5101:2-13-07 Provider responsibilities, requirements and qualifications for a licensed family child care provider.

(A) What are the requirements to be a licensed family child care provider?

The family child care provider shall:

(1) Be at least eighteen years old, and for those type B certified or licensed after April 1, 2003, have completed a high school education. Verification of high school education is detailed in appendix A to this rule.

(2) Meet the training or education requirements detailed in appendix B to this rule.

(3) Reside in the home where the care is being provided.

(4) Not have had any child removed from his or her home due to abuse or neglect caused by the provider pursuant to section 2151.353 of the Revised Code.

(5) Not have a prohibited offense as required by rule 5101:2-13-09 of the Administrative Code.

(6) Complete the JFS 01302 "Request for Child Abuse and Neglect Report Information for Child Care" (rev. 12/2016) and update it annually (for the provider and all adults (eighteen and older) residing in the home of the type B home provider).

(7) Provide a safe, healthy environment when child care services are being provided. The provider or anyone in the family child care home including any child care staff members shall not:

(a) Demonstrate physical or mental conditions potentially harmful to children.

(b) Be under the influence of alcohol or other drugs while child care is being provided.

(8) Not be involved in any activities which interfere with the care of the children. This includes not being involved in other employment during the operating hours of the family child care home.

(9) Complete only one of the following:

(a) Obtain and maintain liability insurance that insures the family child care provider against liability arising out of, or in connection with, the operation of the family child care home.

(i) The liability insurance shall cover any cause for which the family child care home would be liable, in the amount of at least one hundred thousand dollars per occurrence and three hundred thousand dollars in the aggregate.

(ii) Proof of insurance shall be maintained at the home.

(iii) If the family child care provider is not the owner of the home where the family child care home is located and the provider obtains liability insurance described in this rule, the provider shall name the owner of the property as an additional insured party on the liability insurance policy if all of the following apply:

(a) The owner requests the provider in writing to add the owner to the liability insurance policy as an additional insured party.

(b) The addition of the owner does not result in cancellation or nonrenewal of the insurance policy.

(c) The owner pays any additional premium assessed for coverage of the owner.

(b) Complete the JFS 01933 "Liability Insurance Statement for Family Child Care Providers" (rev. 12/2016) if the family child care provider is not obtaining liability insurance and shall provide the JFS 01933 to the parent of each child receiving care in the home. The JFS 01933 shall be signed and dated by the parent and on file by the child's first day of attendance.

(i) If the family child care provider is not the owner of the home where the family child care home is in operation, the statement shall also include that the owner of the home may not provide coverage of any liability arising out of, or in connection with, the operation of the family child care home.

(ii) The JFS 01933 shall be kept on file at the home.

(B) What are the on-going requirements to be a licensed family child care provider?

The family child care provider shall:

(1) Be onsite a minimum of seventy-five per cent of the operating hours per week. The provider may request a short-term exemption from this requirement from the county agency.

(2) Post scheduled hours of availability in a noticeable place for parents.

(3) Make available the current licensing rules to all staff and parents. The rules may be made available via paper copy or electronically.

(4) Upon request, provide a parent with any information necessary for the parent to compile child care related expenses for income tax preparation, including tax identification numbers.

(5) Be responsible for the creation, maintenance and implementation of the policies and procedures detailed in appendix C to this rule. A copy of these policies and procedures shall be available on-site at the home.

(6) Provide the parent and all employees with the policies and practices in appendix C to this rule.

(7) Provide a copy of appendix D to this rule to the parents of children enrolled in the home.

(8) Notify the county agency no later than the next business day of any change in the household composition including someone joining the household or leaving the household.

(9) Notify the county agency no later than the next business day of anyone temporarily staying in the home for more than five consecutive calendar days.

(10) Complete annually the JFS 01302 as required in paragraph (A)(6) of this rule.

(11) Be responsible for all information provided to the county agency or the ODJFS including information provided by a substitute, child care staff member or resident of the home.

(12) Have available on-site a written list of all employees including their dates of hire, positions and scheduled hours.

(C) What if the type B home provider is a foster parent?

The type B home provider shall:

(1) Notify the county agency and all parents.

(2) Notify the county agency of all children receiving care within one business day of when the type B home provider is to begin caring for additional foster children.

(3) Maintain a written record documenting the date and how the county agency and parents were notified about foster children in care.

Replaces: 5101:2-13-24, 5101:2-14-06

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Effective: 12/31/2016
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.017, 5104.018, 5104.041
Rule Amplifies: 5107.017, 5104.041 , 5104.018, 5104.03, 5104.22
Prior Effective Dates: 4/1/82, 5/20/83, 10/1/83, 9/1/86, 9/5/86, 2/15/88, 5/1/89, 7/1/95, 3/15/96, 10/15/96, 10/1/97 (Emer.), 12/30/97, 1/1/01, 4/1/03, 7/1/03, 1/1/07, 9/1/07, 9/29/11, 8/14/08, 8/3/13, 1/1/14