5101:2-13-20 Supervision and staff/child ratios in licensed type A homes.

(A) Supervision of children is the function of actively observing and guiding a child or group of children. This includes awareness of and responsibility for the activity of each child and being near enough to intervene if needed. Supervision means child care staff members have knowledge of children's needs, accountability for their care, and knowledge of which children they are responsible for at all times. Child care staff members of the type A home shall always be within sight or hearing of all children.

(1) Children shall be out of sight of the child care staff member only when all the following conditions are met:

(a) The children are engaged in activities which pose no risk to their safety.

(b) The children are within hearing of the child care staff member.

(c) The child care staff member checks on the children at least every five minutes.

(2) If the type A home uses a monitor, the child care staff member shall be within a distance to hear the children without the aid of the monitor.

(3) When children are outside, child care staff members shall be outside with the children, be within sight and hearing at all times and maintain the required staff/child ratios.

(B) No administrator or employee shall be under the influence of any substance that impairs the person's ability to supervise children and/or perform the employee's duties.

(C) The type A home shall employ sufficient staff so that the following staff/child ratios are maintained:

(1) When only one child care staff member is present at the home, that child care staff member may care for children according to the following age combinations:

Number of infants present Is an infant younger than 12 months present? Then you may have this number of toddlers, preschool and/or school age children present with the infant(s)*
0 N/A 6
1 Yes 4
1 No 5
2 Yes 3
2 No 4
3 Yes 2
3 No 3
  * No more than 3 of the total number of children you are caring for may be infants (younger than 18 months of age.)

(2) When two child care staff members are present each staff member may care for children according to the following age combinations:

Number of infants present* Then each staff person may have this number of toddlers, preschool and/or school age children present with the infant(s).*
0 6
1 5
2 4
3 3
* No more than 3 of the total number of children cared for by each staff person may be infants (18 months of age or younger).

(D) The following factors shall be used when calculating the staff/child ratios:

(1) Child care staff members shall not be counted in the staff/child ratio if they are engaged in duties that interfere with their supervision of children.

(2) Child care staff members shall not be counted in the staff/child ratio if they are engaged in telephone conversations or conversations with parents, which prevent the child care staff member from adequately supervising the children.

(3) Children under six years of age, and related to the type A home administrator or any employee shall be included in the total number of children in care. "Related to" means any of the following persons: grandchildren, daughters, sons, step-daughters, step-sons, sisters, brothers, step-sisters, step-brothers, nieces, nephews, half-brothers, half-sisters or first cousins who are related by blood, marriage or adoption. Children receiving foster care from the type A home are not considered to be related to the provider.

(4) Children six years of age through fourteen years of age who are related to the administrator shall not be included in the total number of children in care.

(5) Children under fifteen years of age and not related to the type A home administrator shall be included in the total number of children in care.

(E) To show compliance with staff/child ratios, a current JFS 01306 "Employee Record Chart" (rev. 9/2011) shall be completed and maintained by the type A home and shall be available for review by the Ohio department of job and family services (ODJFS). The JFS 01306 shall include:

(1) The name of each employee.

(2) Position of employee.

(3) Date of employment.

(4) Days and hours the employee is assigned to work.

(F) The type A home shall implement a written policy for all of the following:

(1) Arrival and departure of children to assure that a child care staff member is aware of each child's presence at the home.

(2) Release of a child to persons other than the parent or guardian. A child shall only be released to persons sixteen years of age or older, except when parent or guardian permission is on file. This written permission shall be signed and dated by the parent or guardian and administrator.

(3) Determining the whereabouts of a child when the child is absent, but is scheduled to be at the type A home. The procedure shall only be for children who do not arrive at the type A home with their parent or guardian.

(G) School children may leave the type A home for specific activities, including walking to and from the home or school, walking to their own home or to another destination. Written permission shall be obtained from the parent or guardian and kept on file at the type A home. The written permission shall specify all of the following:

(1) The child's name.

(2) The child's destination.

(3) Arrangements for transportation to and from the activities.

(4) Time of arrival and departure.

(5) Time period for which permission is given.

(6) Parent or guardian's signature and date.

(H) If a regularly employed child care staff member is unable, for any reason, to fulfill the responsibilities for the care of children, the staff member shall be replaced immediately by another child care staff member. A list of substitutes and verification of their qualifications shall be kept on file for review by ODJFS.

(I) A record of daily attendance shall be kept for each child enrolled, beginning on the child's first day.

(1) The child care staff member responsible for each group of children shall keep a record of daily attendance. These attendance records shall remain with the group at all times throughout the day including during outdoor play and emergency evacuations. This record shall specify all of the following:

(a) The names and birth dates of children.

(b) The names of the child care staff members responsible for the group.

(c) For type A homes caring for children on both a part time and a full time basis, the attendance records shall include the days and hours of enrollment for each child.

(2) The child care staff member responsible for the child shall record attendance upon the child's arrival and when the child departs.

(3) A child attending the type A home on a drop in basis shall be listed on an attendance sheet.

(4) The written records of attendance shall be kept for a period of one year. A copy of attendance records shall remain at the type A home at all times, and shall be available for review by ODJFS.

Effective: 09/29/2011
R.C. 119.032 review dates: 07/14/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5104.011
Rule Amplifies: 5104.011
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/05, 1/1/07, 8/14/08