Background:

The child care licensing rules that were effective December 31, 2016 included updated rehabilitation criteria for prohibitive offenses. This criteria was updated to meet new federal requirements for criminal records checks. The amended rules also require anyone with a criminal records check indicating a prohibitive offense who met the previous rehabilitation criteria be reviewed by April 1, 2017 to ensure the individual meets the new rehabilitation criteria. The rule did not include the specific email address to use to submit documentation for center owners and administrators.

Child Care Staff Members and Employees:

If a child care staff member or employee was employed prior to December 31, 2016, and previously met the rehabilitation standards, the following steps shall be followed:

(1)The owner or administrator shall review the criminal records checks that had previously been reviewed to determine if the individual meets the current rehabilitation standards, detailed in appendix A to OAC 5101:2-12-09 and shall have the individual complete a new JFS 01206 "Rehabilitation Criteria for Child Care" (rev. 12/2016) by April 1, 2017.

(2)If the individual does not meet the updated rehabilitation standards, the administrator shall terminate the individual's employment immediately.

Administrator:

If an administrator was approved by ODJFS prior to December 31, 2016, and previously met the rehabilitation standards, the following steps shall be followed:

(1)The administrator shall submit a new JFS 01206 "Rehabilitation Criteria for Child Care" (rev. 12/2016) and any applicable documentation to ODJFS via email to CCBackgroundCheck@jfs.ohio.gov for review by April 1, 2017.

(2)If ODJFS reviews the administrator's JFS 01206 and it is determined that the administrator does not meet the updated rehabilitation standards, the program owner shall immediately terminate the administrator's employment.

Owner:

If an owner was approved by ODJFS prior to the effective date of the rule, December 31, 2016, and previously met the rehabilitation standards, the following steps shall be followed:

(1)The owner shall submit a new JFS 01206 "Rehabilitation Criteria for Child Care" (rev. 12/2016) and any applicable documentation to ODJFS via email to CCBackgroundCheck@jfs.ohio.gov for review by April 1, 2017.

(2)If ODJFS reviews the owner's JFS 01206 and it is determined that the owner does not meet the updated rehabilitation standards, ODJFS shall propose revocation of the program's license pursuant to rule 5101:2-12-05 of the Ohio Administrative Code.

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