As a result of the passage of Sub. SB 163 of the 127th General Assembly, changes have been made to the Revised Code (RC) that affect licensing rules for child care centers and type A homes. A copy of the Act and any analysis of the legislation is available at: http://www.legislature.state.oh.us/BILTEXT127/127_SB_163_EN_N.pdf.

SB 163 goes into effect on August 14, 2008. The Ohio Department of Job and Family Services (ODJFS), Bureau of Child Care and Development has amended Ohio Administrative Code (OAC) rules in order to comply with the new provisions of this statute. This transmittal letter is being issued to provide instruction and information to licensed child care centers and type A homes for implementing these rule and form changes. These revised rules and forms will go into effect on August 14, 2008, except rule 5101:2-12-26, which will go into effect on September 1, 2008.

Each individual owner, administrator, and employee in a child care center or type A home and all persons 18 years of age and older who reside in a type A home must now have a criminal records check completed every four years by the Ohio Bureau of Criminal Identification and Investigation (BCII). Until the effective date of this rule, only those staff who had care, custody, or control of the children and owners and administrators hired after October 29, 1993 have been required to have a BCII criminal records check. With the passage of SB 163, rules have been amended to require that all employees, including owners and administrators, child care staff and all other employees of the center have a criminal records check completed and updated every four years.

Owners, administrators and employees who do not have a BCII criminal records check on file and owners, administrators and employees whose criminal record checks were completed more than four years ago must have a BCII criminal records check completed by March 1, 2009 and every four years thereafter. Individuals who have had a BCII records check completed within the past four years must have a new records check completed within four years from the completion of the most recent BCII records check.

Any applicant seeking a child care center license or a type A home license on or after September 1, 2008 must have both a BCII and a Federal Bureau of Investigation (FBI) criminal records check completed and the results reviewed and approved by ODJFS prior to the license being issued. These criminal record checks must be repeated every four years thereafter.

All applicants for employment in any capacity in a child care center or type A home after September 1, 2008, shall have both a BCII and an FBI record check completed and the results reviewed and approved by the administrator prior to the employee having sole care, custody or control of any child. The results of these checks must be on file within thirty days of the date of hire. The BCII check must be completed every four years for all employees and centers may require an FBI check in addition to the BCII every four years.

The forms used to document statements of non-conviction have been revised. In the past, owners and administrators in child care centers and type A homes have signed the JFS 01328 and employees, second adults and adults living in a type A home have signed the JFS 01329. SB 163 made the prohibited offenses the same for owners, administrators, employees, second adult in a child care center or type A home and all persons 18 years of age and older who reside in a type A home. As a result, all persons associated with the center or type A home - owners, administrators, employees, second adults and adults living in the type A home - shall sign the revised JFS 01328 "Statement Of Nonconviction For Child Care Centers and Type A Homes." This form must be signed annually.

The following is a summary of the rule and form revisions:

Rule 5101:2-12-09 Denial or Revocation of a Child Care Center License has been amended to include sections of the Revised Code that list additional prohibited criminal offenses.

Rule 5101:2-12-26 Statement of Non-Conviction and Criminal Records Check for Licensed Child Care Center Staff has been amended to provide new requirements for BCII criminal record checks, to revise the rehabilitation standards and to include a new requirement to have the JFS 01328 "Statement of Nonconviction for Licensed Child Care Centers and Type A Homes" completed at initial application for employment or a license and completed annually thereafter.

Rule 5101:2-13-04 Application and Issuance of Initial License for a Type A Home has been amended to add a provision that a prospective type A provider cannot be certified as a foster home or a specialized foster home, or if a prospective type A provider had been revoked as a certified type B provider for stated reasons, the provider shall not be issued a license.

Rule 5101:2-13-09 Denial or Revocation of a Type A Home License has been amended to include sections of the Revised Code that list additional prohibited criminal offenses.

Rule 5101:2-13-26 Statement of Non-Conviction and Criminal Records Check for Licensed Type A Homes has been amended to provide the new requirements for BCII criminal record checks, to revise the rehabilitation standards and to include a new requirement to have the JFS 01328 "Statement of Nonconviction for Licensed Child Care Centers and Type A Homes" completed at the initial application for employment or for a license and completed annually thereafter.

JFS 01210 "Application for Child Care License" has been revised to add the names of the owner's authorized representative, to add an indication if the person is a certified foster home and to update the references to prohibited criminal offenses.

JFS 01311 "Criminal Records Check for Owners and Administrators of Child Care Centers and Type A Homes" has been revised to change the title and to provide instructions for obtaining electronic criminal records checks and having the results sent to ODJFS.

JFS 01328 "Statement of Nonconviction for Child Care Centers and Type A Homes" has been revised to change the title and to include additional convictions. This form is now obsolete for type B home providers and form shall be used by all child centers and type A homes.

JFS 01329 "Statement Of Nonconviction for Type B Homes And In-Home Aides" has been revised to change the title and include additional convictions and is now obsolete for child care centers and type A homes.

The electronic version of the Child Care Manual is located at: http://emanuals.jfs.ohio.gov. The manual contains all rules, forms, transmittal letters and procedure letters that the department has issued to child care providers. A current version of this manual should be utilized by all providers in all licensed child care centers, licensed type A homes and type B homes that are certified by the county Department of Job and Family Services. A current and updated copy of the manual should be accessible at all times to all providers.

Please contact the Help Desk for the Office for Children and Families at 1-866-886-3537, option 4 if you have any questions.

INSTRUCTIONS: The following chart identifies the material that needs to be removed from and inserted into the Child Care Manual (CCM).