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CCMPL 13 (ORC changes)
Child Care Manual Procedure Letter No. 13
August 16, 2005
TO: All Child Care Manual Users
FROM: Barbara E. Riley, Director
SUBJECT: CHANGES IN THE OHIO REVISED CODE GOVERNING PUBLICLY FUNDED CHILD CARE

As a result of the passage of Amended Substitute HB 11 of the 125th General Assembly, changes have been made to the Ohio Revised Code (ORC) that affect the publicly funded child care program. A copy of the Act and an analysis of the new legislation is available at: http://www.legislature.state.oh.us/bills.cfm?ID=125_HB_11.

H.B. 11 became effective May 18, 2005. The department will be revising Ohio Administrative Code (OAC) rules in order to comply with the new provisions of statute. This procedure letter is being issued to provide information and technical assistance to state and county staff for implementing the changes in statute prior to the issuance of amended rules and forms. A brief explanation of the pertinent sections of the law and recommendations for implementation appears below.

ORC 2919.224 - 2919.227

Child care providers cannot knowingly misrepresent any factor or condition that relates to the care of a child and that substantially affects the health or safety of a child in the provider's home or facility. Prior to accepting a child into care, all providers must disclose to the child's caretaker information concerning a child's death or serious injury while in their care. Section 2919.226 of the Revised Code provides the language that must be used by the provider to disclose information to caretakers. A copy of the signed form from each caretaker must be retained in the provider's records. (Note: All type B providers, as defined in ORC 5104.01, must comply with this requirement whether or not they are certified.)

ORC 5104.011

As of May 18, 2005, Parent/Provider Inspected (PPI) limited type B providers shall be required to have a criminal records check through the Bureau of Criminal Identification and Investigation (BCII). County child care staff will need to ensure that background checks are completed on all PPI providers certified on or after May 18, 2005.

ORC 5104.09, 5104.013

Additional offenses have been added to the list of convictions that prevent a person from being licensed or certified as a child care provider. Disqualification under the new offenses is not retroactive to providers licensed or certified prior to May 18, 2005. The department will be revising the JFS 01301 "Child Care Convictions Statement" and JFS 01313 "Statement of Non-conviction" to include the new offenses. Until the revised forms are released, county child care certification staff and state licensing staff must provide a list of the new offenses for providers as an attachment to the current forms. A temporary form, the JFS 01314 "Supplement to the 'JFS 01301 Child Care Convictions Statement' and 'JFS 01313 Statement of Non-conviction'", can be used to fulfill this requirement. The new offenses apply only to owners and administrators of centers and type A homes and to certified type B providers.

ORC 5104.013 (A) (3)

Beginning May 18, 2005, licensed center and type A owners and administrators and any person eighteen years or older residing in a type A home, must complete an FBI criminal records check if they have been an Ohio resident less than five years. New language will be added to rules 5101:2-12-26 and 5101:2-13-26, both entitled "Statements of nonconviction, criminal records checks". Also beginning May 18, 2005, ODJFS requires that any new center or type A owner or administrator, or any person eighteen years or older residing in a type A home, complete an FBI check if they do not meet the Ohio residency requirement.

ORC 5104. 03 (G)

Certified type B providers whose certification has been revoked by a county department of job and family services (CDJFS) cannot be licensed as a type A provider by the Ohio Department of Job and Family Services (ODJFS). As of May 18, 2005, ODJFS may not issue or renew a license if the type B revocation terms of 5104.03 (G) are met. Effective immediately, county child care staff must send a written notice to the Bureau of Child Care and Development (BCCD) when a certified type B provider's certification has been revoked. The notice must be on agency letterhead, and include the full name, address and social security number of the certified type B provider. The notice should be directed to: Bureau of Child Care and Development, Center Monitoring Section, 255 East Main Street, 3rd Floor, Columbus, OH 43215 by mail, or fax to (614)728-6803. BCCD will maintain a listing that state licensing staff will check prior to issuing a license to a type A provider.

ORC 5104.30

ODJFS shall develop and maintain a registry of child care providers and shall adopt rules to establish procedures and requirements for the administration of the registry. This registry will be posted on the child care website at http://jfs.ohio.gov/cdc/ when available. It will contain the names and phone numbers of certified type B providers listed by county.

Manual users may wish to file a copy of the JFS 01314 "Supplement to the 'JFS 01301 Child Care Convictions Statement' and JFS 01313 'Statement of Non-conviction'" in the Appendix section of the Child Care Manual.

If you have any questions regarding this letter, please contact the Bureau of Child Care and Development, County Monitoring and Technical Assistance Section at (614) 466-3822.