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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5101:2-13 | Licensing Family Care Homes

 
 
 
Rule
Rule 5101:2-13-01 | Definitions for licensed family child care.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.01
Five Year Review Date: 10/29/2026
Prior Effective Dates: 9/5/1986, 9/29/2011, 9/28/2015, 10/29/2017
Rule 5101:2-13-02 | Application and amendments for a family child care provider license.
 

(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

Supplemental Information

Authorized By: 5104.018, 5104.017
Amplifies: 5104.022, 5104.018, 5104.017, 5104.03
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 9/1/1986, 9/5/1986, 2/15/1988, 5/1/1989, 10/1/1997 (Emer.), 12/30/1997, 4/1/2003, 1/1/2007, 12/1/2009, 1/9/2011, 9/29/2011, 1/1/2014, 12/31/2016
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

Supplemental Information

Authorized By: 5104.017, 5104.018, 5104.043
Amplifies: 5104.03, 5104.018, 5104.02, 5104.017, 5104.04, 5104.043
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 9/5/1986, 5/1/1989, 12/30/1997, 4/1/2003, 9/1/2005, 9/1/2007, 8/14/2008, 10/29/2017, 11/15/2020
Rule 5101:2-13-04 | Building department inspection and fire inspection for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.052
Amplifies: 5104.052, 5104.051, 5104.05
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 9/25/1986, 2/15/1988, 5/1/1989, 10/1/1997 (Emer.), 9/1/2005, 9/1/2007, 8/14/2008, 7/1/2010, 1/1/2014, 11/22/2015, 4/3/2016
Rule 5101:2-13-05 | Denial, revocation and suspension of a family child care application or license.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018, 5104.042
Amplifies: 5104.03, 5104.04, 5104.042, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 8/14/2008
Rule 5101:2-13-06 | Procedures for a family child care provider operating under a provisional license.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.013, 5104.018, 5104.04, 5104.03, 5104.017
Five Year Review Date: 10/29/2026
Prior Effective Dates: 12/31/2016
Rule 5101:2-13-07 | Provider responsibilities, requirements and qualifications for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018, 5104.041
Amplifies: 5107.017, 5104.018, 5104.03, 5104.041, 5104.22
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 10/1/1983, 9/1/1986, 5/1/1989, 10/15/1996, 10/1/1997 (Emer.), 12/30/1997, 1/1/2007, 9/1/2007, 8/3/2013, 1/1/2014, 12/31/2016, 10/29/2017
Rule 5101:2-13-08 | Employees and child care staff members responsibilities and qualifications for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.018, 5104.017
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/1/1989, 7/1/1995, 12/30/1997, 6/1/2007, 12/1/2011, 1/1/2014, 10/29/2017, 10/29/2021
Rule 5101:2-13-09 | Background check requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.013
Amplifies: 5104.013, 5104.03
Five Year Review Date: 1/27/2029
Prior Effective Dates: 10/1/1997 (Emer.), 8/14/2008, 3/1/2009, 7/1/2010, 1/1/2014, 12/31/2016, 9/29/2019
Rule 5101:2-13-10 | Training and professional development requirements for a licensed family child care provider and child care staff members.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 10/1/1983, 9/1/1986, 2/15/1988, 5/1/1989, 10/15/1996, 10/1/1997 (Emer.), 7/1/2003, 8/14/2008, 7/1/2010, 10/29/2017
Rule 5101:2-13-11 | Indoor and outdoor space requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 2/15/1988, 10/1/1997 (Emer.)
Rule 5101:2-13-12 | Safe equipment and environment for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018, 5104.041, 2923.1212
Five Year Review Date: 10/29/2026
Prior Effective Dates: 5/20/1983, 9/1/1986, 9/5/1986, 5/1/1989, 7/1/2003, 1/1/2007, 9/1/2007, 7/1/2011, 10/29/2017
Rule 5101:2-13-13 | Sanitary equipment and environment for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.25, 5104.018, 5104.017
Amplifies: 5104.017, 5104.25, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 9/1/1986, 9/5/1986, 2/15/1988, 5/1/1989, 10/1/1997 (Emer.), 4/1/2003, 7/1/2003, 9/1/2005, 1/1/2007, 9/1/2007, 8/14/2008, 12/1/2009, 7/1/2010, 7/1/2011, 1/1/2014, 11/22/2015, 12/31/2016, 10/29/2017
Rule 5101:2-13-14 | Transportation and field trip safety for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 9/1/1986, 5/1/1989, 3/15/1996, 10/1/1997 (Emer.), 4/1/2003, 7/1/2003, 9/1/2005, 1/1/2007, 8/14/2008, 7/1/2010, 7/1/2011, 9/29/2011, 1/1/2014, 11/22/2015, 12/31/2016
Rule 5101:2-13-15 | Child record requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018, 5104.0110
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 12/30/1997, 4/1/2003, 1/1/2007, 8/14/2008, 12/1/2011, 1/1/2014
Rule 5101:2-13-16 | Emergency and health-related plans for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 9/1/1986, 5/1/1989, 10/1/1997 (Emer.), 7/1/2003, 12/1/2011, 12/31/2016
Rule 5101:2-13-17 | Programming and materials for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 10/1/1983, 10/15/1996, 10/1/1997 (Emer.), 8/14/2008
Rule 5101:2-13-18 | Group size and ratios for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018, 5104.01
Five Year Review Date: 10/29/2026
Prior Effective Dates: 9/1/1986, 10/15/1996, 12/30/1997, 9/1/2005, 1/1/2007, 9/29/2011, 1/1/2014
Rule 5101:2-13-19 | Supervision of children and child guidance for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018, 5104.01
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 9/5/1986, 5/1/1989, 4/1/2003, 1/1/2007, 9/29/2011, 12/31/2016
Rule 5101:2-13-20 | Sleeping and napping requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 9/1/1986
Rule 5101:2-13-21 | Evening and overnight care for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 1/1/2014
Rule 5101:2-13-22 | Meal preparation/nutritional requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/1982, 5/20/1983, 2/15/1988, 10/15/1996, 4/1/2003, 7/1/2003, 9/1/2005, 8/14/2008, 7/1/2011, 11/22/2015
Rule 5101:2-13-23 | Infant care and diaper care for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 5/20/1983, 2/15/1988, 8/14/2008, 12/31/2016, 10/29/2017
Rule 5101:2-13-24 | Swimming and water safety requirements for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 4/1/2003
Rule 5101:2-13-25 | Medication administration for a licensed family child care provider.
 

(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

Supplemental Information

Authorized By: 5104.017, 5104.018
Amplifies: 5104.017, 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 9/1/1986, 10/1/1997 (Emer.), 12/30/1997
Rule 5101:2-13-26 | County agency responsibilities for licensed family child care providers.
 

(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

Supplemental Information

Authorized By: 5104.018
Amplifies: 5104.018
Five Year Review Date: 10/29/2026
Prior Effective Dates: 2/15/1988, 11/1/1991 (Emer.), 12/30/1997, 8/14/2008, 12/31/2016