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Rule 5101:2-13-01 | Definitions for licensed family child care.
Effective:
October 29, 2021
(A) "Adult" means an individual who is at least
eighteen years of age. (B) "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). (C) "Authorized representative"
means an individual employed by a type A home, 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. (D) "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. (E) "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. (F) "Child" means an infant, toddler, preschool child
or school-age child. (G) "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. (H) "Child care staff member" means an employee of the
family child care provider 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. (I) "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. (J) "Employee" means a person who either receives
compensation for duties performed in a licensed family child care home or has
assigned work hours or duties in a licensed family child care
home. (K) "Family child care provider" is an Ohio
department of job and family services (ODJFS) licensed type A home provider or
an ODJFS licensed type B home provider. (L) "Field trips" means infrequent or irregularly
scheduled excursions from the licensed family child care home. (M) "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. (N) "Infant" means a child who is under eighteen
months of age. (O) "License capacity" is the maximum number of
children who may be cared for in a family child care home 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 home or attending the home on
any given day. Children away from the home 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. (P) "Medication" means any substance or
preparation of a substance 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. (Q) "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. (R) "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 5101:2-13-22 of the Administrative
Code. (S) "Owner" includes a person, as defined in
section 1.59 of the Revised Code, or government entity. (T) "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. (U) "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. (V) "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. (W) "Preschool child" means a child who is three
years old or older but is not a school-age child. (X) "Provider" means the person responsible for
the daily operation of the family child care home. The provider and the owner
of the family child care home shall be the same person and the family child
care home shall be the permanent residence. If the owner of the family child
care program is a corporation, the agent(s) of the corporation shall include
the provider. For a type A home, the provider is also the named
administrator. (Y) "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. (Z) "Related to the provider" means any of the
following persons when determining group size in a family child care home:
grandchildren, daughters, sons, step daughters, step sons, sisters, brothers,
step sisters, step brothers, nieces, nephews, half brothers, half sisters, or
first cousins who are related to the provider by blood, marriage or adoption.
Children receiving foster care from the provider are not considered to be
related to the provider. (AA) "Resident" means a person who lives in the
family child care home for more than ten consecutive calendar days and is
included in the household composition. (BB) "Routine trips" means repeated excursions off
the premises of the home 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 who 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) "Specialized foster home" means a medically
fragile foster home or a treatment foster home. (GG) "Toddler" means a child who is at least
eighteen months of age but less than three years of age. (HH) "Treatment foster care" means foster
caregiver-based treatment services for children whose special or exceptional
needs cannot be met in their own homes. Treatment foster care focuses on
providing rehabilitative services to children with special or exceptional needs
and their families with the primary location of treatment being in the
treatment foster home. (II) "Type A home" means the permanent residence
of the provider in which child care is provided for seven to twelve children at
one time. (JJ) "Type B home" means the permanent residence
of the provider in which child care is provided for one to six children at one
time and no more than three children are under two years of age. (KK) "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 8:40 AM
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Rule 5101:2-13-02 | Application and amendments for a family child care provider license.
Effective:
October 29, 2021
(A) What is the application process to
establish or operate a licensed family child care home? A resident of Ohio who wishes to become a
licensed family child care provider is to: (1) Complete a
professional registry profile for the family child care applicant through the
Ohio professional registry (OPR) at https://occrra.org/opr. (2) Register online
through the OPR and complete the required family child care prelicensing
training. The prelicensing training shall have been taken within the five years
prior to application for a license. (3) Complete an
application online in the Ohio child licensing and quality system (OCLQS) at
https://oclqs.force.com and submit the fee of twenty-five 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
home is not ready to be licensed after twelve months. (4) Notify in OCLQS if
the provider 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 and appendix B to
this rule are required and shall be completed and submitted for
licensure. (C) Does the family child care provider
license need to be visible? The license is to be visible to parents at all
times. (D) Can a family child care license be issued to an address that
is currently licensed ? (1) Only one family child
care provider license shall be issued for each address. (2) A family child care
provider license shall not be issued to any address that is currently licensed
as a child care center. (E) Can someone be both a licensed family child care provider
and be certified to provide foster care pursuant to Chapter 5103. of the
Revised Code? (1) A licensed type A
provider shall not be certified to provide foster care. (2) A licensed type B
provider may be certified for foster care but shall be not certified as a
specialized or treatment foster care home pursuant to Chapter 5103. of the
Revised Code. A licensed type B provider who was initially certified as a type
B provider prior to August 14, 2008 with no break in certification or licensure
is exempt from this requirement. (F) Will the license be a continuous license? The license shall be a continuous license
unless: (1) The family child care
provider is in the provisional period pursuant to rule 5101:2-13-06 of the
Administrative Code. (2) The family child care
provider 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 type
A home program, which can be a corporation or partnership, changes. This
includes if the corporation or partnership no longer exists. (4) The family child care provider
voluntarily surrenders the license by notifying the county agency in
OCLQS. (5) It is revoked pursuant to rule
5101:2-13-05 of the Administrative Code. (G) What is the process to change or amend a
license? (1) The provider shall
submit a request and all applicable documents in OCLQS. (2) What information can
be amended on an existing license? (a) License capacity. (b) Change of location of the program. (3) What is the timeline
for requesting an amendment? (a) For a change in capacity, the provider shall request and be
approved for the amendment prior to serving additional children. This includes
submitting all corrective action plans required pursuant to rule 5101:2-13-03
of the Administrative Code. (b) For a change in location, the provider 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) Can a family child
care home request a change in administrator? Only a type A home provider may change an
administrator if all of the following are met: (a) If the owner of the type A home program is a corporation,
the agent(s) of the corporation is to include the provider. (b) The proposed administrator is a resident of the home and
agent of the corporation and meets the requirements of a provider pursuant to
rule 5101:2-13-07 of the Administrative Code. (c) The provider submits a request and all applicable documents
to the county agency in OCLQS. (5) What are the requirements if a family
child care provider wants to permanently move to a different
location? The provider is to: (a) Comply with paragraph (G)(3)(b) of this rule. (b) Submit all required documents listed in appendix C to
this rule prior to licensure at the new location. (c) Submit a fee of twenty-five 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 operation at the original 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 (I) 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. (6) What are the requirements if a family
child care provider needs to temporarily provide care in a different
location? (a) If the family child care provider is temporarily unable to
provide care in the licensed location because the physical location has been
deemed unsafe for care of children by the building department, fire department,
local health department or local law enforcement, the provider may request to
temporarily provide care in a new location. (i) The family child care
provider shall send a written request to the county agency 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 family child care provider shall provide
written approval to the county agency from the government agency that has
deemed the location safe to resume care of children. (b) If the family child care provider is unable to return to the
licensed location within one hundred eighty days, the provider shall follow the
process for a permanent change of location pursuant to paragraph (G)(5) of this
rule. There are no extensions for a temporary change of location. (H) When shall an initial application and fee be required from a
type A home provider? An initial application and fee are required for
any change in ownership which is defined as a sale of a child care program in
its entirety or a transfer of control and administration by the owner(s) of a
child care program to a new controlling entity. (I) How shall a family child care provider request a voluntary
temporary closure status for a licensed family child care home? (1) The provider shall
request the temporary closure status in OCLQS. (2) The temporary closure
status shall not exceed twelve months. (3) The provider shall
not serve any children during the temporary closure status. (4) The provider shall
comply with an inspection prior to the end of the temporary closure status and
serving children again. (5) If at the end of the
twelve months, the family child care provider 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 in accordance with the requirements of Chapter
119. of the Revised Code. (J) What information will the provider 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, if
applicable. (7) Ohio secretary of
state entity number, if applicable. (8) Private pay
rates. (K) What if an individual listed in OCLQS as a legal
business owner (as defined in section 5104.03 of the Revised Code)
changes? The provider shall log into OCLQS to complete and
submit the information within thirty days of the change, for type A homes
only. (L) What is the county agency's responsibility for the
application and issuance of a license for a family child care
provider? The county agency is to: (1) Begin to review
documents submitted as part of the application within ten business days of
receiving the documents in OCLQS. (2) Recommend the application for
approval or denial to the ODJFS within ninety days of receiving a completed
application. The completed application includes all of the requirements in
appendix A to this rule with the exception of the completed background check
pursuant to rule 5101:2-13-09 of the Administrative Code. The completed
application also indicates that the provider is ready for the prelicensing
inspection. (3) Complete the
prelicensing inspection within ten business days after the application is
complete and all documents have been approved. (4) Recommend the approval or denial of
the request for change of location, move to a temporary location or a voluntary
temporary closure status to ODJFS within five business days of receiving the
request and all required written documentation. (5) Provide the applicant with the JFS
08087 "Ohio Communicable Disease Chart" when a recommendation is made
to ODJFS to license the applicant. (6) Request from the current county
agency any documentation not captured in OCLQS within ten business days if a
provider proposes a change of location into the county. (7) Provide the new county agency with
any documentation not captured in OCLQS within ten business days if a provider
proposes a change of location to another county.
View AppendixView AppendixView Appendix
Last updated October 29, 2021 at 8:41 AM
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Rule 5101:2-13-03 | Compliance inspection and complaint investigation of a licensed family child care provider.
(A) What compliance inspections are
required for family child care providers? (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 in each half of the 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 regarding the licensed family child care provider. (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 family child care provider for
an inspection and/or complaint investigation? The family child care provider shall allow the
county agency and the Ohio department of job and family services (ODJFS)
to: (1) Complete an
inspection of all areas of the family child care home where child care is
provided, children have access to, and all areas used to verify compliance with
Chapter 5101:2-13 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) Residents of the home. (e) Staff of the public children services agency
(PCSA). (f) Staff of the county agency and the ODJFS. (g) Anyone mentioned by the complainant. (h) Law enforcement personnel. (i) Current and past family child care staff
employees. (j) Other witnesses. (4) Document findings in
writing or in photographs or by any other means. (D) What are additional requirements for a licensed family child
care provider as a result of an inspection and/or complaint
investigation? The family child care provider 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 the county agency or 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 family child care home 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 provider 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 family child care provider 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 family child care
provider. (E) Will a licensed family child care
provider have additional inspections based on non-compliances
found? All non-compliances may lead to additional
inspections or compliance materials required by the county agency or
ODJFS. (F) What if a licensed family child care
provider does not agree with the licensing findings? The family child care provider 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) What are the county agency requirements for compliance
inspection and complaint investigation of a family child care
provider? (1) All inspections are to be completed
during the operating hours of the family child care home. (a) The county agency is to complete at least one of the two
unannounced annual inspections when a child(ren) for whom the provider is
receiving compensation is present. (b) If no child(ren) is enrolled, the inspection will still be
completed. When at least one child for whom the provider is receiving
compensation is present, a monitoring inspection is to be
completed. (2) For each inspection, the county
agency shall: (a) Complete the inspection report in OCLQS. (b) Provide a hard copy or electronic copy of the inspection
report and supporting documents to the provider by close of business the next
business day, and within five business days of the date of the addition or
revision, if additional information is added to the report or it is revised in
any way. (3) The county agency shall investigate
any complaints alleging rule noncompliance against a provider. The county
agency may inspect the family child care home as part of the complaint
investigation. (a) Investigations of all complaints shall begin within five
business days of the receipt of a complaint by the county agency. (b) If the complaint alleges an immediate risk to children, the
county agency shall begin the investigation by the next business day of receipt
of the complaint. (c) For each investigation, the county agency is to: (i) Document the
complaint in OCLQS. (ii) Send to the provider
a copy of the OCLQS inspection and/or complaint report within ten business days
of the completion of the investigation, and within five business days of the
date of the addition or revision, if additional information is added to the
report or it is revised in any way. (4) The county agency is
to take the following action when a serious incident is reported in OCLQS as
required in paragraph (G) of rule 5101:2-13-16 of the Administrative
Code: (a) When a complaint is received on the same non-compliance,
complete a complaint investigation pursuant to paragraphs (G)(3) and (H) of
this rule. (b) When a complaint is not received, issue an inspection within
ten days for the non-compliances reported. (5) The county agency shall provide a
copy of the inspection report to anyone who submits a request to the county
agency. The county agency shall remove all confidential information prior to
providing a copy. (6) The county agency shall provide
technical assistance for complying with the requirements of Chapter 5104. of
the Revised Code and Chapter 5101:2-13 of the Administrative Code. (H) What other requirements shall the county agency follow for
complaints? (1) If the complaint alleges child abuse
or neglect, the county agency shall report the complaint within the same
business day to the public children services agency (PCSA). The oral report
shall be followed with a written report to the PCSA, if requested by the PCSA.
The written report shall contain the following: (a) A summary of allegations. (b) The name of the reporter, unless anonymity is
requested. (c) A summary of actions taken by the county agency or plans to
initiate an investigation of non-compliance with the regulations contained in
Chapter 5101:2-13 of the Administrative Code. (d) A request for clarification of joint or parallel
investigatory roles. (2) A PCSA investigation
does not relieve the county agency of its responsibility to investigate
provider non-compliance with regulations contained in Chapter 5101:2-13 of the
Administrative Code unless the PCSA indicates that the county agency complaint
investigation would interfere with the PCSA's investigation of the
case. (3) If the county agency
receives a report that an unlicensed home may be caring for too many children
in violation of section 5104.02 of the Revised Code, the county agency shall
refer the report to ODJFS for investigation. (I) 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 family child care home
licensing record.
View Appendix
Last updated May 16, 2022 at 8:22 AM
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Rule 5101:2-13-04 | Building department inspection and fire inspection for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the type A home requirements
for building inspections? (1) Licensed type A homes
shall be inspected by the local building department having jurisdiction.
Building inspections shall be obtained: (a) At the time of application for a child care
license. (b) At the time a type A home 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 for child care use. (d) At the time of any major repair, modification, or alteration
of any existing structure presently being used for a type A home but prior to
the continued use of modified or altered parts of the structure. A major
repair, modification or alteration includes: (i) Cutting away of any
wall, partition or portion thereof, the removal 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. (2) The licensed type A
home provider shall abide by any stipulations or limitations that are noted on
the building inspection report. (3) The building department inspection
shall be documented on a form set forth by the board of building standards and
be available on-site for review. (4) The licensed type A home provider
shall provide documentation that the type A home license is not prohibited by
the local zoning board. (B) What are the type A home requirements for a fire inspection
and approval? (1) Licensed type A homes
shall secure a fire inspection and written approval from the state fire marshal
or the local fire safety inspector for the municipality or township having
jurisdiction. The type A home shall abide by any stipulations or limitations
set forth in the written documentation by the state fire marshal or the local
fire safety inspector. (2) The fire inspection
and approval needs to be obtained for a licensed type A home: (a) At the time of initial application for a family child care
license. (b) At the time of a family child care 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 approval report. (d) Prior to the use of any areas of the structure not previously
inspected and approved for use for type A home care. (e) Prior to caring for infants and non-ambulatory children of
any age other than on the first floor of the type A home. (C) What are the type B home building
requirements? (1) Space is to be
approved by the county agency prior to the use of any area of the structure not
previously inspected and approved for use. (2) The type B home
provider is to notify the county agency in OCLQS, if the provider wants to
utilize or structurally modify any space not previously inspected and approved
for use. (3) Rooms or spaces
higher than the second floor of the structure are not to be used for child
care. (D) What requirements does a licensed type B home provider
need to ensure fire safety? A licensed type B home shall have: (1) The emergency exit
features and operational conditions listed in appendix A to this
rule. (2) At least one underwriters
laboratories (UL) or factory mutual laboratories (FM) smoke alarm located in
the basement and on each level of the licensed type B home. The licensed type B
home provider shall place, install, test and maintain smoke alarms in
accordance with manufacturer's recommendations. (3) At least one working UL or FM
portable fire extinguisher, not expired, in the licensed type B home which
shall have a minimum rating of 1A:10BC in the kitchen where food is provided
for child care or cooking area. (4) All electrical connections made in
junction boxes properly covered. Electrical extension cords shall not be used
as permanent wiring. (E) What are the requirements for flammable and combustible
materials and substances on-site at the licensed type B home? If a licensed type B home provider has items such
as, but not limited to, gasoline, kerosene, propane and other fuels, the
materials shall be stored in accordance with the storage requirements listed in
appendix B to this rule. (F) Can a licensed type B home provider use
heaters? If vented gas, oil, or wood-fired heaters are
used, a nonflammable guard shall be provided for each heater, stove or
fireplace to protect the children from hot surfaces and open flames. (1) No unprotected open
flame, such as fireplaces, oil lamps or candles, shall be allowed to burn in
the home while care is being provided. (2) Unvented fuel-fired
heaters shall not be used while child care is being provided.
View AppendixView Appendix
Last updated October 29, 2021 at 8:41 AM
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Rule 5101:2-13-05 | Denial, revocation and suspension of a family child care application or license.
Effective:
October 29, 2021
(A) What does "owner"
mean? (1) For the purposes
of paragraphs (C) and (E) of this rule, "owner" is as defined in rule
5101:2-13-01 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 5101:2-13-01
of the Administrative Code. (B) What are the reasons an applicant may have an
application denied or a licensed family child care provider may have a
provisional or continuous license revoked? (1) The family child care
provider is not in compliance with Chapter 5101:2-13 of the Administrative Code
or Chapter 5104. of the Revised Code. (2) The family child care
provider or a household member has been determined not eligible to own a child
care program or to be employed or reside in a licensed family child care home
as a result of the background check requirements pursuant to rule 5101:2-13-09
of the Administrative Code. (3) The family child care provider fails
to submit documentation or information requested by the county agency or the
Ohio department of job and family services (ODJFS) within required time
frames. (4) The family child care provider,
resident, employee or child care staff member has refused to allow ODJFS or the
county agency staff access onto its premises or to any area used for child care
during operating hours. (5) The family child care provider has
furnished or made misleading or false statements or reports to ODJFS or the
county agency. (6) Failure of any person, firm,
partnership, organization, institution, or agency to cooperate with ODJFS or
any state or local official when performing duties required by Chapter 5104. of
the Revised Code and Chapter 5101:2-13 of the Administrative Code. (7) Someone under the age of eighteen who
resides in the home has been adjudicated a delinquent child for committing a
violation of any section listed in division (A)(5) of section 109.572 of the
Revised Code or an offense of any other state or the United States that is
substantially equivalent and the records of the adjudication or conviction have
not been sealed or expunged pursuant to sections 2151.355 to 2151.38 or
sections 2953.31 to 2953.38 of the Revised Code. (8) It has been determined through the
results of the child abuse and neglect report or any other means pursuant to
rule 5101:2-13-09 of the Administrative Code that there is an individual, of
any age, who resides in the home and whose behavior or health may endanger the
health, safety, or well-being of children. (9) The family child care provider fails
to cooperate with the county agency or ODJFS in the licensing process or
complaint investigation including, but not limited to, consistently being
unavailable for unannounced inspections conducted by the county agency or the
ODJFS. (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 type A home license or type B home
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 a notice of intent to revoke, no new application for a type A home
license or type B home license shall be processed for the same owner until
after the completion of the revocation process. (3) If the family child
care provider has been issued a notice of intent to revoke the program's
license, the family child care provider is to notify the families of all
enrolled children and post the notice of intent in a noticeable location in the
family child care home within forty-eight hours of receipt of the
notice. (D) What if a provider 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 has been 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 type A or type B family
child care license until five years have elapsed from the date the
certification was revoked. (F) Which licensing actions by ODJFS gives the family child
care provider rights to a prior 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 5101:2-13-01 of the Administrative
Code. (4) Issuance of a license with
authorization for license capacity which does not agree with the authorization
sought by the provider. (5) Denial of a continuous license at the
expiration of the family child care provider's provisional
license. (G) When can ODJFS suspend a license? ODJFS may immediately suspend the license of a
family child care provider 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 family child care
provider. (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 owner or owner's representative of the family child
care home. (b) The administrator of the type A home, if not the owner or
owner's representative and if the administrator has not been released from
employment or put on administrative leave. (c) An employee of the family child care home, if the employee
has not been immediately released from employment or put on administrative
leave. (d) A resident of the family child care home. (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 owner or owner's representative of the family child
care home. (b) The administrator of the type A home, if not the owner or
owner's representative and if the administrator has not been released from
employment or put on administrative leave. (c) An employee of the family child care home, if the employee
has not been released from employment or put on administrative
leave. (d) A resident of the family child care home. (4) ODJFS or a county
agency determines that the licensed family child care provider created a
serious risk to the health or safety of a child receiving child care in the
family child care home that resulted in or could have resulted in a
child's death or injury. (5) ODJFS determines that
the family child care provider does not meet the requirements of section
5104.013 of the Revised Code. (H) What happens if a family child care provider's
license is suspended? (1) Upon receipt of a
written suspension order from ODJFS, delivered either by certified mail or in
person, the family child care provider 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 home. (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 family child care provider request a review of
the decision to suspend the license? The family child care provider 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 5101:2-13-02 of the Administrative Code. (4) Closing a license if
the family child care provider 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 5101:2-13-02 of the Administrative Code. (5) Closing a license if
the type A home owner or provider has changed. (6) Closing a license if
the family child care provider does not have children, excluding the
provider's own children, enrolled and attending at the end of the extended
provisional period pursuant to rule 5101:2-13-06 of the Administrative
Code. (L) Can the county agency recommend denial of an
application, suspension of a license or revocation of a license to
ODJFS? (1) The county agency may
recommend the denial of an application or revocation of a license for any of
the reasons detailed in paragraph (B) of this rule. (2) The county agency may
recommend the suspension of a license for any of the reasons detailed in
paragraph (F) of this rule. (3) The county agency
shall provide any requested documents to ODJFS. (4) If a license is
revoked, the county agency shall contact any parents who are receiving publicly
funded child care services from the provider by telephone with follow up
written notification to inform the parent of the following: (a) The provider's license has been revoked. (b) The availability of alternate child care
services.
Last updated October 29, 2021 at 8:41 AM
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Rule 5101:2-13-06 | Procedures for a family child care provider operating under a provisional license.
Effective:
October 29, 2021
(A) How long is a provisional license
valid for a newly licensed family child care provider? A provisional license for a newly licensed family
child care provider is valid for at least twelve months and until the
continuous license is issued, unless revoked pursuant to rule 5101:2-13-05 of
the Administrative Code. (B) What requirements shall the family
child care provider 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
provider shall: (1) Be in compliance with
Chapter 5101:2-13 of the Administrative Code. (2) Have children, for
whom the provider receives compensation, enrolled and attending the
home. (a) If the provider has not served any children during the
provisional period, the provisional period shall continue for up to twelve
additional months or until children have been enrolled, whichever comes
first. (b) The county agency shall complete an inspection with children
in attendance prior to recommending a continuous license.
Last updated October 29, 2021 at 8:41 AM
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Rule 5101:2-13-07 | Provider responsibilities, requirements and qualifications for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements to be a
licensed family child care provider? (1) The family child care
provider is to: (a) Be at least eighteen years old, and for those type B
certified or licensed after April 1, 2003, have completed a high school
education. Verification of high school education is detailed in appendix A to
this rule. (b) Meet the training or education requirements detailed in
appendix B to this rule. (c) 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 nurse, certified nurse midwife, certified nurse
practitioner or licensed pharmacist. The provider 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. (d) Reside in the home where the care is being
provided. (e) Provide a safe, healthy environment when child care
services are being provided. (f) Not be involved in any activities that interfere with
the care of the children. This includes not being involved in other employment
during the operating hours of the family child care home. (2) The provider and
anyone in the family child care home, including any child care staff members is
not to: (a) Demonstrate physical or mental conditions potentially
harmful to children. (b) Be under the influence of alcohol or other drugs while
child care is being provided. (3) The provider is to complete only one
of the following: (a) Obtain and maintain liability insurance that insures the
family child care provider against liability arising out of, or in connection
with, the operation of the family child care home. (i) The liability
insurance shall cover any cause for which the family child care home would be
liable, in the amount of at least one hundred thousand dollars per occurrence
and three hundred thousand dollars in the aggregate. (ii) Proof of insurance
shall be maintained at the home. (iii) If the family child
care provider is not the owner of the home where the family child care home is
located and the provider obtains liability insurance described in this rule,
the provider shall name the owner of the property as an additional insured
party on the liability insurance policy if all of the following
apply: (a) The owner requests
the provider in writing to add the owner to the liability insurance policy as
an additional insured party. (b) The addition of the
owner does not result in cancellation or nonrenewal of the insurance
policy. (c) The owner pays any
additional premium assessed for coverage of the owner. (b) Complete the JFS 01933 "Liability Insurance Statement
for Family Child Care Providers" if the family child care provider is not
obtaining liability insurance and shall provide the JFS 01933 to the parent of
each child receiving care in the home. The JFS 01933 shall be signed and dated
by the parent and on file by the child's first day of
attendance. (i) If the family child
care provider is not the owner of the home where the family child care home is
in operation, the statement shall also include that the owner of the home may
not provide coverage of any liability arising out of, or in connection with,
the operation of the family child care home. (ii) The JFS 01933 shall
be kept on file at the home. (B) What are the responsibilities of the
licensed family child care provider? The family child care provider is to: (1) Be on-site a minimum
of seventy-five per cent of the operating hours per week. The provider may
request a short-term exemption from this requirement from the county
agency. (2) Post the
provider's scheduled hours of availability to meet with parents in a
noticeable location. (3) Make available the current licensing
rules to all staff and parents. The rules may be made available via paper copy
or electronically. (4) 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. (5) Be responsible for the creation,
maintenance and implementation of the policies and procedures detailed in
appendix C to this rule. A copy of these policies and procedures shall be
available on-site at the home. Nothing in these policies is to conflict with
Chapter 5104. of the Revised Code or Chapter 5101:2-13 of the Administrative
Code, and if applicable, Chapter 5101:2-16 or 5101:2-17 of the Administrative
Code. (6) Provide the parent and all employees
with the policies and practices in appendix C to this rule. (7) Provide a copy of appendix D to this
rule to the parents of children enrolled in the home. (8) Update in the Ohio child licensing
and quality system (OCLQS) no later than five calendar days of any change in
the household composition including someone joining the household or leaving
the household as well as anyone staying in the home for more than ten
consecutive calendar days. (9) Be responsible for all information
provided to the county agency or the Ohio department of job and family services
(ODJFS) including information provided by a child care staff member, employee,
administrator or resident of the home. (10) Cooperate with other government
agencies as necessary to maintain compliance with Chapter 5101:2-13 of the
Administrative Code. (11) Submit to the county agency an
updated JFS 01174 "Adjudicated a delinquent child statement" within
ten business days if a child residing in the home is adjudicated a delinquent
child. (12) Ensure that no 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. (13) Ensure compliance with Chapter 5104.
of the Revised Code and Chapter 5101:2-13 of the Administrative
Code. (C) What are the Ohio professional
registry (OPR) and documentation responsibilities for the licensed family child
care provider? The family child care provider is to: (1) Create or update
their individual profile in the OPR. (2) Create or update the
program's organization dashboard in the OPR. (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 program
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 program'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 5101:2-13 of the
Administrative Code on file at the home, if not yet verified in the
OPR. (a) Make employment records available upon request by the
county agency or by ODJFS for at least three years after each person's
departure, if not yet verified in the OPR. (b) Keep employment records confidential, except when made
available to the county agency or ODJFS for the purpose of administering
Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative
Code. (6) Ensure that all residents over the
age of eighteen create a profile in the OPR and that the residents complete an
employment record for the family child care provider within five days of
becoming a resident or turning eighteen. (7) Within five calendar days of a change
in residency, update the program's organization dashboard in the OPR for
residents over the age of eighteen, if applicable. (D) What if the type B home provider is a foster
parent? The type B home provider shall: (1) Notify the county
agency and all parents. (2) Notify the county
agency of all children receiving care within one business day of when the type
B home provider is to begin caring for additional foster children. (3) Maintain a written
record documenting the date and how the county agency and parents were notified
about foster children in care.
View AppendixView AppendixView Appendix
Last updated October 29, 2021 at 8:42 AM
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Rule 5101:2-13-08 | Employees and child care staff members responsibilities and qualifications for a licensed family child care provider.
Effective:
January 27, 2024
(A) What are the requirements for an
employee of a family child care provider? Employees are to: (1) Have on file, on or
before the employee's first day of employment, a completed medical
statement that meets the requirements of appendix B to rule 5101:2-13-02 of the
Administrative Code. (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. (B) What are the requirements for a child care staff member of a
family child care provider? Child care staff members, including substitute
child care staff members: (1) Are to meet all of the requirements
detailed in appendix A to this rule. (2) Are to have on file,
on or before the child care staff member's first day of employment, a
completed medical statement that meets the requirements of appendix B to rule
5101:2-13-02 of the Administrative Code. (3) Are to 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. (4) Are to complete the
family child care staff orientation training as prescribed by the Ohio
department of job and family services (ODJFS) within thirty days of starting
employment unless the child care staff member has documentation of completion
of the training after December 31, 2016. Completion of the training is to be
documented with verification from the OPR. (5) May be used to meet group size and
supervision requirements but are not to be left alone with the children until
the orientation training is completed. (6) May act in the provider's place
during an inspection if the provider is not present. (C) What are the requirements for a high school graduate
working as a child care staff member in a family child care home? All high school graduates under the age of
eighteen years old working in a family child care home: (1) Are to be at least
sixteen years of age or older. (2) Are to maintain
compliance with the requirements of a child care staff member in Chapter
5101:2-13 of the Administrative Code. (3) Are not to be the
administrator, provider, or designee of a family child care home. (4) Are not permitted to
transport children or act as a driver of a family child care home. (5) Are not permitted to
be left alone with the children on routine trips or field trips. (6) Are not permitted to
administer medication or medical procedures. (7) May be counted in
ratio when the high school graduate is at least two years older than the
child(ren) in their care. (D) What are the OPR and documentation requirements for
employees and child care staff members in a family child care
home? 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 family child care program 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 or
child care staff member 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 Appendix
Last updated January 29, 2024 at 8:27 AM
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Rule 5101:2-13-09 | Background check requirements for a licensed family child care provider.
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) Licensed family child
care providers and applicants to be licensed family child care
providers. (2) Adults (age eighteen
and older) residing in the home of the family child care provider or
applicant. (3) Employee of a family
child care provider or applicant as defined in rule 5101:2-13-01 of the
Administrative Code. (4) Child care staff member of the family
child care provider or applicant as defined in rule 5101:2-13-01 of the
Administrative Code, including substitutes. (C) When is a background check
required? (1) At application for a
family child care license. (2) Within ten business
days after a resident of the home turns eighteen years old. (3) Within ten business
days of an adult moving into the home. (4) Prior to the first
day of employment for the employee or child care staff member. (5) 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) to restart
the background check determination process in the future. (G) What makes an individual ineligible to own, reside or be
employed in a licensed family child care home? (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 with respect 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 the
person. (H) What happens after the individual requests the background
check and submits fingerprints through a webcheck location? (1) The provider, county
agency, and individual will receive a notification of preliminary approval
generated from the OPR. (2) The provider and county agency 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
provider shall not hire the individual or shall terminate them from employment
immediately upon receipt of the JFS 01176. (b) For those individuals not eligible for residence in a
licensed family child care home, the resident shall immediately cease living in
the family child care home upon receipt of the JFS 01176. (c) Until preliminary approval is received from ODJFS, an
employee or child care staff member hired on or after the effective date of
this rule shall not engage in any assigned duties or be near
children. (d) A child care staff member with preliminary approval but not
a JFS 01176 on file at the home or in the OPR shall not be left alone with
children and shall be supervised at all times by the provider or another child
care staff member with a JFS 01176 on file at the home or in the
OPR. (e) Only child care staff members with a JFS 01176 on file at the
home 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/residency
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) to this rule: (1) The program shall not
allow the individual to be on-site at the program or reside in the home during
the review by ODJFS. (2) If the individual is determined to be
eligible for employment or residence, the program may allow the individual to
be employed or reside in the home 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 5101:2-13-10 | Training and professional development requirements for a licensed family child care provider and child care staff members.
Effective:
October 29, 2021
(A) What health training is required for
a licensed family child care provider prior to licensure? The family child care provider is to complete the
following: (1) Current certification in first aid
and cardiopulmonary resuscitation (CPR). Training shall be appropriate for all
of the ages and developmental levels of children in care. (2) Current training in
management of communicable disease. (3) Current training in
one of the following child abuse and neglect recognition and prevention
trainings: (a) Ohio department of job and family services (ODJFS)
child abuse and neglect recognition and prevention training. (b) Child abuse and neglect recognition and prevention
training as described in appendix A to this rule. (B) What health training is required for
a licensed family child care provider once licensed? (1) Maintain current
certification in first aid and CPR. The training shall be appropriate for all
of the ages and developmental levels of children in care. (2) Maintain current training in
management of communicable disease and child abuse and neglect recognition and
prevention. (3) Audiovisual or
electronic media training shall not be used to meet the CPR training
requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there
is also an in-person component of the training. (C) What health training is required for
a family child care staff member and a substitute child care staff
member? (1) Prior to being left
alone with children, but within the first ninety days of hire, all child care
staff members shall complete and remain current in the following: (a) CPR. (b) First aid. (c) Management of communicable disease. (d) One of the following child abuse and neglect recognition and
prevention trainings: (i) ODJFS child abuse and
neglect recognition and prevention training. (ii) Child abuse and
neglect recognition and prevention training as described in appendix A to this
rule. (D) What are the requirements for the
health trainings pursuant to paragraphs (A), (B) and (C) of this
rule? (1) The trainings are to
meet course and trainer requirements in appendix A to this rule. (2) Audiovisual or
electronic media training is not to be used to meet the CPR training
requirement pursuant to paragraphs (A)(1) and (B)(1) of this rule unless there
is also an in-person component of the training. (3) If the 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
first aid, CPR, or management of communicable disease. (E) What are the on-going professional development
requirements for the licensed family child care provider and child care staff
members? (1) Complete a minimum of
six clock hours of training annually in any of the categories listed in
appendix B to this rule each fiscal year. The fiscal year is defined as July
first through June thirtieth. (2) A family child care
provider licensed between January first and June thirtieth of each year is not
required to complete the professional development requirements until the
following fiscal year. (3) A child care staff
member hired between January first and June thirtieth of each year is not
required to complete the professional development requirements until the
following fiscal year. (4) Health trainings
taken pursuant to paragraph (A), (B), or (C) of this rule may not be used to
meet the professional development training requirements. (5) Audiovisual or electronic media
training may be used to meet the required six hours of annual
training. (6) 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 in a fiscal year, professional development
requirements are to be met. The family child care provider is responsible for
documenting the number of days the substitute child care staff member worked
for a period of eighteen months. (F) What verification is needed on file at the home 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 family child care
provider 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 8:42 AM
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Rule 5101:2-13-11 | Indoor and outdoor space requirements for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the indoor space
requirements for a licensed family child care home? (1) There shall be at
least thirty-five square feet of usable wall-to-wall indoor floor space per
child for the total number of children who are present at one
time. (2) Usable indoor floor space shall not
include bathrooms, hallways, storage rooms or other areas not available or not
used for child care. (B) What are the outdoor space requirements for a licensed
family child care home? (1) The home 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
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 child care staff member or
provider being aware of them. Examples of natural barriers include, but are not
limited to space, dense hedges, walls, permanently anchored dividers or
partitions. (c) Is protected from animals. (d) Provides access to bathroom facilities and drinking
water during play times. (e) Provides a shaded area. The shade may be naturally
occurring from trees, building, or overhangs. Providers may also install lawn
umbrellas that are securely anchored or other structures that provide shade in
a safe manner. (2) The home shall not
use outdoor porches above the first floor as play areas, unless the porches are
fully enclosed and structurally sound. (3) 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 house door alone is not a sufficient barrier) that prevents
children from accessing the water. (C) What are the exemptions from having an on-site outdoor
space? If an on-site play area is not available, a
provider may use an off-site play area for daily use if it is determined, upon
inspection by the provider and the county agency, that the area and its
accessibility are safe. An off-site play area approved for regular use shall
meet the same requirements as the on-site play areas listed in this
rule. (D) What are the requirements for 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, 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 to prevent 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 protective 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) 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. (E) What are the requirements for a fall zone? 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. (1) 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. (2) Equipment shall not be placed
directly over concrete, asphalt, blacktop, dirt, rocks, grass or any other hard
surface. (3) Synthetic surfaces shall follow
manufacturer's guidelines for depth. (4) 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.
Last updated October 29, 2021 at 8:43 AM
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Rule 5101:2-13-12 | Safe equipment and environment for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the safe equipment
requirements for a licensed family child care provider? (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. (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 manufacturer's 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
family child care home. (B) What are the safe environment
requirements for a licensed family child care provider? (1) Weapons, firearms and
ammunition materials shall be kept inaccessible to children, out of sight of
children and in locked storage areas. 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 unsecured in a family
child care home, unless specifically not permitted by the family child care
program owner. Although permitted to be in the home, the weapons shall not be
accessible to children. (a) Handguns may be carried by an individual with a valid
concealed handgun license and are to 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 or substances shall not
be on the premises. Alcohol shall be kept inaccessible to
children. (4) Type B homes are to have carbon
monoxide detectors that meet the following requirements: (a) In single family homes, there shall be at least one UL listed
carbon monoxide detector located in the basement and on each level of the home
in which child care is being provided. (b) In multi-family buildings, there shall be at least one UL
listed carbon monoxide detector located in the basement and on each level of
the unit in which child care is being provided. (c) The carbon monoxide detectors shall be placed, installed,
tested and maintained in accordance with manufacturer's
recommendations. (5) In accordance with section 2923.1212
of the Revised Code, the family child care provider 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 ordnance onto these
premises." (6) The licensed family child care
provider shall maintain an indoor temperature of at least sixty-five degrees
Fahrenheit. If the homes indoor temperature exceeds eighty-five degrees
Fahrenheit, ventilation that produces air movement or air conditioning shall be
provided. (7) 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, provider's, staff's or household
member'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. (8) If area rugs are used, they shall
have a nonskid backing and floor surfaces shall be maintained to not cause a
tripping hazard. (9) Toys or other materials small enough
to be swallowed shall be kept out of the reach of infants and
toddlers. (10) 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. (11) Mercury thermometers shall not be
used. (12) 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 homes
which serve school-age children exclusively. (13) Renovations and remodeling to the
home 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. (14) Unless toilets and sinks are of
suitable height for use by the children, the home shall provide a sturdy,
nonslip platform on which the children may stand. (15) Lawnmowers, sharp tools, machinery
and other equipment shall not be used or stored where children have access to
them. (16) All areas used by children shall be
ventilated and shall provide protection from rodents, insects and other
hazards. (17) Aerosol spray products shall not be
used in rooms where children are in attendance. (18) All utilities shall be
operable. (19) The home shall contain a kitchen
sink, refrigerator and stove or microwave oven in working
condition. (20) If gates are used in the home, they
shall be firmly anchored when in use. Gates at the top of stairs shall be wall
mounted. Gates shall have no spaces where a child could become entrapped.
Accordion style gates shall not be used. (21) Handles of pots and pans placed on
top of a stove or oven shall be directed inward so they are not easily
accessible to children. (22) The home shall have both hot and cold
running water. The temperature of the hot water shall not exceed one hundred
twenty degrees Fahrenheit unless the provider demonstrates that the hot water
faucet can be made inaccessible or inoperable when children are in
care. (C) What are the regulations for having
pets in a licensed family child care home? (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 family child care provider's home. (3) Children shall not be
directly exposed to animal urine or feces inside the home or in the outdoor
play area.
Last updated October 29, 2021 at 8:44 AM
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Rule 5101:2-13-13 | Sanitary equipment and environment for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements to provide
and maintain a clean environment, furniture, materials and equipment in a
licensed family child care home? (1) Toilet tissue, liquid
soap, running water, and individually assigned towels or disposable towels
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 home 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 and vacuuming, 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 home's
water is not publicly supplied, the provider 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
provider shall comply with the Ohio EPA requirements. (b) If the water supply does not qualify as a public water
system, the provider shall contact the local health department to have the
water tested and follow any additional requirements requested by the health
department. The provider shall retain a copy of the water test in the home 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 licensed family child care home? (1) Handwashing shall
occur in a handwashing sink. (2) Commercially
manufactured non-permanent sinks may be used if fresh and waste water are
inaccessible to children and disposed of in a sanitary manner. (3) Handwashing requirements for the
family child care provider, child care staff members, employees, residents, and
children are detailed in appendix B to this rule. (C) What are the requirements for a smoke
free environment in a licensed family child care home? The provider 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. (D) What are the requirements for
toothbrushing in a licensed family child care home? Licensed family child care providers 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 8:44 AM
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Rule 5101:2-13-14 | Transportation and field trip safety for a licensed family child care provider.
Effective:
October 29, 2021
(A) What shall be available on all trips, including routine
walking trips? The licensed family child care provider
shall: (1) Have written and
signed permission from the parent before transporting or escorting a child away
from the home for field trips and routine trips as detailed in appendix A to
this rule. The permission slips shall be kept on file at the home 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 only to and from home, identification containing the family child
care provider'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 5101:2-13-16 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 require medication, special procedures or
precautions during the course of the trip. The family child care provider,
child care staff member or substitute child care staff member shall also 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 shall not be used by a
driver while the vehicle is in motion. (7) Ensure that if the
vehicle used to transport children is manufactured with seat belts, they shall
be utilized by adults and children, no more than one person may be strapped in
each seat belt. Children or adults shall not be permitted to stand in a moving
vehicle, sit on the floor or ride in a vehicle where all seats are not securely
anchored. (B) What are the ratio and supervision requirements for trips,
including routine walking trips? (1) The staff/child ratio
and group size requirements of rule 5101:2-13-18 of the Administrative Code
shall be met on field trips and routine trips. Children shall be assigned to
the provider or specific child care staff members for all field
trips. (2) Parents, guardians or adults
authorized by the provider may be drivers on field trips provided that
staff/child ratio requirements are met at the destination. (3) The vehicle shall be checked at
completion of each trip to ensure that no child has been left on the
vehicle. (C) What are the driver requirements for employees and child care
staff members of the family child care home? (1) The employee or child
care staff member driver shall: (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 shall be kept on file at the home. (ii) The family child care provider is responsible for
assuring 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) 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 the school district is providing
transportation to or from the provider's home. (2) Only a child care staff member or
employee who is used in accordance with the requirements in rule 5101:2-13-08
of the Administrative Code may transport children without the provider present,
except parents may transport children for field trips. (3) The requirements outlined in
paragraph (C) of this rule do not apply to public transportation drivers or
companies contracted by the family child care provider who are not employees or
child care staff members. (D) What are the vehicle requirements for a licensed family child
care home? (1) Any vehicle operated
by the family child care home provider, child care staff member, or substitute
child care staff member to transport children for routine trips or field trips
shall be mechanically safe at all times. (2) Requirements for type
A home vehicles used for transportation of children are listed in appendix B to
this rule. (3) Requirements for type
B home vehicles used for transportation of children are listed in appendix C to
this rule. (E) When shall vehicles used for transporting children be
inspected? (1) The licensed family
child care provider shall 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. (F) Parents, who are not employed by the family child care
provider, who use their vehicles for transportation for field trips shall not
have to meet the requirements of paragraph (E) of this rule.
View AppendixView AppendixView Appendix
Last updated October 29, 2021 at 8:44 AM
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Rule 5101:2-13-15 | Child record requirements for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements for the JFS
01234 "Child Enrollment and Health Information" for a licensed family
child care provider? The provider shall: (1) Have a completed JFS
01234 on file for each child by the first day of attendance, including the
provider's own children under the age of six. (2) Ensure the JFS 01234 is reviewed at
least annually by the parent and updated as needed when information changes.
The parent and the provider 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 home 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 family child care provider? (1) The provider shall
secure and have on file verification of a medical examination for each child,
including the provider's own children. 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 home within thirty days of the child's first day of attendance
and shall be 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 specific health condition for a licensed family child care
provider? (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 provider 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 and that
only those staff members who have signed the JFS 01236 can care for the
child. (c) Implement and follow all requirements of each
child's JFS 01236. (d) Keep each JFS 01236 in a location that can be easily
and quickly accessed, including being removed from the home 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 child care staff members, if applicable. The parent and the provider
shall initial and date the form when the information is reviewed or
updated. (4) The JFS 01236 shall be on file with
the provider by the first day of attendance or upon confirmation of a health
condition. (5) If the provider suspects that a
child has a health condition, the provider may require a physician's
statement within a designated timeframe. (6) The provider and each child care
staff member, including substitute child care staff members, shall be trained
on the child's needs and required procedures before being 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 (ODJFS)
and the county agency for the purpose of administering Chapter 5104. of the
Revised Code and Chapter 5101:2-13 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 by the provider? 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 8:45 AM
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Rule 5101:2-13-16 | Emergency and health-related plans for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the medical, dental and
general emergency requirements for a licensed family child care
provider? The family child care provider 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 in a noticeable location on each level of the
home in use for child care. (2) Complete the JFS 01201 "Dental
First Aid" and post in a location readily available to parents, child care
staff members and substitutes. (3) Post a weather alert
plan that includes the details listed in paragraph (H) of this rule and a fire
plan in each space 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 family child care provider? (1) An unlocked, closed
first-aid container shall be on the premises and readily available to the
provider but shall be kept out of reach of children. (2) 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 family child care provider 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, leak-proof 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 of durable, rigid material which
safely stores the lancets or needles until they are disposed of properly.
Sharps containers shall be stored out of the reach of children. (D) What are the communicable disease
requirements for a licensed family child care provider? (1) If the provider cares for sick
children, the provider shall follow the guidelines detailed in appendix B to
this rule. (2) The JFS 08087 "Communicable
Disease Chart" shall be posted in a location readily available to parents,
child care staff members, employees, and residents. 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 provider is to follow the reporting requirements
listed on the JFS 08087. (b) If the communicable disease is required to be reported
to the local health department, the provider is to report the communicable
disease to the Ohio department of job and family services (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 provider shall notify parents when their child has been
exposed to a communicable disease listed on the JFS 08087. (4) All the requirements of this rule
shall apply if the provider's own child is sick. (5) The provider 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 family child care provider complete the JFS
01299 "Incident/Injury Report for Child Care"? (1) The family child care
provider 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 provider, such as a child leaving the home 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 home for least one year and shall be
available for review by (ODJFS) or the county agency. (F) What is a serious incident? (1) Death of a child at
the home. (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, resident, child care staff member or
employee of a family child care home. (4) An incident defined as a serious risk
non-compliance in appendix A to rule 5101:2-13-03 of the Administrative
Code. (G) What does the licensed family child care provider do if there
is a serious incident? (1) The licensed family
child care provider 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's services agency if
there are concerns of child abuse or neglect as required by rule 5101:2-13-19
of the Administrative Code. (3) The provider 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 5101:2-13-15 of the
Administrative Code are to accompany the child. (H) What are the disaster plan requirements for a licensed family
child care provider? The licensed family child care provider 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 home. (2) The disaster plan is to include
details for: (a) Shelter in place or evacuation, how the home 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
provider. (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 8:45 AM
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Rule 5101:2-13-17 | Programming and materials for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the programming requirements
for a licensed family child care provider? The requirements include: (1) Posting the daily
schedule in a visible place in the home. (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. Suitable weather is at a minimum twenty-five to
ninety degrees Fahrenheit. (a) For any infant over twelve months of age, toddler, preschool
and school-age child in attendance four or more consecutive daylight
hours. (b) If only one staff member is present and there is an infant
under twelve months of age in care, the provider is exempt from this
requirement. (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 family child care provider? The family child care provider 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 family child care provider shall have materials from each
category in appendix A to this rule for infants, toddlers and preschool-age
children. (b) The family child care provider 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.
View Appendix
Last updated October 29, 2021 at 8:46 AM
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Rule 5101:2-13-18 | Group size and ratios for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements for
staff/child ratios and maximum group size for a licensed family child care
provider? (1) Each child care staff
member shall care for no more than six children at any one time. No more than
three of those children may be under two years of age. (2) The family child care
provider shall not exceed the license capacity at any time when caring for
children during the provider's hours of operation. (3) The family child care
provider shall ensure that the required staff/child ratios are maintained at
all times including during routine trips and field trips. (B) What children in the home are counted
in ratio and group size? (1) Any child present at
the home who meets any of the following shall be counted in the group
size: (a) All children under six years old, including those related to
the provider, the provider's own children and residents of the family
child care home. (b) Children six years old through fourteen years old who are not
related to the provider. (c) Children six years old up to fifteen years old who are
related to the provider and for whom care is privately or publicly
funded. (d) Children fifteen years old through seventeen years old who
are authorized to the provider for publicly funded child care pursuant to
Chapter 5101:2-16 of the Administrative Code. (e) Foster children shall be counted as a child not related to
the provider. (2) If the parent of a
child is also present and caring for the child, the child does not count in
group size, unless the parent is the licensed family child care provider, a
resident of the family child care home, an employee, or a child care staff
member. (C) What are the requirements for providers to keep an attendance
record? (1) The provider 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 home 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.
Last updated October 29, 2021 at 8:46 AM
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Rule 5101:2-13-19 | Supervision of children and child guidance for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements for
supervision for a licensed family child care provider and child care staff
members? The family child care provider and each child
care staff member shall: (1) Leave no child
unsupervised. Supervision means the provider or child care staff member has
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 or hearing of the provider or child care staff member
at all times. Within sight or 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 provider or 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 provider or child care staff member shall remain outdoors
with infants, toddlers and preschoolers at all times. (b) School-age children may be permitted in the outdoor play
space without the provider or child care staff as long as the children remain
within sight and hearing of the provider or child care staff if both of the
following occur: (i) The children are not
engaged in higher risk activities such as but not limited to swimming,
activities with animals or using equipment with motors or moving
parts. (ii) The provider or
child care staff member are always able to intervene if needed. (c) When the outdoor play space is not on the premises, the
provider or child care staff member 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) With written parent
permission, school-age children may leave the provider's home for specific
activities, including: (a) Walking to and from the provider's home or
school. (b) Walking home or to another destination. (2) The written
permission shall specify: (a) Child's name. (b) Location of the activity. (c) Arrangements for going to and from the activity. (d) Start and end time of the activity. (e) Time period for when the permission is given. (f) Parent's signature and date. (C) What are the child guidance
techniques to be used in the licensed family child care home? (1) The provider, child
care staff members and substitutes shall follow appendix A to this rule
regarding guidance techniques to be used with children. (2) The provider shall
communicate and consult with the parent prior to implementing a specific
behavior management plan. This plan shall be in writing, signed by the parent
and shall be consistent with the requirements of this rule. (3) When a child is
expelled from the family child care home 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 5101:2-13-16 of the Administrative
Code. (D) What are the child abuse and/or
neglect reporting requirements? If the provider, 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 8:46 AM
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Rule 5101:2-13-20 | Sleeping and napping requirements for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the sleep and nap
requirements for a licensed family child care provider? (1) The family child care
provider shall provide a quiet space for children who want to rest, nap or
sleep, including provider's own children. (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. (B) Where may children nap or rest at the
home? (1) The family child care
provider may assign cribs, playpens, beds, couches, cots or mats to individual
children. (2) An air mattress designed for
overnight sleeping may be used. All manufacturer's warnings are to be
followed. Air mattresses designed for use as flotation devices shall not be
used for napping or sleeping. (3) 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. (4) 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. (5) No child shall be permitted to rest,
nap or sleep on the floor without a mat, pad or cot. (C) What are the crib and playpen requirements for a licensed
family child care provider? (1) Unless the infant
meets the requirements of paragraph (D) of this rule, each infant in attendance
shall have a separate crib or playpen that meets the following
requirements: (a) Any crib manufactured before June 28, 2011 shall have a
certificate of compliance (COC) on file. The provider 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 is to be attached to the crib. (c) Cribs and playpens shall be used according to
manufacturer's instructions. (d) Each crib and playpen 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 or playpen and between the bars and end panels of the crib or
playpen shall not exceed two and three-eighths inches. (iii) Playpen mesh
openings shall be less than one quarter inch. (e) Cribs and playpens shall be used with the mattress supports
in their lowest positions and the sides in the highest positions. (f) Each crib shall have a firm mattress that is at least one and
one half inches thick. (g) Each playpen shall have a firm mattress or pad that does not
exceed one inch in thickness. (h) The space between the mattress and the side or end panels of
the crib or playpen shall not exceed one and one-half inches. (i) 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. (j) 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) Bumper pads shall not be
used. (4) Nothing shall be placed or hung over
the side that obstructs the provider's view of the infant. (5) Infants shall not be placed in cribs
with bibs or any other items which could pose a strangulation or suffocation
risk. (6) No blankets shall be
in the crib or playpen 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. (7) The cribs or playpens may be placed
in storage on the premises if not currently assigned to an infant. (8) Infants shall be placed in their
cribs or playpens 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 or playpen, written
permission shall be obtained from a physician and shall be on
file. (9) 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. (10) Cribs or playpens assigned to a child
shall not be used for storage of toys and other materials. (D) When shall children stop using cribs
or playpens? (1) When the child is
able to climb out of the crib or playpen. (2) When the child
reaches the height of thirty-five inches. (3) An infant twelve
months or older may use a cot, pad or mat with written permission from the
parent. (4) If the use of a crib
or playpen 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 8:47 AM
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Rule 5101:2-13-21 | Evening and overnight care for a licensed family child care provider.
Effective:
October 29, 2021
(A) When is a licensed family child care
provider considered to be providing evening and overnight care? Evening or overnight care is when children are in
attendance any time between the hours of seven p.m. and six a.m. (B) What is required when evening and
overnight care is provided? If the licensed family child care provider has
evening or overnight care, the following are required: (1) The provider and/or child care staff
member shall remain awake until all children are asleep. When children sleep in
the evening or overnight, the provider shall have a monitoring device that
ensures sight or hearing at all times. (2) Children under the age of five shall
sleep on the same floor as the provider and/or child care staff
member. (3) The home shall provide adequate
lighting indoors in all areas, including bathrooms, hallways and sleeping rooms
to ensure that children can be seen by the provider. (4) When parents arrive or depart after
daylight hours, the provider shall assure that outdoor walkways and entrances
to be used are adequately lighted for safety and security. (5) Children shall only sleep during
evening and overnight care in areas that have been approved for
sleeping. (6) Bedtime routines shall be developed
and followed in consultation with the parents of the children. (C) What sanitary environment and additional hygiene stipulations
shall be followed by the provider or child care staff member? The provider or child care staff member
shall: (1) Ensure that each
child who sleeps at the home for four or more hours has clean, comfortable
sleeping clothes. (2) 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 home provides bathing. The provider shall
also have written permission from the parent prior to allowing the child to
bathe. (7) Ensure bath tubs 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 8:47 AM
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Rule 5101:2-13-22 | Meal preparation/nutritional requirements for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements for meals
and snacks for a licensed family child care provider? The family child care provider 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 provider, 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 onsite at the home 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 provider shall obtain written, dated and signed instructions from
the child's parent unless the special diet is part of the provider's
program. (8) Set its own policy regarding the
accommodation of a parent's alternate diet for a child when the provider
provides the meal. The provider 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, 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. Potentially hazardous foods such as, but not
limited to, milk, milk products, eggs, meat, poultry, fish, cooked rice, baked
or boiled potatoes shall be refrigerated at a temperature at or below forty
degrees Fahrenheit. (10) Have provisions for safe storage of
parent provided food. (11) Have drinking water freely available
to children throughout the day. (12) Ensure individual servings or
individual packages of food or drink that have been served to a child be
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 provider's home to be served again or sent
home. (13) Not have screens (television,
computer, etc.) on during meals and snacks. (B) What requirements shall a family child care provider
implement for safe, independent self-feeding? The family child care provider 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 of rule
5101:2-13-13 of the Administrative Code. (2) Eating utensils and dishes are
suitable for the age and developmental level of the children.
View AppendixView AppendixView Appendix
Last updated October 29, 2021 at 8:47 AM
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Rule 5101:2-13-23 | Infant care and diaper care for a licensed family child care provider.
Effective:
October 29, 2021
(A) What are the requirements for infant
daily care? (1) The licensed family
child care provider 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 or playpen, 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 or playpen 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 family child care provider shall: (1) Prepare and serve
infant food in a manner appropriate to the developmental needs of each child.
The family child care provider shall introduce new foods only after
consultation with the parent. The provider 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 the provider prepares infant
formula they shall do so according to the manufacturer's instructions or
instructions from the infant's physician, physician 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 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. Providers shall follow the
chart in appendix A to this rule for storing breast milk. (C) What are the requirements for
diapering? (1) The family child care
provider shall change a child's diaper immediately when wet or
soiled. (2) Clothing shall be
changed immediately when wet or soiled. (3) When changing diapers
the provider is to comply with the following: (a) The provider 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 using gloves while diapering, the provider is to use
non-latex gloves. (4) The family child care provider 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 provider 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 provider shall store soiled diapers and diapering
washcloths, which are to be laundered in the provider's home, in a covered
container with sanitizing solution. (c) If soiled diapers are to be commercially laundered, the
provider shall hold them for laundering pickup for no longer than seven
days. (d) The provider 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 provider is laundering diapers, the provider 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 provider shall ensure that toilet training is
never forced.
View Appendix
Last updated October 29, 2021 at 8:48 AM
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Rule 5101:2-13-24 | Swimming and water safety requirements for a licensed family child care provider.
Effective:
October 29, 2021
(A) Are on-site pools allowed to be used
at a licensed family child care home? (1) If the family child
care provider has a swimming pool located on the premises, the provider shall
make the pool inaccessible to children who are in care by a fence or other
physical barrier (the locked house door is not a sufficient barrier) that
prevents children from accessing the water. A pool shall meet at least one of
the following barrier options: (a) For in-ground or at ground level pool: (i) A barrier that
prevents a child from going around, under or through to access the pool water
and the means of access to the pool (i.e. ladder, gate to deck) is secured,
locked or removed to prevent access to pool water. (ii) A fence that is at
least four feet tall that separates the pool from the play area. (iii) A secure cover that
meets the following standards: (a) Inhibits access to
the pool water. (b) Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through. (c) Is able to hold a
weight of at least four hundred eighty-five pounds. (d) Has manufacture
safety label attached. (e) Prevents water
collecting on the cover surface. (b) For an above ground or above ground level
pool: (i) A minimum of four
feet walls (four feet above ground level) that are non-climbable and
non-inflatable and the means of access to the pool (i.e. ladder, gate to deck)
is secured, locked or removed to prevent access to pool water. (ii) A fence that is at
least four feet tall that separates the pool from the play area. (iii) A secure cover that
meets the following standards: (a) Inhibits access to
the pool water. (b) Demonstrates an
opening is sufficiently small and strong enough to prevent an infant from
passing through. (c) Is able to hold a
weight of at least four hundred eighty-five pounds. (d) Has manufacture
safety label attached. (e) Prevents water
collecting on the cover surface. (2) The provider shall
not permit use of the pool by children in care. (B) What are the requirements for swimming sites for
licensed family child care? (1) Approved off-site
swimming sites shall meet all state and local guidelines for environmental
health inspections. Activities in bodies of water more than eighteen inches 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. (2) Pursuant to rule
5101:2-13-19 of the Administrative Code, the provider shall actively supervise
children and shall be able to clearly see all parts of the swimming area,
including the bottom of the pool. The provider shall not serve as the life
guard. (3) The use of saunas, hot tubs and spas
by children is prohibited and these items shall be inaccessible to
them. (4) Swimming in lakes, rivers, ponds,
creeks or other similar bodies of water is prohibited. (5) The provider 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 disinfected daily or more often if
needed. (b) The provider 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. (C) What are the requirements for
parental permission for water and swimming activities? (1) The provider 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 home. Written permission for
on-going activities such as the wading pools shall be updated
annually. (D) 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 provider 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.
Last updated October 29, 2021 at 8:48 AM
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Rule 5101:2-13-25 | Medication administration for a licensed family child care provider.
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 required by a JFS 01236 "Child Medical/Physical
Care Plan for Child Care" pursuant to rule 5101:2-13-15 of the
Administrative Code. (3) The JFS 01217 is not
required for non-prescription topical products or lotions. (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 family child care
provider shall ensure that the parent completes and signs box one of the JFS
01217. (2) The family child care
provider 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 family child care provider 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 the 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
family child care provider shall: (1) Ensure that the
product is stored in the original container with 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 family child
care home to administer medications, medical foods or topical products in a
licensed family child care home? The family child care provider shall: (1) Not administer any
medication, medical food, or topical product until the child has received the
first dose or application at least once prior to the provider 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 family child care
home? The family child care provider shall: (1) Safely store all
medication, medical foods, and topical products immediately upon arrival at the
home. 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 all household
and child 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 home. (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
home if needed. (5) Ensure that medications, medical
foods, and topical products are accessible to child care staff members at all
times. (6) Ensure that medications, medical
foods, and topical products are removed from the home when no longer needed or
expired.
Last updated October 29, 2021 at 8:49 AM
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Rule 5101:2-13-26 | County agency responsibilities for licensed family child care providers.
Effective:
October 29, 2021
(A) What are the responsibilities of the county agency staff for
licensed family child care providers? (1) The county agency shall comply with
all requirements set forth in Chapter 5104. of the Revised Code and Chapter
5101:2-13 of the Administrative Code. (2) The county agency is to train anyone
employed by the county agency to inspect or investigate licensed family child
care homes using the curriculum provided by the Ohio department of job and
family services (ODJFS). (a) The training shall be documented using the form included with
the curriculum. Documentation shall be maintained on file at the county agency.
The documentation shall remain on file for at least three years after the
person is no longer conducting inspections or investigations of licensed family
child care homes. (b) The training shall be completed prior to the person
conducting inspections or investigations. (c) If the curriculum is revised, the county agency shall
document that anyone conducting inspections or investigations has reviewed the
revised materials or has completed the training again. (d) The county agency is not to have additional
requirements for licensing family child care providers. (3) The county agency is
to follow ODJFS policies and procedures for all responsibilities as
assigned. (B) What documentation shall be maintained by the county and what
can be shared? (1) The county agency shall enter all
child care licensing information required in the Ohio child licensing and
quality system (OCLQS). (a) Full inspections within seven business days of
inspection. (b) Revised inspections within seven business days of
revision. (c) Complaint intake data within five business days of receipt of
complaint. (d) Complaint inspections within seven business days of
inspection or the completion of a public children services agency (PCSA)
investigation, if applicable. (e) Review of compliance materials within twenty business days of
submission. (2) The county agency shall maintain a
case file on all licensed family child care providers. The following
certification and licensing documents are to be included in each
provider's file using the following retention schedule: (a) The initial application and all supporting documentation (for
the life of the license), unless the information is in OCLQS. (b) Inspection reports not documented in OCLQS (for five years
from the date of the report). (c) All correspondence with the family child care provider or
regarding the license (for five years from the date of the
correspondence). (d) Compliance materials (for five years from the date of the
materials). (e) Copies of all written notices to the provider (for five years
from the date of the notices). (f) Valid copies of the JFS 01176 "Program
Notification of Background Check Review for Child Care" for the provider,
child care staff members, employees, and residents, (replace after expiration
for the life of the license), if not in the Ohio professional registry
(OPR). (3) The files required in paragraph
(B)(2) of this rule shall be maintained according to the retention schedule for
all open licenses. If a license is closed or revoked, the county agency shall
maintain the provider file for two years after the date the license is closed
or revoked. (4) The county agency shall not
disseminate the following confidential information: (a) The identity of an information source or witness to whom
confidentiality has been reasonably promised, or the identity of a complainant
for whom confidentiality is required. (b) Any information, when such information would disclose the
identity of one to whom such confidentiality has been reasonably
promised. (c) Provider medical records pertaining to the medical history,
diagnosis, prognosis or medical condition of the provider, which are generated
and maintained in the process of medical treatment, except as authorized by
section 1347.08 of the Revised Code if requested by the subject of the
report. (5) As needed, the county agency shall
share information with the PCSA or a law enforcement agency concerning an
investigation of alleged child abuse or neglect or criminal
activity. (6) A provider shall have the right to
access, review and make copies of any information in the county agency or ODJFS
files of the provider, except information prohibited by state or federal law.
The provider may be accompanied by a representative or other legal
representation for this purpose and/or may authorize a legal representative to
access such information. (7) The county agency is responsible for
sharing all provider, client and fiscal information with ODJFS during the
course of a monitoring review of its licensing program or if ODJFS is
investigating a complaint involving the county agency. (8) ODJFS shall have access to all
information in the provider's file.
Last updated October 29, 2021 at 8:49 AM
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