reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.61 | Family Preservation Center Definition.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
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.
Last updated March 21, 2022 at 4:43 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.611 | Family Preservation Center Certification Application.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
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 job and family services to obtain a certificate as a family preservation center under this section.
Last updated September 29, 2023 at 12:07 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.612 | Certification of Family Preservation Center; Waiver Prohibited.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
(A) The director of job and family services 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 adopted under section 5103.617 of the Revised Code.
Last updated September 29, 2023 at 12:08 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.614 | Family Preservation Center Operational Requirements.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
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) Provide family preservation programs informed by evidence-based or promising practices, including all of the following:
(1) Family case management;
(2) Service referral and linkage;
(3) Parent education;
(4) Trauma screening and healing-centered interventions.
Last updated March 21, 2022 at 4:45 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.615 | Suspension or Revocation of Family Preservation Center Certification.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
The director of job and family services 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.
Last updated September 29, 2023 at 12:10 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.617 | Family Preservation Center Certification Rules.

Effective:
June 13, 2022
Latest Legislation:
House Bill 265 - 134th General Assembly
Not later than ninety days after the effective date of this section, the director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code for the certification of family preservation centers.
Last updated September 29, 2023 at 12:12 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5103 | Placement of Children › Section 5103.99 | Penalty.

Effective:
March 14, 2003
Latest Legislation:
House Bill 424 - 124th General Assembly
(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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.014 | Medical Statement of Immunization.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in this section:
(1) "Child" includes both of the following:
(a) An infant, toddler, or preschool age child;
(b) A school-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 prescribed by the director of health.
(B) Except as provided in division (C) of this section, not later than thirty days after enrollment in a child care center, type A family child care home, or licensed type B family child care home and every thirteen months thereafter while enrolled in the center or home and not later than thirty days after beginning to receive child care from a certified in-home aide and every thirteen months thereafter while continuing to receive child care from the aide, each child's caretaker parent shall provide to the center, home, or in-home aide a medical statement, as described in division (D) of this section, indicating that the child has been immunized against or is in the process of being immunized against all of the following diseases:
(1) Chicken pox;
(2) Diphtheria;
(3) Haemophilus influenzae type b;
(4) Hepatitis A;
(5) Hepatitis B;
(6) Influenza;
(7) Measles;
(8) Mumps;
(9) Pertussis;
(10) Pneumococcal disease;
(11) Poliomyelitis;
(12) Rotavirus;
(13) Rubella;
(14) Tetanus.
(C)(1) A child is not required to be immunized against a disease specified in division (B) of this section if any of the following is the case:
(a) Immunization against the disease is medically contraindicated for the child;
(b) The child's parent or guardian has declined to have the child immunized against the disease for reasons of conscience, including religious convictions;
(c) Immunization against the disease is not medically appropriate for the child's age.
(2) In the case of influenza, a child is not required to be immunized against the disease if the seasonal vaccine is not available.
(D)(1) The medical statement shall include all of the following information:
(a) The dates that a child received immunizations against each of the diseases specified in division (B) of this section;
(b) Whether a child is subject to any of the exceptions specified in division (C) of this section.
(2) The medical statement shall include a component where a parent or guardian may indicate that the parent or guardian has declined to have the child immunized.
Last updated August 23, 2023 at 9:15 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.016 | Rules Establishing Minimum Requirements for Child Day-Care Centers.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of job and family services, 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 section 5104.032 of the Revised Code or the maximum number of children per care staff member and maximum group size requirements of section 5104.033 of the Revised Code. However, the rules shall provide procedures for determining compliance with those requirements.
Last updated August 23, 2023 at 12:20 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.019 | Adoption of Rules Governing the Certification of In-Home Aides.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification of in-home aides. The rules shall provide for safeguarding the health, safety, 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 their own home;
(C) 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 child shall be permissible;
(D) Health care, first aid, and emergency procedures, procedures for the care of sick children, procedures for discipline and supervision of children, nutritional standards, and procedures for screening children and in-home aides, including any necessary physical examinations and immunizations;
(E) Methods of encouraging parental participation and ensuring that the rights of children, parents, and in-home aides are protected and the responsibilities of parents and in-home aides are met;
(F) Standards for the safe transport of children when under the care of in-home aides;
(G) Procedures for issuing, renewing, denying, refusing to renew, or revoking certificates;
(H) Procedures for inspection of homes of children receiving publicly funded child care in their own homes;
(I) Procedures for record keeping and evaluation;
(J) Procedures for receiving, recording, and responding to complaints;
(K) Qualifications and training requirements for in-home aides;
(L) Standards providing for the needs of children who have disabilities or who receive treatment for health conditions while the child is receiving publicly funded child care in the child's own home;
(M) Any other procedures and standards necessary to carry out the provisions of this chapter regarding certification of in-home aides.
Last updated September 29, 2023 at 12:05 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.0110 | Rules Requiring a Physical Examination.

Effective:
January 1, 2014
Latest Legislation:
Senate Bill 316 - 129th General Assembly
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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.0111 | Director of Job and Family Services; Duties.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of job and family services shall do all of the following:
(1) Provide or make available in either paper or electronic form to each licensee notice of proposed rules governing the licensure of child care centers, type 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 services a notice of proposed rules governing the certification of in-home aides that includes an internet web site address where the proposed rules can be viewed;
(5) Provide to each county director of job and family services an electronic copy of each adopted rule at least forty-five days prior to the rule's effective date;
(6) Review all rules adopted pursuant to this chapter at least once every seven years.
(B) The county director of job and family services shall provide or make available in either paper or electronic form to each in-home aide copies of proposed rules and shall give public notice of hearings regarding the rules to each in-home aide at least thirty days prior to the date of the public hearing, in accordance with section 119.03 of the Revised Code. At least thirty days before the effective date of a rule, the county director of job and family services shall provide, in either paper or electronic form, copies of the adopted rule to each in-home aide.
(C) Additional copies of proposed and adopted rules shall be made available by the director of job and family services to the public on request at no charge.
(D) The director of job and family services may adopt rules in accordance with Chapter 119. of the Revised Code for imposing sanctions on persons and entities that are licensed or certified under this chapter. Sanctions may be imposed only for an action or omission that constitutes a serious risk noncompliance. The sanctions imposed shall be based on the scope and severity of the violations.
The director shall make a dispute resolution process available for the implementation of sanctions. The process may include an opportunity for appeal pursuant to Chapter 119. of the Revised Code.
(E) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code that establish standards for the training of individuals who inspect or investigate type B family child care homes pursuant to section 5104.03 of the Revised Code. The department shall provide training in accordance with those standards for individuals in the categories described in this division.
Last updated August 28, 2023 at 1:02 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.0112 | Regulation of Instruction in Religious or Moral Doctrines, Beliefs, or Values Prohibited.

Effective:
January 1, 2014
Latest Legislation:
Senate Bill 316 - 129th General Assembly
Notwithstanding any provision of the Revised Code, the director of job and family services 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.
Last updated August 16, 2023 at 1:43 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.021 | Exemption of Youth Development Programs.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of job and family services 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.
Last updated August 28, 2023 at 2:10 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.022 | Licensing of Foster Homes as Family Day Care Homes.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
In no case shall the director of job and family services 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 Revised Code.
Last updated August 28, 2023 at 2:13 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.033 | Staff to Child Ratios.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 provided in division (B) of this section, the maximum number of children per child care staff member and maximum group size, by age category of children, are as follows:
Age Category of Children
Maximum Number of Children Per child care Staff Member
Maximum Group Size
(a) Infants:
(i) Less than twelve months old
5:1, or 12:2 if two child care staff members are in the room
12
(ii) At least twelve months old, but less than eighteen months old
6:1
12
(b) Toddlers:
(i) At least eighteen months old, but less than thirty months old
7:1
14
(ii) At least thirty months old, but less than three years old
8:1
16
(c) Preschool-age children:
(i) Three years old
12:1
24
(ii) Four years old and five years old who are not school children
14:1
28
(d) School-age children
(i) A child who is enrolled in or is eligible to be enrolled in a grade of kindergarten or above, but is less than eleven years old
18:1
36
(ii) Eleven through fourteen years old
20:1
40
(2) Except as otherwise provided in division (B) of this section, the maximum number of children per child care staff member and maximum group size requirements of the younger age group shall apply when age groups are combined.
(B)(1) When age groups are combined, the maximum number of children per child care staff member shall be determined by the age of the youngest child in the group, except that when no more than one child thirty months of age or older receives services in a group in which all the other children are in the next older age group, the maximum number of children per child care staff member and maximum group size requirements of the older age group established under division (A) of this section shall apply.
(2) The maximum number of toddlers or preschool-age children per child care staff member in a room where children are napping shall be twice the maximum number of children per child-care staff member established under division (A) of this section if all the following criteria are met:
(a) At least one child care staff member is present in the room.
(b) Sufficient child care staff members are on the child care center premises to meet the maximum number of children per child care staff member requirements established under division (A) of this section.
(c) Naptime preparations are complete and all napping children are resting or sleeping on cots.
(d) The maximum number established under division (B)(2) of this section is in effect for no more than two hours during a twenty-four-hour day.
Last updated August 28, 2023 at 2:35 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.034 | Trained Staff Required on Premises.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 prevention training which is approved by the department of job and family services.
Last updated August 28, 2023 at 2:39 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.038 | Enrollment, Health, and Attendance Records.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 upon request for the purpose of administering and enforcing this chapter and rules adopted pursuant to this chapter. Neither the center nor the licensee, administrator, or employees of the center shall be civilly or criminally liable in damages or otherwise for records disclosed to the director by the administrator pursuant to this division. It shall be a defense to any civil or criminal charge based upon records disclosed by the administrator to the director that the records were disclosed pursuant to this division.
Last updated August 28, 2023 at 2:46 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.039 | Access to Centers for Parents or Guardians.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 of a child enrolled in a child care center who is not the child's residential parent shall be permitted unlimited access to the center during its hours of operation for those purposes under the same terms and conditions under which the residential parent of that child is permitted access to the center for those purposes. However, the access of the parent who is not the residential parent is subject to any agreement between the parents and, to the extent described in division (B) of this section, is subject to any terms and conditions limiting the right of access of the parent who is not the residential parent, as described in division (I) of section 3109.051 of the Revised Code, that are contained in a parenting time order or decree issued under that section, section 3109.12 of the Revised Code, or any other provision of the Revised Code.
(B) If a parent who is the residential parent of a child has presented the administrator or the administrator's designee with a copy of a parenting time order that limits the terms and conditions under which the parent who is not the residential parent is to have access to the center, as described in division (I) of section 3109.051 of the Revised Code, the parent who is not the residential parent shall be provided access to the center only to the extent authorized in the order. If the residential parent has presented such an order, the parent who is not the residential parent shall be permitted access to the center only in accordance with the most recent order that has been presented to the administrator or the administrator's designee by the residential parent or the parent who is not the residential parent.
(C) Upon entering the premises pursuant to division (A) or (B) of this section, the parent who is the residential parent and legal custodian, the parent who is not the residential parent, or the custodian or guardian shall notify the administrator or the administrator's designee of the parent's, custodian's, or guardian's presence.
Last updated August 28, 2023 at 2:48 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.041 | Type a and B Family Day-Care Home Requirements.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 insurance procured shall cover any cause for which the type A or type B family child care home would be liable, in the amount of at least one hundred thousand dollars per occurrence and three hundred thousand dollars in the aggregate.
(2) A written statement signed by the parent, guardian, 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 located, the liability insurance, if any, of the owner of the real property may not provide for coverage of any liability arising out of, or in connection with, the operation of the family child care home.
(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 located and the family child care home procures liability insurance described in division (A)(1) of this section, that licensee shall name the owner of the real property as an additional insured party on the liability insurance policy if all of the following apply:
(1) The owner of the real property requests the licensee or provider, in writing, to add the owner of the real property to the liability insurance policy as an additional insured party.
(2) The addition of the owner of the real property does not result in cancellation or nonrenewal of the insurance policy procured by the type A or type B family child care home.
(3) The owner of the real property pays any additional premium assessed for coverage of the owner of the real property.
(C) Proof of insurance or written statement required under division (A) of this section shall be maintained at the type A or type B family child care home and made available for review during inspection or investigation as required under this chapter.
(D) The director of job and family services shall adopt rules for the enforcement of this section.
Last updated August 28, 2023 at 3:48 PM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.043 | Determination of Serious Risk of Noncompliance; Notice.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) If the department of job and family services 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 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 department's determination, the licensee shall notify caretaker parents not later than five business days after the department has completed its review.
(2) The notice shall include a statement informing each caretaker parent of the web site maintained by the department and the location of further information regarding the determination.
(3) The licensee may provide written or electronic notice to caretaker parents.
(4) The licensee shall provide a copy of the notice to the department.
(C) The director of job and family services shall adopt rules to enforce this section.
(D) The requirements of this section do not apply if the department suspends the license of a child care center, type A family child care home, or licensed type B family child care home pursuant to section 5104.042 of the Revised Code.
Last updated August 31, 2023 at 9:39 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.052 | Fire Prevention and Fire Safety in Licensed Type B Family Day-Care Homes.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The director of job and family services, 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.
Last updated August 31, 2023 at 9:50 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.053 | Inspecting Unlicensed Type B Homes.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 job and family services shall request an inspection of the type B home by the fire marshal, who shall inspect the type B home pursuant to section 3737.22 of the Revised Code to determine that it is in compliance with rules established pursuant to section 5104.052 of the Revised Code for licensed type B homes.
Last updated August 31, 2023 at 9:54 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.054 | Zoning for Type B Family Day-Care Home.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any type B family child care home, whether licensed or not licensed by the director of job and family services, 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 special exception certification for any such type B family child care home.
Last updated August 31, 2023 at 9:57 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.06 | Providing Consultation and Technical Assistance.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The director of job and family services 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 information regarding child abuse identification and reporting of child abuse.
(B) The director of job and family services shall provide consultation and technical assistance to county departments of job and family services to assist the departments with the implementation of certification of in-home aides.
Last updated August 31, 2023 at 10:00 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.081 | Management of Day-Care Functions.

Effective:
May 18, 2005
Latest Legislation:
House Bill 11 - 125th General Assembly
The department of job and family services 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.
Last updated September 6, 2023 at 11:09 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.09 | Discrimination Prohibited.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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.
Last updated August 31, 2023 at 10:12 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.10 | Whistleblower Protection.

Effective:
July 1, 2000
Latest Legislation:
House Bill 471 - 123rd General Assembly
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 job and family services or other agency responsible for enforcing Chapter 5104. of the Revised Code regarding a violation of this chapter or the rules adopted pursuant to Chapter 5104. of the Revised Code;
(B) Instituting or causing to be instituted any proceeding against the employer under section 5104.04 of the Revised Code;
(C) Acting as a witness in any proceeding under section 5104.04 of the Revised Code;
(D) Refusing to perform work that constitutes a violation of Chapter 5104., or the rules adopted pursuant to Chapter 5104. of the Revised Code.
Last updated September 6, 2023 at 11:11 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.13 | Publishing State Statutes and Rules Governing Certification of Type B Family Day-Care Homes.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The department of job and family services 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.
Last updated August 31, 2023 at 10:15 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.14 | Readability of Materials.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
All materials that are supplied by the department of job and family services 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 readability expert to verify its compliance with this section.
Last updated August 31, 2023 at 10:18 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.22 | Enabling Approved Child Day Camp to Receive Public Moneys.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) The director of job and family services, no later than September 1, 1993, and 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 job and family services may charge a reasonable fee to inspect a child day camp to determine whether that child day camp meets the standards set forth in this section or in the rules adopted under this section. The department shall approve any child day camp that meets both of the following:
(1) The department inspects the camp and determines that it meets the standards established in rules adopted under this section;
(2) The camp is accredited by the American camp association or a nationally recognized organization that accredits child day camps by using standards that the department has determined are substantially similar and comparable to those of the American camp association. The department shall approve a child day camp for a period of one year and shall inspect an approved child day camp on an annual basis.
(B) An approved child day camp shall comply with this section and section 5104.21 of the Revised Code and the rules adopted pursuant to those sections. If an approved child day camp is not in substantial compliance with those sections or rules at any time, the department shall terminate the child day camp's approval until the child day camp complies with those sections and rules or for a period of two years, whichever period is longer.
Last updated September 6, 2023 at 11:17 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.25 | Prohibiting Smoking.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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 conditions described in division (C) of this section.
(B) Except as otherwise provided in division (C) of this section, no type A family child care home or licensed type B family child care home shall permit any person to smoke in any indoor or outdoor space that is part of the home during the hours the home is in operation. Smoking may be permitted during hours other than the hours of operation if the administrator of the home has provided to a parent, custodian, or guardian of each child receiving child care at the home notice that smoking occurs or may occur at the home when it is not in operation.
The administrator of a type A family child care home or a licensed type B family child care home shall post in a conspicuous place at the main entrance of the home a notice specifying the hours the home is in operation and stating that smoking is prohibited during those hours in any indoor or outdoor space that is part of the home, except under the conditions described in division (C) of this section.
(C) A child care center, type A family child care home, or licensed type B family child care home may allow persons to smoke at the center or home during its hours of operation if those persons cannot be seen smoking by the children being cared for and if they smoke in either of the following:
(1) An indoor area that is separately ventilated from the rest of the center or home;
(2) An outdoor area that is so far removed from the children being cared for that they cannot inhale any smoke.
(D) The director of job and family services, 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 if repeated violations of division (A) or (B) of this section have occurred there.
Last updated August 31, 2023 at 10:22 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.301 | Parent Cooperative Child Day-Care Centers and Parent Cooperative Type a Family Day-Care Homes.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
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 cooperative type A family child care home;
(B) Provision of technical assistance in organizing a parent cooperative child care center or parent cooperative type A family child care home;
(C) Assistance in the developing, conducting, and disseminating training for parents interested in organizing a parent cooperative child care center or parent cooperative type A family child care home.
A county department that implements a program under this section shall receive from funds available under the child care block grant act a five thousand dollar incentive payment for each parent cooperative child care center or parent cooperative type A family child care home organized pursuant to this section.
Parents of children enrolled in a parent cooperative child care center or parent cooperative type A family child care home pursuant to this section shall be required to work in the center or home a minimum of four hours per week.
The director of job and family services shall adopt rules governing the establishment and operation of programs under this section.
Last updated August 31, 2023 at 10:36 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.31 | Eligible Providers of Services for Publicly Funded Child Day-Care.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Publicly funded child care may be provided only by the following:
(1) Any of the following licensed by the department of job and family services 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 type A family child care home;
(c) A licensed type B family child care home.
(2) An in-home aide who has been certified by the county department of job and family services pursuant to section 5104.12 of the Revised Code;
(3) A child day camp approved pursuant to section 5104.22 of the Revised Code;
(4) A licensed preschool program;
(5) A licensed school child program;
(6) A border state child care provider, except that a border state child care provider may provide publicly funded child care only to an individual who resides in an Ohio county that borders the state in which the provider is located.
(B) Publicly funded child care may be provided in a child's own home only by an in-home aide.
(C)(1) Except as provided in division (C)(2) of this section, a licensed child care program may provide publicly funded child care only if the program is rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code.
(2) A licensed child care program that is any of the following may provide publicly funded child care without being rated through the step up to quality program:
(a) A program that operates only during the summer and for not more than fifteen consecutive weeks;
(b) A program that operates only during school breaks;
(c) A program that operates only on weekday evenings, weekends, or both;
(d) A program that holds a provisional license issued under section 5104.03 of the Revised Code;
(e) A program that had its step up to quality program rating removed by the department of job and family services within the previous twelve months;
(f) A program that is the subject of a revocation action initiated by the department, but the license has not yet been revoked;
(g) A program that provides publicly funded child care to less than twenty-five per cent of the program's license capacity;
(h) A program that is a type A family child care home or licensed type B family child care home.
Last updated August 31, 2023 at 10:42 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.33 | Forms for Eligibility Determinations for Publicly Funded Child Day-Care.

Effective:
May 18, 2005
Latest Legislation:
House Bill 11 - 125th General Assembly
(A) The department of job and family services 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 accessible to the public as possible. These policies shall include making the application forms available at appropriate locations selected by the county department and making arrangements that enable applicants to complete the application process at times outside their normal working hours, and at locations, convenient for them. The arrangements may include stationing certain of their employees at various sites in the county for the purpose of assisting applicants in completing the application process and of making eligibility determinations at those locations. The arrangements may also include providing training and technical assistance to appropriate entities that qualify them to provide assistance in completing the application process and, to the extent permitted by federal law, to make eligibility determinations.
Each county department of job and family services shall submit to the department of job and family services for approval its plan for ensuring that the application process is as accessible to the public as possible and complies with this division. The county department shall make any changes to its plan that the department determines are necessary for compliance with this division and with any state standards adopted for the administration of this division.
Last updated September 28, 2023 at 10:13 AM
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.341 | Validity of Determination of Eligibility.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(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.
2023 Ohio Revised Code › Title 51 | Public Welfare › Chapter 5104 | Child Day-Care › Section 5104.35 | County Department of Job and Family Services - Powers and Duties.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(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) Recruit individuals and groups interested in certification as in-home aides or in developing and operating suitable licensed child care centers, type A family child care homes, or licensed type B family child care homes, especially in areas with high concentrations of recipients of public assistance, and for that purpose provide consultation to interested individuals and groups on request;
(3) Inform clients of the availability of child care services.
(B) A county department of job and family services may, to the extent permitted by federal law, use public child care funds to extend the hours of operation of the county department to accommodate the needs of working caretaker parents and enable those parents to apply for publicly funded child care.
Last updated August 17, 2023 at 1:26 PM