5101:2-12-04 Initial application and issuance of a provisional license for child care centers.

(A) The applicant desiring to establish or operate a child care center shall do all of the following for a provisional license:

(1) Participate in an application interview with the Ohio department of job and family services (ODJFS).

(2) Participate in all trainings regarding opening a child care center as determined by ODJFS.

(3) Submit a completed JFS 01250 "Plan of Operation for a Child Care Center" (rev. 9/2011). The JFS 01250 shall serve as the applicant's written plan of intended compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.

(4) Complete and submit the JFS 01210 "Application for Child Care License and Request for Amendment or Change of Location " (rev. 9/2011) with the fee of five hundred dollars to ODJFS.

(a) The application fee submitted with an application is nonrefundable and shall not be credited or transferred to any other application. Any application fee submitted without a JFS 01210 shall be forfeited.

(b) The application is considered filed with ODJFS when the application has been submitted electronically and a valid fee payment is received or postmarked.

(i) If the fee is submitted by check and returned for nonpayment or is written for the wrong amount, the application is not a valid application and will not be filed.

(ii) The application will be deleted from the system after one year if a valid fee payment is not received.

(c) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being licensed.

(5) Complete criminal records checks for owners and prospective administrators and have the results provided directly to ODJFS as specified in rule 5101:2-12-26 of the Administrative Code.

(B) An application may be amended without a fee if the administrator or the name of the center changes but the ownership remains the same.

(C) An initial application shall be considered valid for one calendar year from the date it is filed with ODJFS. If an application is determined to be invalid, a new initial application and fee shall be submitted.

(1) If the owner had another child care provider license revoked within five calendar years preceding the date of the application, the processing of the application shall cease, and shall not constitute denial of the application as specified in rule 5101:2-12-09 of the Administrative Code. This determination has no appeal rights pursuant to section 119.12 of the Revised Code.

(2) ODJFS shall not issue a child care center license if the applicant previously had been certified as a type B child care home prior to January 1, 2014 and the county department of job and family services revoked the certification based on criteria that the applicant did not comply or refused to comply with criteria for certification and that the refusal or inability to comply resulted in a risk to the health or safety of children.

(D) An initial application and fee shall be required from a center in the following circumstances:

(1) Change in ownership which is defined as a sale of the child care program in its entirety or a transfer of control and administration by the owner(s) of a child care program to a new controlling entity.

(2) Following legal action resulting in denial or revocation of a center's previous application or license, in accordance with paragraphs (C)(1) and (C)(2) of this rule.

(E) The center shall comply with an inspection by ODJFS to determine that the requirements of Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code are met.

(F) The center shall correct any noncompliances listed in the written inspection report resulting from any inspection conducted pursuant to paragraph (E) of this rule by the date noted in the report.

(G) If the center has complied with all the requirements of this rule, ODJFS shall issue a provisional license. The provisional license shall be valid for twelve calendar months from the date of approval. During the twelve month provisional license period the center shall comply with the requirements specified in Chapter 5101:2-12 of the Administrative Code. The provisional period shall continue until a continuous license is issued pursuant to rule 5101:2-12-04.1 of the Administrative Code or the revocation process is complete pursuant to rule 5101:2-12-09 of the Administrative Code.

Effective: 11/22/2015
Five Year Review (FYR) Dates: 06/23/2015 and 11/22/2020
Promulgated Under: 119.03
Statutory Authority: 5104.015, 5104.03
Rule Amplifies: 5104.015, 5104.03
Prior Effective Dates: 3/1/81, 4/1/85, 9/1/86, 1/2/92 (Emer.), 4/1/92, 4/1/03, 9/1/07, 3/1/09, 7/1/10, 9/29/11