Ohio § 5104.12

§ 5104.12.

(A)(1) A county director of job and family services may certify in-home aides to provide

publicly funded child care pursuant to this chapter and any rules adopted under it.  Any in-home aide who receives a certificate pursuant to this section to provide

publicly funded child care is an independent contractor and is not an employee of

the county department of job and family services that issues the certificate. (2) Every person desiring to receive certification as an in-home aide shall apply for

certification to a county director of job and family services on such forms as the

director of children and youth prescribes.  A county director shall provide at no charge to each applicant a copy of rules for

certifying in-home aides adopted pursuant to this chapter. (B) To be eligible for certification as an in-home aide, a person shall not be either

of the following: (1) The owner of a center or home whose license was revoked pursuant to section 5104.04 of the Revised Code within the previous five years; (2) An in-home aide whose certificate was revoked under division (C)(2) of this section

within the previous five years. (C)(1) If the county director of job and family services determines that the applicant complies

with this chapter and any rules adopted under it, the county director shall certify

the person as an in-home aide and issue the person a certificate to provide publicly

funded child care.  The county director shall furnish a copy of the certificate to the parent, custodian,

or guardian.  The certificate shall state the name and address of the in-home aide and the name

and telephone number of the county director who issued the certificate. (2) The county director may revoke the certificate in either of the following circumstances: (a) The county director determines, pursuant to rules adopted under Chapter 119. of the

Revised Code, that revocation is necessary; (b) The in-home aide does not comply with division (C)(2) of section 5104.32 of the Revised Code . (D)(1) The county director of job and family services shall inspect every home of a child

who is receiving publicly funded child care in the child's own home while the in-home

aide is providing the services.  Inspections may be unannounced.  Upon receipt of a complaint, the county director shall investigate the in-home aide,

shall investigate the home of a child who is receiving publicly funded child care

in the child's own home, and division (D)(2) of this section applies regarding the

complaint.  The caretaker parent shall permit the county director to inspect any part of the

child's home.  The county director shall prepare a written inspection report and furnish one copy

each to the in-home aide and the caretaker parent within a reasonable time after the

inspection. (2) Upon receipt of a complaint as described in division (D)(1) of this section, in addition

to the investigations that are required under that division, both of the following

apply: (a) If the complaint alleges that a child suffered physical harm while receiving publicly

funded child care in the child's own home from an in-home aide or that the noncompliance

with law or act alleged in the complaint involved, resulted in, or poses a substantial

risk of physical harm to a child receiving publicly funded child care in the child's

own home from an in-home aide, the county director shall inspect the home of the child. (b) If division (D)(2)(a) of this section does not apply regarding the complaint, the

county director may inspect the home of the child. (3) Division (D)(2) of this section does not limit, restrict, or negate any duty of the

county director to inspect a home of a child who is receiving publicly funded child

care from an in-home aide that otherwise is imposed under this section, or any authority

of the county director to inspect such a home that otherwise is granted under this

section when the county director believes the inspection is necessary and it is permitted

under the grant.