Guardian Service Agreement

1. Purpose of Agreement

The purpose of this Agreement is to establish the terms under which the Provider will deliver non‑medical respite services to the Guardian’s child, as selected by the Guardian through the Respite4Kids portal.

2. Guardian Selection & Acknowledgment

The Guardian acknowledges and agrees that:

• The Guardian independently reviewed provider profiles and selected the Provider based on the Guardian’s own assessment of fit, experience, and the child’s individual needs.
• ORA facilitates access to trained respite providers but does not make placement decisions on behalf of the Guardian.
• The Guardian retains responsibility for determining whether respite services are appropriate for the child.

3. Scope of Respite Services

The Guardian and Provider acknowledge that:

• Respite services are non‑medical and non‑clinical in nature.
• Services are limited to temporary supervision, support, and assistance.
• Services do not include medical care, therapy, counseling, diagnosis, or clinical behavioral treatment.
• The Provider will deliver services in accordance with ORA policies, training standards, and applicable Ohio laws and administrative rules.

4. Guardian Responsibilities

The Guardian agrees to:

• Provide accurate, complete, and current information regarding the child’s medical conditions, medications, allergies, behavioral needs, safety concerns, and emergency contacts.
• Communicate any changes that may impact the child’s safety or care.
• Provide a safe environment for respite services, to the extent reasonably possible.

5. Employment Relationship Acknowledgment

The Guardian acknowledges that:

• The Provider is an employee of The Ohio Respite Alliance, not an independent contractor.
• ORA is responsible for provider employment, training, payroll, and compliance.
• Nothing in this Agreement alters the employment relationship between ORA and the Provider.

6. Service Documentation, Guardian Approval & Payment

Service Completion & Guardian Approval

• The Provider shall document completed respite services through the Respite4Kids portal.
• The Guardian agrees to review and either approve or dispute completed services within two (2) calendar days after the close of each pay period.
• Guardian approval confirms that services were delivered as documented.

Impact of Delayed Approval

• The Guardian acknowledges that failure to timely approve or dispute submitted services may result in a delay in respite payments to the Provider.
• The Guardian understands that ORA processes payroll on a bi‑weekly basis, and timely service approval is necessary to support accurate and prompt payment..

Payment Structure

• Respite providers are paid bi‑weekly by ORA.
• Providers are compensated on a per‑diem basis for each completed service, in accordance with ORA policies and program guidelines.
• ORA is not responsible for payment delays caused by the Guardian’s failure to timely review, approve, or dispute submitted services.

7. Assumption of Risk & Allocation of Responsibility

The Guardian acknowledges that participation in respite services involves inherent risks associated with in‑home or community‑based care.

To the extent permitted by Ohio law, the Guardian agrees that:

• The Guardian assumes responsibility for risks not caused by the negligence or willful misconduct of the Provider or ORA.
• Nothing in this Agreement waives rights related to gross negligence, willful misconduct, or obligations that cannot be waived under applicable law.

8. Incident Reporting Requirement

The Guardian and Provider agree to the following mandatory incident reporting terms:

• Any injury, safety concern, behavioral escalation, or unusual occurrence involving the child or Provider must be reported to ORA as soon as practicable.
• Incidents must be reported no later than twenty‑four (24) hours after occurrence, unless circumstances prevent earlier reporting.
• Incident reports are for documentation, safety review, and compliance purposes and do not constitute an admission of fault by any party.

9. Cooperation with Review

The Guardian and Provider agree to cooperate with ORA in the review and documentation of any reported incident, including providing additional information if reasonably requested.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio.

11. Electronic Acceptance

By selecting “I Agree” in the Respite4Kids portal, the Guardian acknowledge that they have read, understand, and agree to the terms of this Agreement. Electronic acceptance constitutes a legally binding signature.