Foster Care Licensing
5101:2-9-02 Staffing Requirements
Effective Date: February 15, 2024
Most Current Prior Effective Date: March 4, 2021

(A)When children are present during waking hours in a residential facility living unit, there shallis to be at least one child care staff person for each ten children. Child care staff shallis to be on duty providing supervision to children where two or more children are congregated to ensure an appropriate level of supervision of all areas of the facility considering the ages and functioning levels of children in care.

(B)Child care staff shallis to provide supervision within sight or sound of the child or pursuant to the level of supervision specified in the child's service plan. A child may be left alone or unsupervised only in accordance with the service plan of that child.

(C)At least one child care staff person for every five infants or toddlers shallis to be present in a residential parenting facility to provide care and supervision to children in the absence of teenage mothers.

(D)A residential parenting facility shallwill not permit a teenage mother to provide care or supervision to any child other than her own in the absence of the child's mother or child care staff.

(E)A children's residential center (CRC) or residential parenting facility shallis to have at least one awake child care staff person in each living unit where children are present during nighttime sleeping hours.

(F)Staff members at a residential facility shallwill not have overnight guests in the facility except for the children of live inlive-in staff members, who have resided in the home and are under the age of twenty-two.

(G)In accordance with rule 5101:2-5-09.1 of the Administrative Code, a criminal records check and background check shallis to be requested for each person eighteen years of age or older that resides with the staff members in a residential facility.

(H)A JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" shallis to be completed for each person eighteen years of age or older that resides with the staff members in a residential facility.

(I)Children of staff members and children of residents living in a residential facility shallare to be counted in all child care staff ratios.

(J)Each residential facility shallis to have a written work schedule including provisions for use of relief staff, and a backup plan for emergency relief staff.

(K)A residential facility shallis to have at least one child care staff on site who is:

(1)Trained in the reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(2)Designated to make decisions involving the participation of a child in age appropriate or developmentally appropriate activities.

(3)Designated to be the caregiver authorized to apply the reasonable and prudent parent standard.

(L)All relief child care staff and emergency child care staff of a residential facility shallare to meet the requirements of rules 5101:2-5-09, 5101:2-5-09.1 and 5101:2-9-03 of the Administrative Code.

(M)Newly hired child care staff shallare to be given on-the-job supervision and shallwill not be left unsupervised with residents until all of the following requirements have been met:

(1)The person has completed the initial orientation required by rule 5101:2-9-03 of the Administrative Code;

(2)The person has completed an additional twenty hours of the first year training required by rule 5101:2-9-03 of the Administrative Code;

(3)(2)   The person possesses a current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification. The CPR certification shallis to be the type applicable to the age and size of the children able to be served in the facility.

Effective: 2/15/2024

Five Year Review (FYR) Dates: 11/21/2023 and 02/15/2029

Certification: CERTIFIED ELECTRONICALLY

Date: 01/26/2024

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/1966, 10/01/1986, 01/01/1991, 09/18/1996, 09/01/2002, 01/01/2008, 12/01/2010, 07/01/2014, 12/01/2015, 03/04/2021