Background:

The Ohio Department of Job and Family Services (ODJFS) amended rule 5101:2-12-09 of the Ohio Administrative Code to implement requirements of the Child Care Development Block Grant Act of 2014.

The rule will be effective September 29, 2019.

5101:2-12-09 "Background check requirements for a licensed child care center" has been amended with the following changes: 

• Removed the JFS 01175 "Request for a Background Check for Child Care" throughout rule and added that a request for a background check is to be completed in the Ohio Professional Registry (OPR)
• Clarified applicants to be licensed as a child care center must also have a background check
• Added that a background check is required every five years from the date of the most recent Bureau of Criminal Investigation (BCI) records check
• Changed the order of steps in paragraph (D) for obtaining a background check
• Added new paragraph (F) regarding what happens if an individual does not complete the full background check determination process
• Clarified the question for paragraph (H) so that individuals know fingerprints are required prior to receiving the JFS 01176 "Program Notification of Background Check Review for Child Care"
• Clarified that notification of preliminary approval will be generated from the OPR
• Added that an administrator, child care staff member or employee hired on or after the effective date of this rule cannot engage in any assigned duties or be near children prior to receiving preliminary approval
• Changed "what makes an individual ineligible for employment" to "what makes an individual ineligible to own or be employed in a center"
• Clarified that the JFS 01176 shall be kept on file "if not available in the OPR"
• Added language that child care staff members with preliminary approval but without a JFS 01176 on file shall not be left alone with children and shall be supervised at all times by another child care staff member with a JFS 01176 on file or in the OPR
• Clarified language that only child care staff members with a JFS 01176 on file at the center or in the OPR can be left alone with children
• Added that the JFS 01178 "Request for Review of Background Check Decision for Child Care" shall be submitted within fourteen business days from the date on the JFS 01177 "Individual Notification of Background Check Review for Child Care"
• Clarified language regarding background check requirements if an individual becomes employed at another licensed program
• Changed to state ODJFS will "provide" the JFS 01176 instead of "send" it
• Corrected a typo changing the JFS 01177 to the JFS 01176

Appendix A was amended as follows 

• Added child care staff member to the list of people with a prohibited offense that must meet the rehabilitation standards listed

Revised forms:

• JFS 01176 “Program Notification of Background Check Review For Child Care” was revised to add a section called “New Background Checks Must be Submitted By” and the following language: “This determination was made using the current background check results on file at ODJFS which must be dated within the previous five years.  The results may not have been updated for this determination.”
• JFS 01177 “Individual Notification of Background Check Review For Child Care” was revised to add a section called “New Background Checks Must be Submitted By” and the following language: “This determination was made using the current background check results on file at ODJFS which must be dated within the previous five years.  The results may not have been updated for this determination.”

Please contact the Child Care Policy Helpdesk at 1-877-302-2347, option 4, if you have any questions.