5101:2-12-02 Types of licensed child care centers.

(A) "Child care center", as defined in Chapter 5104. of the Revised Code, means any place that is not the permanent residence of the licensee or administrator in which child care is provided, with or without compensation, for seven to twelve children at one time, or any place in which child care is provided for thirteen or more children at one time. Child care centers shall comply with all rules in Chapter 5101:2-12 of the Administrative Code.

(B) "Drop in center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for children on a temporary, irregular basis. "Temporary and irregular" means no more than thirty days a year for any child enrolled. Drop in centers shall comply with all rules in Chapter 5101:2-12 of the Administrative Code except:

(1) In reference to rule 5101:2-12-31 of the Administrative Code, the drop in center shall not administer any medication, food supplement or modified diet.

(2) In reference to rule 5101:2-12-19 of the Administrative Code, the drop in center shall not be required to provide a cot for each child the center is licensed to serve.

(3) In reference to rule 5101:2-12-37 of the Administrative Code, the drop in center shall not be required to maintain on file at the center for at least one year, health and enrollment records for each child.

(4) In reference to rule 5101:2-12-32 of the Administrative Code, the drop in center shall not be required to maintain parent rosters.

(5) In reference to rule 5101:2-12-12 of the Administrative Code, the drop in center which does not prepare and serve food shall not be required to obtain a health department approval.

(6) In reference to rule 5101:2-12-14 of the Administrative Code, the drop-in center shall not be required to meet the provisions of paragraphs (C) and (D) of that rule, but, if these provisions are not met, the drop-in center shall have a specific plan to provide for gross motor activity for children in care. If a drop in center chooses to include outdoor play the drop in center shall meet the requirements of paragraph (A) of rule 5101:2-12-14 of the Administrative Code.

(C) "Parent cooperative child care center", as defined in Chapter 5104. of the Revised Code, means a corporation or association organized for providing educational services to the children of its members without gain to the corporation. The child care services are provided only for children of the members of the corporation. Ownership and control of the corporation or association rests solely with its members, and at least one parent member of the corporation is on the premises during the center's hours of operation. Parent cooperatives shall comply with all rules in Chapter 5101:2-12 of the Administrative Code except:

(1) In reference to rule 5101:2-12-24 of the Administrative Code, the duties of the administrator of a parent cooperative may be carried out under the supervision and in conjunction with a parent board.

(2) In reference to rule 5101:2-12-25 of the Administrative Code, references for parent members, who are employees of a parent cooperative, may be a written statement provided by the parent board, which attests to the suitability and character of those parent members.

(3) In reference to rule 5101:2-12-30 of the Administrative Code, the parent board of a parent cooperative, in cooperation with the administrator, may be responsible for conducting preadmission interviews.

(4) In reference to rule 5101:2-12-12 of the Administrative Code, the parent cooperative center which does not prepare and serve food shall not be required to obtain a health department approval.

(D) "Part time child care center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for no more than four hours per day for any child. Part time child care centers shall comply with all rules in Chapter 5101:2:12 of the Administrative Code except:

(1) In reference to rule 5101:2-12-14 of the Administrative Code, only the part time center which includes outdoor play as part of their scheduled daily program shall be required to comply with all stipulations of this rule, except as indicated in paragraph (A) of rule 5101:2-12-14 of the Administrative Code.

(2) In reference to rule 5101:2-12-33 of the Administrative Code, the part-time center, which does not include a nap as part of their scheduled daily program, shall be required to provide only one washable cot, mat, or pad for an ill child.

(3) In reference to rule 5101:2-12-24 of the Administrative Code, an administrator of a part time center may have duties as a child care staff member during all hours of operation.

(4) In reference to rule 5101:2-12-12 of the Administrative Code, the part time center which does not prepare and serve food shall not be required to obtain a food service license.

(E) "School child care center", as defined in Chapter 5104. of the Revised Code, means a center that provides child care for school children only and operates only during that part of the day immediately before and/or after the public school day of the school district, and/or when the public schools in the district are not open for instruction. School child care centers shall comply with all rules in Chapter 5101:2-12 of the Administrative Code except:

(1) In reference to rule 5101:2-12-10 of the Administrative Code, the school child care center is not required to obtain verification of building department approval if the center is operated in a public school or chartered nonpublic school in school facilities that are in compliance with applicable building codes.

(2) In reference to rule 5101:2-12-37 of the Administrative Code, the school child care center shall obtain health and enrollment records for each child, except immunization records.

(3) In reference to rule 5101:2-12-37 of the Administrative Code, the school child care center shall not be required to obtain verification of a medical examination for each child.

(4) In reference to rule 5101:2-12-30 of the Administrative Code, the school child care center shall not be required to provide a parent participation policy, except that the center shall provide to each parent, a written procedure for parents to follow if they have a concern. This written procedure shall be maintained on file at the center.

(5) In reference to rule 5101:2-12-12 of the Administrative Code, the school child care center which does not prepare and serve food shall not be required to obtain a health department approval.

Effective: 09/01/2007
R.C. 119.032 review dates: 03/30/2007 and 09/01/2012
Promulgated Under: 119.03
Statutory Authority: 5104.011 , 5104.02
Rule Amplifies: 5104.01
Prior Effective Dates: 3/1/81, 6/1/84, 9/1/86, 1/1/90, 1/2/92 (Emer.), 4/1/92, 4/1/03