This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
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| Rule |
Rule 5101:2-12-01 | Definitions for licensed child care centers.
Effective:
October 29, 2021
(A) "Administrator" means the person responsible for
the daily operation of the center. The administrator and the owner may be the
same person. The administrator is also a child care staff member. (B) "Adult" means an individual
who is at least eighteen years of age. (C) "Advanced practice registered
nurse (APRN)" means a certified registered nurse anesthetist, clinical
nurse specialist, certified nurse midwife or certified nurse practitioner under
Chapter 4723. of the Revised Code. This was previously called advanced practice
nurse (APN). (D) "Authorized representative"
means an individual employed by a center that is owned by a person other than
an individual and who is authorized by the owner to do all of the
following: (1) Communicate on the
owner's behalf. (2) Submit on the
owner's behalf applications for licensure or approval. (3) Enter into on the
owner's behalf provider agreements for publicly funded child
care. (E) "Career pathways model" means an alternative
pathway to meeting the requirements for a child care staff member or
administrator that uses an approved framework to document formal education,
training, experience, specialized credentials and certifications. This allows
the child care staff member or administrator to achieve a designation as an
early childhood professional level one, two, three, four, five, or
six. (F) "Certified nurse practitioner (CNP)" means a
registered nurse who holds a valid certificate 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. (G) "Child" means an infant, toddler, preschool child
or school-age child. (H) "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 part of the twenty-four-hour
day. (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. (5) By a provider
required by Chapter 5104. of the Revised Code to be licensed or approved by the
department of job and family services, certified by a county department of job
and family services, or under contract with the department to provide publicly
funded child care as described in section 5104.32 of the Revised
Code. (I) "Child care staff member" means an employee of a
child care center who is responsible for the care and supervision of children.
A substitute child care staff member may replace a child care staff member on a
temporary basis. The administrator, authorized representative, or owner may be
a child care staff member when not involved in other duties. (J) "Corrective action plan"
describes the action taken by the program to correct a non-compliance. This
plan does not confirm the program is in compliance with the rule, or negate the
non-compliance finding. Corrective action plans are submitted in the Ohio child
licensing and quality system (OCLQS) and are to be completed in their entirety
to be approved. (K) "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
5101:2-12-25 of the Administrative Code, the drop-in center shall not
administer any medication, food supplement or modified diet. (2) In reference to rule
5101:2-12-20 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 5101:2-12-04 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. (4) In reference to rule 5101:2-12-11 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)(5)
of rule 5101:2-12-17 of the Administrative Code. (L) "Employee" means a person who either receives
compensation for duties performed in a child care center or has assigned work
hours or duties in a child care center. (M) "Field trips" means infrequent or irregularly
scheduled excursions from the center. (N) "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. (O) "Infant" means a child who is under eighteen
months of age. (P) "License capacity" is the maximum number of
children who may be cared for in a child care center at any one time. License
capacity is indicated on the license. License capacity is not the same as the
total number of children enrolled in the center or attending the center on any
given day. Children away from the center on a field trip or a special outing,
and under the supervision of a child care staff member, shall be included in
the count for license capacity. (Q) "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 by the parent for administration or
application. (R) "Moderate risk non-compliance" means a
licensure rule violation that has the potential to lead to an increased risk of
harm to, or death of, a child and is observable, not inferable. (S) "Modified diet" means any diet eliminating
the use of any one or more of the four food groups or altering the amount of
food required to be served to meet one-third of the recommended dietary
allowance as required by rule 5101:2-12-22 of the Administrative
Code. (T) "Owner" includes a person, as defined in
section 1.59 of the Revised Code, or government entity. (U) "Parent" 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. Parent
has the same meaning as "caretaker parent" as defined in section
5104.01 of the Revised Code. (V) "Parent cooperative child care center", as
defined in Chapter 5104. of the Revised Code, means a corporation or
association organized for providing educational services only for children of
its members without gain to 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
5101:2-12-07 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 5101:2-12-07 of
the Administrative Code, the parent board of a parent cooperative, in
cooperation with the administrator, may be responsible for conducting
preadmission interviews. (3) In reference to rule 5101:2-12-04 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. (W) "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 or no more than fifteen weeks per
summer. 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
5101:2-12-20 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. (2) In reference to rule
5101:2-12-07 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. (3) In reference to rule
5101:2-12-17 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 that rule, except as indicated in
paragraph (A)(5) of rule 5101:2-12-17 of the Administrative Code, for a
part-time program that provides child care for no more than four hours per day
for any child. (X) "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. (Y) "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. (Z) "Preschool child" means a child who is three
years old or older but is not a school-age child. (AA) "Public children services agency (PCSA)"
means an entity specified in section 5153.02 of the Revised Code that has
assumed the powers and duties of the children services function prescribed by
Chapter 5153. of the Revised Code for a county. (BB) "Routine trips" means repeated excursions off
the center premises which regularly occur on a previously scheduled basis and
that parents have been made aware of the destinations of the trip. (CC) "School-age child" means a child who is
enrolled in or is eligible to be enrolled in a grade of kindergarten or above,
but is less than fifteen years old or, in the case of a child who is receiving
special needs child care, is less than eighteen years old. (DD) "Serious risk non-compliance" means a
licensure rule violation that has the potential to lead to a great risk of harm
to, or death of, a child. (EE) "Special needs child care" means child care
provided to a child who is less than eighteen years of age and either has one
or more chronic health conditions or does not meet age appropriate expectations
in one or more areas of development, including social, emotional, cognitive,
communicative, perceptual, motor, physical, and behavioral development and that
may include on a regular basis such services, adaptations, modifications, or
adjustments needed to assist in the child's function or
development. (FF) "Toddler" means a child who is at least
eighteen months of age but less than three years of age. (GG) "Transitioning child" means any child
enrolled in a center who, for easy adjustment, is temporarily being placed with
a group prior to being permanently assigned to that group. (HH) "Voluntary temporary closure" means the
program requests to stop serving children, but not close the license. A
voluntary temporary closure shall not exceed twelve months.
Last updated October 29, 2021 at 8:31 AM
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Rule 5101:2-12-02 | Application and amendments for a child care center license.
Effective:
October 29, 2021
(A) What is the application process to
establish or operate a licensed child care center? The owner or owner's representative is
to: (1) Complete a
professional registry profile through the Ohio professional registry (OPR) at
https://www.occrra.org/opr. (2) Register online
through the OPR and complete the required center prelicensing training. The
prelicensing training shall have been taken within the five years prior to
application for a license. (3) Complete an initial
application online in the Ohio child licensing and quality system (OCLQS) at
https://oclqs.force.com and submit the fee of fifty dollars to the Ohio
department of job and family services (ODJFS). (a) The application fee submitted with an application is
nonrefundable and shall not be credited or transferred to any other
application. (b) The application is considered filed with the ODJFS as of the
date it is received electronically and the payment has cleared. (c) The application will be deleted from the system after one
hundred twenty days if the fee payment is not received. (d) Any application submitted without complete and accurate
information will need to be amended with complete and accurate information
before being licensed. (e) The application will be deleted and the fee forfeited if the
center is not ready to be licensed after twelve months. (4) Notify in OCLQS if
the owner or owner's representative wants to voluntarily withdraw the
application. This results in a forfeiture of the application fee. (B) What additional items shall be
submitted during the application process? The items listed in appendix A to this rule are
required and shall be completed and submitted prior to licensure. (C) Does the child care center license need to be
visible? The license is to be visible to parents at all
times. (D) Can a child care center license be
issued to an address or space that is currently licensed for family child care
or a child care center? A child care center license shall not be issued
to any address that is currently licensed as a family child care home, or any
space licensed for use by another child care center. (E) Will the license be a continuous license? The license shall be a continuous license
unless: (1) The center is in the
provisional period pursuant to rule 5101:2-12-06 of the Administrative
Code. (2) The center moves to a
new address and does not propose a change of location amendment pursuant to
paragraph (G) of this rule. (3) The owner of the
center, which can be a corporation or partnership, changes. (4) The center
voluntarily surrenders the license by notifying the ODJFS in
OCLQS. (5) It is revoked pursuant to rule
5101:2-12-05 of the Administrative Code. (F) What is the process to change or
amend a license? (1) The center is to
submit a request and all applicable documents in OCLQS. (2) What information can
be amended on an existing license? (a) Name of administrator. (b) License capacity. (c) Change of location of the program. (3) What is the timeline
for requesting an amendment? (a) For a change in administrator, the center is to submit the
amendment, with qualifications pursuant to rule 5101:2-12-07 of the
Administrative Code for the new administrator, within thirty days. This
includes when an existing administrator is on temporary leave for ninety or
more days. (b) For a change in capacity, the center shall request and be
approved for the amendment prior to serving additional children. This includes
submitting all corrective action plans required pursuant to rule 5101:2-12-03
of the Administrative Code. (c) For a change in location, the center shall request the
amendment at least thirty days prior to the last day at the current location.
Failure to request within thirty days may result in a gap of care. Care shall
not begin until the license has been transferred to the new
location. (4) What are the requirements if a center
wants to permanently move to a different location? The center is to: (a) Comply with paragraph (F)(3)(c) of this rule. (b) Submit all required documents listed in appendix B to
this rule prior to licensure at the new location. (c) Submit a fee of fifty dollars in OCLQS thirty days
prior to the proposed move. (d) Comply with an inspection at the new location and any
applicable determinations of license capacity for the new
location. (e) Cease child care operations at the original center location
at the time the license is issued for the new address. (f) If care ceases at the old location before the new
location is ready to be licensed, the program may be temporarily closed
pursuant to paragraph (G) of this rule. (g) If the new location is unable to be licensed within
ninety days after the request, the request for amendment will be closed, which
results in forfeiture of the application fee. (5) What are the requirements if a center
needs to temporarily provide care in a different location? (a) If the center is temporarily unable to provide care in the
licensed location because the location has been deemed unsafe for care of
children by the building department, fire department, local health department,
local law enforcement or other government agency, the center may request to
temporarily provide care in a new location. (i) The center shall send
a written request to ODJFS and comply with an inspection of the temporary
location prior to providing care at the temporary location. (ii) The written request
shall include written documentation from the government agency that deemed the
location to be unsafe for care of children and shall include the plan and
timeline for addressing the needs of the licensed location. (iii) Prior to resuming
care at the licensed location, the center shall provide written approval to
ODJFS from the government agency that has deemed the location safe to resume
care of children. (b) If the center is unable to return to the licensed location
within one hundred eighty days, the center shall follow the process for a
permanent change of location pursuant to paragraph (F)(4) of this rule. There
are no extensions for a temporary change of location. (G) How shall an administrator, owner or owner's
representative request a voluntary temporary closure status for a license of a
child care center? (1) The administrator,
owner or owner's representative is to request the temporary closure status
in OCLQS. (2) The temporary closure
status shall not exceed twelve months. (3) The center shall not
serve any children during the temporary closure status. (4) The center may be
required to comply with an inspection prior to the end of the temporary closure
status and prior to serving children again. (5) If at the end of the
twelve months, the center has not requested in OCLQS to reinstate the license
or is not able to be re-opened, the ODJFS may close the license without hearing
rights afforded by Chapter 119. of the Revised Code. (H) What information will the center keep current in
OCLQS? (1) Mailing
address. (2) Telephone
number. (3) Email
address. (4) Days and hours of
operation. (5) Services
offered. (6) Name of
program. (7) Ohio secretary of
state entity number, if applicable. (8) Private pay
rates. (I) What if an individual listed in OCLQS as a legal
business owner (as defined in section 5104.03 of the Revised Code)
changes? The center is to log into OCLQS to complete and
submit the information within thirty days of the change.
View AppendixView Appendix
Last updated October 29, 2021 at 8:31 AM
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Rule 5101:2-12-03 | Compliance inspection and complaint investigation of a licensed child care center.
(A) What compliance inspections are
required for child care centers? (1) At least one
inspection prior to the initial issuance of a provisional license. (2) At least two
inspections during the provisional period. (3) At least one
inspection each state fiscal year after the issuance of the continuous license.
Compliance inspections completed in the state fiscal year pursuant to paragraph
(A)(2) of this rule meet this requirement. (4) Any complaint
investigations involving the center. (B) Will inspections be announced or
unannounced? At least one inspection shall be unannounced and
all inspections may be unannounced. (C) What is required of a licensed center for an inspection
and/or complaint investigation? The licensed child care center shall allow the
Ohio department of job and family services (ODJFS) to: (1) Complete an
inspection of all areas where child care is provided, children have access to
and all areas used to verify compliance with Chapter 5101:2-12 of the
Administrative Code and Chapter 5104. of the Revised Code. (2) Review required
records and documentation. (3) Interview or take
statements from anyone pertinent to the investigation which may include any of
the following: (a) Building officials, fire department inspectors, sanitarians,
public health or other state or local officials. (b) Neighbors. (c) Parents and relatives of children in care. (d) Staff of the public children services agency
(PCSA). (e) Anyone mentioned by the complainant. (f) Law enforcement personnel. (g) Current and past center employees. (h) Other witnesses. (4) Document findings in
writing or in photographs or by any other means. (D) What are additional requirements for a licensed center as a
result of an inspection and/or complaint investigation? The center is to: (1) Complete and submit a
corrective action plan in the Ohio child licensing and quality system (OCLQS)
addressing the non-compliances detailed in the inspection report within the
time frame requested in the inspection report. (2) Not misrepresent, falsify or withhold
information from ODJFS. (3) Pursuant to section
5104.043 of the Revised Code, provide a written or electronic notice of the
serious risk non-compliance (SRNC) to all parents of enrolled children within
fifteen business days of receipt of the non-compliance, if ODJFS determines
that an act or omission of a child care center constitutes a SRNC pursuant to
appendix A to this rule. (a) The notice is to include a statement informing each
parent of the web site maintained by ODJFS and the location of further
information regarding the determination. (b) If the center requests a review of the finding pursuant
to paragraph (F) of this rule, and the finding is upheld, the notice to parents
is to be sent within five business days of receipt of the decision by
ODJFS. (c) The center will need to provide a copy of the notice to
ODJFS. (d) The requirements of section 5104.043 of the Revised
Code do not apply if ODJFS suspends the license of the child care
center. (E) Will a licensed center have additional inspections based on
non-compliances found? All non-compliances may lead to additional
inspections or compliance materials required by ODJFS. (F) What if the center does not agree with the licensing
findings? The center may complete and submit a JFS 01155
"Request for Review for Licensing and Step Up To Quality" with any
applicable documentation within seven business days from the receipt of the
inspection report. (G) Are licensing inspection records available to the
public? (1) Inspections may be
viewed at http://childcaresearch.ohio.gov/. (2) An individual may
submit a written request to ODJFS for a copy of the center's licensing
record.
View Appendix
Last updated May 16, 2022 at 8:21 AM
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Rule 5101:2-12-04 | Building department inspection, fire inspection and food service requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for
building inspections? (1) A certificate of
occupancy for the purpose of operating a child care center is required in
accordance with Chapters 3781. and 3791. of the Revised Code and shall be
obtained from the local certified building department or in the absence of a
local certified building department, the Ohio department of commerce, and be
available on-site for review. (2) The center shall
comply with any stipulations or limitations noted on the certificate of
occupancy. (3) A certificate of occupancy is
required in the following circumstances: (a) At the time of application for a child care center
license. (b) At the time a child care center requests a license amendment
for a change of location, including a temporary change of
location. (c) Prior to the use of any areas of the structure not previously
inspected and approved for child care use. (d) At the time of major repair, modification or alteration of
any existing structure presently being used for child care but prior to the
continued use of modified or altered parts of the structure. Major repair,
modification or alteration includes: (i) Cutting away of any wall, partition or portion thereof, the
removal of or cutting of any structural beam or bearing support or the removal
or change of any required means of escape, or rearrangement of parts of the
structure affecting the exit requirements. (ii) Addition to, alteration of, replacement or relocation of any
gas, oil, water, soil, waste or vent piping, electrical wiring or heating,
ventilating or air-conditioning equipment. (iii) Any modification that would otherwise need a plan approval as
required by the rules of the Ohio board of building standards. (4) A new or revised
certificate of occupancy is not required for the following: (a) A change in ownership with no change of use. (b) Child care is provided exclusively for school-age children in
an existing public school or chartered nonpublic school building as described
in section 5104.02 of the Revised Code. (B) What are the requirements for a fire
inspection? (1) Licensed child care
centers shall secure a written fire inspection from the state fire marshal or
the local fire safety inspector for the municipality or township having
jurisdiction. (2) The child care center
is to abide by any stipulations or limitations set forth in the written
documentation by the state fire marshal or local fire safety
inspector. (3) A fire inspection is to be obtained
at the following times: (a) At the time of initial application for a child care center
license. (b) At the time of a child care center license amendment when
requesting a change of location, including a temporary change of
location. (c) At least once annually within each twelve months from the
date of the last fire inspection report. (d) Prior to the use of any areas of the structure not previously
inspected and approved for child care use. (4) If child care is provided exclusively
for school-age children in an existing public school or chartered nonpublic
school building as described in section 5104.02 of the Revised Code, a fire
inspection for the child care center is not required. (C) What are the requirements for
preparing and serving food for a child care center ? (1) A valid food service
operation license or exemption status shall be obtained from the local health
department having jurisdiction. (2) Meals or snacks may
be provided by an off-site food processing establishment registered with the
Ohio department of agriculture (ODA). This ODA registration requirement
includes meals or snacks prepared by a child care center and provided or
transported to a different child care center for serving. (a) The center is to maintain on file a copy of the food
processing establishment's current registration. (b) If the food processing establishment only provides the
food and it is the responsibility of the center to serve the food, the center
is to follow the requirements of the local health department having
jurisdiction, including securing a food service operation license for the
center. (3) A food service
license or exemption for the child care center is not required if the child
care program is located in an existing public school, chartered non-public
school, church or similar location which maintains a food service operation
license. The child care center is to obtain written documentation by the food
service operation license holder granting permission to operate under their
license.
Last updated October 29, 2021 at 8:32 AM
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Rule 5101:2-12-05 | Denial, revocation and suspension of a licensed child care center application or license.
Effective:
October 29, 2021
(A) What does "owner"
mean? (1) For purposes of paragraphs (C) and (E) of
this rule, "owner" is defined in rule 5101:2-12-01 of the
Administrative Code, except that "owner" also includes a firm,
organization, institution or agency, as well as any individual governing board
members, partners, or authorized representatives of the owner as defined in
section 5104.03 of the Revised Code. (2) For all other paragraphs of this rule,
"owner" is as defined in rule 5101:2-12-01 of the Administrative
Code. (B) What are the reasons an applicant may have an
application denied or a licensed child care center may have a provisional or
continuous license revoked? (1) The center is not in
compliance with Chapter 5101:2-12 of the Administrative Code or Chapter 5104.
of the Revised Code. (2) The owner or
administrator has been determined not eligible to own a child care program or
to be employed in a child care program as a result of the background check
requirements pursuant to rule 5101:2-12-09 of the Administrative
Code. (3) The center fails to submit
documentation or information requested by the Ohio department of job and family
services (ODJFS) within required time frames. (4) The center has refused to allow ODJFS
staff access onto its premises or to any area used for child care. (5) The center has furnished or made
misleading or false statements or reports to ODJFS. (6) Failure of any person, firm,
partnership, organization, institution, or agency to cooperate with the ODJFS
or any state or local official when performing duties required by Chapter 5104.
of the Revised Code and Chapter 5101:2-12 of the Administrative
Code. (C) What happens if an application is in the process of
being denied or a provisional or continuous license is in the process of being
revoked? (1) If an application for
a child care center, type A home or type B home has been issued a notice of
intent to deny, no new application for a child care center license shall be
processed for the owner until after the completion of the denial
process. (2) If a provisional or
continuous license for a child care center, type A home or type B home has been
issued an intent to revoke, no new application for a child care center license
shall be processed for the same owner until after the completion of the
revocation process. (3) If the child care
center has been issued a notice of intent to revoke the program's license,
the center is to notify the families of all enrolled children and post the
notice of intent in a noticeable location within forty-eight hours of receipt
of the notice. (D) What if a center voluntarily surrenders the license or
voluntarily withdraws the application during the revocation or denial
process? The voluntary surrender of a license or the
withdrawal of an application for licensure shall not prohibit ODJFS from
revoking a license or denying an application. (E) What happens if an application has previously been
denied, or a provisional or continuous license, or an in-home aide
certification is revoked? (1) If a license of a child care center,
type A home, or type B home is revoked, another license shall not be issued to
the owner of the center, type A home, or type B home until five years have
elapsed from the date the license was revoked. (2) If an application for a child care
center, type A home, or type B home license is denied, the applicant shall not
be licensed until five years have elapsed from the date the application was
denied. (3) If the certification of an in-home
aide is revoked, the applicant shall not be issued a child care center license
until five years have elapsed from the date the certification was revoked.
(F) Which licensing actions by ODJFS give the center rights
to an adjudicatory hearing, in accordance with the requirements of Chapter 119.
of the Revised Code? (1) Denial of an
application. (2) Revocation of an
existing license, either provisional or continuous. (3) The finding of
jurisdiction in accordance with rule 5101:2-12-01 of the Administrative
Code. (4) Issuance of a license
with authorization for license capacity which does not agree with the
authorization sought by the center. (5) Denial of a
continuous license at the expiration of the center's provisional
license. (G) When can ODJFS suspend a license? ODJFS may immediately suspend the license of a
center if ODJFS determines that any of the following have occurred: (1) A child dies or
suffers a serious injury while receiving child care by the center. (2) A public children
services agency (PCSA) accepts a complaint of abuse or neglect pursuant to
section 2151.421 of the Revised Code on any of the following
people: (a) The center owner or owner's representative. (b) The center administrator, if the administrator has not been
released from employment or put on administrative leave. (c) An employee of the center, if the employee has not been
immediately released from employment or put on administrative
leave. (3) Any of the following
people have been charged by indictment, information, or complaint with an
offense relating to the abuse or neglect of a child: (a) The center owner or owner's representative. (b) The center administrator, if the administrator has not been
released from employment or put on administrative leave. (c) An employee of the center, if the employee has not been
released from employment or put on administrative leave. (4) ODJFS or a county
agency determines that the center created a serious risk to the health or
safety of a child receiving child care in the center that resulted in or could
have resulted in a child's death or injury. (5) ODJFS determines that
the owner or licensee of the center does not meet the requirements of section
5104.013 of the Revised Code. (H) What happens if a center's license is
suspended? (1) Upon receipt of a
written suspension order from ODJFS, delivered either by certified mail or in
person, the center shall: (a) Immediately stop providing care to all children. (b) Provide written notification of the suspension to the parents
of all children enrolled in the center. (2) Refusal of delivery
by personal service or by mail is not failure of delivery and service shall be
deemed to be complete. (I) Can the center request a review of the decision to
suspend the license? The center may request an adjudicatory hearing
before the department pursuant to sections 119.06 to 119.12 of the Revised
Code. (J) How long will the license be suspended? The suspension shall remain in effect until any
of the following occurs: (1) The PCSA completes
its investigation pursuant to section 2151.421 of the Revised Code and
determines that all of the allegations are unsubstantiated. (2) All criminal charges
are disposed of through dismissal or a finding of not guilty. (3) Pursuant to Chapter
119. of the Revised Code, ODJFS issues a final order terminating the
suspension. (K) Which ODJFS licensing actions, ministerial in nature,
are not subject to an administrative hearing? (1) Rejection by ODJFS of
any application for a license for procedural reasons such as, but not limited
to, improper fee payment, incomplete submission of required materials or use of
invalid forms. (2) Denial of an
application pursuant to paragraph (E) of this rule. (3) Closing a license that has been in a
temporary closure for more than twelve months pursuant to rule 5101:2-12-02 of
the Administrative Code. (4) Closing a license if the child care
center is no longer located at the address on the license and the owner has not
requested a change of location or closure pursuant to rule 5101:2-12-02 of the
Administrative Code. (5) Closing a license if
the owner of the child care center has changed.
Last updated October 29, 2021 at 8:32 AM
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Rule 5101:2-12-06 | Procedures for a licensed child care center operating under a provisional license.
Effective:
October 29, 2021
(A) How long is a provisional license
valid for a newly licensed child care center? A provisional license for a newly licensed child
care center is valid for at least twelve months and until the continuous
license is issued, unless revoked pursuant to rule 5101:2-12-05 of the
Administrative Code. (B) What requirements shall the child
care center meet for the provisional license to be amended to a continuous
license at the end of the provisional period? By the end of the provisional period, the center
shall: (1) Be in compliance with
Chapter 5101:2-12 of the Administrative Code. (2) Have children
enrolled and attending the center. (3) Have a qualified
administrator named pursuant to rule 5101:2-12-07 of the Administrative
Code.
Last updated October 29, 2021 at 8:32 AM
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Rule 5101:2-12-07 | Administrator responsibilities, requirements and qualifications for a licensed child care center.
Effective:
March 21, 2024
(A) What are the requirements to be an
administrator in a licensed child care center? (1) Be named on the child
care center license. (2) Written documentation verifying the
administrator's qualifications is to be kept on file at the center or
verified documentation is available for review in the Ohio professional
registry (OPR). Administrators are to meet the education requirements detailed
in appendix A to this rule. (3) A person named as administrator, who
was promoted from within, and who does not meet the requirements of appendix A
to this rule within one year of being named as administrator, is to no longer
serve as the administrator. The person also is not to be named administrator at
another location until the administrator qualifications have been
met. (4) The administrator is to complete a
rules review course provided by the Ohio department of job and family services
(ODJFS). (a) Administrators are to complete the rules review course within
six months of the date of their appointment and every five years
thereafter. (b) Verification of completion of the rules review course
is to be documented in the OPR. (5) The administrator is
to complete the staff orientation training as prescribed by ODJFS within thirty
days of being named administrator at the center or the administrator has
documentation of completion of the child care center staff orientation or child
care center pre-licensing training after December 31, 2016. (B) What are the responsibilities of the
administrator in a licensed child care center? The administrator is to: (1) Be responsible for
the daily operation of the child care center and for maintaining compliance
with Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the
Administrative Code. (2) Be on-site a minimum
of one-half of the hours that the child care center is in operation during the
week, or forty hours per week, whichever is less. If there is more than one
administrator, at least one administrator is to meet this
requirement. (3) For child care
centers that are in operation on the weekends and/or evenings/overnights, as
well as during the week, be on-site at the center at least twenty hours per
week during the hours of six a.m. to seven p.m., Monday through Friday. If
there is more than one administrator, at least one is to meet this
requirement. (4) Post the
administrator's scheduled hours of availability to meet with parents in a
noticeable location. (5) Be responsible for the creation,
maintenance and implementation of the policies and procedures detailed in
appendix B to this rule. Nothing in these policies shall conflict with Chapter
5104. of the Revised Code or Chapter 5101:2-12 of the Administrative Code, and
if applicable, Chapter 5101:2-16 or 5101:2-17 of the Administrative Code. A
copy of these policies and procedures is to be available on-site at the
center. (6) Provide the parent and all employees
with the policies and practices in appendix B to this rule. (7) Provide a copy of appendix C to this
rule to the parents of the children enrolled in the center. (8) Make available the current licensing
rules in a noticeable area on the premises. The rules may be made available via
paper copy or electronically. (9) Upon request, provide a parent with
any information necessary for the parent to compile child care related expenses
for income tax preparation, including tax identification numbers. (10) Cooperate with other government
agencies as necessary to maintain compliance with Chapter 5101:2-12 of the
Administrative Code. (11) Ensure that no
administrator, employee, licensee or child care staff member discriminates in
the enrollment of children upon the basis of race, color, religion, sex,
disability, or national origin. (C) What are the OPR and documentation
responsibilities for administrators in a licensed child care
center? All administrators are to: (1) Create or update
their individual profile in the OPR. (2) Create or update the
center's organization dashboard in the OPR for each child care center in
which they are employed as administrator. (3) Ensure that all
employees and child care staff members complete the following in the
OPR: (a) Create or update their individual profile in the
OPR. (b) Create an employment record in the OPR for the center on or
before their first day of employment, including date of hire. (c) Update changes to positions or roles in the OPR within five
calendar days of a change. (4) Update the
center's organization dashboard in the OPR within five calendar days of a
change for employees and child care staff members of the program,
including: (a) Scheduled days and hours. (b) Group assignments, if applicable. (c) The end date of employment. (5) Maintain records for each current
employee and child care staff member as required in Chapter 5101:2-12 of the
Administrative Code on file in the center, if not yet verified in the
OPR. (a) Make employment records available upon request by ODJFS for
at least three years after each person's departure, if not verified in the
OPR. (b) Keep employment records confidential except when made
available to ODJFS for the purpose of administering Chapter 5104. of the
Revised Code and Chapter 5101:2-12 of the Administrative Code. (D) What if an administrator is not on the premises? (1) A child care staff
member is to be designated as the person in charge and be on the
premises. (2) The designated person in charge does
not have to meet the educational requirements of an administrator nor be named
on the license. (3) The designated person in charge is to
handle all emergencies and have access to all records required by Chapter
5101:2-12 of the Administrative Code.
View AppendixView Appendix
Last updated March 21, 2024 at 8:42 AM
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Rule 5101:2-12-08 | Employee and child care staff member requirements for a licensed child care center.
Effective:
January 27, 2024
(A) What are the requirements for an
employee in a licensed child care center? Each employee is to: (1) Have on file, on or before the
employee's first day of employment, a completed medical statement that
meets the requirements detailed in appendix A to this rule. (2) Have written documentation on file of
current immunization against tetanus, diphtheria and pertussis (Tdap) from a
licensed physician, as defined in Chapter 4731. of the Revised Code,
physician's assistant, advanced practice registered nurse, certified nurse
midwife, certified nurse practitioner or licensed pharmacist. The employee may
be exempt from the immunization requirement for religious reasons with written
documentation signed by the individual and for medical reasons with written
documentation signed by a licensed physician. (3) For the purpose of
tuberculosis (TB) screening, notify the child care center if the person has
both resided in a country identified by the world health organization (WHO) as
having a high burden of TB and arrived in the United States within the five
years immediately preceding the date of application for employment. A current
list of identified high burden countries (HBC) for TB can be found in the most
recent report on the WHO website at
https://www.who.int/teams/global-tuberculosis-programme/tb-reports. (a) Notification is to be made on a completed medical statement
that meets the requirements detailed in appendix A to this rule. (b) If the person meets the criteria described in this paragraph,
the child care center is to comply with the testing requirements of section
5104.037 of the Revised Code before employment. The TB test is either a
two-step mantoux tuberculin skin test or a blood assay for m.
tuberculosis. (i) If the result of the
TB test is negative, the child care center may employ the person. (ii) If the result of any
TB test performed is positive, the child care center is to follow the
requirements outlined in appendix C to this rule. (B) What are the requirements for a child
care staff member in a licensed child care center? Each child care staff member is to: (1) Be at least sixteen years of
age. (2) Have completed a high school
education or be at least a high school junior (on or after the start of high
school junior year) and enrolled in or completed one of the following:
(a) An early childhood education or child development
career technical program. (b) A child development associate (CDA) training program or
achieved a CDA credential for the age group in which the high school student is
working. (c) A college credit program with early childhood education
or child development focus. (3) Follow the
limitations on child supervision and safety outlined in appendix D to this rule
when the child care staff member is a high school student and high school
graduate under the age of eighteen. (4) Provide verification of education on
or before the child care staff member's first day of
employment. (a) Verification is to be kept on file at the center or in
the Ohio professional registry (OPR). (b) High school education is defined in appendix B to this
rule. (c) For high school students, documentation of high school
grade level and enrollment in or completion of a technical, training or college
credit program as described in paragraph (B)(2) of this rule is to be
verified. (5) Have on file, on or before the child
care staff member's first day of employment, a completed medical statement
that meets the requirements detailed in appendix A to this rule. (6) Have written documentation on file of
current immunization against tetanus, diphtheria and pertussis (Tdap) from a
licensed physician, as defined in Chapter 4731. of the Revised Code,
physician's assistant, advanced practice registered nurse, certified nurse
midwife, certified nurse practitioner or licensed pharmacist. The child care
staff member may be exempt from the immunization requirement for religious
reasons with written documentation signed by the individual and for medical
reasons with written documentation signed by a licensed physician. (7) For the purpose of TB screening,
notify the child care center if the person has both resided in a country
identified by the WHO as having a high burden of TB and arrived in the United
States within the five years immediately preceding the date of application for
employment. (a) Notification is to be made on a completed medical statement
that meets the requirements detailed in appendix A to this rule. (b) If the person meets the criteria described in this paragraph,
the child care center is to comply with the testing requirements of section
5104.037 of the Revised Code before employment. The TB test is either a
two-step mantoux tuberculin skin test or a blood assay for m.
tuberculosis. (i) If the result of the
TB test is negative, the child care center may employ the person. (ii) If the result of any
TB test performed is positive, the child care center is to follow the
requirements outlined in appendix C to this rule. (C) What are the orientation requirements for child care staff
members? (1) Child care staff
members, including substitute child care staff members, shall complete the
child care center staff orientation training as prescribed by the ODJFS within
thirty days of starting employment at the center as a child care staff member
unless the child care staff member has documentation of completion of the
training after December 31, 2016. (2) Completion of the training shall be
documented with verification from the OPR. (3) The child care staff member may be
used in ratio, but is not to be left alone with children until the orientation
is completed. (D) What are the Ohio professional
registry (OPR) requirements for employees and child care staff members in a
child care center? All employees and child care staff members,
including substitute child care staff members, are to: (1) Create or update
their individual profile in the OPR. (2) Create an employment
record for the child care center on or before the first day of employment,
including date of hire. (3) Update their individual profiles or
employment records in the OPR within five calendar days of a change,
including: (a) Contact information. (b) Positions or roles, and related dates. (E) Do employees and child care staff members have whistle blower
protection? Yes, an employer is not to discharge, demote,
suspend or threaten to discharge, demote, suspend or in any manner discriminate
against any employee or child care staff member based solely on the employee
taking any of the following actions: (1) Making any good faith
oral or written complaint to the ODJFS or other agency responsible for
enforcing Chapter 5104. of the Revised Code regarding a violation of this
chapter or the rules adopted pursuant to Chapter 5104. of the Revised
Code; (2) Instituting or
causing to be instituted any proceeding against the employer under section
5104.04 of the Revised Code; (3) Acting as a witness
in any proceeding under section 5104.04 of the Revised Code; (4) Refusing to perform
work that constitutes a violation of Chapter 5104. or the rules adopted
pursuant to Chapter 5104. of the Revised Code.
View AppendixView AppendixView Appendix
Last updated January 29, 2024 at 8:26 AM
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Rule 5101:2-12-09 | Background check requirements for a licensed child care center.
Effective:
January 27, 2024
(A) What records are included in a
background check? (1) Bureau of criminal
investigation (BCI) records pursuant to section 5104.013 of the Revised
Code. (2) Federal bureau of
investigation (FBI) records pursuant to section 5104.013 of the Revised
Code. (3) National sex offender
registry. (4) State sex offender
registry. (5) Statewide automated
child welfare information system (SACWIS) records. (B) Who shall have a background
check? (1) An owner and
administrator of a licensed child care center or applicants to be licensed as a
child care center. (2) An employee in a
licensed child care center as defined in rule 5101:2-12-01 of the
Administrative Code. (3) A child care staff
member in a licensed child care center as defined in rule 5101:2-12-01 of the
Administrative Code, including substitutes. (C) When is a background check
required? (1) At application for a
child care center license. (2) Prior to the first
day of employment for employees and child care staff members. (3) Every five years from
the date of the most recent BCI records check. (D) How is a background check
obtained? The individual shall: (1) Create a profile in
the Ohio professional registry (OPR). (2) Submit fingerprints
electronically according to the process established by BCI and have the BCI and
FBI results sent directly to the Ohio department of job and family services
(ODJFS). Information on how to obtain a background check can be found at
https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck. (3) Complete and submit the request for a
background check for child care in the OPR. (E) What if an individual previously
resided in a state other than Ohio? (1) ODJFS will contact
any states in which the individual resided in the previous five years to
request the information required in paragraph (A) of this rule. (2) Any information
received from other states will be reviewed and considered by ODJFS as part of
the background check review pursuant to paragraph (G) of this
rule. (F) What happens if an individual does
not complete the full background check determination process? (1) If the individual
completes only the requirements in paragraph (D)(2) of this rule or only the
requirements in paragraph (D)(3) of this rule and does not submit the other
component within forty-five days, the background check process will end and a
determination of eligibility will not be made. (2) ODJFS will notify the
individual and the program that the background check determination process has
ended. (3) The individual will
need to complete the requirements of paragraphs (D)(2) and (D)(3) of this rule
to restart the background check determination process in the future.
(G) What makes an individual ineligible to own or be employed in
a center? (1) A conviction or
guilty plea to an offense listed in division (A)(5) of section 109.572 of the
Revised Code, unless the individual meets the rehabilitation criteria in
appendix A to this rule. (a) Section 109.572 of the Revised Code requires that this rule
applies to records of convictions that have been sealed pursuant to section
2953.32 of the Revised Code. (b) A conviction of or a plea of guilty to an offense listed in
division (A)(5) of section 109.572 of the Revised Code is not prohibitive if
the individual has been granted an unconditional pardon for the offense
pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea
has been set aside pursuant to law. For purposes of this rule,
"unconditional pardon" includes a conditional pardon to which all
conditions have been performed or have transpired. (2) Being registered or
required to be registered on the national or state sex offender registry or
repository. (3) The individual is
identified in SACWIS as the perpetrator for a substantiated finding of child
abuse or neglect in the previous ten years from the date the request for
background check was submitted or the individual has had a child removed from
their home in the previous ten years pursuant to section 2151.353 of the
Revised Code due to a court determination of abuse or neglect caused by that
specific person. (H) What happens after the individual requests the background
check in the OPR and submits fingerprints through a webcheck
location? (1) The program and
individual will receive notification of preliminary approval generated from the
OPR. (2) The center will receive the JFS 01176
"Program Notification of Background Check Review for Child Care" from
ODJFS and shall keep it on file, if not available in the OPR. (a) For those individuals not eligible for employment, the center
shall not hire the individual or shall terminate them from employment
immediately upon receipt of the JFS 01176. (b) Until preliminary approval is received from ODJFS, an
administrator, child care staff member or employee hired on or after the
effective date of this rule cannot engage in any assigned duties or be near
children. (c) A child care staff member with preliminary approval but not
a JFS 01176 on file at the center or in the OPR shall not be left alone with
children and shall be supervised at all times by another child care staff
member with a JFS 01176 on file or in the OPR. (d) Only child care staff members with a JFS 01176 on file at the
center or in the OPR may be left alone with children. (3) The individual will receive the JFS
01177 "Individual Notification of Background Check Review for Child
Care" from ODJFS. (a) If the individual believes the information received is not
accurate, the individual may directly contact the agency that contributed the
questioned information. (b) If the individual disagrees with the employment eligibility
decision made by ODJFS, a JFS 01178 "Request for Review of Background
Check Decision for Child Care" shall be completed to request a review of
the decision. The JFS 01178 shall be submitted within fourteen business days
from the date on the JFS 01177. (I) What happens after an individual submits a JFS 01178 to
ODJFS? If an individual requests a review of a
background check decision pursuant to paragraph (H)(3)(b) of this rule: (1) The program shall not
allow the individual to be on-site at the program during the review by
ODJFS. (2) If the individual is determined to be
eligible for employment, the program may allow the individual to be employed
and shall keep the updated JFS 01176 on file pursuant to paragraph (H)(2) of
this rule. (J) What are the background check requirements if an individual
becomes employed at another licensed program? (1) Only the request for
a background check for child care in the OPR is required if the individual
meets all of the following: (a) The individual has a current background check determination
by ODJFS completed in the previous five years pursuant to this
rule. (b) The individual has been employed by a licensed child care
center, licensed type A home, licensed type B home, approved day camp, a
preschool or school-age program approved to provide publicly funded child care
or certified as an in-home aide or was a resident of a licensed type A home or
licensed type B home in the previous one hundred eighty consecutive
days. (2) Upon receipt of the
request, ODJFS will provide the JFS 01176 based on the existing background
check determination to the new employer.
View Appendix
Last updated January 29, 2024 at 8:27 AM
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Rule 5101:2-12-10 | Training and professional development requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the health training
requirements for a child care center? (1) All child care staff
members are to be currently trained in first aid and cardiopulmonary
resuscitation (CPR) appropriate for the age and developmental levels of the
children in care. (a) First aid and CPR trainings are to be completed within
the first ninety days of hire. (b) Until all required individuals are current in the
trainings, at a minimum, the center is to have at least one trained child care
staff member on-site (in each building) during all hours of operation who meets
this requirement. (2) A center shall have at least one
child care staff member on-site (in each building) during all hours of
operation who is currently trained in the management of communicable
disease. (3) All child care staff members are to
be currently trained in child abuse and neglect recognition and prevention.
(a) Child abuse and neglect recognition and prevention
training is to be completed within the first sixty days of hire. (b) Until all required individuals are current in the
trainings, at a minimum, the center is to have at least one trained child care
staff member on-site (in each building) during all hours of operation who meets
this requirement. (4) Trainings shall meet course and
trainer requirements in appendix A to this rule. (5) If a child care staff member meets
the trainer requirements in appendix A to this rule for a health training, that
person is considered to meet the training requirement for that health training
pursuant to paragraphs (A)(1) and (A)(2) of this rule. (6) Audiovisual or electronic media
training shall not be used to meet the CPR training requirement pursuant to
paragraph (A)(1) of this rule unless there is also an in-person component of
the training. (B) What are the ongoing professional development training
requirements for the administrator and child care staff members? (1) Complete a minimum of
six clock hours of training annually each fiscal year. The fiscal year is
defined as July first through June thirtieth. (a) Training topics include those listed in appendix B to this
rule. (b) Health trainings taken pursuant to paragraph (A) of this rule
may not be used to meet the professional development training
requirements. (c) Audiovisual or electronic media training may be used to meet
the required six hours of annual training. (2) Child care staff
members hired between January first and June thirtieth of each year are not
required to complete the professional development requirements until the
following fiscal year. (3) A person designated and employed as a
substitute child care staff member is not required to meet the professional
development requirements. When the substitute child care staff member is used
more than ninety days annually between July first and June thirtieth,
professional development requirements are to be met. The center is responsible
for documenting the number of days the substitute child care staff member
worked for a period of eighteen months. (C) What verification is needed on file at the center to document
the completed training? (1) The health trainings
shall be documented by one of the following: (a) Verification from the Ohio professional registry
(OPR). (b) The JFS 01276 "Health Training Documentation for Child
Care". (c) Training cards or certificates issued by the training
organization. (2) The on-going
professional development shall be documented by one of the
following: (a) Verification from the OPR. (b) Transcript of completion of college courses from an
accredited university, college, or technical college. (i) One quarter credit
hour equals ten clock hours of training. (ii) One semester credit
hour equals fifteen clock hours of training. (c) The JFS 01307 "Professional Development Documentation
for Child Care." (d) Certificates indicating continuing education units (CEU). One
CEU equals ten clock hours of training. (e) Certificates issued by Ohio child welfare training
centers. (3) A child care center administrator or
owner shall, within five business days, provide current staff with copies of
their training documentation upon request or upon separation from employment
for any records not verified in the OPR.
View AppendixView Appendix
Last updated October 29, 2021 at 8:33 AM
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Rule 5101:2-12-11 | Indoor and outdoor space requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the indoor space
requirements for a center? (1) There shall be at
least thirty-five square feet of usable wall-to-wall indoor floor space for
each child the center is licensed to serve. (2) Usable indoor floor
space shall not include bathrooms, hallways, storage rooms or other areas not
available or not used for child care. (3) Bathrooms may be included if they are
used exclusively by children enrolled in the center. (4) Areas included in the center's
square footage shall be exclusively available for child care during all
operating hours of the child care program. (5) If the center is in a
shared building, the center may identify a back-up space that is available for
use on days the primary space is not available. When the back-up space is
utilized, the space shall only be used for child care during that time and
shall have building and fire approval. (6) The public may use areas such as
entry ways, hallways, bathrooms and other areas normally available for public
use if such access does not constitute a risk or hazard to the health and
safety of the children in care. (7) The calculation of indoor space may
include hallways, kitchens, storage areas and bathrooms not used exclusively by
children and other areas not available for child care if either of the
following apply: (a) The center's license has been maintained since September
1, 1986; or (b) A new license was issued due to the change of ownership of
the center that was previously licensed prior to September 1,
1986. (8) Dividers may be used
to divide a room into smaller spaces to serve additional groups of children,
provided the center ensures that the space maintains the indoor space square
footage requirement pursuant to paragraph (A)(1) of this rule. If used, dividers are to: (a) Meet any requirements set by the department of
commerce, local building department, state fire marshal or local fire safety
inspector. (b) Be made of non-porous material or other material that
can be cleaned and sanitized. (B) What are the additional space requirements for areas where
there are groups that include children who are less than two and one half years
of age? The space shall: (1) Be separate from
space being used for groups of children two and one half years old and
older. (2) Be approved by the
Ohio department of job and family services (ODJFS) prior to use for the care of
children younger than two and one half years of age. (3) Provide at least
thirty-five square feet of floor space for each child per room or
area. (4) Be defined by a continuous permanent
or non-permanent barrier that is at least thirty-six inches in
height. (C) What are the on-site outdoor space requirements for a
center? (1) The center shall have
an on-site outdoor space that: (a) Provides at least sixty square feet of usable space per child
using the area at one time. (b) Is located away from traffic or protected from traffic or
animals by a continuous fence in good condition with functioning gates or a
continuous natural barrier or a combination of fence and natural barrier. The
fence or natural barrier shall ensure that children are not able to leave the
outdoor play area unsupervised and shall ensure that any hazards from the
outside cannot enter the outdoor play area without the staff being aware of
them. Examples of natural barriers include, but are not limited to space, dense
hedges, walls, permanently anchored dividers or partitions. A playground on the
premises that is regulated by another state agency is exempt from this
requirement. (c) Has functional latches on gates which cannot be easily opened
by young children if gates are used. Gates shall not be locked when children
are present at the center. (d) Provides access to bathroom facilities and drinking water
during play times. (e) Is free of foreign objects and trash during times children
are outside playing. A trash can with a lid is permitted in the play area if it
is emptied daily and kept in clean condition. (f) Provides a shaded area. The shade may be naturally occurring
from trees, building, or overhangs. The center may also install lawn umbrellas
that are securely anchored or other structures that provide shade in a safe
manner. (2) Bodies of water
(other than water tables designed for children to play in only with their
hands) shall be separated from the play area by a fence or other physical
barrier (the center door only is not a sufficient barrier) that prevents
children from accessing the water. (3) The play area(s) and equipment shall
be inspected quarterly by the administrator or designee during the months that
the program is in operation. The inspection shall be documented on the JFS
01281 "Child Care Playground Inspection Report" and kept on file for
one year. (D) What are the exemptions for having an on-site outdoor
space? (1) A center may be
exempt if both of the following apply: (a) The center has an indoor recreation area that has a minimum
of one thousand four hundred forty square feet of space that is separate from
the indoor space required by this rule and is regularly available and scheduled
for daily use. (b) There is a safe park or play area regularly available,
scheduled for daily use in suitable weather and approved by the ODJFS. Access
to this area shall be safe and convenient, and children shall be closely
supervised during play and when going to and from the area. (2) A center approved to
use an off-site area may use the play space regardless of change of ownership
unless it is determined, upon inspection, that the area or its accessibility is
unsafe. (E) What are the requirements for on-site and off-site outdoor
equipment? (1) Outdoor equipment, whether stationary
or portable, shall be safe and designed to meet the developmental needs of all
of the age groups of children using the space. (2) Equipment, such as, but not limited
to, climbing gyms, swings, and slides shall: (a) Be placed out of the path of the area's main traffic
pattern. (b) Be anchored or stable and have all parts in good working
order and securely fastened. (c) Have all climbing ropes anchored at both ends and not capable
of looping back on themselves creating a loop with an interior perimeter of
five inches or greater. (d) Have "S" hooks that are closed in order to prevent
the chain from slipping off of the hook and prevents strangulation if they are
used. (e) Be free of rust, cracks, holes, splinters, sharp points or
edges, chipped or peeling paint, lead hazards, toxic substances, protruding
bolts, or tripping hazards. (f) Have no openings that are greater than three and one half
inches, but less than nine inches to avoid entrapment of the head or other body
parts. (g) Have protected barriers on platforms that are thirty inches
high or higher. A protective barrier means an enclosing device around an
elevated platform that is intended to prevent both inadvertent and deliberate
attempts to pass through the device. (h) Be assembled, installed and utilized according to
manufacturer's guidelines. (3) Functionally linked
play equipment may be used if each piece of the adjacent equipment is not more
than twelve inches apart for preschool-age children or eighteen inches apart
for school-age children. Functionally linked play equipment means two or more
play structures designed and installed adjacently to create one integral unit
that provides more than one play activity for children. (4) Sandboxes shall be covered with a lid
or other covering when the program is closed. For programs operating
twenty-four hours per day, this means sandboxes are covered during non-daylight
hours. (F) What are the requirements for a fall zone? (1) Outdoor play
equipment designated for climbing, swinging, balancing and sliding shall have a
fall zone of protective resilient material on the ground under and around the
equipment. (a) The material may be one of the following, but not limited to,
washed pea gravel, mulch, sand, wood chips or synthetic material such as rubber
mats or tiles manufactured for this purpose. (b) Equipment shall not be placed directly over concrete,
asphalt, blacktop, dirt, rocks, grass or any other hard surface. (c) Synthetic surfaces shall follow manufacturer's
guidelines for depth. (d) Protective resilient material depth for equipment shall be
appropriate for the height and type of equipment as specified in appendix A to
this rule. (e) All loose fill materials, such as mulch, sand, wood chips,
washed pea gravel shall be raked, as needed to retain their proper distribution
and depth. Foreign materials are to be removed prior to use by
children. (2) All space around
equipment designed for or observed being used for climbing, swinging, balancing
or sliding shall extend a minimum of six feet in all directions from the
perimeter of the equipment or a minimum of three feet in all directions if the
equipment is exclusively used by children six months to twenty-three months of
age. (a) The fall zone for moving or swinging equipment is measured
from the point of furthest extension. (b) The fall zone between two stationary pieces of equipment
shall be a minimum of nine feet. For equipment exclusively used by children six
months to twenty-three months of age, the fall zone requirement is four and
one-half feet. (c) Fall zones shall be kept clear of all obstacles that children
could run into or fall on top of including retaining devices such as, but not
limited to, fencing, walls, landscape timbers and mulch retaining
walls. (d) Equipment used for climbing shall not be placed over carpet
or mats that are not intended for use as surfacing for climbing
equipment. (3) Centers licensed as
of January 1, 2007 that have fall zones meeting the requirements listed in
paragraph (F)(1) of this rule are exempt from the requirements of (F)(2) of
this rule, unless stationary equipment designed for or are observed being used
for climbing, swinging, bouncing or sliding is added, replaced or relocated.
When this type of equipment is added, replaced or relocated the center is to
comply with the requirements of paragraphs (F)(1) and (F)(2) of this rule for
all pieces of equipment designed or observed used for climbing, swinging,
bouncing or sliding on that playground.
View Appendix
Last updated October 29, 2021 at 8:34 AM
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Rule 5101:2-12-12 | Safe equipment and environment for a licensed child care center.
(A) What are the safe equipment
requirements for a licensed child care center? (1) Equipment, materials,
and furniture shall be sturdy, safe, and easy to clean and maintain. They shall
also be free of sharp points or corners, splinters, or protruding nails; loose
or rusty parts; peeling or chipping paint; or other hazardous
features. (2) Furniture, equipment
and materials which are not usable due to breakage or being a hazard shall be
removed immediately and stored away from children until repaired or
replaced. (3) Air conditioners,
heat pumps, electric fans and space heaters shall be mounted or placed out of
the children's reach or have safeguards which prevent children from being
injured. All heaters utilized by the child care center shall be approved in
writing by the fire department and/or the building department. (4) Indoor swings
(excluding infant swings), slides, climbers, and climbing apparatuses shall not
be placed over carpet, concrete, tile, or any similarly hard surface. There
shall be shock absorbent protective covering under and around this equipment.
If climbing equipment is over three feet high, landing mats at least one and
one half inches thick shall be used. The protective covering shall be used and
placed according to manufacturers' guidelines. (5) All children's equipment shall
be used in accordance with the manufacturer's guidelines. (6) Trampolines, ball pits, and
inflatable play equipment intended for climbing and bouncing, including but not
limited to slides and bounce houses shall not be permitted for use at the
center. (B) What are the safe environment
requirements for a licensed child care center? (1) Weapons, firearms and
ammunition materials shall not be on the premises. Weapons and firearms include
air rifles, hunting slingshots and any other projectile weapon. (2) Each of the following
groups will be permitted to have the following weapons in a child care center,
unless specifically not permitted by the child care center owner. Although
permitted to be in the program, the weapons shall not be accessible to
children. (a) Handguns may be carried by an individual with a valid
concealed handgun license and must be kept out of sight of the
children. (b) Weapons may be carried by an active duty member of the U.S.
armed forces if also carrying valid military identification and documentation
of successful completion of firearms training that meets or exceeds the
training requirements described in division (G)(1) of section 2923.125 of the
Revised Code. (c) Weapons may be carried by a law enforcement official who can
document that his or her jurisdiction requires ready and immediate access to
the weapon. (3) Illegal drugs and substances shall
not be on the premises. Alcohol shall only be kept in areas not approved or
used for child care. (4) In accordance with section 2923.1212
of the Revised Code, the center shall post a sign that contains a statement in
substantially the following form: "Unless otherwise authorized by law,
pursuant to the Ohio Revised Code, no person shall knowingly possess, have
under the person's control, convey or attempt to convey a deadly weapon or
dangerous ordinance onto these premises." (5) The center shall maintain an indoor
temperature of at least sixty-five degrees Fahrenheit. If the center's
indoor temperature exceeds eighty-five degrees Fahrenheit, ventilation that
produces air movement or air conditioning shall be provided. (6) Children in care shall be protected
from any items and conditions which threaten their health, safety, and well
being, including but not limited to: stoves, bodies of water, window covering
pull cords, telephone cords, electrical cords, extension cords, lead hazards,
asbestos, wells, traffic, employee's personal belongings and other
environmental hazards and dangerous situations. If a potential lead hazard is
identified, ODJFS will make a referral to the appropriate agency. (7) If area rugs are used, they shall
have a nonskid backing and floor surfaces shall be maintained to not cause a
tripping hazard. (8) Toys or other materials small enough
to be swallowed shall be kept out of the reach of infants and
toddlers. (9) Cleaning and sanitizing equipment and
supplies shall be stored in a space that is inaccessible to children. Cleaning
agents, aerosol cans and all other chemical substances shall be stored in a
designated area in their original containers and/or clearly
labeled. (a) School-age children may use cleaning equipment,
supplies, and cleaning agents with adult supervision. (b) The cleaning equipment, supplies, and cleaning agents
may be accessible in spaces only used by school-age children. (10) Mercury thermometers shall not be
used. (11) Electrical outlets, including surge
protectors, within the reach of children shall have child proof receptacle
covers when not in use unless designed with safety guards, except for space
used only by school-age children. (12) Renovations and remodeling to areas
in which child care is provided shall be conducted in a safe manner to ensure
that lead poison hazards are not introduced into the environment as required by
Chapter 3742. of the Revised Code. (13) Unless toilets and sinks are of
suitable height for use by the children, the center shall provide a sturdy,
nonslip platform on which the children may stand. (14) Lawnmowers, sharp tools, machinery
and other equipment shall not be used or stored where children have access to
them. (15) All areas used by children shall be
ventilated and shall provide protection from rodents, insects and other
hazards. (16) Aerosol spray products shall not be
used in rooms where children are in attendance. (C) What are the regulations for having
pets in a licensed child care center? (1) Pets and animals
shall be permitted if they present no apparent threat to the safety or health
of the children. (2) All pets shall be
properly housed, cared for, licensed and inoculated. All local and state
ordinances governing the keeping of animals (exotic or domesticated) shall be
followed and updated as required. Verification of license and compliance with
local and state requirements and inoculations, for each pet requiring such
license or inoculations, or regulated by local or state government shall be on
file at the center. (3) Children shall not be
directly exposed to animal urine or feces inside the program or in the outdoor
play area.
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Rule 5101:2-12-13 | Sanitary equipment and environment for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements to provide
and maintain a clean environment, furniture, materials, and equipment in a
licensed child care center? (1) Toilet tissue, liquid
soap, running water, and individually assigned towels, disposable towels or air
dryers shall be provided in all bathrooms. Toilets and bathroom sinks shall be
in good working condition. Toilets shall be flushed after each
use. (2) Equipment,
furnishings, and materials shall be constructed of materials to facilitate
cleaning. (3) Accumulated trash and
garbage are not to be stored in an area that has been approved for child
care. (4) The center shall be
cleaned daily and kept in a sanitary condition at all times. Cleaning and
sanitizing shall not take place while rooms are occupied by children, except
for general cleanup activities such as sweeping, vacuuming, mopping and wiping
off tables which are part of the daily routine. The cleaning and sanitizing
schedule contained in appendix A to this rule shall be followed. (5) The premises shall be
kept clean to prevent an infestation by insects or rodents. (6) If the center's
water is not publicly supplied, the center shall contact the Ohio environmental
protection agency (EPA) to determine if it qualifies as a public water
system. (a) If the water supply qualifies as a public water system, the
center shall comply with the Ohio EPA requirements. (b) If the water supply does not qualify as a public water
system, the center shall contact the local health department to have the water
tested and follow any additional requirements requested by the health
department. The center shall retain a copy of the water test and make it
available upon request. (7) On-site sewage
disposal systems shall not present a public health hazard. (B) What are the handwashing requirements
for a center? (1) Handwashing shall
occur in a handwashing sink. (2) Commercially
manufactured non-permanent sinks may be used if fresh water and waste water are
inaccessible to children and disposed of in a sanitary manner. (3) Handwashing requirements for center
child care staff members, employees and children are detailed in appendix B to
this rule. (C) What are the requirements for a smoke
free environment in a center? The center shall provide a smoke free environment
for the children during the hours that child care is being provided as detailed
in appendix C to this rule and be in compliance with the smoking ban pursuant
to section 3794.02 of the Revised Code. (D) What are the requirements for
toothbrushing in a center? Centers who provide toothbrushing shall: (1) Label each toothbrush
with child's name and store with bristles to air dry in such a way that
the toothbrushes cannot contact or drip on each other and the bristles are not
in contact with any surface. (2) Ensure that when a
single tube of toothpaste is used for more than one child a pea sized amount
shall be dispensed onto a clean piece of paper or paper product for each
child. (3) Discard and replace
toothbrushes every three months or if the toothbrush becomes
contaminated.
View AppendixView AppendixView Appendix
Last updated October 29, 2021 at 8:34 AM
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Rule 5101:2-12-14 | Transportation and field trip safety for a licensed child care center.
Effective:
October 29, 2021
(A) What is to be available on all trips,
including routine walking trips? The center is to: (1) Have written and
signed permission from the parent before transporting or escorting a child away
from the center for field trips and routine trips as detailed in appendix A to
this rule. The permission slips are to be kept on file at the center for one
year from the date of the trip. (2) Attach to each child
on a routine or field trip, except children being transported only to and from
school or to and from home, identification containing the center's name,
address, and a telephone number to contact in the event the child becomes
lost. (3) Have a completed copy of the JFS
01234 "Child Enrollment and Health Information for Child Care" for
each child on the trip, except routine walks. (4) Have first aid supplies as required
by rule 5101:2-12-16 of the Administrative Code. (5) Have the completed JFS 01236
"Child Medical/Physical Care Plan for Child Care" for any child who
has a health condition which could need medication, special procedures or
precautions during the course of the trip. The center is also to take supplies
needed to provide such treatment and medications that may need to be
administered during the trip. (6) Have a working cellular phone or
other means of immediate communication. Cellular phones are not to be used by a
driver while the vehicle is in motion. (7) Ensure that the child care staff
member responsible for each child on the field trip maintains a written record
of which vehicle each child is being transported in and the cellular phone
number of the adult in that vehicle who could be contacted in an
emergency. (8) Ensure that a person trained in
cardiopulmonary resuscitation (CPR), first aid and management of communicable
disease in accordance with rule 5101:2-12-10 of the Administrative Code is
present in the vehicle for routine trips and field trips and at the destination
on all field trips. More than one person may be used to meet this
requirement. (9) Ensure that if the vehicle used to
transport children is manufactured with seat belts, they are to be utilized by
adults and children, no more than one person may be strapped in each seat belt.
Children or adults are not to be permitted to stand in a moving vehicle, sit on
the floor or ride in a vehicle where all seats are not securely
anchored. (10) Not leave children in the vehicle
when it is being refueled except when a trip is of such a length as to need
refueling after starting with a full tank. (B) What are the ratio and supervision
requirements for trips, including routine walking trips? (1) The staff/child ratio
requirements of rule 5101:2-12-18 of the Administrative Code are to be met on
field trips and routine trips. Children are to be assigned to specific child
care staff members for all field trips. (2) Parents, guardians or
adults authorized by the center may be drivers on field trips as long as
staff/child ratio requirements are met at the destination. (3) One additional adult
is to be present in the vehicle whenever five or more children are being
transported and one or more of the children are infants. (4) One additional adult
is to be present in the vehicle when there are seven or more children being
transported and no infants are present. (5) One additional adult is to be present
in the vehicle when there are ten or more school-age children, or the driver is
to have a means of immediate communication, such as a cellular phone, to summon
an additional adult when only school-age children are transported in one
vehicle. (6) The additional adult in the vehicle
may be the driver, parent or volunteer. (7) The vehicle is to be checked at
completion of each trip to ensure that no child has been left on the
vehicle. (8) During routine
walking trips or walking field trips, one additional adult is to be present
when there are five or more infants or a combination of seven or more toddlers,
preschool and school-age children or for ten or more school-age children if the
group of children on the walking trip includes only school-age
children. (9) While children are
being transported from their homes or schools directly to the center or from
the center directly to their homes or schools, the children are not to count in
the center's capacity. (C) What are the driver requirements for employees and
child care staff members of the center? (1) The employee or child
care staff member driver is to: (a) Be at least eighteen years old. (b) Hold a currently valid driver's license required
for the type of vehicle driven in accordance with Ohio law. (i) A copy of each
driver's current driver's license is to be kept on file at the
center. (ii) The center is
responsible for ensuring that the copy of the driver's license on file is
kept current. (c) Be free from the influence of any substance which could
impair driving abilities. (d) Ensure that all passengers, which includes the driver,
adhere to the state of Ohio's child restraint law found in section 4511.81
of the Revised Code when transporting children in care. (e) Not allow children under twelve years of age to ride in
the front seat of any vehicle. (f) See that each child safely boards and exits the vehicle
from the curb side of the street whenever physically possible and out of the
path of moving vehicles. Drop off or pick up at which it is not possible to
board and exit from the curb side is to be conducted in a safe manner and with
close supervision by the child care staff member responsible for the
children. (g) Complete the Ohio department of job and family services
(ODJFS) child care transportation training in the Ohio professional registry
(OPR). (i) A trained child care
staff member is not required in the vehicle on field trips when parents are
providing the transportation. (ii) A trained child care
staff member is not required when public transportation is being utilized or if
the school district is providing transportation to or from the center
. (h) Practice the emergency exiting procedures. (i) The emergency
exiting procedures are to be practiced with the children on a monthly
basis. (ii) This practice is to
occur during months that the vehicle is used for transporting children and is
to take place on the center's premises or another safe location that is
protected from traffic and other hazards to ensure the safety of the children
involved. (iii) A written record is
to be kept of the dates when the emergency exiting procedure was practiced and
the staff that were involved. (2) Parents, who are not
employed by the center, who use their vehicles for transportation to occasional
field trips do not have to meet the requirements of paragraph (C) of this rule.
For the purposes of this rule, "occasional" means three or fewer
times per calendar year. (3) The requirements
outlined in paragraph (C) of this rule do not apply to public transportation
drivers or companies contracted by the program and who are not employees or
child care staff members. (4) Training for
transportation is to be documented in the OPR or kept on file at the center in
the employee's or child care staff member's file for review by the
ODJFS. (D) What are the vehicle requirements for the
center? (1) Any vehicle operated
by the center or driven by an employee or child care staff member to transport
children for routine trips or field trips is to be mechanically safe at all
times. (2) Requirements for
center vehicles used for transportation of children are listed in appendix B to
this rule. (3) The personal vehicles driven by
parents who are not employed by the center are not required to meet the
requirements of paragraph (E) of this rule. (E) When are vehicles used for transporting children to be
inspected? The vehicles used for transporting children are
to be inspected weekly by child care center staff and annually by an automotive
service excellence (ASE) certified mechanic, federal motor carrier safety
administration (FMCSA) safety inspector, or the Ohio state highway
patrol. (1) The center is to
maintain documentation that staff have performed weekly inspections followed by
any necessary repairs or other appropriate actions, for the following
items: (a) A visual inspection of the vehicle's tires for
wear and adequate pressure. (b) A visual inspection for working headlights and
taillights, signals, mirrors, wiper blades and dash gauges. (c) An inspection for properly functioning child and driver
restraints. (d) An inspection for properly functioning doors and
windows. (e) An inspection for, and cleaning of, debris from the
vehicle's interior. (2) The annual safety
check is to be completed and approved prior to the use of any vehicle for
transporting children, except that a new vehicle purchased directly from the
dealer is to have the safety check completed before one year from the date of
purchase. The bill of sale from the vehicle purchase is to be maintained on
file at the center to verify compliance. (a) Verification of the safety check is to be documented on
the JFS 01230 "Vehicle Inspection Report for Child Care" and include
notation and correction of any safety violation, and is to be maintained on
file at the center for review by the ODJFS. (b) A vehicle sticker issued from the Ohio state highway
patrol indicating the vehicle has passed a school bus or personal vehicle
inspection may be used to meet the annual safety check
requirement. (c) School buses and multifunction school activity buses
which are inspected and licensed by the Ohio state highway patrol are exempt
from the annual safety check required in this rule. The center is to prepare
the buses before each trip following the Ohio department of education's
operational and safety rules of Chapter 3301-83 of the Administrative
Code.
View AppendixView Appendix
Last updated October 29, 2021 at 8:35 AM
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Rule 5101:2-12-15 | Child record requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for the
JFS 01234 "Child Enrollment and Health Information" for a licensed
child care center? The center shall: (1) Have a completed JFS
01234 on file for each child by the first day of attendance. (2) Ensure the JFS 01234 is reviewed at
least annually by the parent and updated as needed when information changes.
The parent and administrator shall initial and date the form when the
information is reviewed or updated. (3) Send the child's
JFS 01234 with any child who is being transported for emergency
assistance. (4) Maintain a current copy of the
completed JFS 01234 for each child in care in a location that can be easily and
quickly accessed and removed from the center if there is an emergency that
requires the children to be moved to another location. (B) What are the child medical statement
requirements for a licensed child care center? (1) The center shall
secure and have on file verification of a medical examination for each child.
Children who attend a grade of kindergarten and above in an elementary school
are exempt from this requirement. (2) The medical statement shall be on
file at the center within thirty days of the child's first day of
attendance and updated every thirteen months thereafter from the date of the
examination. (3) The medical statement shall contain
the following information: (a) The child's name and birth date. (b) The date of the medical examination, which is to be no more
than thirteen months prior to the date the form is signed. (c) A statement that the child has been examined and is in
suitable condition for participation in group care. (d) The signature, business address and telephone number of the
physician, as defined in Chapter 4731. of the Revised Code, physician's
assistant (PA), advanced practice registered nurse (APRN) or certified nurse
practitioner (CNP) who examined the child. (e) A record of the immunizations that the child has had,
specifying the month, day and year of each immunization. This record may be an
attachment to the medical statement. (f) A statement from the physician, PA, APRN, or CNP that the
child has been immunized or is in the process of being immunized against the
diseases required by division 5104.014 of the Revised Code and found in
appendix A to this rule or a statement that the child meets one of the
following: (i) A statement from a
physician, PA, APRN, or CNP that an immunization against the disease is
medically contraindicated for the child. (ii) A statement from a
physician, PA, APRN, or CNP that an immunization against the disease is not
medically appropriate for the child's age. (iii) A statement from the child's parent that he or she has
declined to have the child immunized against the disease for reasons of
conscience, including religious convictions. (C) What are the health care plan
requirements for caring for children with a specific health condition in a
licensed child care center? (1) The JFS 01236 "Medical/Physical
Care Plan for Child Care" is to be used for children with a condition or
diagnosis that require the following: (a) Monitoring the child for symptoms which require the staff to
take action. (b) Ongoing administration of medication or medical foods.
Medical food means food that is formulated to be consumed under the supervision
of a physician, PA, APRN, or CNP and which is intended for the specific dietary
management of a disease or condition. (c) Administering procedures which require staff to be
trained on those procedures. (d) Avoiding specific food(s), environmental conditions or
activities. (e) A school-age child to carry and administer their own
emergency medication. (2) The center is to: (a) Ensure that there is a completed JFS 01236 for each
condition per child. (b) Ensure that all child care staff members who are
trained to perform the medical procedure have signed the JFS 01236.
(c) Ensure that there is at least one child care staff
member caring for the child at all times who has signed the JFS 01236 on the
child's condition. This includes on-site at field trips. (d) Implement and follow all requirements of each
child's JFS 01236. (e) Keep each JFS 01236 in a location that can be easily
and quickly accessed, including being removed from the center if there is an
emergency that requires the children to be moved to another
location. (3) The JFS 01236 shall be reviewed by
the parent at least annually and updated as needed, including an updated list
of trained staff members, if applicable. The parent and administrator shall
initial and date the form when the information is reviewed or
updated. (4) The JFS 01236 shall be on file with
the center by the first day of attendance or upon confirmation of a health
condition. (5) If the center suspects that a child
has a health condition, the center may require a physician's statement
within a designated timeframe. (6) Only staff members trained on the
child's needs and required procedures shall be permitted to perform
medical procedures or other action needed for a health condition or special
need. (D) What information regarding children's records can be
shared? Children's records shall be confidential but
shall be available to the Ohio department of job and family services for the
purpose of administering Chapter 5104. of the Revised Code and Chapter
5101:2-12 of the Administrative Code. The immunization records shall be subject
to review by the Ohio department of health (ODH) for disease outbreak control
and for immunization level assessment purposes. (E) How long are child records to be kept
on file at the center? All child medical statements, JFS 01217
"Request for Administration of Medication for Child Care," JFS 01234
and JFS 01236 as well as all written permission from parents or physicians are
to be kept on file for twelve months from the date the form is signed or
updated, whichever is later, even if the child no longer attends the program or
the form is no longer required for the child.
View Appendix
Last updated October 29, 2021 at 8:35 AM
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Rule 5101:2-12-16 | Emergency and health-related plans for a licensed child care center.
Effective:
October 29, 2021
(A) What are the medical, dental, and
general emergency requirements for a licensed child care center? The center shall: (1) Have a written plan
for medical or dental emergencies on the JFS 01242 "Medical, Dental and
General Emergency Plan for Child Care." The plan shall be completed,
implemented when necessary, and shall be posted, readily in view in each
classroom and other spaces used by the children. (2) Complete the JFS
01201 "Dental First Aid" and post in a location readily available to
center staff and parents. (3) Post a weather alert
plan that includes the details listed in paragraph (H) of this rule and a fire
plan in each classroom and other spaces used by the children. The plan shall
include a diagram indicating evacuation routes. (4) Conduct monthly fire
drills at varying times. Written documentation of these drills shall be kept
on-site. (5) Conduct monthly
weather emergency drills in the months March through September. Written
documentation of these drills shall be kept on-site. (6) Conduct
emergency/lockdown drills in each quarter of the calendar year. Written
documentation of these drills shall be kept on-site. (B) What are the first aid kit
requirements for a licensed child care center? (1) The first aid kit
shall be kept in a clearly marked, unlocked container out of the reach of
children. (2) One complete kit shall be readily
available for every seventy-five children at the center. Centers that operate
on separate floors or separate buildings shall have a complete kit on each
floor and in each building. (3) The first-aid
container shall contain all of the items listed in appendix A to this
rule. (C) What are the specific procedures the
licensed child care center needs to follow for standard
precautions? (1) Blood spills shall be
treated cautiously and decontaminated promptly. Disposable vinyl gloves shall
be worn during contact with blood or bodily fluids which contain blood, such as
vomit or feces in which blood can be seen. (2) Surfaces contaminated
with blood or bodily fluids containing blood shall first be cleaned with hot,
soapy water and then sanitized with an appropriate bleach solution which is
prepared on a daily basis, according to product guidelines, or other acceptable
disinfectant solution which is environmental protection agency (EPA) rated as
hospital disinfectant with a label claim for mycobactericidal
activity. (3) Disposal of materials that contain
blood requires a sealable, leakproof plastic bag or double bagging in plastic
bags that are securely tied. (4) Non-disposable items, such as
clothing that contain blood, shall be placed in a sealable, leakproof plastic
bag or double bagged in plastic bags that are securely tied and sent home with
the child. (5) Sharp items used for procedures on
children with special care needs, such as lancets for finger sticks or
syringes, require a disposable container called a "sharps container."
This is a container made out of durable, rigid material which safely stores the
lancets or needles until they are disposed of properly. Sharps containers must
be stored out of the reach of children. (D) What are the communicable disease
requirements for a licensed child care center? (1) Any child enrolled
and attending the center with signs or symptoms of illness listed in appendix B
to this rule shall be immediately isolated and discharged to his parent or
guardian or person designated by the parent or guardian. (2) The JFS 08087
"Communicable Disease Chart" shall be posted in a location readily
available to parents, child care staff members and employees. The chart is to
be displayed in the size available in the Ohio department of job and family
services (ODJFS) forms central in order for individuals to easily read,
identify and respond to communicable diseases. (a) The center is to follow the requirements listed on the
JFS 08087. (b) If the communicable disease is required to be reported
to the local health department, the center is to report the communicable
disease to ODJFS in accordance with paragraph (G) of this rule by the end of
the next business day. (3) No later than the end of the next
business day, the center shall notify parents when their child has been exposed
to a communicable disease listed on the JFS 08087. (4) The center shall release employees
and child care staff members who have a communicable disease or who are unable
to perform their duties due to illness. (E) When shall a child care staff member
complete the JFS 01299 "Incident/Injury Report for Child Care"
? (1) Staff shall complete
the JFS 01299 and provide a copy to the child's parent or the person
picking up the child on the day of the incident or injury if: (a) A child becomes ill or receives an injury which requires
first aid treatment. (b) A child is transported in accordance with this rule to a
source of emergency assistance. (c) A child receives a bump or blow to the head. (d) An unusual or unexpected incident occurs which jeopardizes
the safety of a child or employee of a center, such as a child leaving the
center unattended, a vehicle accident with or without injuries or exposure of
children to a threatening person or situation. (2) Copies of the JFS 01299 shall be kept
on file at the center for at least one year and shall be available for review
by the Ohio department of job and family services (ODJFS). (F) What is a serious incident? (1) Death of a child at
the center. (2) An incident, injury, or illness that
requires professional medical consultation or treatment for a
child. (3) An unusual or unexpected incident
which jeopardizes the safety of a child, child care staff member or employee of
a center. (4) An incident defined as a serious risk
non-compliance in appendix A to rule 5101:2-12-03 of the Administrative
Code. (G) What does the center do if there is a serious
incident? (1) The center shall log
in to http://oclqs.force.com by the next business day to report the incident,
as defined in paragraph (F) of this rule. (2) This notification
does not replace reporting to the public children services agency (PCSA) if
there are concerns of child abuse and neglect as required by rule 5101:2-12-19
of the Administrative Code. (3) The center may print
the completed serious incident report in OCLQS and give to the parent to meet
the parent notification requirements of paragraph (E) of this
rule. (4) If a child is
transported by anyone other than a parent for emergency treatment, the
child's health and medical records required by rule 5101:2-12-15 of the
Administrative Code are to accompany the child. The center administrator or a
child care staff member is to stay with the child until the parent assumes
responsibility for the child's care. (H) What are the disaster plan requirements for a
center? The center is to develop a written disaster plan
and train child care staff members and employees on the plan annually. Written
documentation of this training is to be kept on-site. (1) The plan shall
include procedures that will be used to prepare for and respond to the
following types of emergency or disaster situations: (a) Weather emergencies and natural disasters which include
severe thunderstorms, tornadoes, flash flooding, major snowfall, blizzards, ice
storms or earthquakes. (b) Emergency outdoor or indoor lockdown or evacuation due to
threats of violence which includes active shooter, bioterrorism or
terrorism. (c) Emergency or disaster evacuations due to hazardous materials
and spills, gas leaks or bomb threats. (d) Outbreaks, epidemics or other infectious disease
emergencies. (e) Loss of power, water or heat. (f) Other threatening situations that may pose a health or safety
hazard to the children in the center. (2) The disaster plan is to include
details for: (a) Shelter in place or evacuation, how the center will care for
and account for the children until they can be reunited with the
parent. (b) Assisting infants and children with special needs and/or
health conditions. (c) Reunification with parents. (i) Emergency contact information for the parents and the
center. (ii) Procedures for notifying and communicating with parents
regarding the location of the children if evacuated. (iii) Procedures for communicating with parents during loss of
communications, no phone or internet service available. (d) The location of supplies and procedures for gathering
necessary supplies for staff and children if required to shelter in
place. (e) What to do if a disaster occurs during the transport of
children or when on a field trip or routine trip. (f) Making the plan available to all child care staff
members and employees. (g) Training of staff or reassignment of staff duties as
appropriate. (h) Updating the plan on a yearly basis. (i) Contact with local emergency management
officials.
View AppendixView Appendix
Last updated October 29, 2021 at 8:36 AM
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Rule 5101:2-12-17 | Programming and materials for a licensed child care center.
Effective:
October 29, 2021
(A) What are the programming requirements
for a licensed child care center? The requirements include: (1) Posting the daily
schedule for each age group in each classroom. (2) Providing
opportunities for both quiet and active play suitable to the developmental
levels and abilities of each child in care. (3) Providing activities
to promote the children's physical, social-emotional, cognitive and
language development. (4) Providing opportunities for periods
of child initiated activities such as, imaginative play, language development,
and creative activities. (5) Providing outdoor play in suitable
weather for any infant over twelve months of age, toddler, preschool, and
school-age child in attendance four or more consecutive daylight hours.
Suitable weather is at a minimum of twenty-five to ninety degrees
Fahrenheit. (6) Indoor gross motor play such as,
climbing, jumping, running, riding wheel toys, yoga, other physical fitness or
music and movement on days when outdoor play is not provided. (B) What materials and equipment are
required for a licensed child care center? The center shall: (1) Provide durable
furniture such as tables and chairs. This furniture shall be child sized or
safely adapted for use by children. (2) Provide
developmentally appropriate play materials to be used as part of the daily
schedule. These materials shall be readily accessible, and arranged in an
orderly manner so that children have opportunities to select, remove, and
replace play materials with minimal assistance during the day. (a) The center shall have materials from each category in
appendix A to this rule for infants, toddlers and preschool-age
children. (b) The center shall have materials from at least five of the
nine categories in appendix A to this rule for school-age
children. (3) Ensure that
equipment, materials, and furnishings provided for both indoor and outdoor play
are: (a) Varied and adequate to meet the developmental needs of the
children. (b) Sufficient in quantity that each child can be actively
involved in an activity. (4) Designate an area
where children can individually store their personal belongings. This area
shall not block walkways or evacuation routes. (5) Designate an area for
quiet activities.
View Appendix
Last updated October 29, 2021 at 8:36 AM
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Rule 5101:2-12-18 | Group size and ratios for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for
staff/child ratios and maximum group size for a licensed child care
center? (1) The center shall ensure that required
child care staff members/child ratios and maximum group size limitations are
maintained at all times in accordance with appendix A to this rule. The center
shall post appendix A to this rule in a noticeable area in the
center. (2) Child care staff members shall not be
counted in the staff/child ratio when engaged in duties or activities that
interfere with supervision of children. (3) There shall be at
least one other employee or child care staff member at the center if there are
seven or more children in the building. (4) Children shall be organized and
assigned to a permanent group in consultation with parents and in accordance
with the maximum group size detailed in appendix A to this rule. (5) A child with special needs shall be
included in the group that best meets the child's development
needs. (6) The center shall not exceed the
license capacity at any time. (a) Children on routine trips to and from home, do not count in
the center's capacity. (b) Children on routine trips, other than to and from home, and
on field trips do count in the center's capacity. (7) Group size limitations shall not be
interpreted to apply during nap time, evening sleep time, meal time, snack
time, outdoor play, field trips, routine trips or special
occasions. (B) What are the requirements when multiple age groups are
combined? (1) If two or more age
groups are combined, the staff/child ratio shall be maintained for the age of
the youngest child in the group. This includes when children are visiting the
next older age group for transitioning purposes. (2) If no more than one
child two and one-half years of age or older is permanently assigned to a group
in which all the other children are in the next older group, the staff/child
ratio and maximum group size shall be determined by the older
children. (3) All age groups may be combined when
there are twelve or fewer children in the center. (C) What are the requirements when
multiple groups are combined in a shared undivided space? Two or more groups of children may be combined in
the shared space if all of the following are met: (1) All of the children
are two and a half or older. (2) The total number does
not exceed the occupancy limit for the space or thirty-five square feet per
child (whichever is less). (3) Ratio is maintained
pursuant to this rule at all times. (D) What are the requirements for transitioning children into the
next age group? (1) The center shall have
available in the classrooms, a copy of a signed transition agreement between
the parent and the center. (2) Preschool children
may transition to the school-age group at the conclusion of the school year
before kindergarten and be counted as school-agers for ratio. (E) Can school-age only programs double ratio to allow access to
the program? (1) If the program serves
only school-age children, a group of school-age children may be left with only
one child care staff member while the other child care staff member leaves the
room to allow access to the program. (2) Both child care staff
members shall have a working communication device to contact each other while
one child care staff member is out of the room. (3) The child care staff
member shall return to the group after allowing access to the
program. (F) What are the requirements for child care centers to keep an
attendance record? (1) The program shall
have written documentation of the following for each child: (a) The name and birth date of the child. (b) The assigned group for the child. (c) The child's weekly schedule. (d) The time (hours and minutes) of the child's arrival and
departure to the program, including transportation by the program. Ohio's
automated child care system cannot be used to meet this written documentation
requirement. (e) The original written documentation shall be kept for a period
of one year. Attendance documentation shall remain at the center at all
times. (2) Each group shall have
a method for tracking the children in the group. This tracking method shall
include the child's name and date of birth and shall remain with the group
at all times throughout the day including outdoor play, emergency evacuations
and when groups are combined. The tracking shall be updated throughout the day
as children enter or leave the group.
View Appendix
Last updated October 29, 2021 at 8:37 AM
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Rule 5101:2-12-19 | Supervision of children and child guidance for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for
supervision by child care staff members? Each child care staff member shall: (1) Leave no child
unsupervised. Supervision means the child care staff members have knowledge of
a child's needs and accountability for his or her care at all times,
including but not limited to, developmental and behavioral needs and parental
preferences. Supervision includes awareness of and responsibility for the
activity of each child and being near enough to respond and reach children
immediately including responding to the child's basic needs and protecting
them from harm. (2) Ensure all children
in care are within sight and hearing of child care staff members at all times,
except as listed in paragraph (B) of this rule. Within sight and hearing means
without the use of mechanical devices such as baby monitors, video cameras or
walkie talkies. The use of mirrors to view children in another room does not
meet the supervision requirements of this rule. (3) Not be under the
influence of any substance that impairs the child care staff member's
ability to supervise children and/or perform duties. (4) Always have immediate
access to a working telephone on the premises which is available and capable of
making outgoing calls and receiving incoming calls. (5) Only release a child
to the parent or to a person who has been previously approved by the
parent. (6) Not permit children to be exposed to
inappropriate language or media. (7) Supervise outdoor play. (a) The child care staff member shall remain outdoors with the
children at all times. (b) The child care staff member shall be able to summon another
adult without leaving the group unsupervised. (c) When the outdoor play space is not on the premises, child
care staff members shall accompany and supervise all children in transit and at
the outdoor play space. (B) What are the requirements for supervision of school-age
children? (1) School-age children
may run errands inside the building, use the restroom, or engage in a short
term activity which poses no physical risk to their safety alone or in groups
of no more than six children without adult supervision as long as the following
conditions are met: (a) Children are within hearing distance of a child care staff
member, without the use of electronic equipment. (b) The child care staff member checks on the children who are in
kindergarten through third grade at least every five minutes until they return
to the group. (c) The child care staff member checks on the children in fourth
grade or higher at least every ten minutes until they return to the
group. (d) The center has exclusive use of the child care space being
used by the children. (2) With written parent
permission, school-age children may leave the center for specific
activities. (a) These activities include: (i) Walking to and from the center or school. (ii) Walking home or to another destination. (iii) Participation in activities inside the building that are
sponsored by another group. (b) The written permission shall specify: (i) Child's
name. (ii) Location of the
activity. (iii) Arrangements for
going to and from the activity. (iv) Start and end time
of the activity. (v) Time period for when
permission is given. (vi) Parent's
signature and date. (C) What are the child guidance techniques to be used in the
licensed child care center? (1) All employees shall
follow appendix A to this rule regarding guidance techniques to be used with
children. (2) The center shall
communicate and consult with the parent prior to implementing a specific
behavior management plan. This plan shall be in writing and signed by the
parent and shall be consistent with the requirements of this rule. (3) When a child is
expelled from the center for a behavioral reason, the expulsion is to be
reported in the Ohio child licensing and quality system (OCLQS) in accordance
with paragraph (G) of rule 5101:2-12-16 of the Administrative
Code. (D) What are the child abuse and/or
neglect reporting requirements? If the owner, administrator, employee or child
care staff member suspects that a child has been abused or neglected, he or she
shall immediately notify the public children services agency (PCSA).
View Appendix
Last updated October 29, 2021 at 8:37 AM
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Rule 5101:2-12-20 | Sleeping and napping requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the sleep and nap
requirements for a licensed child care center? (1) The licensed child
care center shall provide a quiet space for children who want to rest, nap, or
sleep. (2) Nap and rest time
shall be in accordance with the developmental needs of the child. (3) Rest or nap areas shall be lighted to
allow for visual supervision of all children at all times. (4) Any child who does
not fall asleep during a designated nap time shall have the opportunity to
engage in quiet activities. (5) Evacuation routes
shall not be blocked by resting or napping children. Each child shall have a
free and direct means of escape, and the provider shall have a clear path to
each resting child. (6) Cribs shall be
separated from the play space by a safe and sturdy physical barrier which does
not impair the ability of child care staff to supervise infants by sight and
hearing. Sight and hearing is when the child care staff can see the infants in
and out of their cribs and hear their sounds. The barrier shall provide for
safe accessibility. (7) Ratio may be doubled
for no more than two hours during nap time, and shall only be doubled if all of
the children in the group are on cots or on mats, if the group does not include
any infants and if there are enough child care staff members in the building to
meet staff/child ratio pursuant to rule 5101:2-12-18 of the Administrative Code
for the group. (B) What are the crib requirements for a licensed child care
center? (1) Unless the infant
meets the requirements of paragraph (D) of this rule, each infant in attendance
shall have a separate crib labeled with their name on it that meets the
following requirements: (a) Any crib manufactured before June 28, 2011 shall have a
certificate of compliance (COC) on file. The center may have to contact the
manufacturer of the crib to receive a COC if they do not request one from the
retailer when they purchase the crib. (b) Cribs with a documented manufacture date after June 28, 2011
have to meet the new federal standards to be sold, so they do not require a
COC. The date of manufacture shall be attached to the crib. (c) Cribs shall be used according to manufacturer's
instructions. (d) Each crib shall be of sturdy construction and
have: (i) Closely spaced bars
with corner posts that do not exceed one sixteenth of an inch above the top of
the end panel. (ii) Spaces between the
bars of the crib and between the bars and end panels of the crib shall not
exceed two and three-eighths inches. (e) Cribs shall be used with the mattress supports in their
lowest positions and the sides in the highest position. (f) Each crib shall have a firm mattress that is at least one and
one half inches thick. (g) The space between the mattress and the side or end panels of
the crib shall not exceed one and one-half inches. (h) Each mattress shall be securely covered with a waterproof
material which can be thoroughly sanitized and is not dangerous to children.
The waterproof cover shall be free of rips or tears. (i) Each mattress shall have a properly fitted clean sheet that
is changed at least weekly, when soiled, and before another child uses the
mattress. (2) Stacked cribs are
prohibited. (3) When cribs are in use
they shall be spaced apart from each other by a minimum of two feet on all
sides or the cribs shall be separated by a divider and have at least two feet
of space on two of the sides or ends of the crib. If a divider is used between
cribs, the divider shall meet all of the following requirements: (a) Be constructed so that staff may view children through or
around the divider. (b) Be unbreakable in normal use situations. (c) Be made of a non-porous material that can be easily
sanitized. (d) Extends up higher than an infant standing in a crib can reach
up and shall not impede child care staff members' ability to hear the
child. (4) Bumper pads shall not be
used. (5) Nothing shall be placed or hung over
the side that obstructs the provider's view of the infant. (6) Infants shall not be placed in cribs
with bibs or any other items which could pose a strangulation or suffocation
risk. (7) No blankets shall be in the crib for
infants under twelve months old. A one-piece sleeper or wearable blanket is
permitted. Only children who are not yet able to roll-over are permitted to be
swaddled using a wearable swaddling blanket. (8) The cribs may be placed in storage on
the premises if not currently assigned to an infant. (9) Infants shall be
placed in their cribs for sleeping, and shall not be allowed to sleep in
bassinets, swings, car seats or other equipment. If a medical condition exists
where a child needs to sleep in equipment other than a crib, written permission
shall be obtained from a physician and shall be on file. (10) Infants under twelve
months old shall be placed on their backs to sleep unless the parent provides
written authorization on the JFS 01235 "Sleep Position Waiver Statement
for Child Care" signed by the child's physician. The JFS 01235 shall
be maintained on file for review and is valid for one year. Infants who are
able to roll from back to front and front to back shall be placed initially on
their back for sleeping but allowed to remain in a position they
prefer. (11) Cribs assigned to a
child shall not be used for storage of toys and other materials. (C) What are the cot and mat requirements
for a licensed child care center? (1) A cot shall stand at least three
inches and not more than eighteen inches off the floor. The cot shall be firm
enough to support the child, but shall be resilient under pressure. Each cot
shall be at least thirty-six inches in length and at least as long as the child
assigned to the cot is tall. (2) A mat is a pad that is at least one
inch thick and at least as wide and long as the child using the
mat. (3) Children are only permitted to rest,
nap, or sleep on a cot or mat. (4) Centers that operate for fewer than
seven hours without a scheduled nap time are not required to have a cot or mat
for each preschool and school-age child. (D) When shall children stop using
cribs? (1) When the child is
able to climb out of the crib. (2) When the child
reaches the height of thirty-five inches. (3) An infant twelve
months or older may use a cot or mat with written permission from the
parent. (4) If the use of a crib
is considered hazardous for a child, regardless of age, the infant may use a
cot or mat with written permission from the parent.
Last updated October 29, 2021 at 8:37 AM
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Rule 5101:2-12-21 | Evening and overnight care for a licensed child care center.
Effective:
October 29, 2021
(A) When is a licensed child care center
considered to be providing evening and overnight care? Evening or overnight care is provided when
children are in attendance anytime between the hours of seven p.m. and six
a.m. (B) What is required when evening and
overnight care is provided? If a licensed child care center has evening or
overnight care, the following are required: (1) Child care staff members shall remain
awake at all times. (2) The center shall provide adequate
lighting indoors in all areas, including bathrooms, hallways, and sleeping
rooms to ensure that child care staff members are able to see all children at
all times. (3) The center shall ensure that parking
areas, outdoor walkways, and all building entrances be adequately lighted for
safety and security. (4) The center shall develop and follow bedtime routines in
consultation with the parents of the children. (5) The center shall provide a written security plan that ensures
that access to the center is limited to parents and guardians of children in
care and authorized persons. (6) The center shall provide sleeping arrangements so that
sleeping children are cared for separately from children who are awake, and so
that sleeping children are not disturbed by arrivals and
departures. (7) The center shall ensure areas where children sleep during
evening and overnight care are on the building's ground floor unless
another floor has been approved for the care of sleeping children by the local
fire official having jurisdiction. (C) What sanitary environment and
additional hygiene stipulations shall be followed by the center? The center shall: (1) Ensure that each
child who sleeps at the center for four or more hours has clean comfortable
sleeping clothes. (2) Ensure that child care staff members
assist children during washing and changing clothes according to
children's developmental needs. (3) Separate school-age boys from
school-age girls during washing and while changing clothes to ensure
privacy. (4) If the child has a bedtime routine occurring at the program,
ensure that each child has a clean, individual washcloth, towel and toothbrush,
as appropriate for the age of the child, and labeled with the child's
name. (5) Provide children access to running water, liquid soap and
toothpaste. (6) Ensure bathtubs and showers are equipped to prevent
slipping, if the center provides bathing. The center shall also have written
permission from the parent prior to allowing the child to bathe. (7) Ensure bathtubs and showers are cleaned and sanitized after
each use. The tub or showers do not have to be sanitized between uses if the
children are siblings and the parent has provided written consent. All children
shall bathe separately unless the children are siblings and the parent has
provided written consent that the children can be bathed together.
Last updated October 29, 2021 at 8:37 AM
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Rule 5101:2-12-22 | Meal preparation/nutritional requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for meals
and snacks in a licensed child care center? The center is to: (1) Serve varied,
nutritious, and appropriately timed meals and snacks as described in appendix A
to this rule. (2) Follow the portion
sizes and nutritional requirements for meals and snacks described in appendix B
to this rule. (3) Serve food that is
not a choking hazard, and that is developmentally appropriate in size, amount
and texture. (4) Provide meals and snacks according to
the posted current weekly menu, and spaced no more than four hours
apart. (a) The menus shall be posted in a visible place readily
accessible to parents. (b) The menus shall include all meals and snacks being served by
the center, any substitutions shall be noted at the time of the
change. (5) Serve only one hundred per cent,
undiluted fruit or vegetable juice, if used to meet the fruit or vegetable
requirement for meals and snacks. Other fruit or vegetable juice is permitted
as a beverage alternative. (6) Ensure that
supplemental food is on-site at the center and that no child goes more than
four hours without at least a snack or meal, except when sleeping. (7) Obtain a physician's written
instructions if administering a medical food to any child or if an entire food
group is eliminated. When special diets are required for cultural or religious
reasons, the center shall obtain written, dated and signed instructions from
the child's parent unless the special diet is part of a center
program. (8) Set its own policy regarding the
accommodation of a parent's alternate diet for a child when the center
provides the meal. The center shall ensure that any alternate diet, except
those required for religious, cultural, or medical reasons as specified in
paragraph (A)(7) of this rule, include items from each of the following food
groups: meat or meat alternative, grain, fruit/vegetable, and fluid
milk. (9) Provide for the safe storage of all
food, including milk (formula and breast milk for infants). If safe storage of
milk is not available on routine trips or field trips, milk may be served at
snack instead of at the meal. (10) Have provisions for safe storage of
parent provided food. (11) Have drinking water freely available
to children. If drinking fountains are used, there shall be sufficient water
pressure so that the child's mouth does not come in contact with the water
dispensing mechanism. (12) Ensure that individual servings or
individual packages of food or drink that have been served to a child are
discarded or sent home with the child if not consumed during meal or snack
time. Food or drink that is individually packaged and the package has not been
opened may be stored at the center to be served again or sent
home. (13) Not have screens (television,
computer, etc.) on during meals and snacks. (B) What requirements shall a center implement for safe,
independent self-feeding? The center shall ensure that: (1) Food is not served on bare tables.
Food for infants may be placed directly on an individual highchair tray if the
tray is removed, washed and sanitized in accordance with appendix A to rule
5101:2-12-13 of the Administrative Code. (2) Eating utensils and dishes are
suitable for the age and developmental level of the children.
View Appendix
Last updated October 29, 2021 at 8:38 AM
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Rule 5101:2-12-23 | Infant care and diaper care for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for infant
daily care? (1) The center
shall: (a) Allow infants to safely and comfortably sit, crawl, toddle,
walk and play according to the infant's stage of development. (b) Remove each infant from the crib, swing, infant seat,
exercise seat or other equipment throughout the day for individual
attention. (c) Provide each non-crawling infant the opportunity for tummy
time, outside of their crib, each day. (d) Maintain a daily written record for each infant that is
provided to the infant's parent or person picking up the infant on a daily
basis. The record shall include the following information: (i) Food
intake. (ii) Sleeping
patterns. (iii) Times and results
of diaper changes. (iv) Information about
daily activities. (2) Each infant shall be
removed from his or her crib for all feedings. Infants shall be held or fed
sitting up for bottled feedings. At no time shall a bottle be propped for an
infant. (B) What are the requirements for infant
bottle and food preparation? The center shall: (1) Prepare and serve
infant food in a manner appropriate to the developmental needs of each child.
The center shall introduce new foods only after consultation with the parent.
The center shall comply with written feeding instructions from the
infant's parent, physician, physician's assistant, or certified nurse
practitioner (CNP) which shall include the following: (a) Type of food and/or formula/breast milk. (b) Amount of food and/or formula/breast milk. (c) Feeding times or frequency of feedings. (2) Require the parent to
update the written feeding instructions as needed. (3) Not feed any foods, other than
formula or breast milk, to infants under four months of age, unless there is
written documentation on file from a physician, physician's assistant or
CNP. (4) Ensure that formula, breast milk, or
other liquids in a bottle are not heated in a microwave oven. (a) If formula or breast milk is to be warmed, bottles shall be
placed in a container of water not hotter than one hundred twenty degrees or be
placed in a commercial bottle warmer. The container of water shall be kept out
of reach of children and shall be emptied and cleaned each day. The bottle
shall be shaken well, and the formula or breast milk temperature tested before
feeding. (b) Frozen breast milk shall be thawed under cold running water
or in the refrigerator. (5) Ensure that the unused portion of
formula, breast milk or food remaining in a container from which the infant has
been directly fed shall not be reheated or served again. (6) If provider prepares infant formula
they shall do so according to the manufacturer's instructions or
instructions from the infant's physician, physician's assistant or
CNP. (7) Ensure that open containers of
ready-to-feed and concentrated formula shall be covered, dated and refrigerated
according to the manufacturer's instructions. Prepared formula and food
shall be discarded or sent home daily if not used. (8) Label all bottles or prepared food
with the infant's name and date of preparation. All formula shall be
refrigerated immediately after preparation or upon arrival if the formula is
prepared by the parent. All commercially prepared food shall be stored
according to the manufacturer's instructions and not served after the
expiration date. (9) Ensure that if breast milk is
provided by the parent, it shall be labeled with the infant's name, the
date pumped, and the date the bottle was prepared. Centers shall follow the
chart in appendix A to this rule for storing breast milk. (C) What are the requirements for
diapering? (1) Diapers shall be
changed immediately when wet or soiled. (2) Clothing shall be
changed immediately when wet or soiled. (3) When changing diapers
the center is to comply with the following: (a) The center shall wash all soiled areas of the child's
body with either a wash cloth, which is then appropriately sanitized, or a
disposable wipe. (b) If a diaper-changing surface is used to change more than one
child, the provider shall place a disposable separation material between the
child and the changing surface. A different separation material shall be used
for each diaper change. (c) If a diapering product is used on more than one
child: (i) The container shall
not touch the child to avoid cross contamination. (ii) The product shall be
administered to avoid cross contamination. (d) No child shall be left unattended on the diaper
changing table. (e) If restrooms are used for diapering, children who are
waiting for toileting and diapering shall not be placed or required to sit
directly on the floor. (f) If using gloves while diapering, the center is to use
non-latex gloves. (4) The center shall store and launder
soiled diapers or clothing as follows: (a) If soiled diapers or clothing are to be sent home with a
parent, the center shall store the diapers or clothing for no longer than one
day in an individual covered container or plastic bag away from the
child's belongings and out of the reach of children. (b) The center shall store soiled diapers and diapering
washcloths, which are to be laundered by the center, in a covered container
with sanitizing solution. (c) If soiled diapers are to be commercially laundered, the
center shall hold them for laundering pickup for no longer than seven
days. (d) The center shall store soiled disposable diapers in a
plastic-lined covered container that prevents hand contamination and is not
easily accessible to children and discard diapers daily or more frequently as
needed to eliminate odor. (e) If the center is laundering diapers, the center shall follow
the manufacturer's guidelines. (5) Toilet training shall occur based on
a child's readiness and consultation with the parent regarding practices
in the child's home. The center shall ensure that toilet training is never
forced.
View Appendix
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Rule 5101:2-12-24 | Swimming and water safety requirements for a licensed child care center.
Effective:
October 29, 2021
(A) What are the requirements for
swimming sites for a licensed child care center? (1) All swimming sites
shall meet all state and local guidelines for environmental health inspections.
Inspection reports for on-site and private pools shall be on file at the
center. (2) A center shall have
one lifeguard present for every thirty-five children when children are involved
in a water activity for on-site or private pools over eighteen inches in
depth. (3) Activities in bodies
of water eighteen inches or more in depth shall be supervised by people who are
currently certified as lifeguards or water safety instructors by the
"American Red Cross" or an equivalent water safety program, as
determined by the Ohio department of job and family services (ODJFS). If the
lifeguard is a child care staff member, they shall not be counted as a child
care staff member in the staff/child ratio. (4) Child care staff
members shall be actively supervising children pursuant to rule 5101:2-12-19 of
the Administrative Code and shall be able to clearly see all parts of the
swimming area including the bottom of pools. (5) The use of saunas,
hot tubs, and spas by children is prohibited. (6) Swimming in lakes,
rivers, ponds, creeks or other similar bodies of water is
prohibited. (7) Swimming pools, wading pools and
other swimming/wading sites shall be made inaccessible to the children when not
in use. (8) A center may use wading pools less
than eighteen inches in wall height regardless of the amount of water put into
it. (a) Wading pools shall be filtered or emptied daily, and portable
wading pools shall be sanitized daily or more often if needed. (b) The child care staff member shall supervise children at all
times while a wading pool is in use and shall be able to clearly see all parts
of the wading area. (B) What are the requirements for
parental permission for water and swimming activities? (1) A center shall have
written permission from the parent when water is directly accessible to
children and for the following activities: (a) Before the child swims or plays in water eighteen inches or
more in depth. (b) Before the child participates in activities in or on water
eighteen inches or more in depth. (c) Before infants and toddlers use wading pools. (2) Written parental
permission shall be on file for one year at the center. Written permission for
on-going activities such as the wading pools shall be updated
annually. (C) What shall be included in the written
parental permission? (1) Child's name and
date of birth. (2) Statement indicating
whether the child is a non-swimmer or capable of swimming. (3) Location of the water
activities or swimming site by water of eighteen or more inches in
depth. (4) A statement of
whether or not the center is providing additional adults or child care staff
members above the licensing ratio requirements for this activity. (5) A signature and date
from the parent indicating permission for the activity.
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Rule 5101:2-12-25 | Medication administration, food supplements and medical foods for a licensed child care center.
Effective:
October 29, 2021
(A) When is a JFS 01217 "Request for
Administration of Medication for Child Care" required? (1) The JFS 01217 is
required for all prescription and non-prescription medication, including sample
medication. (2) The JFS 01217 is not
required for a medication or medical food required by a JFS 01236 "Child
Medical/Physical Care Plan for Child Care" pursuant to rule 5101:2-12-15
of the Administrative Code. (3) The JFS 01217 is not required for
non-prescription topical lotions or products. (B) What are the requirements for prescription medications,
non-prescription medicines containing codeine or aspirin, or non-prescription
medication to be given longer than three consecutive days in a fourteen day
period? (1) The center shall
ensure that the parent completes and signs box one of the JFS
01217. (2) The center shall
ensure that the instructions in box two of the JFS 01217 are completed and
signed by a licensed physician, as defined in Chapter 4731. of the Revised
Code, licensed dentist, advanced practice registered nurse or certified
physician's assistant. (3) Box two of the JFS
01217 does not need to be completed if the medication is stored in the original
container with prescription label that includes the child's full name, a
current dispensing date within the previous twelve months, exact dosage and
directions for use. (C) What are the requirements for non-prescription
medications? The center shall: (1) Ensure that the
parent completes and signs box one of the JFS 01217. (2) Ensure that one of
the following is met: (a) The medication is stored in the original container with a
manufacturer's label containing directions based on the age and/or weight
of the child. (b) The instructions in box two of the JFS 01217 are completed
and signed by a licensed physician as defined in Chapter 4731. of the Revised
Code, licensed dentist, advanced practice registered nurse, or certified
physician's assistant, this excludes topical preventative products and
lotions unless the instructions exceed or do not match the manufacturer's
instructions or the non-prescription medication is not stored in original
container. (D) What are the requirements for topical products and
lotions? Written parental permission is not required for
lip balm use or for using hand sanitizer with children older than twenty-four
months. For all other topical products and lotions, the
center shall: (1) Ensure that the
product is stored in the original container with a manufacturer's label
that includes directions based on the age and/or weight of the
child. (2) Ensure that the
parent provides signed written permission to administer that topical product or
lotion. (3) Apply the
non-prescription topical products and lotions according to the
manufacturer's instructions. Documentation is not required by the
staff. (E) What are the requirements for a licensed child care
center to administer medications, medical foods or topical products in a
licensed child care center? The center shall: (1) Not administer any
medication, medical food, or topical product until after the child has received
the first dose or application at least once prior to the center administering a
dose or applying the product, to avoid unexpected reactions. Emergency
medications for the child are exempt from this requirement. (2) Not administer any
medication, medical food or topical product for any period of time beyond the
date indicated by the physician, physician's assistant, advanced practice
registered nurse certified to prescribe medication, or licensed dentist, on the
prescription label, for twelve months from the date of the form, or after the
expiration date on the medication, whichever comes first. (3) Document each administration or
application on the JFS 01217 immediately after administering, including when
school-age children administer their own medication. This excludes items in
paragraph (D) of this rule. (4) Follow prescribed dosages or the
manufacturer's recommended dosages for administering non-prescription
medication. (5) Complete a separate
JFS 01217 for each medication to be administered for each child, excluding
items in paragraph (D) of this rule. Each JFS 01217 is valid for the time
period listed on the form, not to exceed twelve months from the date of
signature. (F) What are the requirements for storing medication,
topical products and medical foods in a licensed child care
center? The center shall: (1) Safely store all
medication, medical foods, and topical products immediately upon arrival at the
center. Ensure the medication, medical food, or topical product is stored per
the requirements on the label in the original container with the child's
name affixed. (2) Keep medication,
medical foods, and topical products out of the reach of children, unless a
school-age child is permitted to carry their own emergency medication and a JFS
01236 is completed and on file at the center. (3) Permit school-age
children to carry and use their own topical products. (4) Refrigerate, in a separate container,
medications, medical foods, or topical products immediately upon arrival at the
center if needed. (5) Ensure that medications, medical
foods, and topical products are accessible to employees at all
times. (6) Ensure that medications, medical
foods, and topical products are removed from the center when no longer needed
or expired.
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