5101:2-12-04.1 Procedures for child care centers operating under a provisional license.

(A) During the provisional period:

(1) Full time centers shall comply with at least three inspections.

(a) All inspections shall be full inspections.

(b) All inspections shall be unannounced.

(2) The following types of centers shall comply with at least two unannounced inspections. Both of the inspections shall be full inspections.

(a) Centers designated as part time.

(b) Centers which operate for only three months during the summer.

(c) Centers which operate for more than four hours per day for no more than three weeks during the year.

(d) Centers which serve only school age children and operate only the hours before and after the regular school day.

(B) If by the expiration date of the provisional license the center is in compliance with all the following requirements, the provisional license shall be amended to a regular license. The center shall:

(1) Be in compliance with Chapter 5101:2-12 of the Administrative Code.

(2) Have children enrolled and attending the center.

(3) Have a qualified administrator named and responsible for the day to day operation of the program.

(C) The Ohio department of job and family services (ODJFS) may propose revocation of a provisional license at any time during the provisional period for any of the following reasons:

(1) The center has failed to comply with the requirements of Chapter 5104. of the Revised Code and or Chapter 5101:2-12 of the Administrative Code and has accumulated a total of more than twelve points in accordance with appendix A to this rule during the provisional period.

(2) The center has furnished or made misleading or false statements or reports to ODJFS.

(3) The center has refused to allow ODJFS staff access onto its premises or to any areas used for child care.

(D) If the center is not in compliance with all requirements of this rule by the expiration date of the provisional license, the license shall not be amended to a regular license. The ODJFS may either recommend revocation of the provisional license according to the provisions of Chapter 5104. of the Revised Code and rules in Chapter 5101:2-12 of the Administrative Code or allow the center a maximum of thirty additional days to demonstrate compliance with the requirements.

(E) Centers which obtain a provisional license prior to the effective date of this rule shall:

(1) Have a six month provisional period.

(2) Receive at least one provisional inspection to assess the compliance with all requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(3) Be amended to a regular license if ODJFS finds the center is in compliance with all requirements by the expiration date of the provisional license.

(4) Not be amended to a regular license and may be recommended for revocation according to the provisions of Chapter 5104. of the Revised Code if ODJFS finds the center is not in compliance by the expiration date of the provisional license.

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Effective: 09/29/2011
R.C. 119.032 review dates: 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.011 , 5104.03 , 5104.04
Rule Amplifies: 5104.011 , 5104.03