Ohio Revised Code Search
| Section |
|---|
|
Section 5104.12 | Certification of in-home aides to provide publicly funded child care.
...(A)(1) A county director of job and family services may certify in-home aides to provide publicly funded child care pursuant to this chapter and any rules adopted under it. Any in-home aide who receives a certificate pursuant to this section to provide publicly funded child care is an independent contractor and is not an employee of the county department of job and family services that issues the certificate. (2) ... |
|
Section 5104.13 | Publishing state statutes and rules governing certification of type B family child care homes.
...The department of children and youth shall prepare a guide describing the state statutes and rules governing the licensure of type B family child care homes. The department may publish the guide electronically or otherwise and shall do so in a manner 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... |
|
Section 5104.21 | Child day camp registration.
...hone number of the county department of health and the public children services agency of the county in which the child day camp is located; (2) That the child day camp administrator or the administrator's representative agrees to permit a public children services agency or the county department of health to review or inspect the child day camp if a complaint is made to that department or any other state departmen... |
|
Section 5104.211 | Random sampling of child day camps to determine compliance with background checks.
...(A) The director of children and youth may periodically conduct a random sampling of child day camps to determine compliance with section 5104.013 of the Revised Code. (B)(1) No child day camp shall fail to comply with section 5104.013 of the Revised Code in regards to a person it appoints or employs. (2) If the director determines that a camp has violated division (B)(1) of this section, the director shall do ... |
|
Section 5104.22 | Enabling approved child day camp to receive public moneys.
...(A) The director of children and youth, pursuant to Chapter 119. of the Revised Code, shall adopt rules establishing a procedure and standards for the approval of child day camps that will enable an approved child day camp to receive public moneys pursuant to sections 5104.30 to 5104.39 of the Revised Code. The department of children and youth may charge a reasonable fee to inspect a child day camp to determine wheth... |
|
Section 5104.25 | Prohibiting smoking.
...h, in consultation with the director of health, shall adopt rules in accordance with Chapter 119. of the Revised Code to implement the requirements of this section. These rules may prohibit smoking in a child care center, type A family child care home, or licensed type B family child care home if its design and structure do not allow persons to smoke under the conditions described in division (C) of this section or i... |
|
Section 5104.29 | Step up to quality program.
...(A) There is hereby created in the department of children and youth the step up to quality program, under which the department of children and youth, in cooperation with the department of education and workforce, shall develop a tiered quality rating and improvement system for all early learning and development programs in this state. The step up to quality program shall include all of the following components: (1... |
|
Section 5104.291 | Early learning and development program ratings.
...(A) This section establishes standards and conditions for rating the following early learning and development programs in the step up to quality program: (1) A licensed child care center operating a head start or early head start program; (2) A licensed child care center accredited by the national association for the education of young children, or its successor organization; (3) A licensed type A or type B fam... |
|
Section 5104.30 | Administration and coordination of federal and state funding for publicly funded child care.
...pply to the United States department of health and human services for authority to operate a coordinated program for publicly funded child care, if the director of children and youth determines that the application is necessary. For purposes of this section, the department of children and youth may enter into agreements with other state agencies that are involved in regulation or funding of child care. The department... |
|
Section 5104.301 | Parent cooperative child care centers and parent cooperative type A family child care homes.
...A county department of job and family services may establish a program to encourage the organization of parent cooperative child care centers and parent cooperative type A family child care homes for recipients of publicly funded child care. A program established under this section may include any of the following: (A) Recruitment of parents interested in organizing a parent cooperative child care center or parent... |
|
Section 5104.302 | Analysis of child care price information.
...In addition to establishing payment rates for publicly funded child care providers in each odd-numbered year, as required by section 5104.30 of the Revised Code, the director of children and youth may contract with a third-party entity to analyze information regarding the prices charged for child care for the subsequent even-numbered year. |
|
Section 5104.31 | Eligible providers of services for publicly funded child care.
...(A) Publicly funded child care may be provided only by the following: (1) Any of the following licensed by the department of children and youth pursuant to section 5104.03 of the Revised Code or pursuant to rules adopted under section 5104.018 of the Revised Code: (a) A child care center, including a parent cooperative child care center; (b) A type A family child care home, including a parent cooperative typ... |
|
Section 5104.32 | Provider contracts.
...(A) All purchases of publicly funded child care shall be made under a contract entered into by a licensed child care center, licensed type A family child care home, licensed type B family child care home, certified in-home aide, approved child day camp, licensed preschool program, licensed school child program, or border state child care provider and the department of children and youth. All contracts for publicly fu... |
|
Section 5104.33 | Forms for eligibility determinations for publicly funded child care.
...(A) The department of children and youth shall prescribe an application form for use in making eligibility determinations for publicly funded child care. The form shall be as brief and simple as practicable. (B) In administering the process of applying for publicly funded child care, the county department of job and family services shall implement policies designed to ensure that the application process is as acce... |
|
Section 5104.34 | Determination of eligibility.
...(A)(1) Each county department of job and family services shall implement procedures for making determinations of eligibility for publicly funded child care. Under those procedures, the eligibility determination for each applicant shall be made no later than thirty calendar days from the date the county department receives a completed application for publicly funded child care. Each applicant shall be notified promptl... |
|
Section 5104.341 | Validity of determination of eligibility.
...(A) An eligibility determination made under section 5104.34 of the Revised Code for publicly funded child care is valid for one year. (B) The county department of job and family services shall adjust the appropriate level of a fee charged under division (B) of section 5104.34 of the Revised Code if a caretaker parent reports changes in income, family size, or both. |
|
Section 5104.35 | County department of job and family services - powers and duties.
...(A) Each county department of job and family services shall do all of the following: (1) Accept any gift, grant, or other funds from either public or private sources offered unconditionally or under conditions which are, in the judgment of the department, proper and consistent with this chapter and deposit the funds in the county public assistance fund established by section 5101.161 of the Revised Code; (2) Re... |
|
Section 5104.36 | Record for each eligible child.
...The licensee or administrator of a child care center, type A family child care home, or licensed type B family child care home, an in-home aide providing child care services, the director or administrator of an approved child day camp, and a border state child care provider shall keep a record for each eligible child enrolled with the center, home, in-home aide, camp, or provider, to be made available to the county d... |
|
Section 5104.37 | Activities to assist families and family child care homes; reports.
...(A) In addition to the duties described in division (D) of section 5104.30 of the Revised Code, the director of children and youth shall engage in activities to do the following: (1) Encourage the establishment and licensure of family child care homes in this state, especially in areas with the greatest need for child care; (2) Connect families and caretaker parents in need of child care with family child care ho... |
|
Section 5104.38 | Rules governing financial and administrative requirements for publicly funded child day-care.
...In addition to any other rules adopted under this chapter, the director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code governing financial and administrative requirements for publicly funded child care and establishing all of the following: (A) Procedures and criteria to be used in making determinations of eligibility for publicly funded child care that give priority to... |
|
Section 5104.382 | No contracts to person against whom finding for recovery has been issued.
...In adopting rules under division (A) of section 5104.38 of the Revised Code establishing criteria for eligibility for publicly funded child care, the director of children and youth may prescribe the amount, duration, and scope of benefits available as publicly funded child care. |
|
Section 5104.39 | Monitoring present and anticipated future expenditures for publicly funded child day-care.
...(A) The director of children and youth shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a procedure for monitoring the expenditures for publicly funded child care to ensure that expenditures do not exceed the available federal and state funds for publicly funded child care. The department of children and youth, with the assistance of the office of budget and management, shall monitor... |
|
Section 5104.40 | Implementation of rules.
...A county department of job and family services shall not be held responsible for implementing any rule adopted under this chapter regarding publicly funded child care until the later of thirty days after the effective date of the rule or thirty days after the county department receives notice of the rule if such notification is required under this chapter. |
|
Section 5104.41 | Homeless child care.
...A child and the child's caretaker who are otherwise ineligible for publicly funded child care are eligible for homeless child care for twelve months. |
|
Section 1302.54 | Effect of breach on risk of loss - UCC 2-510.
...(A) Where a tender or delivery of goods so fails to conform to the contract as to give a right of rejection the risk of their loss remains on the seller until cure or acceptance. (B) Where the buyer rightfully revokes acceptance he may to the extent of any deficiency in his effective insurance coverage treat the risk of loss as having rested on the seller from the beginning. (C) Where the buyer as to conforming go... |
|
Section 1302.55 | Tender of payment by buyer - payment by check - UCC 2-511.
...(A) Unless otherwise agreed, tender of payment is a condition to the seller's duty to tender and complete any delivery. (B) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it. (C) Subject to section 1303.61 of the Revised Code, payment b... |
|
Section 1302.56 | Payment by buyer before inspection - UCC 2-512.
...(A) Where the contract requires payment before inspection, nonconformity of the goods does not excuse the buyer from so making payment unless: (1) The nonconformity appears without inspection; or (2) Despite tender of the required documents the circumstances would justify injunction against honor under division (B) of section 1305.08 of the Revised Code. (B) Payment pursuant to division (A) of this section does no... |
|
Section 1302.57 | Buyer's right to inspection of goods - UCC 2-513.
...(A) Unless otherwise agreed and subject to division (C) of this section, where goods are tendered or delivered or identified to the contract for sale, the buyer has a right before payment or acceptance to inspect them at any reasonable place and time and in any reasonable manner. When the seller is required or authorized to send the goods to the buyer, the inspection may be after their arrival. (B) Expenses of insp... |
|
Section 1302.58 | When documents deliverable on acceptance - when on payment - UCC 2-514.
...Unless otherwise agreed documents against which a draft is drawn are to be delivered to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment. |
|
Section 1302.59 | Preserving evidence of goods in dispute - UCC 2-515.
...In furtherance of the adjustment of any claim or dispute: (A) either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test, and sample the goods including such of them as may be in the possession or control of the other; and (B) the parties may agree to a third party inspection or survey to determine the conformity or condi... |
|
Section 1302.60 | Buyer's rights on improper delivery - UCC 2-601.
...Subject to the provisions of section 1302.70 of the Revised Code, and unless otherwise agreed under sections 1302.92 and 1302.93 of the Revised Code, if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may: (A) reject the whole; or (B) accept the whole; or (C) accept any commercial unit or units and reject the rest. |
|
Section 1302.61 | Manner and effect of rightful rejection - UCC 2-602.
...(A) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller. (B) Subject to the provisions of section 1302.62 of the Revised Code: (1) after rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and (2) if the buyer has before rejection taken physical posse... |
|
Section 1302.62 | Merchant buyer's duties as to rightfully rejected goods - salvage - UCC 2-603, 2-604.
...(A) Subject to any security interest in the buyer as provided in division (C) of section 1302.85 of the Revised Code, when the seller has no agent or place of business at the market of rejection, a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make ... |
|
Section 1302.63 | Waiver of buyer's objections by failure to particularize - UCC 2-605.
...(A) The buyer's failure to state in connection with rejection a particular defect which is ascertainable by reasonable inspection precludes the buyer from relying on the unstated defect to justify rejection or to establish breach: (1) where the seller could have cured it if stated seasonably; or (2) between merchants when the seller has after rejection made a request in writing for a full and final written st... |
|
Section 1302.64 | What constitutes acceptance of goods - UCC 2-606.
...(A) Acceptance of goods occurs when the buyer: (1) after a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their non-conformity; or (2) fails to make an effective rejection as provided in division (A) of section 1302.61 of the Revised Code, but such acceptance does not occur until the buyer has had a reasonable opportu... |
|
Section 1302.65 | Effect of acceptance - notice of breach - burden of establishing breach after acceptance - notice of claim or litigation to person answerable over - UCC 2-607.
...(A) The buyer must pay at the contract rate for any goods accepted. (B) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by sections 1302.01 t... |
|
Section 1302.66 | Revocation of acceptance in whole or in part - UCC 2-608.
...(A) The buyer may revoke his acceptance of a lot or commercial unit whose non-conformity substantially impairs its value to him if he has accepted it: (1) on the reasonable assumption that its non-conformity would be cured and it has not been seasonably cured; or (2) without discovery of such non-conformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the s... |
|
Section 1302.67 | Right to adequate assurance of performance - UCC 2-609.
...(A) A contract for sale imposes an obligation on each party that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not al... |
|
Section 1302.68 | Anticipatory repudiation - UCC 2-610.
...When either party repudiates the contract with respect to a performance not yet due the loss of which will substantially impair the value of the contract to the other, the aggrieved party may: (A) for a commercially reasonable time await performance by the repudiating party; or (B) resort to any remedy for breach as provided in sections 1302.77 and 1302.85 of the Revised Code even though he has notified the repudia... |
|
Section 1302.69 | Retraction of anticipatory repudiation - UCC 2-611.
...(A) Until the repudiating party's next performance is due he can retract his repudiation unless the aggrieved party has since the repudiation cancelled or materially changed his position or otherwise indicated that he considers the repudiation final. (B) Retraction may be by any method which clearly indicates to the aggrieved party that the repudiating party intends to perform, but must include any assurance justif... |
|
Section 1302.70 | Installment contract defined - breach - UCC 2-612.
...(A) An "installment contract" is one which requires or authorizes the delivery of goods in separate lots to be separately accepted, even though the contract contains a clause "each delivery is a separate contract" or its equivalent. (B) The buyer may reject any installment which is non-conforming if the non-conformity substantially impairs the value of that installment and cannot be cured or if the non-conformity is... |
|
Section 1302.71 | Casualty to identified goods - UCC 2-613.
...Where the contract requires for its performance goods identified when the contract is made, and the goods suffer casualty without fault of either party before the risk of loss passes to the buyer, or in a proper case under a "no arrival, no sale" term pursuant to section 1302.37 of the Revised Code, then: (A) if the loss is total the contract is avoided; and (B) if the loss is partial or the goods have so deteriora... |
|
Section 1302.72 | Substituted performance - UCC 2-614.
...ls because of domestic or foreign governmental regulation, the seller may withhold or stop delivery unless the buyer provides a means or manner of payment which is commercially a substantial equivalent. If delivery has already been taken, payment by the means or in the manner provided by the regulation discharges the buyer's obligation unless the regulation is discriminatory, oppressive, or predatory. |
|
Section 1302.73 | Excuse by failure of presupposed conditions - UCC 2-615.
...ny applicable foreign or domestic governmental regulation or order whether or not it later proves to be invalid. (B) Where the causes mentioned in division (A) of this section affect only a part of the seller's capacity to perform, he must allocate production and deliveries among his customers but may at his option include regular customers not then under contract as well as his own requirements for further manufac... |
|
Section 1302.74 | Procedure on notice claiming excuse - UCC 2-616.
...(A) Where the buyer receives notification of a material or indefinite delay or an allocation justified under section 1302.73 of the Revised Code, he may by written notification to the seller as to any delivery concerned, and where the prospective deficiency substantially impairs the value of the whole contract under section 1302.70 of the Revised Code relating to breach of installment contracts, then also as to the w... |
|
Section 1302.75 | Remedies for breach of collateral contracts not impaired - UCC 2-701.
...Remedies for breach of any obligation or promise collateral or ancillary to a contract for sale are not impaired by the provisions of sections 1302.01 to 1302.98, inclusive, of the Revised Code. |
|
Section 1302.76 | Seller's remedies on discovery of buyer's insolvency - UCC 2-702.
...(A) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under section 1302.79 of the Revised Code. (B) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresenta... |
|
Section 1302.77 | Seller's remedies in general - UCC 2-703.
...Where the buyer wrongfully rejects or revokes acceptance of goods or fails to make a payment due on or before delivery or repudiates with respect to a part or the whole, then with respect to any goods directly affected and, if the breach is of the whole contract under section 1302.70 of the Revised Code, then also with respect to the whole undelivered balance, the aggrieved seller may: (A) withhold delivery of such ... |
|
Section 1302.78 | Seller's right to identify goods to the contract notwithstanding breach or to salvage unfinished goods - UCC 2-704.
...(A) An aggrieved seller under section 1302.77 of the Revised Code may: (1) identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control; (2) treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished. (B) Where the goods are unfinished an aggrieved ... |