LAW
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Ohio Laws and Rules
(A) The purchase of publicly funded child care shall be made under a contract entered into between the county department of job and family services (CDJFS) and an eligible child care provider.
(1) An eligible child care provider may include a border state child care provider who is licensed, certified, or otherwise approved by the border state to provide child care services.
(2) 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.
(3) Except for border state child care providers, the CDJFS is prohibited from contracting with child care providers outside the state of Ohio.
(B) The CDJFS may enter into contracts with eligible child care providers who are located in Ohio counties. Reimbursement is subject to the provider’s customary charge, the reimbursement ceiling, or a negotiated rate, whichever is lower for the county in which publicly funded child care is provided.
(C) The JFS 01224 “Contract for Purchase of Publicly Funded Child Care Services” (rev. 1/2008) shall be used for all contracts with child care providers, except when the CDJFS issues a JFS 01140 “Certificate of Authorization for Payment of Publicly Funded Child Care Services (COAP)” (rev. 1/2007) to the caretaker.
(D) The CDJFS may make amendments to the contract, however, the contract shall not be amended after the termination of the contract. An amendment to the contract shall be signed by the CDJFS and the provider on or before the effective date of the amendment. No amendment shall contain information that contradicts the language, terms or conditions of the JFS 01224.
(E) The CDJFS and the provider shall sign and date the JFS 01224 prior to the provision of child care services by the provider.
(F) The CDJFS may add attachments to the JFS 01224 to include supplemental information not addressed in the JFS 01224.
(G) In accordance with rule 5101:2-16-41 of the Administrative Code, reimbursement to the provider shall be the lowest of the following: the provider’s customary charge to the public, a rate negotiated between the provider and the CDJFS or a rate that is listed in the appendix to rule 5101:2-16-41 of the Administrative Code.
(H) If a contracted provider provides child care for a caretaker who is potentially eligible for child care benefits and the caretaker is subsequently determined eligible, the CDJFS shall pay the provider for services provided between the date the CDJFS received a completed JFS 01138 “Application for Child Care Benefits” (rev. 1/2008) from the caretaker and the date the caretaker is determined eligible for child care benefits.
(I) All contracts for publicly funded child care services shall be contingent upon the availability of state and federal funds.
(J) The CDJFS may amend the contract at the direction of the Ohio department of job and family services (ODJFS). A contract shall not be amended after the termination date of the contract. An amendment shall be signed by the CDJFS and the provider before the amendment is effective.
(K) If a center or type A family child care home has not filed for licensure renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code, the CDJFS shall terminate the JFS 01224 on the same date the license expires.
(L) The CDJFS shall continue contracting with a licensed child care center, licensed type A family child care home or licensed school child care center when an application has been filed for licensure renewal within the timeframe and manner prescribed under section 5104.03 of the Revised Code but the Ohio department of job and family services (ODJFS) or Ohio department of education (ODE) has not yet acted on the application for licensure renewal. The child care center, type A family child care home, or school child care center, pursuant to section 119.06 of the Revised Code, is still able to operate as a licensed business pending licensure renewal by ODJFS or ODE. The CDJFS shall verify licensure status by contacting the ODJFS field office licensing staff or ODE.
(M) Upon receipt of notification that the child care center, type A family child care home, school child care center or approved child day camp has changed ownership or has moved to a new location the CDJFS shall terminate its contract, according to the procedures contained in the JFS 01224. The CDJFS may contract with the new owner or the current owner upon notification of the issuance of a license to the new owner or to the current owner at the new location.
(N) When ODJFS or ODE notifies the CDJFS that the department proposes to deny the application for renewal or to revoke the license, the CDJFS may terminate its contract with the child care center, type A family child care home, or school child care center pursuant to the procedures contained in the JFS 01224.
(O) Providers of publicly funded child care who contract with the CDJFS shall not be considered employees of the CDJFS but shall be considered independent contractors who are responsible for the requirements of self-employment. These requirements include but are not limited to: the payment of any local, state or federal tax obligations on earned income, reporting of earned income to the internal revenue service, payment of social security taxes and maintenance of any liability insurance that the provider deems necessary.
(P) The CDJFS is required to maintain all contracts and records on file for three years after the CDJFS makes final payments and all pending matters are closed. The CDJFS shall provide to any federal or state agency, the comptroller general of the United States or any of their duly authorized representatives access to any books, documents, papers and records which are directly pertinent to any audits, examinations, excerpts and transcriptions regarding publicly funded child care contracts.
(Q) Funds for the administration of the publicly funded child care program may be used by the CDJFS as follows:
(1) To contract with a government entity or private, nonprofit entity for that entity to inspect and certify type B family child care home providers and in-home aides.
(2) To contract with a child care provider or a resource and referral agency to:
(a) Determine eligibility for publicly funded child care benefits in accordance with Chapter 5101:2-16 of the Administrative Code.
(b) Collect specific information for use by the CDJFS in determining eligibility for publicly funded child care benefits.
(R) For purposes of utilizing administrative funds to purchase child care services itemized in paragraph (Q) of this rule, each CDJFS shall develop its own contract document. This contract document shall meet current county requirements which govern the purchase of such services.
Effective: 07/01/2008
R.C. 119.032 review dates: 01/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.30, 5104.38
Rule Amplifies: 5104.32
Prior Effective Dates: 7/1/89 (Emer.), 9/28/89, 7/1/90 (Emer.), 9/30/90, 5/1/91 (Emer.), 7/29/91, 11/1/91 (Emer.), 1/20/92, 7/6/92 (Emer.), 10/1/92, 9/1/93, 10/1/97 (Emer.), 12/30/97, 6/10/00, 5/12/02, 7/1/03, 2/1/07, 2/1/08