Background: The Office of Family Assistance has completed a thorough review and restructuring of all child care licensing rules. All licensing rules have been reviewed to ensure that the Ohio Department of Job and Family Services (ODJFS) is only mandating essential health and safety requirements and not including requirements that could inhibit small business in Ohio. Additionally, the rules for all settings have been aligned, renumbered and updated to reference the Ohio Child Licensing and Quality System currently in development.

The following rules and forms will be effective December 31, 2016.

New Rules:

5101:2-12-01 "Definitions for licensed child care centers" is a new rule that defines the terms used throughout the new chapter of center licensing rules.

5101:2-12-02 "Application and amendments for a child care center license" is a new rule that describes the process and requirements for applying for a child care center license and the process to amend a currently existing child care center license. This rule is replacing in part rescinded rules 5101:2-12-04 and 5101:2-12-05 of the Administrative Code.

5101:2-12-03 "Compliance, inspection and complaint investigation of a licensed child care center" is a new rule that outlines guidelines and timeframes for inspections and investigations of licensed child care centers. This rule is replacing in part rescinded rules 5101:2-12-07 and 5101:2-12-08 of the Administrative Code.

5101:2-12-04 "Building department, fire inspection and food service licensure for a licensed child care center" is a new rule that outlines the separate requirements of building inspections, fire inspections and food service licensure for licensed child care centers. This rule is replacing in part rescinded rules 5101:2-12-10, 5101:2-12-11, and 5101:2-12-12 of the Administrative Code.

5101:2-12-05 "Denial, revocation and suspension of a child care center application or license" is a new rule that outlines the parameters for denying an application and suspending or revoking a child care center license. This rule is replacing in part rescinded rule 5101:2-12-09 of the Administrative Code.

5101:2-12-06 "Procedures for a licensed child care center operating under a provisional license" is a new rule that outlines the operating requirements during the provisional licensing period. This rule is replacing in part rescinded rule 5101:2-12-04 and 5101:2-12-04.1 of the Administrative Code.

5101:2-12-07 "Administrator responsibilities, requirements and qualifications for a licensed child care center" is a new rule that outlines the education and responsibilities to become an administrator in a licensed child care center. This rule is replacing rescinded rule 5101:2-12-24 of the Administrative Code.

5101:2-12-08 "Employee and child care staff member requirements in a licensed child care center" is a new rule that outlines the qualifications for employees and child care staff members in a licensed child care center. This rule is replacing rescinded rule 5101:2-12-25 of the Administrative Code.

5101:2-12-09 "Criminal records check requirements for a licensed child care center" is a new rule that outlines Bureau of Criminal Investigation, Federal Bureau of Investigation and nonconviction statement requirements. This rule is replacing rule 5101:2-12-26 of the Administrative Code.

5101:2-12-10 "Training and professional development requirements for a licensed child care center" is a new rule that outlines the initial and on-going training and professional development requirements for child care center staff.

5101:2-12-11 "Indoor and outdoor space requirements for a licensed child care center" is a new rule that outlines indoor and outdoor space requirements in a licensed child care center. This rule is replacing in part rescinded rules 5101:2-12-13 and 5101:2-12-14 of the Administrative Code.

5101:2-12-12 "Safe equipment and environment for a licensed child care center" is a new rule that outlines the requirements for safe equipment and environments in a licensed child care center. This rule is replacing in part rules 5101:2-12-13, 5101:2-12-14 and 5101:2-12-15 of the Administrative Code.

5101:2-12-13 "Sanitary equipment and environment for a licensed child care center" is a new rule that outlines the requirements for sanitary equipment and environments for a licensed child care center. This rule is replacing in part rules 5101:2-12-15, 5101:2-12-15.1, 5101:2-12-15.2, 5101:2-12-15.3, and 5101:2-12-15.4 of the Administrative Code.

5101:2-12-14 "Transportation and field trip safety for a licensed child care center" is a new rule that outlines transportation requirements for a licensed child care center. This rule is replacing in part rules 5101:2-12-18, 5101:2-12-18.1, and 5101:2-12-18.2 of the Administrative Code.

5101:2-12-15 "Child record requirements for a licensed child care center" is a new rule that outlines child record requirements for a licensed child care center. This rule is replacing in part rule 5101:2-12-34 and 5101:2-12-37 of the Administrative Code.

5101:2-12-16 "Emergency and health-related plans for a licensed child care center" is a new rule that outlines medical, dental, first aid and communicable disease procedures, incidents and injuries and disaster planning for a licensed child care center. This rule is replacing in part rules 5101:2-12-15.1, 5101:2-12-34 and 5101:2-12-37 of the Administrative Code.

5101:2-12-17 "Programming and materials for a licensed child care center" is a new rule that outlines daily activities in a licensed child care center. This rule is replacing in part rescinded rule 5101:2-12-16 of the Administrative Code.

5101:2-12-18 "Group size and ratios for a licensed child care center" is a new rule that outlines the requirements for staff to child ratios and grouping in a licensed child care center. This rule is replacing in part rule 5101:2-12-20 of the Administrative Code.

5101:2-12-19 "Supervision of children and child guidance for a licensed child care center" outlines the requirements for supervision and acceptable and unacceptable discipline for a licensed child care center. This rule is replacing in part rules 5101:2-12-20 and 5101:2-12-21 of the Administrative Code.

5101:2-12-20 "Sleeping and napping requirements for a licensed child care center" is a new rule that outlines requirements for the use of cribs, mats, cots and other sleep surfaces for a licensed child care center. This rule is replacing in part rules 5101:2-12-19 and 5101:2-12-42 of the Administrative Code.

5101:2-12-21 "Evening and overnight care for a licensed child care center" is a new rule that outlines the evening and overnight care guidelines for a licensed child care center. This rule is replacing rule 5101:2-12-23 of the Administrative Code.

5101:2-12-22 "Meal preparation/nutritional requirements for a licensed child care center" is a new rule that outlines meal and snack procedures for a licensed child care center. This rule is replacing rule 5101:2-12-39 of the Administrative Code.

5101:2-12-23 "Infant care and diaper care for a licensed child care center" is a new rule that outlines requirements when caring for infants in a licensed child care center. This rule is replacing rules 5101:2-12-40 and 5101:2-12-41of the Administrative Code.

5101:2-12-24 "Swimming and water safety requirements for a licensed child care center" is a new rule that outlines swimming and water activity requirements for a licensed child care center. This rule is replacing rule 5101:2-12-17 of the Administrative Code.

5101:2-12-25 "Medication administration, food supplements and medical foods for a licensed child care center" is a new rule that outlines the requirements for administering medication and modified food diets for a licensed child care center. This rule is replacing rule 5101:2-12-31 of the Administrative Code.

New Forms:

JFS 01155 "Request for Review for Licensing and Step Up to Quality" is a new form used to request a review of licensing findings after an inspection.

JFS 01156 "Serious Incident Reporting for Child Care" is a new form used to report serious incidences to ODJFS by the program or provider.

JFS 01276 "Health Training Documentation for Child Care" is a new form used to track the health training hours required for all administrators, providers and child care staff members.

Amended Forms:

JFS 01201 "Dental First Aid" is being revised to update language on dental procedures.

JFS 01206 "Rehabilitation Criteria for Child Care" is being revised to update rule citations.

JFS 01215 "Children's Record Review for Child Care" is being revised to include all child care settings.

JFS 01217 "Request for Administration of Medication for Child Care" is being revised to include type B provider language.

JFS 01230 "Vehicle Inspection Report for Child Care Centers" is being revised to remove type A provider language and update the rule cites.

JFS 01234 "Child Enrollment and Health Information for Child Care" is being revised to include all child care settings.

JFS 01235 "Sleep Position Waiver Statement for Child Care" is being revised to include all child care settings.

JFS 01236 "Child Medical/Physical Care Plan for Child Care" is being revised to include all child care settings.

JFS 01242 "Medical, Dental and General Emergency Plan for Child Care" is being revised to include all child care settings and update procedures.

JFS 01250 "Plan of Operation for Child Care" is being revised to include all child care settings and to streamline what documents are required at application.

JFS 01266 "Contracted Driver Qualifications Statement for Child Care" is being revised to update the rule citations.

JFS 01281 "Child Care Playground Inspection Report" is being revised to update rule citations and rule language.

JFS 01295 "Complaint Intake, Alleged Operations and Disposition Report for Child Care" is being revised to include complaints and alleged operations on one form for all licensed child care settings.

JFS 01299 "Incident/Injury Report for Child Care" is being revised to include incidents that are not required to be reported the day of the incident.

JFS 01306 "Employee Record Chart for Child Care" is being revised to include all child care settings.

JFS 01307 "Professional Development Documentation for Child Care" is being revised to change the title and remove the health training heading from the form.

JFS 01328 "Statement of Nonconviction for Child Care" is being revised to include all providers in all settings; child care centers, type A homes, type B homes, and in-home aides.

JFS 08087 "Communicable Disease Chart" is being revised to update disease information.

Rescinded Rules:

5101:2-12-01 "Definitions for licensed child care centers"

5101:2-12-02 "Types of licensed child care centers"

5101:2-12-03 "License capacity for licensed child care centers"

5101:2-12-04 "Initial application and issuance of a provisional license for child care centers"

5101:2-12-04.1 "Procedures for child care centers operating under a provisional license"

5101:2-12-05 "License amendments for licensed child care centers"

5101:2-12-07 "Inspection of licensed child care centers in a regular license and the investigation of unlicensed child care centers"

5101:2-12-08 "Complaint investigations for licensed and unlicensed child care centers"

5101:2-12-09 "Denial or revocation of a child care center application or license"

5101:2-12-09.1 "Suspension of a child care center license"

5101:2-12-10 "Building approval for licensed child care centers"

5101:2-12-11 "Fire department approval for licensed child care centers"

5101:2-12-12 "Food service licensure for licensed child care centers."

5101:2-12-13 "Indoor floor space requirements for licensed child care centers"

5101:2-12-14 "Outdoor play requirements for licensed child care centers"

5101:2-12-15 "Safe and sanitary equipment and environment in licensed child care centers"

5101:2-12-15.1 "Handwashing and standard precautions for licensed child care centers"

5101:2-12-15.2 "Diapering and toilet training for licensed child care centers"

5101:2-12-15.3 "Smoke free environment for licensed child care centers"

5101:2-12-15.4 "Toothbrushing in licensed child care centers"

5101:2-12-16 "Requirements for programming and equipment in licensed child care centers"

5101:2-12-17 "Swimming and water safety requirements for licensed child care centers"

5101:2-12-18 "Transportation and field trip safety procedural requirements for licensed child care centers"

5101:2-12-18.1 "Transportation/vehicle requirements for licensed child care centers"

5101:2-12-18.2 "Transportation/driver requirements for licensed child care centers"

5101:2-12-19 "Requirements for children who rest, nap or sleep and use of cots in licensed child care centers"

5101:2-12-20 "Supervision, staff/child ratios and grouping for licensed child care centers"

5101:2-12-21 "Care and nurturing of children for licensed child care centers"

5101:2-12-22 "Child guidance and management for licensed child care centers"

5101:2-12-23 "Evening and overnight care for licensed child care centers"

5101:2-12-24 "Administrator responsibilities and qualifications for licensed child care centers"

5101:2-12-25 "Employee and child care staff member requirements for licensed child care centers"

5101:2-12-26 "Statement of nonconviction and criminal records checks for licensed child care centers"

5101:2-12-27 "Training in first aid, CPR, management of communicable disease and child abuse prevention for staff in licensed child care centers"

5101:2-12-28 "In-service training for licensed child care centers"

5101:2-12-30 "Written information, policies and procedures to be provided to parents/guardians of children in licensed child care centers"

5101:2-12-31 "Administration of medication in licensed child care centers"

5101:2-12-33 "Management of illness of licensed child care centers"

5101:2-12-34 "Medical, dental, and general emergency plan for licensed child care centers"

5101:2-12-35 "Incident/injury report for licensed child care centers"

5101:2-12-36 "First aid supplies/procedures for licensed child care centers"

5101:2-12-37 "Children's medical and enrollment records for licensed child care centers"

5101:2-12-38 "Care of children with health conditions in licensed child care centers"

5101:2-12-39 "Requirements for meals and snacks in licensed child care centers"

5101:2-12-40 "Daily program for infants in licensed child care centers"

5101:2-12-41 "Infant feeding requirements in licensed child care centers"

5101:2-12-42 "Cribs in licensed child care centers"

Obsolete Forms:

JFS 01238 "Second Adult Statement for Child Care Centers"

JFS 01241 "Child Care Center Administrator Rules Review Course Certificate"

JFS 01246 "Child Care Staff Member Orientation and Employee Policy Review Statement for Child Care Centers and Type A Homes"

JFS 01250-I "Instructions for Completing the Plan of Operation for a Child Care Center"

JFS 01310 "Required Staff/Child Ratios for Child Care Centers"

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