5101:2-13-04 Application and issuance of a provisional license for type A homes.

(A) A person desiring to operate a type A home shall complete all of the following for a provisional license:

(1) Participate in all trainings relating to opening a child care program as determined by the Ohio department of job and family services (ODJFS).

(2) Participate in an application interview with ODJFS.

(3) Submit a completed JFS 01335 "Type A Home Plan of Operation" (rev. 9/2011). The JFS 01335 shall serve as the applicant's written plan of intended compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.

(4) Complete and submit the JFS 01210 "Application for Child Care License or Amendment" (rev. 9/2011) with the fee of two hundred fifty dollars to ODJFS.

(a) The application fee submitted with an application is nonrefundable and shall not be credited or transferred to any other application. An application fee submitted without a JFS 01210 shall be forfeited.

(b) The application is considered filed with ODJFS as of the date it is postmarked or received electronically. If the fee is not submitted with the application or if the fee is submitted by check and returned for nonpayment or it is written for the wrong amount, the application is not a valid application and will not be filed.

(i) The application will be deleted from the system after one year if the fee payment is not received.

(ii) The application will be considered filed with ODJFS as of the date the application with valid fee payment is received.

(c) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being licensed.

(5) Complete criminal records checks for owners, prospective administrators and all residents of the home who are eighteen years of age and older.

(6) Allow ODJFS to inspect the home to determine compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative Code.

(B) A home that is certified as a foster home or a specialized foster home pursuant to Chapter 5103. of the Revised Code shall not be licensed as a type A home.

(C) A home that is certified as a type B home pursuant to Chapter 5104. of the Revised Code shall not be licensed as a type A home.

(D) ODJFS shall not license a type A home if the applicant has previously been certified as a type B child care home and the county department of job and family services (CDJFS) revoked the certification due to the applicant not complying or refusing to comply with criteria for certification resulting in a risk to the health or safety of children.

(E) An initial application is valid for one calendar year from the date it is filed with the ODJFS. If an application is determined to be invalid, a new initial application and fee shall be submitted. If during the application process, ODJFS determines that the license of the owner has been revoked within five calendar years preceding the date of the application, the application process shall cease. This action shall not constitute denial of the application.

(F) A type A home shall submit an initial application and fee in the following circumstances:

(1) Change in ownership, defined as a sale of the child care program in its entirety or a transfer of control and administration by the owner(s) of a child care program to a new controlling entity.

(2) Following legal action resulting in denial or revocation of a type A home's previous application or license.

(G) If ODJFS determines that a type A home is not in compliance with the requirements of Chapter 5104. of the Revised Code and/or Chapter 5101:2-13 of the Administrative Code, ODJFS shall send a written inspection report indicating the noncompliance findings. The administrator shall correct all violations and submit to ODJFS the requested verification of these corrections.

(H) After ODJFS has completed all necessary inspections for an initial license and has determined that the type A home has complied with all requirements, a provisional license shall be approved and issued. The provisional license is valid for twelve calendar months from the date of approval. During the twelve month provisional license period the type A home shall comply with the requirements of Chapter 5101:2-13 of the Administrative 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
Rule Amplifies: 5104.022 , 5104.03
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/07, 8/14/08, 12/1/09, 1/9/2011