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

Rule 5180:2-13-07 | 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 evidence of current immunizations or exemptions as specified in paragraph (B) of this rule.

(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.

(g) Complete a rules review course provided by the Ohio department of children and youth (DCY).

(i) If the family child care provider or type A administrator is named on the license on or after July 1, 2026, they are to complete the rules review course within one year of the appointment and every five years thereafter.

(ii) Verification of completion of the rules review course is to be documented in the Ohio professional registry (OPR).

(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 DCY 01933 "Liability Insurance Statement for Family Child Care Providers" if the family child care provider is not obtaining liability insurance and shall provide the DCY 01933 to the parent of each child receiving care in the home. The DCY 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 DCY 01933 shall be kept on file at the home.

(B) What are the immunization record requirements for a licensed family child care home?

If not previously submitted to DCY, maintain the following documentation on-site at the home within thirty days from the start date of employment or operation of the family child care home:

(1) Written evidence of immunization against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease is not to be substituted for rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies will be accepted in lieu of rubella vaccine.

(2) Written evidence of immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed physician as defined in Chapter 4731. of the Revised Code, physician assistant (PA), advanced practice registered nurse (APRN) or licensed pharmacist.

(3) A written or electronic statement of immunization exemption for reasons of conscience, including religious convictions or medical reasons.

(a) If the exemption is for reasons of conscience, including religious convictions, written or electronic documentation may be signed by the individual.

(b) If the exemption is for medical reasons, written or electronic documentation is to be signed by a licensed physician, PA, or APRN.

(C) 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) 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 5180:2-13 of the Administrative Code, and if applicable, Chapter 5180:2-16, 5180:6-1 or 5180:2-17 of the Administrative Code.

(3) Provide the parent and all employees with the policies and procedures in appendix C to this rule.

(4) Provide a copy of appendix D to this rule to the parents of children enrolled in the home.

(5) Update in the Ohio statewide licensing system no later than ten business 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.

(6) Be responsible for all information provided to the county agency or DCY including information provided by a child care staff member, employee, administrator or resident of the home.

(7) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5180:2-13 of the Administrative Code.

(8) Submit in the Ohio statewide licensing system an updated "Adjudicated a delinquent child statement" within ten business days if a child residing in the home is adjudicated a delinquent child.

(D) 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 start date, including date of hire.

(c) Update changes to positions or roles in the OPR within ten business days of a change.

(4) Update the program's organization dashboard in the OPR within ten business 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 5180:2-13 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 DCY 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 DCY for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5180:2-13 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 ten business days of becoming a resident or turning eighteen.

(7) Within ten business days of a change in residency, update the program's organization dashboard in the OPR for residents over the age of eighteen, if applicable.

(E) 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.

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Last updated July 1, 2026 at 8:36 AM

Supplemental Information

Authorized By: 5104.017, 5104.018, 5104.041
Amplifies: 5104.017, 5104.018, 5104.03, 5104.041
Five Year Review Date: 7/1/2031
Prior Effective Dates: 4/1/1982, 5/20/1983, 10/1/1983, 9/1/1986, 9/5/1986, 2/15/1988, 5/1/1989, 7/1/1995, 3/15/1996, 10/15/1996, 10/1/1997 (Emer.), 12/30/1997, 1/1/2001, 4/1/2003, 7/1/2003, 1/1/2007, 9/1/2007, 8/14/2008, 9/29/2011, 8/3/2013, 1/1/2014, 12/31/2016, 10/29/2017, 12/1/2019, 10/29/2021