Rule 5180:2-13-08 | Employees and child care staff members responsibilities and qualifications for a licensed family child care provider.
(A) What are the immunization requirements for an employee and child care staff member of a family child care provider?
No later than thirty days from the start date of employment, each employee and child care staff member is to, unless otherwise exempt, provide written evidence of immunizations or exemptions in accordance with paragraph (B) of rule 5180:2-13-07 of the Administrative Code.
(B) What are the additional requirements for a child care staff member of a family child care provider?
Child care staff members, including substitute child care staff members and high school students and graduates working as child care staff members:
(1) Are to be at least sixteen years of age.
(2) Are to provide verification of a high school education, a high school diploma or Ohio high school equivalence diploma in accordance with the guidelines in appendix A to rule 5180:2-13-07 of the Administrative Code on or before the first day of employment.
(3) Are to complete the family child care staff orientation training as prescribed by the Ohio department of children and youth (DCY) 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 Ohio professional registry (OPR).
(4) Adult child care staff members 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.
(5) Adult child care staff members may act in the provider's place during an inspection if the provider is not present.
(C) What are the limitations on high school students and graduates working as child care staff members in a family child care home?
All high school students and graduates under the age of eighteen years old working in a family child care home:
(1) Are to be at least a high school junior (on or after the start of high school junior year) and enrolled in or completed one of the following:
(a) An early childhood education or child development career technical program.
(b) A child development associate (CDA) training program or achieved a CDA credential for the age group in which the high school student is working.
(c) A college credit program with early childhood education or child development focus.
(2) Are to maintain compliance with all the requirements of a child care staff member in Chapter 5180:2-13 of the Administrative Code.
(3) Are not to be left alone in the home while caring for children .
(4) Are not to be the administrator, provider, or designee of a family child care home.
(5) Are not permitted to transport children or act as a driver of a family child care home.
(6) Are not permitted to be left alone with the children on routine trips or field trips.
(7) Are not permitted to administer medication or perform medical procedures.
(8) 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 and high school students and graduates working as child care staff 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 their start date, including date of hire.
(3) Update their individual profiles or employment records in the OPR within ten business 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 DCY 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.
Last updated July 1, 2026 at 8:36 AM
Supplemental Information
Amplifies: 5104.017, 5104.018
Five Year Review Date: 7/1/2031
Prior Effective Dates: 4/1/1982, 5/20/1983, 9/1/1986, 9/5/1986, 2/15/1988, 5/1/1989, 7/1/1995, 3/15/1996, 10/1/1997 (Emer.), 12/30/1997, 4/1/2003, 7/1/2003, 1/1/2007, 6/1/2007, 8/14/2008, 7/1/2011, 12/1/2011, 1/1/2014, 12/31/2016, 10/29/2017, 10/29/2021, 1/27/2024