5101:2-14-01 Definitions for licensed type B home providers and certified in-homes aides.

(A) "Administering to the needs" means giving care, maintenance, training, and supervision such as the providing of food, shelter, security, recreation, safety, and guidance of infants, toddlers, preschool-age children and school-age children outside of school hours.

(1) Educational instruction may or may not be given to infants, toddlers, preschool children, or school children.

(2) Parents, guardians, custodians, or relatives by blood, marriage, or adoption shall be considered to be administering to the needs of their own children if they are present in the same building at all times their own children are in care and if they are in a position to continue to directly maintain control over their own children as determined by the department, except that child care provided on the premises of a parent's, custodian's, or guardian's place of employment shall be licensed in accordance with Chapter 5104. of the Revised Code.

(B) "Adult residing in the home" means any person eighteen years of age or older who is a resident in the home.

(C) "Advanced practice nurse (APN)" means a registered nurse approved by the board of nursing as an advance practice nurse under Chapter 4723. of the Revised Code and who holds a certificate of authority to practice as a clinical nurse specialist, certified registered nurse anesthetist, certified nurse midwife or certified nurse practitioner under Chapter 4723. of the Revised Code.

(D) "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 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.

(E) "Certified nurse practitioner (CNP)" means a registered nurse who holds a valid certification of authority issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as a CNP in accordance with section 4723.43 of the Revised Code and rules adopted by the board of nursing.

(F) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1) Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours;

(2) By persons other than their parents, guardians, or custodians;

(3) For any part of the twenty-four-hour day; and

(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(G) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal investigation (BCI) pursuant to section 109.572 of the Revised Code. BCII is a bureau within the office of the Ohio attorney general.

(H) "Emergency child care" means the provision of child care services for a maximum of one day by a county department of job and family services (CDJFS) approved emergency caregiver due to an illness or unplanned absence by the professional certified type B home provider or in-home aide as a result of unanticipated circumstances such as accident or other family emergency. Emergency child care shall not exceed one day at any one time.

(I) "Field trips" means infrequent or irregularly scheduled excursions from the licensed type B home or from the child's own home with an in- home aide.

(J) "Food supplement" means a vitamin, mineral, or combination of one or more vitamins, minerals and/or energy-producing nutrients (carbohydrate, protein or fat) used in addition to meals or snacks.

(K) "Infant" means a child under eighteen months of age.

(L) "Medication" means any substance or preparation which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a physician or advance practice nurse certified to prescribe medication, and permitted for administration or application by the caretaker.

(M) "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(N) "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(O) "Preschool child" means a child who is three years old or older but is not a school child.

(P) "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.

(Q) "Related to the provider" means any of the following persons when determining group size in a type B home: 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 to the provider by blood, marriage or adoption. Children receiving foster care from the provider are not considered to be related to the provider.

(R) "Routine trips" means frequent or regularly scheduled excursions from the licensed type B home or the home in which in-home aide services are being provided. Routine trips include, but are not limited to, taking a child to school or picking up a child from school.

(S) "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, or who is less than eighteen years old and eligible for special needs or protective child care benefits.

(T) "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/condition(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.

(U) "Specialized foster home" means a medically fragile foster home or a treatment foster home.

(V) "Substitute child care" means the provision of child care services by a CDJFS approved substitute caregiver due to a planned absence, not to exceed fourteen consecutive days at any one time, by the provider as a result of scheduled absences of the licensed type B provider or in-home aide.

(W) "Toddler" means a child who is at least eighteen months of age but is less than three years of age.

(X) "Treatment foster care" means foster caregiver-based treatment services for children whose special or exceptional needs cannot be met in their own homes. Treatment foster care focuses on providing rehabilitative services to children with special or exceptional needs and their families with the primary location of treatment being in the treatment foster home.

(Y) "Type B home" means the permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age.

Effective: 9/28/2015
Five Year Review (FYR) Dates: 01/01/2019
Promulgated Under: 119.03
Statutory Authority: 5104.018
Rule Amplifies: 5104.018, 5104.01 , 5104.12
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 2/15/88, 5/1/89, 11/1/91 (Emer.), 1/20/92, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 7/1/05 (Emer.), 10/1/05, 1/01/2007, 8/14/2008, 8/3/13, 1/1/2014