5101:2-12-07 Inspection of licensed child care centers in a regular license and the investigation of unlicensed child care centers.

(A) The Ohio department of job and family services (ODJFS) shall investigate and inspect each center and shall provide a written inspection report to the licensee and/or administrator after each inspection.

(B) Centers shall be inspected at least once during every twelve month period and ODJFS may conduct additional inspections as needed. All inspections shall be unannounced .

(C) Every person, firm, partnership, organization, institution, or agency shall cooperate with ODJFS or any state or local official when performing inspection duties required by Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code. The center shall:

(1) Provide access to all areas of the premises at any time during operation for either announced or unannounced inspections.

(2) Provide access to pertinent records upon request, or furnish records to the department within ten business days if records are not required to be on file at the center.

(3) Provide any other information or documentation the department determines is necessary to assess the center's compliance with the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(4) Provide any materials to correct noncompliances detailed in the written inspection report and as requested by ODJFS, within the timeframe noted in the inspection report.

(D) Failure of any person, firm, partnership, organization, institution, or agency to cooperate with the department or any state or local official when performing duties required by Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code shall be grounds for denial or revocation of a license, pursuant to administrative hearing rights afforded by Chapter 119. of the Revised Code.

(E) ODJFS shall investigate and may inspect any center upon receipt of any allegations that the center is out of compliance with the requirements of Chapter 5104. of the Revised Code and/or Chapter 5101:2-12 of the Administrative Code.

(F) The center owner, administrator, or designee may use the following process to request a review of the investigation and/or inspection findings.

(1) If the administrator or designee of a licensed child care center disagrees with any of the findings and an informal discussion with the licensing specialist does not provide a resolution of the issues, the administrator or designee may submit a written request for a review of findings. This request must be submitted within seven business days from receipt of the findings to the appropriate licensing supervisor. The licensing supervisor shall review the findings and may meet with the administrator or designee. The licensing supervisor shall prepare a written decision of the review.

(2) If the administrator or designee of a licensed child care center disagrees with the decision of the licensing supervisor, the administrator or designee may submit a written request for a review of findings to the chief of the licensing section, within seven business days of receipt of the decision of the licensing supervisor. The chief of the licensing section shall review the findings, the materials and the decision of the licensing supervisor, and may meet with any or all parties. The chief of the licensing section shall prepare a written decision of the review. The decision of the chief of the licensing section shall be final and does not entitle the agency to any hearing rights under Chapter 119. of the Revised Code, unless the department initiates action to deny or revoke the license.

(G) ODJFS may hold hearings, issue subpoenas, compel testimony, and make adjudications as required by Chapter 119. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(H) Upon receiving a complaint or otherwise being advised that the center is providing child care without a license, the department shall investigate and inspect all areas of the center.

(I) Upon determining that a center is operating without a license, the department shall notify the attorney general, the prosecuting attorney of the county in which the center is located, or the city attorney, village solicitor, or other chief legal officer of the municipal corporation in which the center is located, that the center is operating without a license. Upon receipt of this notification, the attorney general, prosecuting attorney, city attorney, village solicitor, or other chief legal officer of a municipal corporation shall file a complaint in the court of common pleas of the county in which the center is located, requesting that the court grant an order enjoining the owner from operating such center in violation of section 5104.02 of the Revised Code.

(J) The department may petition for injunctive relief against a center in the following instances:

(1) When a center is operating and has not applied for a license.

(2) When a center has applied for a license, but is operating without a license issued by the department.

(3) When a center is operating after an adjudication order revoking a license that is final according to Chapter 119. of the Revised Code.

Effective: 09/29/2011
R.C. 119.032 review dates: 07/14/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.011 , 5104.04
Rule Amplifies: 5104.011 , 5104.04
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