Background:

The Office of Family Assistance has amended child care center licensing rules pertaining to background checks as a result of the Child Care Development Block Grant Act (CCDBG) of 2014.  Federal law requires the following five background checks be completed for each individual who owns, works or applies to work in a child care program:

• Bureau of Criminal Investigation (BCI)
• Federal Bureau of Investigation (FBI)
• National Sex Offender Registry
• State Sex Offender Registry
• Statewide Automated Child Welfare Information System (SACWIS).

The Federal Law requires that all background check results be reviewed by the Ohio Department of Job and Family Services (ODJFS).  In addition, individuals will no longer be required to complete new background checks if they change employers within a specified timeframe.

Licensing rules have also been amended as a result of feedback received from the Ohio Alliance of Early Learning Advocates in November 2016 and from stakeholder meetings held on January 31, 2017 and March 17, 2017.

The following rules and forms will be effective October 29, 2017.

New rule:

5101:2-12-09 "Background check requirements for a licensed child care center" has been replaced as a new rule due to the number of revisions and rearrangement of the paragraphs and to update the appendix to include language regarding sealed records.  This rule outlines the new background check requirements that must be completed before working in a child care center. Appendix A to the rule has been amended to clarify that for rehabilitation, three years does not need to elapse for misdemeanors that are sealed and ten years does not need to elapse for felonies that are sealed.

Amended rules:

5101:2-12-01 "Definitions for licensed child care centers" defines the terms used throughout the chapter of center licensing rules.  This rule has been amended to add language to the definition of child care.

5101:2-12-02 "Application and amendments for a child care center license" outlines the process and requirements for applying for a child care center license and the process to amend a currently existing child care center license.  Appendix A to this rule has been amended to reflect the updated requirements for background checks that are to be submitted at the time of application.  Additionally, building approval documentation requirements were clarified in the appendix.

5101:2-12-03 "Compliance inspection and complaint investigation of a licensed child care center" outlines guidelines and timeframes for inspections and investigations of licensed child care centers.  This rule has been amended to clarify language regarding types of inspections.  The appendix to this rule has also been amended with updated language to reflect the new background check process (rule 5101:2-12-09), the updated concealed weapons requirements in Ohio (rule 5101:2-12-12), and to clarify the moderate risk noncompliance for using vehicles that do not meet the requirements of rule 5101:2-12-14 of the Administrative Code (rule 5101:2-12-14).

5101:2-12-05 "Denial, revocation and suspension of a licensed child care center application or license" outlines the parameters for denying an application or revoking or suspending a child care center license.  This rule has been amended to include the updated background check requirements for denying or revoking a license.

New forms:

JFS 01175 "Request for a Background Check for Child Care" is a new form that will be used by individuals to request a background check to work in child care.

JFS 01176 "Program Notification of Background Check Review for Child Care" is a new form that will be used to inform child care programs of background check results for applicants, owners, employees and child care staff members.

JFS 01177 "Individual Notification of Background Check Review for Child Care" is a new form that will be used to inform individuals if the results of their background check allow them to be an owner, employee or child care staff member in a center.

JFS 01178 "Request for Review of Background Check Decision for Child Care" is a new form that will be completed by an individual to appeal the results of their background check.

Amended forms:

JFS 01247 "Inspection Report for Child Care Centers" has been revised to update the rules included in this package as well as the following rules being amended in a separate package:

• 5101:2-12-07
• 5101:2-12-08
• 5101:2-12-10
• 5101:2-12-12
• 5101:2-12-13
• 5101:2-12-14
• 5101:2-12-16
• 5101:2-12-18
• 5101:2-12-23
• 5101:2-12-25

Obsolete forms:

JFS 01206 "Rehabilitation Criteria"

JFS 01328 "Statement of Nonconviction for Child Care"

Implementation:

New Program:

Any program that applies for a license after the effective date of these rules shall follow the new background check process.

New Staff:

Any employee or child care staff member of currently licensed programs hired after the effective date of the rules shall follow the new background check process.

Current Staff:

Current owners, administrators, employees and child care staff members as of the effective date of these rules will be phased-in to the new process.

Itinerant teachers who are left alone with children and/or used to meet ratio or group size will now need files on site at the program (including background checks pursuant to rule 5101:2-12-09).  The Ohio Department of Education itinerant teacher form will no longer be accepted to meet the requirements for background checks, medical statements or education verification.

Each program shall send the following to CCBackgroundCheck@jfs.ohio.gov by January 1, 2018:

• A cover sheet detailing each person and their role within the program (owner, administrator, child care staff member or employee).  JFS 01171 "Background Check Cover Sheet for Child Care" is a sample form that can be used to meet this requirement.
• JFS 01175 for each owner, administrator, child care staff member and employee.
• Copies of current BCI and FBI results on file for each employee and child care staff member at the program.  Each program must keep the original copy of the results on file until it receives the new JFS 01176 for each employee and child care staff member.
• If an individual's BCI and FBI checks expire prior to January 1, 2018, that individual will follow the entire new process for background checks detailed in rule 5101:2-12-09 by the expiration date of the checks instead of submitting the current (expiring) checks to ODJFS by January 1, 2018.  The individual should be noted on the cover sheet as "requested new BCI and FBI checks."
• If an individual's BCI or FBI checks on file have already expired, were not sent directly to the licensed child care center, or were not run pursuant to section 5104.013 of the Ohio Revised Code (as noted on the results), the individual shall follow the new process for background checks detailed in rule 5101:2-12-09 instead of submitting the non-compliant checks on file to ODJFS.  If the non-compliant checks are submitted to ODJFS, this may result in the program being cited a low risk noncompliance for failing to comply with rule 5101:2-12-09 of the Ohio Administrative Code.  The individual should be noted on the cover sheet as "requested new BCI/FBI checks."

ODJFS will use these results along with the results from new child abuse and neglect checks and state and national sex offender registry checks to determine if the individual is eligible for continued employment.  Each program and individual will receive notification from ODJFS regarding eligibility after review of the background check results.  If ODJFS determines the person is not eligible to work in a child care program, the owner shall immediately terminate employment, unless the individual requests a review.  If the individual requests a review, the individual cannot be on-site at the program during the review process.

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