Background:
Amended Substitute House Bill 65 of the 133rd Ohio General
Assembly enacted section 5104.043 of the Revised Code regarding parental notice
of serious risks to the health and safety of children receiving child care. The
Ohio Department of Job and Family Services amended rules 5101:2-12-03 and
5101:2-13-03 of the Ohio Administrative Code to implement provisions of the
bill.
These rules are effective November 15, 2020.
Proposed Amendments to the Rules:
5101:2-12-03 "Compliance inspection and complaint
investigation of a licensed child care center" has been amended to add
language requiring programs to notify parents of a serious risk. If ODJFS determines a serious risk
noncompliance (SRNC), the center is to provide a written or electronic notice
of the SRNC to all parents of enrolled children within fifteen days of the
receipt of the noncompliance from ODJFS. The center is to also provide a copy
of the notice to ODJFS. If the center requests a review of the finding, and the
finding is upheld, the notice to parents is to be sent within five business
days of receipt of the decision by ODJFS. Additionally, this rule does not
apply if ODJFS suspends the license of the child care center.
5101:2-13-03 "Compliance inspection and complaint
investigation of a licensed family child care provider" has been amended
to add language requiring programs to notify parents of a serious risk. If ODJFS or the county agency determines a
serious risk noncompliance (SRNC), the family child care provider is to provide
a written or electronic notice of the SRNC to all parents of enrolled children
within fifteen days of the receipt of the noncompliance from ODJFS or the
county agency. The provider is to also provide a copy of the notice to ODJFS.
If the provider requests a review of the finding, and the finding is upheld,
the notice to parents is to be sent within five business days of receipt of the
decision by ODJFS. Additionally, this rule does not apply if ODJFS suspends the
license of the family child care provider.
Please contact the Child Care Policy Helpdesk at 1-877-302-2347,
option 4, if you have any questions.