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Ohio Laws and Rules
(A) “Absent day” means any day that a child is authorized to be in the care of the provider, but is not in attendance, and child care would have been provided had the child been present with the provider.
(B) “Activity fee” means a fee charged by the child care provider in addition to normal weekly rates for the purpose of providing special or non routine activities for the children enrolled. Activity fees are considered a business cost of the provider associated with the child care operation.
(C) “Adult” means an individual who is not a minor child.
(D) “Border state child care provider” means a child care provider who is licensed, certified, or otherwise approved by the border state to provide child care services. A border state child care provider may provide publicly funded child care only to a recipient who resides in an Ohio county that borders the state in which the provider is located.
(E) “Caretaker” means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis, as defined in this rule, with respect to a child and whose presence in the home is needed as the caretaker of the child. Caretaker has the same meaning as “caretaker parent” as defined in section 5104.01 of the Revised Code.
(F) “Certificate of Authorization for Payment of Publicly Funded Child Care Services (COAP)” or “certificate” means the JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services (rev. 1/2007) that is issued by a county department of job and family services (CDJFS) directly to a caretaker who is eligible for child care benefits. The caretaker shall use the certificate only as authorization to a certified or licensed provider for child care services.
(G) “Child” means an infant, toddler, preschool child, school child or a child eligible for publicly funded child care.
(H) “Child care” means administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons other than their caretaker for any part of the twenty-four hour day.
(I) “Deposit” means a fee charged by the child care provider prior to the delivery of child care services and which is necessary to reserve a child’s place with the provider. This fee may be an amount equivalent to a partial payment of the provider’s charge for one month of child care services or one month’s reimbursement at the publicly funded rate, whichever is lower. Deposits shall be applied toward the provider’s total reimbursement for child care services for a family.
(J) “Eligible provider” means a child care service provider who is eligible to receive public funds in accordance with sections 5104.30 to 5104.39 of the Revised Code and which includes all of the following:
(1) A licensed child care center.
(2) A licensed type A child care home.
(3) A certified type B child care home.
(4) A certified in-home aide.
(5) A licensed school child care center.
(6) A licensed preschool program.
(7) A school child program.
(8) A child day camp approved by the Ohio department of job and family services (ODJFS).
(9) A child day camp accredited by the American camping association.
(K) “Family” means one or more caretakers, and all of their minor children who reside in the same household. Adults other than the caretakers who reside in the same household shall not be included in the family.
(L) “Federal poverty level” means the official poverty guideline as revised annually in accordance with section 673 (2) of the “Omnibus Budget Reconciliation Act of 1981,” 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family size equal to the size of the family of the person whose income is being determined.
(M) “Full-time week” means twenty-five hours to sixty hours of care in a week for licensed child care centers and licensed type A homes, and twenty-five hours to fifty hours of care in a week for certified type B providers.
(N) “Head Start/child care partnership program” means a program that integrates child care and federally-funded head start services at a single location to provide full day, full year services. These services shall meet the child care needs of head start enrolled families who also receive publicly funded child care. Services shall include but are not limited to, components which meet the head start performance standards and are integrated into programming throughout the day. The partnership program may be located in a child care center, a family child care home, or a head start center.
(O) “Head Start program” means a comprehensive child development program that receives federal funds distributed under the “Head Start Act” 95 Stat. 499 (1981), as amended, or under section 3301.31 of the Revised Code.
(P) “Income” means gross income, as defined in rule 5101:2-16-34 of the Administrative Code.
(Q) “Infant” means a child under eighteen months of age.
(R) “In loco parentis” means any adult who is the caretaker of a child, including a relative, foster parent or stepparent, who is charged with the rights, duties and responsibilities of a parent and whose presence in the home is needed to perform these rights, duties and responsibilities.
(S) “Reimbursement rate ” means the maximum reimbursement amount that the CDJFS may pay a provider for the purchase of child care services.
(T) “Minor child” means an individual who is under age eighteen.
(U) “Part-time week” means seven to twenty-four and nine-tenths hours of care in a week.
(V) “Preschool child” means a child who is three years old or older but is not a school child.
(W) “Publicly funded child care” is the care of infants, toddlers, preschool children, and school children under age thirteen by an eligible provider. Publicly funded child care is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-A, and Title XX, distributed by ODJFS.
(X) “Registration fee” means a fee charged by the child care provider at the time of registration that is an amount in addition to the normal weekly rate. This must be a fee that is a customary charge to the public. The CDJFS shall pay this fee no more once in a twelve-month period per child, per provider.
(Y) “School child” means a child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but who is less than fifteen years old.
(Z) “Special needs” means providing child care services to a child who is under eighteen years old who does not function according to age appropriate expectations in one or more of the following areas of development: social/emotional, cognitive, communication, perceptual-motor, physical, or behavioral development, or the child has chronic health issues. The child’s delays/conditions(s) affect development to the extent that the child requires special adaptations, modified facilities, program adjustments or related services on a regular basis in order to function in an adaptive manner.
(AA) “State median income” means the state median income calculated by the Ohio department of development pursuant to section 5709.61 of the Revised Code.
(BB) “Toddler” means a child who is at least eighteen months of age but is less than three years of age.
(CC) A “week” is the seven-day period from twelve a.m. Sunday to eleven fifty-nine p.m. Saturday.
Effective: 02/01/2007
R.C. 119.032 review dates: 10/06/2006 and 02/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.30, 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.30, 5104.34, 5104.38
Prior Effective Dates: 2/11/82, 9/1/86, 5/1/89 (Emer.), 9/28/89, 4/1/90 (Emer.), 6/22/90, 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/29/91, 11/1/91 (Emer.), 1/20/92, 3/2/92 (Emer.), 7/30/92, 1/1/94, 10/1/97 (Emer.), 12/30/97, 2/22/02, 6/9/03, 7/1/05 (Emer.), 10/1/05