Ohio Revised Code Search
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Section 5104.0112 | Regulation of instruction in religious or moral doctrines, beliefs, or values prohibited.
...Notwithstanding any provision of the Revised Code, the director of children and youth shall not regulate in any way under this chapter or rules adopted pursuant to this chapter, instruction in religious or moral doctrines, beliefs, or values. |
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Section 5104.02 | License required.
...er 20, 1987, was being operated by a nonpublic school that holds a charter issued under section 3301.16 of the Revised Code for kindergarten only: (a) The nonpublic school has given the notice to the state board of education and the director of children and youth required by Section 4 of Substitute House Bill No. 253 of the 117th general assembly; (b) The nonpublic school continues to be chartered by the depart... |
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Section 5104.021 | Exemption of youth development programs.
...The director of children and youth may issue a child care center or type A family child care home license to a youth development program that is exempted by division (B)(8) of section 5104.02 of the Revised Code from the requirements of this chapter if the youth development program applies for and meets all of the requirements for the license. |
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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... |
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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,... |
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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... |
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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... |
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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... |
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Section 5104.037 | Tuberculosis screening, testing of prospective employees.
...(A) As used in this section: (1) "Active tuberculosis" has the same meaning as in section 339.71 of the Revised Code. (2) "Latent tuberculosis" means tuberculosis that has been demonstrated by a positive reaction to a tuberculosis test but has no clinical, bacteriological, or radiographic evidence of active tuberculosis. (3) "Licensed health professional" means any of the following: (a) A physician author... |
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Section 5104.038 | Enrollment, health, and attendance records.
...tain 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 pursuant to this chapter. Neither the center nor the ... |
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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... |
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Section 5104.04 | Investigating, inspecting, and licensing procedures established.
...ome, or licensed type B home, reviewing records, or interviewing licensees, employees, children, or parents. (b) Upon receipt of any complaint that a center, type A home or licensed type B home is out of compliance with the requirements of this chapter or rules adopted pursuant to this chapter, the department shall investigate the center or home, and both of the following apply: (i) If the complaint alleges tha... |
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Section 5104.041 | Type A and B family child care home requirements.
...(A) All type A family child care homes and licensed type B family child care homes shall procure and maintain one of the following: (1) Liability insurance issued by an insurer authorized to do business in this state under Chapter 3905. of the Revised Code insuring the type A or type B family child care home against liability arising out of, or in connection with, the operation of the family child care home. The i... |
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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... |
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Section 5104.043 | Determination of serious risk of noncompliance; notice.
...(A) If the department of children and youth determines that an act or omission of a child care center, type A family child care home, or licensed type B family child care home constitutes a serious risk noncompliance, the licensee shall notify 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 se... |
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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... |
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Section 5104.051 | Responsibility for inspections.
...(A)(1) The department of commerce is responsible for the inspections of child care centers as required by division (A)(1) 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 category of building occupancy which includes child care centers, all inspections re... |
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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. |
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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... |
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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... |
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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... |
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Section 5104.07 | Additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care.
...ports on child care supply, demand, and cost and to provide technical assistance to communities that do not have child care resource and referral service organizations and to existing child care resource and referral service organizations; (g) Requirements governing contracts entered into under division (C) of this section, which may include limits on the percentage of funds distributed by the department that may ... |
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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. |
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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. |
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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 ... |
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Section 5101.547 | Employment and training program redesign.
...(A) The department of job and family services shall redesign the employment and training program established under rules adopted by the department pursuant to division (A)(7) of section 5101.54 of the Revised Code. In redesigning the employment and training program, the department shall ensure that the new program meets the needs of employers in this state. (B) Not later than July 1, 2024, the department shall app... |
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Section 5101.548 | SNAP work requirements waivers and exemptions.
...(A)(1) Except as otherwise provided in division (A)(2) of this section, the department of job and family services shall not implement the option available under section 6(o)(6) of the "Food and Nutrition Act of 2008," 7 U.S.C. 2015(o)(6). (2) The department of job and family services may implement the option described in division (A)(1) of this section only to prevent a federal penalty and to maintain compliance wi... |
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Section 5101.549 | SNAP waiver to exclude sugar-sweetened beverages.
...The director of job and family services shall submit a request to the United States department of agriculture for a waiver to exclude sugar-sweetened beverages as items that may be purchased in this state under the supplemental nutrition assistance program. If a waiver submitted under this section is not approved, the director shall resubmit a request for a waiver on an annual basis. |
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Section 5101.55 | Abortion.
...(A) No person shall be ordered by a public agency or any person to submit to an abortion. (B) The refusal of any person to submit to an abortion or to give consent therefor shall not result in the loss of public assistance benefits or any other rights or privileges. (C) State or local public funds shall not be used to subsidize an abortion, except as provided in section 5101.56 of the Revised Code. |
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Section 5101.56 | Use of state or local funds for abortion services.
...(A) As used in this section, "physician" means a person who holds a valid license to practice medicine and surgery or osteopathic medicine and surgery issued under Chapter 4731. of the Revised Code. (B) Unless required by the United States Constitution or by federal statute, regulation, or decisions of federal courts, state or local funds may not be used for payment or reimbursement for abortion services unless th... |
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Section 5101.57 | Use of public facilities for nontheurapeutic abortions prohibited.
...rticle XVIII, Ohio Constitution. (3) "Public facility" means any institution, structure, equipment, or physical asset that is owned, leased, or controlled by this state or any agency, institution, instrumentality, or political subdivision thereof. "Public facility" includes any state university, state medical college, health district, joint hospital, or public hospital agency. (B) No public facility shall be used... |
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Section 5101.60 | Adult protective services definitions.
...t. (D) "Area agency on aging" means a public or private nonprofit entity designated under section 173.011 of the Revised Code to administer programs on behalf of the department of aging. (E) "Caretaker" means the person assuming the primary responsibility for the care of an adult by any of the following means: (1) On a voluntary basis; (2) By contract; (3) Through receipt of payment for care; (4) As a res... |
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Section 5101.61 | Implementing adult protective services.
...(A) The county departments of job and family services shall implement sections 5101.60 to 5101.71 of the Revised Code. (B) The director of job and family services may adopt rules in accordance with section 111.15 of the Revised Code to carry out the purposes of sections 5101.60 to 5101.71 of the Revised Code. The rules adopted pursuant to this division may include a requirement that the county departments provide on... |
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Section 5101.611 | Reimbursing costs of providing services.
... family services for all or part of the costs they incur in implementing sections 5101.60 to 5101.73 of the Revised Code. The director of job and family services shall adopt internal management rules in accordance with section 111.15 of the Revised Code that provide for reimbursement of county departments of job and family services under this section. The director shall adopt internal management rules in accordance ... |
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Section 5101.612 | Allocation of county adult protective services funds.
...his section shall be deposited into the public assistance fund created under section 5101.161 of the Revised Code. (C) In each fiscal year, the amount of funds available for distribution under this section shall be allocated to counties as follows: (1) If the amount is less than the amount initially appropriated for the immediately preceding fiscal year, each county shall receive an amount equal to the percentage... |
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Section 5101.62 | Training program.
...The department of job and family services shall do all of the following: (A) Provide a program of ongoing, comprehensive, formal training on the implementation of sections 5101.60 to 5101.73 of the Revised Code and require all protective services caseworkers and their supervisors to undergo the training; (B) Develop and make available educational materials for individuals who are required under section 5101.63 of t... |
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Section 5101.621 | Memorandum of understanding related to responsibilities in cases of adult abuse, neglect, and exploitation.
...(A) Each county department of job and family services shall prepare a memorandum of understanding that is signed by all of the following: (1) The director of the county department of job and family services; (2) If the county department has entered into an agreement or contract with a private or government entity pursuant to section 5101.652 of the Revised Code, the director of the entity; (3) The county peace ... |
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Section 5101.63 | Reporting abuse, neglect or exploitation of adult.
...ode are confidential and are not public records, as defined in section 149.43 of the Revised Code. In accordance with rules adopted by the department of job and family services, information contained in the report shall upon request be made available to the adult who is the subject of the report and to legal counsel for the adult. If it determines that there is a risk of harm to a person who makes a report under this... |
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Section 5101.631 | [Former R.C. 5101.612, amended and renumbered by H.B. 49, 132nd General Assembly, effective 9/29/2018] Uniform statewide automated adult protective services information system.
...m. The information system shall contain records regarding all of the following: (1) All reports of abuse, neglect, or exploitation of adults made to county departments of job and family services under section 5101.63 of the Revised Code; (2) Investigations conducted under section 5101.65 of the Revised Code; (3) Protective services provided to adults pursuant to sections 5101.60 to 5101.73 of the Revised Code; (4... |
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Section 5101.632 | Access to educational materials.
...Each entity that employs or is responsible for licensing or regulating the individuals required under section 5101.63 of the Revised Code to make reports of abuse, neglect, or exploitation of adults shall ensure that the individuals have access to the educational materials developed under division (B) of section 5101.62 of the Revised Code. |
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Section 5101.64 | Referring cases of abuse.
... department shall refer the case to the public children services agency of that county. (E) If a county department of job and family services knows or has reasonable cause to believe that the subject of a report made under section 5101.63 of the Revised Code or of an investigation conducted under section 5101.65 of the Revised Code is being or has been criminally exploited, the department shall notify a local law en... |
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Section 5101.65 | Investigations.
...The county department of job and family services or its designee shall be responsible for the investigation of all reports provided for in section 173.20 or 5101.63 and all cases referred to it under section 5126.31 of the Revised Code and for evaluating the need for and, to the extent of available funds, providing or arranging for the provision of protective services. Investigation of the report provided for in sec... |
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Section 5101.651 | Temporary restraining order.
...If, during the course of an investigation conducted under section 5101.65 of the Revised Code, any person, including the adult who is the subject of the investigation, denies or obstructs access to the residence of the adult, the county department of job and family services may file a petition in court for a temporary restraining order to prevent the interference or obstruction. The court shall issue a temporary rest... |
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Section 5101.652 | Authority to contract with other entities to perform certain duties.
...The county department of job and family services may enter into an agreement or contract with any private or government entity to perform the following duties: (A) In accordance with division (G) of section 5101.63 of the Revised Code, receive reports made under that section; (B) Perform the county department's duties under section 5101.65 of the Revised Code; (C) Petition the court pursuant to section 5101.68 or... |
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Section 5101.66 | Request or consent to receiving protective services.
...Any person who requests or consents to receive protective services shall receive such services only after an investigation and determination of a need for protective services. The investigation shall be performed in the same manner as the investigation of a report pursuant to section 5101.65 of the Revised Code. If the person withdraws consent, the protective services shall be terminated. |
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Section 5101.68 | Petitioning for court order to provide protective services.
...If the county department of job and family services determines that an adult is in need of protective services and is an incapacitated person, the department may petition the court for an order authorizing the provision of protective services. If the adult is in need of protective services as a result of exploitation, the county prosecutor may file the petition. The petition shall state the specific facts alleging th... |
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Section 5101.681 | Notice of petition.
...Notice of a petition for the provision of court-ordered protective services as provided for in section 5101.68 of the Revised Code shall be personally served upon the adult who is the subject of the petition at least five working days prior to the date set for the hearing as provided in section 5101.682 of the Revised Code. Notice shall be given either orally or in writing in language reasonably understandable to the... |
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Section 5101.682 | Hearing.
...idual may be committed to a hospital or public hospital as defined in section 5122.01 of the Revised Code pursuant to this section. (D) The placement of an adult pursuant to court order as provided in this section shall not be changed unless the court authorized the transfer of placement after finding compelling reasons to justify the transfer. Unless the court finds that an emergency exists, the court shall notify ... |
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Section 5101.69 | Temporary restraining order to restrain person from interfering with provision of protective services.
...(A) If an adult has consented to the provision of protective services but any other person refuses to allow such provision, the county department of job and family services or the county prosecutor may petition the court for a temporary restraining order to restrain the person from interfering with the provision of protective services for the adult. (B) The petition shall state specific facts sufficient to demonstra... |
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Section 5101.70 | Emergency order.
...all not order a person to a hospital or public hospital as defined in section 5122.01 of the Revised Code. (F) If the county department or its designee determines that the adult continues to need protective services after the order provided for in division (D) of this section has expired, the county department, the department's designee, or the county prosecutor may petition the court for an order to continue protec... |