(A) No child care provider shall knowingly misrepresent any factor or condition that relates to the provision of child care and that substantially affects the health or safety of any child or children in that provider's facility or receiving child care from that provider to any of the following:
(1) A parent, guardian, custodian, or other person responsible for the care of a child in the provider's facility or receiving child care from the provider;
(2) A parent, guardian, custodian, or other person responsible for the care of a child who is considering the provider as a child care provider for the child;
(3) A public official responsible for issuing the provider a license or certificate to provide child care;
(4) A public official investigating or inquiring about the provision of child care by the provider;
(5) A peace officer.
(B) For the purposes of this section, "any factor or condition that relates to the provision of child care" includes, but is not limited to, the following:
(1) The person or persons who will provide child care to the child of the parent, guardian, custodian, or other person responsible for the care of the child, or to the children in general;
(2) The qualifications to provide child care of the child care provider, of a person employed by the provider, or of a person who provides child care as a volunteer;
(3) The number of children to whom child care is provided at one time or the number of children receiving child care in the child care facility at one time;
(4) The conditions or safety features of the child care facility;
(5) The area of the child care facility in which child day-care is provided.
(C) Whoever violates division (A) of this section is guilty of misrepresentation by a child care provider, a misdemeanor of the first degree.
Effective Date: 05-18-2005 .