CCCMTL 28 (Ohio Administrative Code Rules 5101:2-12-03 and 5101:2-13-03 Revisions)
Child Care Center Manual Transmittal Letter No. 28Family Child Care Manual Transmittal Letter No. 18
November 6, 2020
TO: All Child Care Center Manual Holders All Family Child Care Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Ohio Administrative Code Rules 5101:2-12-03 and 5101:2-13-03 Revisions

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.