5101:2-13-25 Employee and child care staff member requirements for licensed type A homes.

(A) Every administrator, employee and child care staff member of a type A home shall be mentally and physically able to carry out their duties. No type A home shall employ as a child care staff member a person whose physical or mental disability would prevent such person from recognizing and acting upon any hazards to a child's safety and well being.

(1) Each administrator, employee, and child care staff member shall receive a medical examination from a licensed physician, physician's assistant, advanced practice nurse or a certified nurse practitioner within twelve months prior to the first day of employment.

(2) A completed form, verifying the exam, shall be on file the first day of employment for review by the director's representative.

(3) The medical statement form shall include:

(a) The date of the examination; and

(b) The signature, business address, and telephone number of the licensed physician, physician's assistant or certified nurse practitioner who completed the examination.

(4) The medical form shall be signed by the physician, physician's assistant or certified nurse practitioner verifying that the employee is:

(a) Physically fit for employment in a home caring for children; and

(b) Immunized against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease shall not be substituted for rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies shall be accepted in lieu of rubella vaccine.

(c) Immunized against tetanus and diphtheria. At the time the next booster is due, the employee shall also be immunized against pertussis (Tdap). All employees must have verification of being immunized against pertussis by January 1, 2017.

(5) An employee may be exempt from the immunization requirement for religious reasons upon filing a written request with the center, and for medical reasons upon filing a written request signed by a licensed physician.

(6) An additional report or examination by a licensed physician or mental health professional may be required when there is concern about an employee's ability to perform required duties.

(B) Except as otherwise provided in this rule, a child care staff member shall be at least eighteen years of age and have completed a high school education.

(1) There shall be on file at the type A home on the first day of employment evidence to verify each child care staff member's high school education. Verification of high school shall be one of the following:

(a) A copy of a high school diploma recognized by the state board of education or the appropriate agency of another state as equivalent to a high school education.

(b) A copy of other written documentation approved by the department verifying high school completion or equivalency, such as the Ohio general educational development high school equivalence diploma (GED).

(c) A copy of a transcript from an accredited college, university or technical college indicating that the student has completed the high school education requirement and has been accepted to or is in the process of taking college coursework.

(d) A copy of the degree or transcript from an accredited college, university or technical college verifying completion of an associates degree or higher.

(2) A graduate of a two year vocational child care training program approved by the state board of education may be less than eighteen years of age and be a child care staff member. There shall be on file at the type A home evidence to verify the child care staff member's graduation from an approved program. Evidence shall be:

(a) A copy of a diploma or a transcript verifying graduation from an approved vocational child care training program; or

(b) A copy of other written evidence approved by the director.

(C) A child care staff member may include a student that is less than eighteen years of age if the student is enrolled in the second year of a vocational child care training program approved by the state board of education which leads to high school graduation. The following requirements shall be met:

(1) The student shall perform duties under the supervision of an experienced child care staff member. A child care staff member shall be on the premises at all times a student is responsible for the care and supervision of children.

(2) The student shall receive periodic supervision from the teacher coordinator of the vocational child care training program.

(3) There shall be on file at the type A home a signed statement from the teacher coordinator of the vocational child care training program that verifies that the student is in the second year of a vocational child care training program and that the student is receiving periodic supervision

(D) The type A home shall maintain documentation for each current employee, and for at least three years after each employee's departure. Information shall include days and hours worked, and duties.

(E) A parent or guardian of a child enrolled in the type A home shall be exempt from the requirements in this rule unless the parent or guardian is acting as an employee or child care staff member. Parents who do not meet the requirements of this rule may not be counted in staff/child ratio or be left alone with children, except as a driver for a field trip as specified in paragraph (A) of rule 5101:2-13-18 of the Administrative Code.

(F) At the time of employment the administrator shall review all type A home policies, procedures, and licensing rules with each employee. A copy of the licensing rules shall be kept on the type A home's premises and be accessible to employees. All employees shall sign a statement, to be kept on file at the home, verifying the review of the licensing rules and review and receipt of the following:

(1) The type A home's parent/staff policies and procedures,

(2) The type A home's medical and dental emergency plan.

Effective: 09/29/2011
R.C. 119.032 review dates: 07/14/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.01 , 5104.011
Rule Amplifies: 5104.011
Prior Effective Dates: 9/5/86, 7/1/03, 1/1/07