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

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, 9/1/1986, 5/1/1989, 10/1/1997, 4/1/2003, 7/1/2003, 8/14/2008, 12/1/2011, 1/1/2014, 12/31/2016