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Ohio Revised Code Search

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Section 5103.0326 | Nonrenewals based on refusals to accept children.

...(A) A recommending agency may recommend that the department of children and youth revoke a foster home certificate under section 5103.03 of the Revised Code if the foster caregiver refused to accept the placement of any children into the foster home during the preceding twelve months. Based on the agency's recommendation, the department may revoke a foster home certificate pursuant to an adjudication under Chapter 11...

Section 5103.0327 | Physical examinations.

...Any physical examination required in the determination of foster home placement may be conducted by any individual authorized by the Revised Code to conduct physical examinations, including a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife. Any written documentation of the physical examination shall be completed by the individual who conducted the examina...

Section 5103.0328 | Notice of arrest or conviction of foster caregiver.

...(A) Not later than ninety-six hours after receiving notice from the superintendent of the bureau of criminal identification and investigation pursuant to section 109.5721 of the Revised Code that a foster caregiver has been arrested for, convicted of, or pleaded guilty to any foster caregiver-disqualifying offense, and not later than ninety-six hours after learning in any other manner that a foster caregiver has been...

Section 5103.0329 | Waiver of non-safety standards for kinship caregivers seeking foster home certification.

...(A) A recommending agency may submit a request to the department of children and youth, on a case-by-case basis only, to waive any non-safety standards for a kinship caregiver seeking foster home certification. Non-safety standards include training hours and other requirements under sections 5103.031 and 5103.032 of the Revised Code and standards established by rules adopted under sections 5103.03 and 5103.0316 of th...

Section 5103.04 | Articles of incorporation to be filed with department of children and youth.

...ch association is desirable and for the public good. Amendments proposed to the articles of incorporation of any such association shall be submitted in like manner to the department, and the secretary of state shall not record such amendment or issue a certificate therefor until there is filed in the secretary of state's office the certificate of the department that it has examined such amendment, that the associa...

Section 5103.05 | Notice of operation.

...agency, private noncustodial agency, or public children services agency, that has been certified by the department of children and youth to operate a children's residential center, and in which eleven or more children, including the children of any staff residing at the facility, are given nonsecure care and supervision twenty-four hours a day. (2) "Children's crisis care facility" has the same meaning as in secti...

Section 5103.051 | Community engagement plan.

...ng agency, private noncustodial agency, public children services agency, or superintendent of a county or district children's home shall establish a community engagement plan in accordance with rules adopted under division (B) of this section for each residential facility the agency, entity, or superintendent operates. (B) The department of children and youth shall adopt rules in accordance with Chapter 119. of th...

Section 5103.052 | Residential facility - applicability.

...idential facility that is operated by a public children services agency, private child placing agency, private noncustodial agency, or superintendent of a county or district children's home for the placement of foster children.

Section 5103.053 | Residential facility criminal records check.

...r division (A) of this section is not a public record for the purposes of section 149.43 of the Revised Code and shall not be made available to any person other than the following: (1) The person who is the subject of the criminal records check or the person's representative; (2) The appointing or hiring officer requesting the criminal records check or the officer's representative; (3) The department of childre...

Section 5103.054 | Review of residential facility locations.

...Not later than one hundred eighty days after the effective date of this section, the department of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code that do all of the following: (A) Divide the state into regions; (B) Determine an ideal number of residential facilities for each region by reviewing the total number of children in foster care in the region requiring care in a ...

Section 5103.055 | Communications regarding a residential facility.

...Not later than ninety days after the effective date of this section, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code to establish both of the following: (A) A procedure for individuals in a community in which a residential facility is located to communicate concerns, complaints, or other pertinent information to the department regarding the facility; (B) S...

Section 5103.056 | Evidence of corrective action after violation.

...If the department of children and youth has determined that a residential facility has violated a requirement for certification and issues a corrective action plan for the facility to remedy the violation, the operator of the facility shall provide documentary evidence of the correction. Self-attestation of the correction without documentary evidence shall not be sufficient proof of correction of the violation.

Section 5103.057 | Revocation of conditional use permit.

...(A) A county, township, or municipal corporation may revoke any conditional use permit issued by the county, township, or municipal corporation respecting real property used as a residential facility, if the operator of the facility fails to comply with the requirements of the permit or has failed to fulfill the requirements of a corrective action plan issued by the department of children and youth for a finding of n...

Section 5103.058 | Annual compliance visit.

...(A) The department of children and youth shall conduct a site visit of a residential facility at least annually to ensure certification compliance. The department may conduct a site visit more than once a year in accordance with rules adopted under division (B) of this section. The department is not required to provide advance notification to the residential facility of a site visit. (B) Not later than ninety days ...

Section 5103.0510 | Residential facility 24-hour emergency on-call procedure.

...Each operator of a residential facility shall establish a twenty-four-hour emergency on-call procedure to respond to contact from hospitals, law enforcement officers, and first responders regarding emergencies involving a child under the care and supervision of the facility.

Section 5103.0512 | Annual staff survey and review.

...ff of all residential facilities and of public children services agencies and private child placing agencies working with children under the care and supervision of residential facilities regarding the status of these children. The survey shall examine concerns regarding residential facility operations, the children residing in the facility, and the staff working within and overseeing the facility. (B) The directo...

Section 5103.0513 | Education form.

... create a standard form to be used by a public children services agency or private child placing agency with custody of a child placed in a residential facility to convey information necessary to support the child's education. (B)(1) A public children services agency or private child placing agency with custody of a child shall complete the form under division (A) of this section for each child the agency places in...

Section 5103.07 | Department to administer funds received under federal child welfare and abuse programs.

...The department of children and youth shall administer funds received under Title IV-B of the "Social Security Act," 81 Stat. 821 (1967), 42 U.S.C.A. 620, as amended, and the "Child Abuse Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.A. 5101, as amended. In administering these funds, the department may establish a child welfare services program and a child abuse and neglect prevention and adoption reform ...

Section 5103.08 | Administering funds under state dependent care development grants.

...s to or enter into contracts with other public or private entities.

Section 5103.11 | Foster care and adoption initiatives fund.

...There is hereby created the foster care and adoption initiatives fund. The fund shall be in the custody of the treasurer of state, but shall not be part of the state treasury. The fund shall consist of moneys collected under section 2919.1912 of the Revised Code. All interest earned on the fund shall be credited to the fund. The purpose of the fund is to provide funding for foster care and adoption services and initi...

Section 5103.12 | Payments to encourage adoptive placement of children in permanent custody of public children services agency.

...nd youth may enter into agreements with public children services agencies and private child placing agencies under which the department will make payments to encourage the adoptive placement of children in the permanent custody of a public children services agency. If the department terminates, or refuses to enter into or renew, an agreement with a public children services agency or private child placing agency under...

Section 5103.13 | Children's crisis care facilities requirements and limitations.

...re preteens placed in the facility by a public children services agency or private child placing agency that has legal custody or permanent custody of the preteen and determines that an emergency situation exists necessitating the preteen's placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere. (b) "Children's crisis care facility" does not include an...

Section 5103.131 | Federal grant application for children's crisis care facilities.

...The department of children and youth may apply to the United States secretary of health and human services for a federal grant under the "Child Abuse Prevention and Treatment Act," 42 U.S.C. 5116, and the "Family First Prevention Services Act," 42 U.S.C. 50711, 50723, and 50741, to assist children's crisis care facilities certified under section 5103.13 of the Revised Code in providing temporary residential and other...

Section 5103.14 | Enforcement powers.

...The department of children and youth shall enforce sections 2151.39, 5103.15, and 5103.16 of the Revised Code.

Section 5103.15 | Agreements for temporary custody.

...ld may enter into an agreement with any public children services agency or private child placing agency, whereby the child is placed without the approval of the juvenile court in the temporary custody of the agency for a period of time of up to thirty days, except that an agreement for temporary custody can be for a period of time of up to sixty days without court approval if the agreement is executed solely for the ...

Section 5103.6017 | Suspension or revocation of residential infant care center certification.

...The director of children and youth may suspend or revoke a residential infant care center's certificate pursuant to Chapter 119. of the Revised Code if the center violates or fails to comply with any of the requirements under sections 5103.608 to 5103.6012 of the Revised Code and, as applicable, the rules adopted under section 5103.6018 of the Revised Code or division (H) of section 5103.13 of the Revised Code.

Section 5103.6018 | Residential infant care facility certification rules.

...The director of children and youth shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of residential infant care centers.

Section 5103.61 | Family preservation center definition.

...As used in sections 5103.61 to 5103.617 of the Revised Code, "family preservation center" means a certified children's crisis care facility or residential infant care center that has as its primary purpose the preservation of families.

Section 5103.611 | Family preservation center certification application.

...A person who holds an active license to operate a children's crisis care facility under section 5103.13 of the Revised Code or a residential infant care center under section 5103.602 of the Revised Code may apply to the director of children and youth to obtain a certificate as a family preservation center under this section.

Section 5103.612 | Certification of family preservation center; waiver prohibited.

...(A) The director of children and youth shall certify the person's family preservation center if the center complies with all of the requirements imposed under section 5103.614 of the Revised Code and all of the rules adopted under section 5103.617 of the Revised Code. (B) The director shall not issue a waiver to a person of compliance with any of the requirements imposed under this section or any of the rules adop...

Section 5103.614 | Family preservation center operational requirements.

...A certified family preservation center shall do the following: (A) Obtain and maintain accreditation under the commission on accreditation of rehabilitation facilities, the joint commission on accreditation of healthcare organizations, or the council on accreditation for children and family services; (B) Obtain and maintain certification by the Ohio department of mental health and addiction services; (C) Provid...

Section 5103.615 | Suspension or revocation of family preservation center certification.

...The director of children and youth may suspend or revoke a family preservation center's certificate pursuant to Chapter 119. of the Revised Code if the center violates or fails to comply with section 5103.614 of the Revised Code or any of the rules adopted under section 5103.617 of the Revised Code.

Section 5103.617 | Family preservation center certification rules.

...Not later than ninety days June 13, 2022, the director of children and youth shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of family preservation centers.

Section 5103.99 | Penalty.

...(A) Whoever violates section 5103.03 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars. (B) Whoever violates section 5103.15, 5103.16, or 5103.17 of the Revised Code shall be fined not less than five hundred nor more than one thousand dollars or imprisoned not more than six months, or both.

Section 5104.01 | Child care definitions.

... owner's behalf provider agreements for publicly funded child care. (D) "Border state child care provider" means a child care provider that is located in a state bordering Ohio and that is licensed, certified, or otherwise approved by that state to provide child care funded by the child care block grant act. (E) "Career pathways model" means an alternative pathway to meeting the requirements to be a child care ...

Section 5104.013 | Criminal records checks.

...nsed school child program that provides publicly funded child care, authorized private before and after school care program, child care center, type A family child care home, licensed type B family child care home, or child day camp; (ii) A person who would serve in any position with a licensed preschool program or licensed school child program that provides publicly funded child care, authorized private before an...

Section 5104.014 | Medical statement of immunization.

...hool-age child who is not enrolled in a public or nonpublic school but is enrolled in a child care center, type A family child care home, or licensed type B family child care home or receives child care from a certified in-home aide. (2) "In the process of being immunized" means having received at least the first dose of an immunization sequence and complying with the immunization intervals or catch-up schedule pr...

Section 5104.015 | Adoption of rules.

...eds of children receiving child care or publicly funded child care and shall include specific rules for school-age child care centers that are developed in consultation with the department of education and workforce. The rules shall include the following: (A) Submission of a site plan and descriptive plan of operation to demonstrate how the center proposes to meet the requirements of this chapter and rules adopted...

Section 5104.016 | Rules establishing minimum requirements for child care centers.

...The director of children and youth, in addition to the rules adopted under section 5104.015 of the Revised Code, shall adopt rules establishing minimum requirements for child care centers. The rules shall include the requirements set forth in sections 5104.032 to 5104.034 of the Revised Code. Except as provided in section 5104.07 of the Revised Code, the rules shall not change the square footage requirements of secti...

Section 5104.017 | Adoption of rules governing the operation of type A family child care homes.

...ine of children receiving child care or publicly funded child care in the type A home; (D) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each chil...

Section 5104.018 | Adoption of rules governing the licensure of type B family child care homes.

...are of children receiving child care or publicly funded child care in a licensed type B family child care home and shall include all of the following: (A) Requirements for the type B home to notify parents with children in the type B home that the type B home is certified as a foster home under section 5103.03 of the Revised Code; (B) Standards for ensuring that the type B home and the physical surroundings of ...

Section 5104.019 | Adoption of rules governing the certification of in-home aides.

...fety, and welfare of children receiving publicly funded child care in their own home and shall include the following: (A) Standards for ensuring that the child's home and the physical surroundings of the child's home are safe and sanitary, including physical environment, physical plant, and equipment; (B) Standards for the supervision, care, and discipline of children receiving publicly funded child care in the...

Section 5104.0110 | Rules requiring a physical examination.

...To the extent that any rules adopted for the purposes of this chapter require a health care professional to perform a physical examination, the rules shall include as a health care professional a physician assistant, a clinical nurse specialist, a certified nurse practitioner, or a certified nurse-midwife.

Section 5104.0111 | Director of job and family services; duties.

... A homes, and type B homes; (2) Give public notice of hearings regarding the proposed rules at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code; (3) At least thirty days before the effective date of a rule, provide, in either paper or electronic form, a copy of the adopted rule to each licensee; (4) Send to each county director of job and family...

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.

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...

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.

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...