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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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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...

Section 5104.04 | Investigating, inspecting, and licensing procedures established.

...(A) The department of children and youth shall establish procedures to be followed in investigating, inspecting, and licensing child care centers, type A family child care homes, and licensed type B family child care homes. (B)(1)(a) The department shall, at least once during every twelve-month period of operation of a center, type A home, or licensed type B home, inspect the center, type A home, or licensed type ...

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...

Section 5104.042 | Suspension of child care center and home licenses without hearing.

...een placed on administrative leave or released from employment; (c) Any person who resides in the type A home or licensed type B home. (3) An owner, licensee, administrator, or employee of the center, type A home, or licensed type B home, or a resident of the type A home or licensed type B home is charged by an indictment, information, or complaint with an offense relating to the abuse or neglect of a child. ...

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...

Section 5104.05 | Requirements for building, fire prevention, and food service.

...ode and with regulations adopted by the board of building standards under Chapter 3781. of the Revised Code and this division for the safety and sanitation of structures erected for this purpose. (2) The state fire marshal or the fire chief or fire prevention officer of the municipal corporation or township in which the center is located has inspected the center annually within the preceding license period and has...

Section 5104.051 | Responsibility for inspections.

...ing to the standards established by the board of building standards. Inspections in areas of the state where there is no 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 shall be made by personnel of the department of commerce. Inspections of cent...

Section 5104.052 | Fire prevention and fire safety in licensed type B family child care homes.

...The director of children and youth, in cooperation with the fire marshal pursuant to section 3737.22 of the Revised Code, shall adopt rules regarding fire prevention and fire safety in licensed type B family child care homes. In accordance with those rules, the director shall inspect each type B home that applies to be licensed that is providing or is to provide publicly funded child care.

Section 5104.053 | Inspecting unlicensed type B homes.

...dition 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 children a...

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.

...(A) The director of children and youth may prescribe additional requirements for licensing child care centers or type A family child care homes that provide publicly funded child care pursuant to this chapter and any rules adopted under it. The director shall develop standards as required by federal laws and regulations for child care programs supported by federal funds. (B)(1) The department of children and youth...

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.

...(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.

...hletic skill or sport, computers, or an educational subject; (3) Programs in which the department determines that at least one parent, custodian, or guardian of each child attending or participating in the child day camp is on the child day camp activity site and is readily accessible at all times, except that a child day camp on the premises of a parent's, custodian's, or guardian's place of employment shall be r...

Section 5104.211 | Random sampling of child day camps to determine compliance with background checks.

...is the subject of the violation or to release the person from the appointment or employment, the director shall do both of the following: (a) Impose a civil penalty in an amount that is not less than the amount previously imposed and that does not exceed twice the amount permitted by division (B)(2)(a) of this section; (b) Order the camp to initiate a criminal records check of the person who is the subject of t...

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.

...(A) Except as otherwise provided in division (C) of this section, no child care center shall permit any person to smoke in any indoor or outdoor space that is part of the center. The administrator of a child care center shall post in a conspicuous place at the main entrance of the center a notice stating that smoking is prohibited in any indoor or outdoor space that is part of the center, except under the conditio...

Section 5104.29 | Step up to quality program.

..., 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) Quality program standards for early learning and development programs; (2) Accountability measures that include tiered ratings representing eac...

Section 5104.291 | Early learning and development program ratings.

...ted by the national association for the education of young children, or its successor organization; (3) A licensed type A or type B family child care home under contract to provide head start or early head start services; (4) A licensed type A or type B family child care home accredited by the national association for the education of young children, or its successor organization. (B)(1) On a periodic basis, th...

Section 5104.30 | Administration and coordination of federal and state funding for publicly funded child care.

...igned to provide comprehensive consumer education to parents and the public; (b) Activities that increase parental choice; (c) Activities, including child care resource and referral services, designed to improve the quality, and increase the supply, of child care; (d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code. (4) The department shall ensure that the feder...