or lotions. (B) What are the requirements for
prescription medications, non-prescription medicines containing codeine or
aspirin, or non-prescription medication to be given longer than three
consecutive days in a fourteen day period? (1) The IHA is to ensure
that the parent completes and signs box one of the JFS 01217. (2) The IHA is to ensure
that the instructions in box two of the JFS 01217 are completed and signed by a
licensed physician as defined in Chapter 4731. of the Revised Code, licensed
dentist, advanced practice registered nurse or certified physician
assistant. (3) Box two of the JFS
01217 does not need to be completed if the medication is stored in the original
container with prescription label that includes the child's full name, a
current dispensing date within the previous twelve months, exact dosage and
directions for use. (C) What are the requirements for
non-prescription medications? The IHA is to: (1) Ensure that the
parent completes and signs box one of the JFS 01217. (2) Ensure that one of
the following is met: (a) The medication is stored in the original container with
a manufacturer's label containing directions based on the age and/or
weight of the child. (b) The instructions in box two of the JFS 01217 are
completed and signed by a licensed physician as defined in Chapter 4731. of the
Revised Code, licensed dentist, advanced practice registered nurse or certified
physician assistant. This excludes topical preventative products and lotions
unless the instructions exceed or do not match the manufacturer's
instructions or the non-prescription medication is not stored in the original
container. (D) What are the requirements for topical
products and lotions? Written parental permission does not need to be
obtained for lip balm use or for using hand sanitizer with children older than
twenty-four months. For all other topical products and lotions, the
IHA is to: (1) Ensure that the
product is stored in the original container with manufacturer's label that
includes directions based on the age and/or weight of the child. (2) Ensure that the
parent provides signed written permission to administer that topical product or
lotion. (3) Apply the
non-prescription topical products and lotions according to the
manufacturer's instructions. These may be applied without documentation of
the application. (E) What are the requirements for a
certified IHA to administer medications, medical foods or topical
products? The IHA is to: (1) Not administer any
medication, medical food or topical product until the child has received the
first dose or application at least once prior to the IHA administering a dose
or applying the product, to avoid unexpected reactions. Emergency medications
for the child are exempt from this requirement. (2) Not administer any
medication, medical food or topical product for any period of time beyond the
date indicated by the physician, physician assistant, advanced practice
registered nurse certified to prescribe medication or licensed dentist, on the
prescription label, for twelve months from the date of the form, or after the
expiration date on the medication, whichever comes first. (3) Document each
administration or application on the JFS 01217 immediately after administering,
including when school-age children administer their own medication. This
excludes items in paragraph (D) of this rule. (4) Follow prescribed
dosages or the manufacturer's recommended dosages for administering
non-prescription medication. (5) Complete a separate
JFS 01217 for each medication to be administered for each child, excluding
items in paragraph (D) of this rule. Each JFS 01217 is valid for the time
period listed on the form, not to exceed twelve months from the date of
signature. (F) What are the requirements for storing
medication, topical products and medical foods? The IHA is to: (1) Safely store all
medication, medical foods and topical products immediately upon arrival at the
home. Ensure the medication, medical food or topical product is stored per the
requirements on the label in the original container with the child's name
affixed. (2) Keep all household
and child medication, medical foods and topical products out of the reach of
children, unless a school-age child is permitted to carry their own emergency
medication and a JFS 01236 is completed and on file at the home. (3) Permit school-age
children to carry and use their own topical products. (4) Refrigerate
medications, medical foods or topical products in a separate container if
needed. (5) Ensure that
medications, medical foods and topical products are accessible to the IHA at
all times. (6) Ensure that
medications, medical foods and topical products are discarded when no longer
needed or expired.
Last updated November 13, 2023 at 8:22 AM
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Rule 5180:2-14-13 | Infant care and diaper care for an in-home aide.
Effective:
November 12, 2023
(A) What are the requirements for infant
daily care? (1) The in-home aide
(IHA) is to: (a) Allow infants to safely and comfortably sit, crawl,
toddle, walk and play according to the infant's stage of
development. (b) Remove each infant from the crib, swing, infant seat,
exercise seat or other equipment throughout the day for individual
attention. (c) Provide each non-crawling infant the opportunity for
tummy-time, outside of their crib or playpen, each day. (d) Maintain a daily written record for each infant that is
provided to the infant's parent on a daily basis. The record is to include
the following information: (i) Food
intake. (ii) Sleeping
patterns. (iii) Times and results
of diaper changes. (iv) Information about
daily activities. (2) Each infant is to be
removed from his or her crib or playpen for all feedings. Infants are to be
held or fed sitting up for bottled feedings. A bottle is not to be propped for
an infant at any time. (B) What are the requirements for infant
bottle and food preparation? The IHA is to: (1) Prepare and serve
infant food in a manner appropriate to the developmental needs of each child.
The IHA is to introduce new foods only after consultation with the parent. The
IHA is to comply with written feeding instructions from the infant's
parent, physician, physician's assistant or certified nurse practitioner
(CNP), which is to include the following: (a) Type of food and/or formula/breast milk. (b) Amount of food and/or formula/breast milk. (c) Feeding times or frequency of feedings. (2) Ensure the parent
updates the written feeding instructions as needed. (3) Not feed any foods,
other than formula or breast milk, to infants under four months of age, unless
there is written documentation on file from a physician, physician's
assistant or CNP. (4) Ensure that formula,
breast milk, or other liquids in a bottle are not heated in a microwave
oven. (a) If formula or breast milk is to be warmed, bottles are
to be placed in a container of water not hotter than one hundred twenty degrees
or be placed in a commercial bottle warmer. The container of water is to be
kept out of reach of children and is to be emptied and cleaned each day. The
bottle is to be shaken well, and the formula or breast milk temperature tested
before feeding. (b) Frozen breast milk is to be thawed under cold running
water or in the refrigerator. (5) Ensure that the
unused portion of formula, breast milk or food remaining in a container from
which the infant has been directly fed is not to be reheated or served
again. (6) If the IHA prepares
infant formula it is to be prepared according to the manufacturer's
instructions or instructions from the infant's physician, physician
assistant or CNP. (7) Ensure that open
containers of ready-to-feed and concentrated formula are to be covered, dated
and refrigerated according to the manufacturer's
instructions. (8) Label all bottles or
prepared food with the infant's name and date of preparation. All formula
is to be refrigerated immediately after preparation or if the formula is
prepared by the parent. All commercially prepared food is be stored according
to manufacturer's instructions and not served after the expiration
date. (9) Ensure that if breast
milk is provided by the parent, it is to be labeled with the infant's
name, the date pumped, and the date the bottle was prepared. The IHA is to
follow the chart in appendix A to this rule for storing breast
milk. (C) What are the requirements for
diapering? (1) The IHA is to change
a child's diaper immediately when wet or soiled. (2) Clothing is to be
changed immediately when wet or soiled. (3) When changing diapers
the IHA is to comply with the following: (a) The IHA is to wash all soiled areas of the child's
body with either a wash cloth which is then appropriately sanitized, or a
disposable wipe. (b) If a diaper-changing surface is used to change more
than one child, the IHA place a disposable separation material between the
child and the changing surface. A different separation material is to be used
for each diaper change. (c) If a diapering product is used on more than one
child: (i) The container is not
to touch the child to avoid cross contamination. (ii) The product is to be
administered to avoid cross contamination. (d) No child is to be left unattended on the diaper
changing table. (4) The IHA is to store
and launder soiled diapers or clothing as follows: (a) The IHA is to store soiled diapers and diapering
washcloths, which are to be laundered in the child's home, in a covered
container with sanitizing solution. (b) If soiled diapers are to be commercially laundered, a
parent is to make the arrangements. (c) The IHA is to store soiled disposable diapers in a
plastic-lined covered container that prevents hand contamination and is not
easily accessible to children and discard diapers daily or more frequently as
needed to eliminate odor. (d) If the IHA is laundering diapers, the IHA is to follow
the manufacturer's guidelines. (D) Toilet training is to occur based on
a child's readiness and consultation with the parent regarding practices
in the child's home. The IHA is to ensure that toilet training is never
forced.
View Appendix
Last updated November 13, 2023 at 8:22 AM
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Rule 5180:2-14-14 | County agency responsibilities for in-home aide certifications, compliance inspections and complaint investigations.
Effective:
November 12, 2023
(A) What are the county agency
responsibilities for certifying an in-home aide (IHA)? (1) The county agency is
to accept and approve or deny all applications for certification as an IHA
within one hundred twenty days from the date the application is submitted in
the Ohio child licensing and quality system (OCLQS). (2) If the parent and IHA
applicant need help in completing the forms, the county agency is to provide
assistance. (3) The county agency is
to conduct a pre-certification inspection at the home of the parent to verify
compliance. (4) The county agency is
to issue a certificate when the county determines the IHA is in compliance with
Chapter 5104. of the Revised Code and Chapter 5101:2-14 of the Administrative
Code. (5) The county agency is to provide a
copy of the certificate to the parent of a child receiving in-home aide
services. (6) The county agency is to comply with
Chapter 5104. of the Revised Code and Chapter 5101:2-14 of the Administrative
Code. (B) When is the county agency to renew a
certificate? The county agency is to renew a certificate when
all of the following are met: (1) The IHA has submitted
a renewal application in OCLQS. (2) The parent and IHA
complete a new JFS 01642 "In-Home Aide Assurances." (3) The county agency
conducts a renewal home inspection. (4) It is determined the
IHA remains in compliance with Chapter 5101:2-14 of the Administrative
Code. (C) What are the additional county agency responsibilities
for compliance inspections? (1) The county agency is
to conduct an annual, unannounced inspection beginning the next fiscal year
after the issuance or renewal of an IHA certificate. (2) The county agency is
to conduct an inspection within ten days of notification that the parent has
moved to a new address. (D) What are the county agency responsibilities for
complaint investigations of an IHA? (1) Document the
complaint in OCLQS on the same day the complaint is received. (2) The county agency is
to investigate any complaints against an IHA. The county agency may inspect the
IHA home as part of the complaint investigation. (3) If the complaint
alleges immediate risk to children, the county agency is to begin the
investigation within one business day of the receipt of the
complaint. (4) If the complaint does
not allege immediate risk to children, the county agency is to begin the
investigation within five business days of the receipt of the
complaint. (5) Complaints alleging
child abuse and neglect are to be immediately reported to the public children
services agency (PCSA). The county agency is to follow PCSA instructions if
additional information is needed. (6) A PCSA investigation
does not relieve the county agency of its responsibility to investigate IHA
noncompliance with regulations contained in Chapter 5101:2-14 of the
Administrative Code. The county agency is to work with the PCSA to ensure the
county agency investigation does not interfere with the PCSA
investigation. (E) What does the county agency do if it is determined the
IHA is not in compliance? (1) If the county agency
determines that the IHA is not in compliance with Chapter 5101:2-14 of the
Administrative Code or Chapter 5104. of the Revised Code, the county agency may
revoke the certificate. (2) Upon revocation of a
certificate, the county agency is to notify the IHA of their right to appeal
the decision to revoke the certificate and request a county appeal review in
accordance with procedures outlined in paragraph (F) of this rule. (3) The voluntary
surrender of a certificate to the county agency is not to prohibit the county
agency from revoking a certificate pursuant to this paragraph of this
rule. (4) If the parent whose
child is receiving IHA services fails to cooperate with the county agency or to
comply with this chapter and Chapter 5104. of the Revised Code, the county
agency is to deny or terminate the IHA arrangement, revoke the IHA certificate
and inform the parent of alternative child care options. (5) If the IHA
certification is revoked, another IHA certification is not to be issued to the
IHA until five years have elapsed from the date the certification was
revoked. (F) What is the process if an IHA requests a county review
of a non-compliance finding or revocation of the IHA certificate? (1) If the IHA requests a
review, the following steps are to be followed: (a) The county agency is to schedule a county review within
fifteen business days of receipt of a written request to review a
non-compliance finding and notify the IHA in writing of the time, date and
place of the review. (b) The individual responsible for conducting the county
review is not to be someone who was a party to the decision that is the subject
of the review. (c) The IHA is to have the opportunity to present his or
her case and examine the contents of the case file that are relevant to the
county agency decision to revoke or deny the certification. (d) The county agency is responsible for preparing and
issuing a written decision to the IHA within ten business days from the date of
the county review. The decision is to include the following
information: (i) The action which was
appealed. (ii) Finding of
facts. (iii) Citation and
summarization of relevant Administrative Code rules which support the facts
established. (iv) Outcome of the
appeal on each issue addressed. (2) The county decision
is final and no further action can be taken by the IHA. (G) What are the county agency responsibilities for
maintaining documentation? (1) The county agency is
to enter and update all IHA certification and inspection documentation in the
Ohio child licensing and quality system (OCLQS), and provide an electronic copy
of the inspection to the IHA. (a) Compliance inspections and complaint investigations
within seven days from the date of inspection. (b) Updates to inspections within seven days of the
update. (c) Review of compliance materials within twenty business
days of submission. (2) The JFS 01642
"In-Home Aide Assurances" is to be maintained in OCLQS. The county
agency, after removal of confidential information, is to provide a copy of the
JFS 01642 to anyone who submits a request to the county agency. (3) The county agency is
to maintain an electronic or paper case file on all certified in-home aides.
The following certification documents are to be included in each in-home
aide's file using the following retention schedule for open
certifications: (a) The application for certification and all supporting
documentation (for the life of the certification), unless the information is in
OCLQS. (b) Inspection reports not documented in OCLQS (for five
years from the date of the report). (c) All correspondence with the IHA or regarding the
certification (for five years from the date of correspondence). (d) Compliance materials not documented in OCLQS (for five
years from the date of the materials). (e) Copies of all written notices to the IHA (for five
years from the date of the notices). (f) Valid copies of the JFS 01176 "Program
Notification of Background Check Review for Child Care" for the IHA,
(replace after expiration for the life of the certification), if not in the
Ohio professional registry (OPR). (4) If a certification is
ended or revoked, the county agency is to maintain the IHA file and all
contents for two years after the date the certification is ended or
revoked. (H) What information can a county agency publicly share
regarding an IHA? (1) Except as provided in
paragraphs (H)(2) and (H)(3) of this rule, the county agency is not to
disseminate confidential information which includes, but is not limited to, the
following: (a) Child abuse and neglect investigative records, pursuant
to section 2151.421 of the Revised Code and rule 5101:2-33-21 of the
Administrative Code. (b) The identity of an information source or witness to
whom confidentiality has been reasonably promised. (c) Any information, when such information would reasonably
tend to disclose the identity of one to whom such confidentiality has been
reasonably promised. (d) IHA medical records pertaining to the medical history,
diagnosis, prognosis, or medical condition of the provider, which are generated
and maintained in the process of medical treatment, except as authorized by
section 1347.08 of the Revised Code, if requested by the subject of the
report. (2) The county agency is
responsible for sharing all IHA, client, and fiscal information with ODJFS
during the course of a monitoring review of its certification program or when
ODJFS is investigating a complaint involving the county agency. (3) As needed, the county
agency is to share information with the PCSA or a law enforcement agency
concerning an investigation of alleged child abuse or neglect. (4) When information is
disseminated, the following is to be documented in the IHA's
record: (a) Date information was disseminated. (b) Agency, organizations, or individual to whom
information was disseminated. (c) Reason for dissemination. (d) Specific information disseminated. (I) May the county have additional requirements that exceed
the in-home aide certification standards in Chapter 5101:2-14 of the
Administrative Code? The county agency is not to have additional
requirements for certifying IHAs.
Last updated November 13, 2023 at 8:23 AM
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