5101:2-12-03 Compliance inspection and complaint investigation of a licensed child care center.

(A) How many inspections are required for child care centers?

(1) At least one inspection prior to the initial issuance of a provisional license.

(2) At least two inspections during the provisional period.

(3) At least one inspection each state fiscal year after the issuance of the continuous license.

(B) Will inspections be announced or unannounced? At least one inspection shall be unannounced and all inspections may be unannounced.

(C) What is required of a licensed center for an inspection? The licensed child care center shall allow the Ohio department of job and family services (ODJFS) to:

(1) Complete an inspection of all areas where child care is provided, children have access to and all areas used to verify compliance with Chapter 5101:2-12 of the Administrative Code and Chapter 5104. of the Revised Code.

(2) Review required records and documentation.

(3) Interview or take statements from any of the following as part of any inspection or complaint investigation:

(a) Building inspectors, fire department inspectors, sanitarians, public health or other state or local officials.

(b) Neighbors.

(c) Parents and relatives of children in care.

(d) Staff of the public children services agency (PCSA).

(e) Anyone mentioned by the complainant.

(f) Law enforcement personnel.

(g) Current and past center employees.

(h) Other witnesses.

(4) Document findings in writing or in photographs or by any other means.

(D) What are additional requirements for a licensed center as a result of an inspection? The center shall:

(1) Provide written materials to ODJFS addressing noncompliances detailed in the inspection report within the time frame requested in the inspection report.

(2) Permit ODJFS to investigate all complaints involving the center.

(3) Not misrepresent, falsify or withhold information from ODJFS.

(E) Will a licensed center have additional inspections based on noncompliances found? Noncompliances, as detailed in

appendix A

to this rule, may lead to additional inspections or compliance materials required by ODJFS.

(F) What if the center does not agree with the licensing findings? The center shall:

(1) Complete and submit a JFS 01155 "Request for Review for Licensing and Step Up To Quality" (12/2016) with any applicable documentation.

(2) The request and documentation shall be submitted within seven business days from the receipt of the inspection report.

(G) Are licensing inspection records available to the public? A copy of the center's licensing record shall be provided to any person who submits a written records request to the ODJFS in accordance with applicable state and federal laws.

Replaces: 5101:2-12-07, 5101:2-12-08

Effective: 12/31/2016
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.015
Rule Amplifies: 5104.04, 5104.15
Prior Effective Dates: 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/05, 9/1/07, 5/1/08, 9/29/11