Ohio Revised Code Search
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Section 5104.022 | Licensing of foster homes as family child care homes.
...In no case shall the director of children and youth issue a license to operate a type A family child care home if the type A home is certified as a foster home or specialized foster home pursuant to Chapter 5103. of the Revised Code. In no case shall the director issue a license to operate a type B family child care home if the type B home is certified as a specialized foster home pursuant to Chapter 5103. of the Rev... |
Section 5104.03 | Application for and renewal of license.
...(A) As used in this section, "owner" has the same meaning as in section 5104.01 of the Revised 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. (B) Any person, firm, organization, institution, or agency seeking to establish a child care center, type A family child care home,... |
Section 5104.032 | Physical space requirements for child care centers.
...(A) The child care center shall have, for each child for whom the center is licensed, at least thirty-five square feet of usable indoor floor space wall-to-wall regularly available for the child care operation exclusive of any parts of the structure in which the care of children is prohibited by law or by rules adopted by the board of building standards. The minimum of thirty-five square feet of usable indoor floor s... |
Section 5104.033 | Staff to child ratios.
...(A)(1) A child care center shall have at least two responsible adults available on the premises at all times when seven or more children are in the center. The center shall organize the children in the center in small groups, shall provide child care staff to give continuity of care and supervision to the children on a day-by-day basis, and shall ensure that no child is left alone or unsupervised. Except as otherwise... |
Section 5104.034 | Trained staff required on premises.
...Each child care center shall have on the center premises and readily available at all times at least one child care staff member who has completed a course in first aid, one staff member who has completed a course in prevention, recognition, and management of communicable diseases which is approved by the state department of health, and a staff member who has completed a course in child abuse recognition and preventi... |
Section 5104.037 | Tuberculosis screening, testing of prospective employees.
...d by the world health organization as having a high burden of tuberculosis; (2) Arrived in the United States within the five years immediately preceding the date of application for employment. (C) If the person meets the criteria described in division (B) of this section, the center shall require the person to undergo a tuberculosis test before employment. If the result of the test is negative, the center may e... |
Section 5104.038 | Enrollment, health, and attendance records.
...The administrator of each child care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential, except that they shall be disclosed by the administrator to the director of children and youth upon request for the purpose of administering and enforcing this chapter and rules adopted... |
Section 5104.039 | Access to centers for parents or guardians.
...(A) Any parent who is the residential parent and legal custodian of a child enrolled in a child care center and any custodian or guardian of such a child shall be permitted unlimited access to the center during its hours of operation for the purposes of contacting their children, evaluating the care provided by the center, evaluating the premises of the center, or for other purposes approved by the director. A parent... |
Section 5104.04 | Investigating, inspecting, and licensing procedures established.
...child suffered physical harm while receiving child care at the center or home or that the noncompliance alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving child care at the center or home, the department shall inspect the center or home. (ii) If division (B)(1)(b)(i) of this section does not apply regarding the complaint, the department may inspect the... |
Section 5104.041 | Type A and B family child care home requirements.
...ardian, or custodian of each child receiving child care from the type A or type B family child care home that states all of the following: (a) The family child care home does not carry liability insurance described in division (A)(1) of this section; (b) If the licensee of a type A family child care home or a type B family child care home is not the owner of the real property where the family child care home is... |
Section 5104.042 | Suspension of child care center and home licenses without hearing.
...home, or licensed type B home. (2) A public children services agency receives a report pursuant to section 2151.421 of the Revised Code, and the person alleged to have inflicted abuse or neglect on the child who is the subject of the report is any of the following: (a) The owner, licensee, or administrator of the center, type A home, or licensed type B home; (b) An employee of the center, type A home, or lic... |
Section 5104.043 | Determination of serious risk of noncompliance; notice.
...the caretaker parent of each child receiving care in the center or home of the department's determination. (B) With respect to the notice required by division (A) of this section, all of the following apply: (1) The licensee shall notify caretaker parents not later than fifteen business days after the department informs the licensee of the department's determination. If the licensee requests a review of the dep... |
Section 5104.05 | Requirements for building, fire prevention, and food service.
...(A) The director of children and youth shall issue a license or provisional license for the operation of a child care center, if the director finds, after investigation of the applicant and inspection of the center, that other requirements of this chapter, rules promulgated pursuant to this chapter, and the following requirements are met: (1) The buildings in which the center is housed, subsequent to any major mod... |
Section 5104.051 | Responsibility for inspections.
...ee by the applicant to the department having jurisdiction to inspect. (2) The department of commerce is responsible for the inspections of type A family child care homes as required by division (B)(3) of section 5104.05 of the Revised Code. Where there is a municipal, township, or county building department certified under section 3781.10 of the Revised Code to exercise enforcement authority with respect to the ca... |
Section 5104.052 | Fire prevention and fire safety in licensed type B family child care homes.
...nsed that is providing or is to provide publicly funded child care. |
Section 5104.053 | Inspecting unlicensed type B homes.
...As a precondition of approval by the department of education and workforce pursuant to section 3313.813 of the Revised Code for receipt of United States department of agriculture child and adult care food program funds established under the "National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as amended, the provider of child care in a type B family child care home that is not licensed by the director of... |
Section 5104.054 | Zoning for type B family child care home.
...Any type B family child care home, whether licensed or not licensed by the director of children and youth, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other spe... |
Section 5104.06 | Providing consultation and technical assistance.
...(A) The director of children and youth shall provide consultation, technical assistance, and training to child care centers, type A family child care homes, and type B family child care homes to improve programs and facilities providing child care. As part of these activities, the director shall provide assistance in meeting the requirements of this chapter and rules adopted pursuant to this chapter and shall furnish... |
Section 5104.07 | Additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care.
...and referral service organizations receiving funds distributed by the department may enter into contracts with local governmental entities, nonprofit organizations including nonprofit organizations that provide child care, and individuals under which the entities, organizations, or individuals may provide child care resource and referral services in the community with those funds, if the contracts are submitted to an... |
Section 5104.081 | Management of child care functions.
...The department of children and youth shall employ at least one senior-level, full-time employee who shall manage and oversee all child care functions under the authority of the department. |
Section 5104.09 | Discrimination prohibited.
...No administrator, employee, licensee, or child care staff member shall discriminate in the enrollment of children in a child care center, type A home, licensed type B home, or approved child day camp upon the basis of race, color, religion, sex, disability, or national origin. |
Section 5104.10 | Whistleblower protection.
...No employer shall discharge, demote, suspend, or threaten to discharge, demote, suspend, or in any manner discriminate against any employee based solely on the employee taking any of the following actions: (A) Making any good faith oral or written complaint to the director of children and youth or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the ... |
Section 5104.12 | Certification of in-home aides to provide publicly funded child care.
...spect every home of a child who is receiving publicly funded child care in the child's own home while the in-home aide is providing the services. Inspections may be unannounced. Upon receipt of a complaint, the county director shall investigate the in-home aide, shall investigate the home of a child who is receiving publicly funded child care in the child's own home, and division (D)(2) of this section applies regard... |
Section 5104.13 | Publishing state statutes and rules governing certification of type B family child care homes.
...ner that the guide is accessible to the public, including type B home providers. |
Section 5104.14 | Readability of materials.
...All materials that are supplied by the department of children and youth to type A family child care home providers, type B family child care home providers, in-home aides, persons seeking to be type A family child care home providers, type B family child care home providers, or in-home aides, and caretaker parents shall be written at no higher than the sixth grade reading level. The department may employ a readabilit... |