(A) "Adult"
means an individual who is at least eighteen years of age.
(B) "Advanced
practice registered nurse (APRN)" means a certified registered nurse
anesthetist, clinical nurse specialist, certified nurse-midwife or certified
nurse practitioner under Chapter 4723. of the Revised Code. This was previously
called advanced practice nurse (APN).
(C) "Career
pathways model" means an alternative pathway to meeting the requirements
for a child care staff member or administrator that uses an approved framework
to document formal education, training, experience, specialized credentials and
certifications. This allows the child care staff member or administrator to
achieve a designation as an early childhood professional level one, two, three,
four, five, or six.
(D) "Certified
nurse practitioner (CNP)" means a registered nurse who holds a valid
certificate of authority issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as a CNP in accordance with section 4723.43
of the Revised Code and rules adopted by the board of nursing.
(E) "Child"
means an infant, toddler, preschool child or school-age child.
(F) "Child
care" per section 5104.01 of the Revised Code means all of the following:
(1) Administering
to the needs of infants, toddlers, preschool-age children and school-age
children outside of school hours.
(2) By persons
other than their parents, guardians, or custodians.
(3) For anya part of the
twenty-four-hour day.
(4) In a place
other than a child's own home, except that an in-home aide provides child care
in the child's own home.
(5) For the purposes and requirements of
this chapter, "child care" is limited to a program licensed or
required to be licensed by the department pursuant to this chapter or a program
with a contract to provide publicly funded child care pursuant to section
5104.32 of the Revised Code.
(G) "Child care
staff member" means any adult employed by the family child care provider
who is responsible for the care and supervision of children.
(H) "Employee"
means a person who is at least fifteen years old, receives compensation for
duties performed in a licensed family child care home or has assigned work
hours or duties in a licensed family child care home.
(I) "Family
child care provider" is an Ohio department of job and family services
(ODJFS) licensed type A home provider or an ODJFS licensed type B home
provider.
(J) "Field
trips" means infrequent or irregularly scheduled excursions from the
licensed family child care home.
(K) "Food
supplement" means a vitamin, mineral, or combination of one or more
vitamins, minerals and/or energy-producing nutrients (carbohydrate, protein or
fat) used in addition to meals or snacks.
(L) "Infant"
means a child who is under eighteen months of age.
(M) "License
capacity" is the maximum number of children who may be cared for in a
family child care home at any one time. License capacity is indicated on the
license. License capacity is not the same as the total number of children
enrolled in the home or attending the home on any given day. Children away from
the home on a field trip or a special outing, and under the supervision of a
child care staff member, shall be included in the count for license capacity.
(N) "Medication"
means any substance or preparation of a substance which is used to prevent or
treat a wound, injury, infection, infirmity, or disease. This includes
medication that is over the counter, or prescribed or recommended by a
physician or advance practice nurse certified to prescribe medication, and
permitted by the parent for administration or application.
(O) "Modified
diet" means any diet eliminating the use of any one or more of the four
food groups or altering the amount of food required to be served to meet
one-third of the recommended dietary allowance as required by rule 5101:2-13-22
of the Administrative Code.
(P) "Owner"
includes a person, as defined in section 1.59 of the Revised Code, or
government entity.
(Q) "Parent"
means the father or mother of a child, an adult who has legal custody of a
child, an adult who is the guardian of a child, or an adult who stands in loco
parentis with respect to a child, and whose presence in the home is needed as
the caretaker of the child. Parent has the same meaning as "caretaker
parent" as defined in section 5104.01 of the Revised Code.
(R) "Physician"
means a person issued a certificate to practice in accordance with Chapter
4731. of the Revised Code and rules adopted by the state medical board or a
comparable body in another state.
(S)
"Physician assistant (PA)" means a person who has obtained a valid
certificate to practice in accordance with Chapter 4730. of the Revised Code
and rules adopted by the state medical board or a comparable body in another
state.
(T) "Preschool
child" means a child who is three years old or older but is not a
school-age child.
(U)
"Provider" means the person responsible for the daily operation of
the family child care home. The provider and the owner of the family child care
home shall be the same person and the family child care home shall be the
permanent residence. If the owner of the home is a corporation, the agent(s) of
the corporation shall include the provider. For a type A home, the provider is
also the named administrator.
(V) "Public
children services agency (PCSA)" means an entity specified in section
5153.02 of the Revised Code that has assumed the powers and duties of the
children services function prescribed by Chapter 5153. of the Revised Code for
a county.
(W) "Related
to the provider" means any of the following persons when determining group
size in a family child care home: grandchildren, daughters, sons, step
daughters, step sons, sisters, brothers, step sisters, step brothers, nieces,
nephews, half brothers, half sisters, or first cousins who are related to the
provider by blood, marriage or adoption. Children receiving foster care from
the provider are not considered to be related to the provider.
(X) "Routine
trips" means repeated excursions off the premises of the home which
regularly occur on a previously scheduled basis and that parents have been made
aware of the destinations of the trip.
(Y) "School-age
child" means a child who is enrolled in or is eligible to be enrolled in a
grade of kindergarten or above, but who is less than fifteen years old, unless
the child meets the definition of "special needs" as defined in this
rule.
(Z) "Serious
risk non-compliance" means a licensure rule violation that has the
potential to lead to a great risk of harm to, or death of, a child.
(AA) "Special
needs" means providing child care services to a child who is under
eighteen years old who does not function according to age appropriate
expectations in one or more of the following areas of development:
social/emotional, cognitive, communication, perceptual-motor, physical, or
behavioral development, or the child has chronic health issues. The child's
delays/condition(s) affect development to the extent that the child requires
special adaptations, modified facilities, program adjustments or related services
on a regular basis in order to function in an adaptive manner.
(BB)
"Specialized foster home" means a medically fragile foster home or a
treatment foster home.
(CC) "Substitute"
means a child care staff member who replaces a provider or assigned staff
member on a temporary basis.
(DD)
"Toddler" means a child who is at least eighteen months of age but
less than three years of age.
(EE) "Treatment
foster care" means foster caregiver-based treatment services for children
whose special or exceptional needs cannot be met in their own homes. Treatment
foster care focuses on providing rehabilitative services to children with
special or exceptional needs and their families with the primary location of
treatment being in the treatment foster home.
(FF) "Type A
home" means the permanent residence of the provider in which child care is
provided for seven to twelve children at one time.
(GG) "Type B
home" means the permanent residence of the provider in which child care is
provided for one to six children at one time and no more than three children
are under two years of age.
(HH) "Voluntary
temporary closure" means the program requests to stop serving children,
but not close the license. A voluntary temporary closure shall not exceed
twelve months.
Effective: 10/29/2017
Five Year Review (FYR) Dates: 12/31/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.018, 5104.017
Rule Amplifies: 5104.01
Prior Effective Dates: 9/5/86, 7/1/03, 9/1/07, 9/29/11, 9/28/15,
12/31/16