Background:

The Office of Family Assistance has completed a five-year review of child care center licensing rules. The licensing rules below 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. Rules were revised in compliance with Section 121.95 of the Ohio Revised Code requiring the department to remove at least two regulatory restrictions for each new regulatory restriction added in the rules. Additionally, rules were revised to meet federal requirements, remove duplicate requirements, clarify rule requirements, correct typographical errors in paragraph references, remove revision dates from form citations, update references to OCLQS, and provide clarifications for child care centers.

These rules are effective October 29, 2021.

Rules amended:

5101:2-12-11 "Indoor and outdoor space requirements for a licensed child care center" has been amended with the following changes:

• Added that dividers may be used to divide a room into smaller spaces to serve additional groups of children and center requirements for divider use
• Removed local building and fire approval additional space requirement for areas that include children who are less than two- and one-half years of age, as this requirement is addressed in rule 5101:2-12-04 of the Administrative Code
• Clarified language about outdoor space, natural barriers, outdoor equipment, "S" hooks, sandboxes, and fall zones
• Added that a playground on the premises that is regulated by another state agency is exempt from the on-site outdoor space fence and natural barrier requirements
• Removed the requirement about the accessibility of wading pools, as swimming and water safety is addressed in rule 5101:2-12-24 of the Administrative Code
• Added that functionally linked play equipment may be used if each piece of the adjacent equipment is not more than twelve inches apart for preschool-age children or eighteen inches apart for school-age children. Functionally linked play equipment means two or more play structures designed and installed adjacently to create one integral unit that provides more than one play activity for children

5101:2-12-13 "Sanitary equipment and environment for a licensed child care center" has been amended with the following changes:

• Removed the requirement that equipment, furnishings and materials are to be kept clean and in good repair, as this requirement is addressed in appendix A to this rule
• Clarified the requirement about storage of accumulated trash and garbage
• Removed the requirement about cleaning and sanitizing parent-provided dishes, cups, containers, and silverware, as this requirement is addressed in appendix A to this rule
• Clarified handwashing sink requirements and added that commercially manufactured non-permanent sinks may be used provided that both fresh and waste water inaccessible to children and disposed of in a sanitary manner
• Clarified toothbrushing requirements
• Appendix A to rule 5101:2-12-13:
  • Clarified cleaning and sanitizing descriptions and requirements for blankets/sheets, changing table/pad and cots/pads/mats
  • Added new objects in the cleaning and sanitizing chart to include reusable cleaning cloths and dividers, and clarified wastebaskets to include rinse buckets
• Appendix B to rule 5101:2-12-13:
  • Revised the requirement for child care staff members and employees to wash hands upon arrival for the day, prior to departure, and upon entry into a classroom to incorporate handwashing procedures enacted during the COVID-19 pandemic
  • Revised the requirement for children to wash hands prior to departure to incorporate handwashing procedures enacted during the COVID-19 pandemic

5101:2-12-16 "Emergency and health-related plans for a licensed child care center" has been amended with the following changes:

• Clarified the requirement to post a weather alert plan that includes the details listed in paragraph (H) of this rule and that emergency/lockdown drills are to be conducted in each quarter of the calendar year
• Removed the requirement that first aid supplies are to be stored out of the reach of children because it is a duplication of paragraph (B)(1)
• Removed the requirement that first aid supplies are to be replaced as they are used, expired, damaged or if sterile packages are opened, as this requirement is addressed in appendix A to this rule
• Clarified that centers are to post and follow the full-sized JFS 08087 "Communicable Disease Chart" in order to identify and respond to communicable diseases
• Added that the center is to report the communicable disease to ODJFS by the end of the next business day, if required to be reported to the local health department
• Removed the child isolation requirements due to a suspected communicable disease, as these requirements are addressed in appendix B to this rule
• Removed the cleaning and sanitizing requirement for a cot or mat used with a child isolated due to a suspected communicable disease, as this requirement is addressed appendix A to rule 5101:2-12-13 "Schedule for Cleaning and Sanitizing Items"
• Clarified the definition of serious incident in paragraph (F) and added that a serious incident to be reported includes an unusual or unexpected incident which jeopardizes the safety of a child, child care staff member, or employee of a center
• Removed the requirement of JFS 01156 "Serious Incident Reporting for Child Care," as serious incidents are required to be reported in the Ohio Child Licensing and Quality System (OCLQS) by the next business day
• Moved for clarification the requirements for when a child is transported by anyone other than the parent for emergency treatment
• Added that centers are to train child care staff members and employees on their written disaster plan annually and written documentation of this training is to be kept on-site
• Appendix A to rule 5101:2-12-16:
  • Clarified that the first-aid kit is to contain unexpired items (where applicable)
  • Removed the word "hypoallergenic" from the requirement for first-aid tape to allow for other options
• Appendix B to rule 5101:2-12-16:
  • Clarified that the sick child is to be isolated away from other children in another room or portion of a room, but within sight and hearing at all times to align with supervision requirements in rule 5101:2-12-19
  • Added that centers are to notify the child’s parent(s) immediately to arrange discharge of the child and if the child’s condition worsens during isolation
  • Removed requirements for laundering bedding and washing toys used by the sick child before use by another child, as these requirements are addressed in appendix A to rule 5101:2-12-13 of the Administrative Code "Schedule for Cleaning and Sanitizing Items"

5101:2-12-17 "Programming and materials for a licensed child care center" has been amended with the following changes:

• Clarified that centers must ensure that equipment, materials, and furnishings provided for both indoor and outdoor play are sufficient so that each child can be actively involved in an activity
• Removed the requirement that equipment, materials, and furnishings provided for both indoor and outdoor play are to be varied and adequate to meet the developmental needs of the children, as this requirement is addressed in appendix A to this rule

5101:2-12-18 "Group size and ratios for a licensed child care center" has been amended with the following changes:

• Removed duplicative grouping requirements, as organizing and assigning permanent groups of children is addressed in paragraph (A)(4) to this rule
• Added that a copy of the transition agreement between the parent and the center must be signed
• Added that preschool children may transition to the school-age group at the conclusion of the school year before kindergarten and be counted as school-agers for ratio
• Clarified that Ohio's automated child care system cannot be used to meet the attendance record written documentation requirement of the child’s arrival and departure times

5101:2-12-19 "Supervision of children and child guidance for a licensed child care center" has been amended with the following changes:

• Added that each child care staff member is to be familiar with the needs of each child in their care, including but not limited to developmental and behavioral needs and parental preferences
• Added that when a child is expelled from the center for a behavioral reason, the expulsion is to be submitted in OCLQS

5101:2-12-20 "Sleeping and napping requirements for a licensed child care center" has been amended with the following changes:

• Corrected the staff/child ratio rule reference to rule 5101:2-12-18 of the Administrative Code
• Clarified that the JFS 01235 "Sleep Position Waiver Statement for Child Care" is valid for one year
• Removed the requirement that cots or mats are to be individually assigned, cleaned, and sanitized, as this requirement is addressed in appendix A to rule 5101:2-12-13 "Schedule for Cleaning and Sanitizing Items"

5101:2-12-21 "Evening and overnight care for a licensed child care center" has been amended with the following changes:

• Removed the requirement that child care staff members are to supervise sleeping children, as supervision is addressed in rule 5101:2-12-19 of the Administrative Code
• Removed the requirement that the center is to ensure that anyone on the premises during evening and overnight care hours is to be limited to persons authorized by the administrator or owner and parents and guardians of children in care, as this requirement is addressed in paragraph (B) of this rule
• Removed the requirement that each child in care during evening and overnight hours is to be provided with an individual crib, cot, or mat, as sleeping and napping are addressed in rule 5101:2-12-20 of the Administrative Code
• Removed the requirements that children are to be supervised at all times during the limited access hours and that the center’s written security plan is to ensure the supervision of the children, as supervision is addressed in rule 5101:2-12-19 of the Administrative Code
• Removed the requirement that centers are to have activities before bedtime which allow for children’s individual choices and needs, as programming and materials are addressed in rule 5101:2-12-17 of the Administrative Code
• Removed requirement for changing bed linens weekly, when soiled, and when assigned to a different child, as this requirement is addressed in appendix A to rule 5101:2-12-13 "Schedule for Cleaning and Sanitizing Items"
• Clarified that if the child has a bedtime routine occurring at the program, the center is to ensure that each child has a clean, individual washcloth, towel, and toothbrush, as appropriate for the age of the child, and labeled with the child's name

5101:2-12-23 "Infant care and diaper care for a licensed child care center" has been amended with the following changes:

• Clarified that each non-crawling infant is to be provided the opportunity for tummy time outside of their crib each day
• Removed the requirement to store, prepare and serve food, formula, and breast milk in a safe and clean manner, as this is addressed in paragraph (B) of this rule
• Removed the separation material requirement for infant diaper changing in a crib, as this is addressed in paragraph (C) of this rule
• Added that if the center uses gloves while diapering, they are to use non-latex gloves

5101:2-12-24 "Swimming and water safety requirements for a licensed child care center" has been amended with the following changes:

• Clarified that the center is to have written permission from the parent when water is directly accessible to children
• Clarified that the center is to have written permission from the parent before the child participates in activities in or on water eighteen inches or more in depth

Forms:

The most recent version of all ODJFS forms referenced in these rules can be accessed through Forms Central.

Please contact the Child Care Policy Helpdesk at childcarepolicy@jfs.ohio.gov or 1-877-302-2347, option 4, if you have any questions.