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:

5101:2-12-01 "Definitions for licensed child care centers" has been amended with the following changes:

• Added a missing definition of moderate risk non-compliance and clarified definition of serious risk non-compliance
• Embedded the definition of substitute child care staff member within the definition of child care staff member
• Added the definition of corrective action plan

5101:2-12-02 "Application and amendments for a child care center license" has been amended with the following changes:

• Clarified the application process, including pre-licensing training requirement, application fee amount, and requirements for voluntary withdraw of an application
• Clarified center license visibility to parents, issuance of license to an address or space currently licensed by another program, and that the center license is to be continuous unless the owner of the center changes
• Clarified the timelines for requesting amendments for a change in administrator and a change in capacity
• Clarified the requirements if a center wants to permanently move to a different location, including a list of required documents now located in appendix B to this rule, if care ceases at the old location and if the new location is unable to be licensed within ninety days after the request
• Removed the requirement that the center is to submit all required compliance materials prior to licensure at the new location as it is duplicative
• Clarified that if the center providing care in a temporary location is unable to return to the licensed location within one hundred eighty days, the center is to follow the process for a permanent change of location and that there are no extensions for a temporary change of location
• Clarified that the center's Ohio secretary of state entity number, if applicable and private pay rates are among the list of information to be kept current in OCLQS, rather than the provider portal

Appendix A to Rule 5101:2-12-02 Clarified the:

• Application process and added the center's written disaster plan to the list
• Requirement to submit a valid food service operation license, exemption status, and/or food processing establishment registration
• Background check requests in the OPR are to be submitted at the time of application

Appendix B to Rule 5101:2-12-02

• Created a new appendix, for ease of use, which lists the required documents for a change of location

5101:2-12-03 "Compliance inspection and complaint investigation of a licensed child care center" has been amended with the following changes:

• Clarified compliance and complaint inspection requirements
• Clarified that the center may complete and submit a JFS 01155 "Request for Review for Licensing and Step Up To Quality" with any documentation within seven business days from the receipt of an inspection report

Appendix A to Rule 5101:2-12-03

• Clarified the appendix title to reflect moderate and serious risk non-compliances, clarified language of existing non-compliances
• Reduced the number of points given for each non-compliance by combining them into one infraction
• Criteria for 5101:2-12-09 Moderate Risk Non-Compliance (3 Points):
  • Added a non-compliance surrounding staff working at the program with preliminary approval not on file or in the OPR
  • Stated "preliminary approval or JFS 01176" to clarify when staff are not permitted to be left alone with children
• Criteria for 5101:2-12-09 Serious Risk Non-Compliance (6 Points):
  • Added "owner has an ineligible background check"
• Criteria for 5101:2-12-12 Moderate Risk Non-Compliance (3 Points):
  • Removed the carbon monoxide detector non-compliance as this is no longer a requirement
• Criteria for 5101:2-12-14 Serious Risk Non-Compliance (6 Points):
  • Removed "child left unattended on a field trip or in a vehicle" as this non-compliance is addressed in criteria for 5101:2-12-19
  • Clarified the driver under the influence non-compliance to include drugs, alcohol, or other substances which could impair driving
• Criteria for 5101:2-12-19 Serious Risk Non-Compliance (6 Points):
  • Added child completely alone in building (no adults)
  • Removed physical abuse/neglect/endangerment by any employee, child care staff member, owner, or administrator as it is addressed in non-compliance criteria as substantiated by public children's services agency
• Criteria for 5101:2-12-22 Moderate Risk Non-Compliance (3 Points):
  • Added a non-compliance bullet stating "supplemental food not onsite, meals or snacks provided did not meet the requirements of the rule"
• Criteria for 5101:2-12-24 Serious Risk Non-Compliance (6 Points):
  • Clarified "when not in use" to non-compliance that states "Swimming site accessible to child(ren)"
• Criteria for 5101:2-12-25 Moderate Risk Non-Compliance (3 Points):
  • Added JFS 01217 incomplete
  • Clarified "current label or physician's instructions" prescription medication label non-compliance

5101:2-12-04 "Building department inspection, fire inspection and food service requirements for a licensed child care center" has been amended with the following changes:

• Reformatted paragraph (B) to mirror paragraph (A) for ease of use
• Clarified requirements for a certificate of occupancy and fire inspection
• Clarified requirements for food service license and exemption.
• Clarified that meals or snacks may be provided by an off-site food processing establishment registered with the Ohio department of agriculture (ODA), including meals or snacks prepared by a child care center and provided or transported to a different child care center for serving to compliment ODA regulations
• Added that the center is to maintain on file a copy of the food processing establishment's current registration
• Added that if the food processing establishment only provides the food, and it is the responsibility of the center to serve the food, the center is to follow the requirements of the local health department, including securing a food service operation license for the center
• Added food service license or exemption requirements if the center is located in an existing public school, chartered nonpublic school, church or similar location

5101:2-12-05 "Denial, revocation and suspension of a licensed child care center application or license" has been amended with the following changes:

• Moved the definition of owner from paragraph (K) to paragraph (A) of the rule
• Removed the requirement that an application may be denied, or a license revoked if the center has accumulated eighteen or more points from moderate or serious risk non-compliances, as the license can be denied or revoked for non-compliances with any rule
• Added that if the center has been issued a notice of intent to revoke, they are to notify the families of all enrolled children and post the notice of intent in a noticeable location within forty-eight hours of receipt of the notice
• Removed the requirement that if an owner/applicant was previously certified by the county agency and that certification was revoked for a health and safety reason, he or she is to not be licensed until five years have elapsed from the date the certification was revoked, as it is already covered in this rule
• Added that closing a license if the owner has changed is not subject to an administrative hearing

5101:2-12-06 "Procedures for a licensed child care center operating under a provisional license" has been amended with the following changes:

• Clarified the qualified administrator requirement for the center provisional license to be amended to a continuous license at the end of the provisional period

5101:2-12-07 "Administrator responsibilities, requirements and qualifications for a licensed child care center" has been amended with the following changes:

• Updated references to the Ohio Professional Registry (OPR) throughout the rule
• Added that the administrator is to complete the staff orientation training as prescribed by ODJFS within thirty days of being named administrator at the center unless the administrator has documentation of completion of the child care center staff orientation or pre-licensing training
• Added that if there is more than one administrator, at least one is to meet the requirement to be on-site a minimum of one-half of the hours that the child care center is in operation during the week, or forty hours, whichever is less
• Added that the administrator is to cooperate with other government agencies as necessary

Clarified the administrator's on-going OPR and documentation responsibilities, which were moved from rule 5101:2-12-08, into a new paragraph for ease of use.

Appendix A to Rule 5101:2-12-07

• Added alphabetizing to organize the table for ease of use
• Clarified appendix language for education and experience
• Added an Ohio's School-Age Administrator Professional Endorsement as an education qualification with no minimum experience if serving only school-age children (table row F)
• Clarified that for current designation under the career pathways level one, a current designation under the career pathways level two must be achieved within one year (table row I)
• Clarified the education requirement for no minimum education above the high school diploma or GED to include "or achieve and maintain a career pathways level two" (table row L)
• Added a method of converting training years to semester or quarter hours and training courses to semester or quarter hours
• Added that in order to continue to meet administrator qualifications after being named, designated educational qualifications must remain current

Appendix B to Rule 5101:2-12-07

• Revised the format of the appendix for ease of use
• Clarified appendix language for required policies and procedures to match rule
• Clarified that the center is to include policies and procedures about supervision of children, including a separate supervision policy for older school-age children, if applicable.
• Clarified that child guidance is a separate policy from supervision
• Added that the center is to include policies and procedures about suspension and expulsion and compliance with the Americans with Disabilities Act
• Added that the center is to include food and dietary policies and procedures
• Moved the outdoor play policy requirement from general information section to center policies and procedures section

Appendix C to Rule 5101:2-12-07

• Added where the public can find inspection reports, how to receive notification when new inspections are available online
• Added contact information for Health and Human Services or ODJFS Bureau of Civil Rights to file a discrimination complaint

5101:2-12-08 "Employee and child care staff member requirements for a licensed child care center" has been amended with the following changes:

• Clarified that employees and child care staff members are to have a complete medical statement on file on or before their first day of employment
• Moved the requirement from appendix A to the rule that requires employees and child care staff members to have written documentation on file of "current" immunization against tetanus, diphtheria, and pertussis (Tdap), unless exempt.
• Added new policy from House Bill 210 requiring tuberculosis (TB) testing for child care center applicants that have both resided in a country identified as having a high burden of TB and arrived in the United States within five years immediately preceding the date of application for employment
• Removed documentation requirements for child care staff members and employees in a child care center, as they are responsibilities of the child care center administrator and have been moved to rule 5101:2-12-07
• Clarified that child care staff members, including substitute child care staff members, are to complete the child care center staff orientation training
• Clarified acceptable two-year career-technical and college credit programs and that an individual enrolled in a career-technical program receives supervision by the training program
• Removed the requirement that all child care staff members are to meet training requirements of rule 5101:2-12-10, as this is duplicative
• Clarified that the child care staff member may be used in ratio, but is to not be left alone with children until the orientation requirement is completed
• Added that employees and child care staff members are to create or update their individual profile in the OPR and maintain their OPR profile within five calendar days of any change
• Clarified whistle blower protection for employees and child care staff members

Appendix A to Rule 5101:2-12-08

• Added citation of Chapter 4731. of the Revised Code as source for definition of a licensed physician
• Clarified the medical statement needs to include documentation of immunizations against tetanus, diphtheria, and pertussis (Tdap)
• Clarified exemptions to immunizations for religious or medical reasons
• Added the screened for tuberculosis (TB) requirement as outlined in rule 5101:2-12-08 of the Administrative Code

Appendix B to Rule 5101:2-12-08

• Clarified appendix language for the Ohio high school equivalence diploma
• Clarified that verification of a high school education for home schooled or non-chartered non-public school students is to be documented as required by section 3313.6110 of the Revised Code

Appendix C to Rule 5101:2-12-08

• Added a new appendix titled "Center Requirements for Positive Tuberculosis (TB) Test Results" with actions for centers to take when a positive TB test result is received for a prospective administrator, employee or child care staff member for ease of use

5101:2-12-10 "Training and professional development requirements for a licensed child care center" has been amended with the following changes:

• Added that to meet federal requirements, all child care staff members are to be trained in first aid and cardiopulmonary resuscitation (CPR) appropriate for the age and developmental levels of the children in care
• Added that first aid and CPR trainings are to be completed within the first ninety days of hire
• Added that until all required individuals are current in the trainings, at a minimum, the center is to have at least one trained child care staff member on-site (in each building) during all hours of operation who meets these requirements
• Clarified that all child care staff members, are to be current with either the ODJFS child abuse and neglect recognition and prevention training which is valid for two years or child abuse and neglect recognition and prevention training as described in appendix A to this rule, which is valid for three years
• Added that a child care staff member meeting trainer requirements in appendix A to this rule is considered to meet the training requirement for that health training
• Added professional development requirements, including documentation, for a substitute child care staff member who is used more than ninety days in a fiscal year
• Clarified that training cards or certificates issued by the training organization meet health training documentation requirements

Appendix A to Rule 5101:2-12-10

• Clarified course content for first aid, CPR, management of communicable disease, and child abuse and neglect recognition and prevention
• Clarified documentation requirements for first aid and CPR
• Added a list of topics that first aid courses must include
• Added race, equity, and diversity, including how implicit biases may impact reporting to the list of child abuse and neglect recognition and prevention topics
• Clarified requirements and qualifications for health training approved trainers
• Added licensed athletic trainer to the list of approved trainers for first aid

Appendix B to Rule 5101:2-12-10

• Added to the list of approved professional development trainers an individual that currently serves in a professional capacity, for at least two years, that directly relates to the subject of the training and that the individual is to only train within the jurisdiction of his or her job

5101:2-12-14 "Transportation and field trip safety for a licensed child care center" has been amended and filed as new text to meet rule writing requirements for easier reading with the following changes:

• Clarified that supplies and medications may need to be taken on the trip
• Removed the requirement that an adult must be present with the vehicle any time children are in the vehicle and at no time are children to be left unattended, as this is duplicative of rule 5101:2-12-19
• Removed the statement that while children are being transported directly between the center and their homes or schools all other requirements of Chapter 51012-12 of the Administrative Code still apply, as it is duplicative
• Removed the requirement that the employee or child care staff member driver is to never leave children alone in a vehicle, as it is addressed in 5101:2-12-19 of the Administrative Code
• Removed that drivers are to meet the requirements of an employee or child care staff member, as it is already stated in paragraph (C)
• Clarified that all passengers, which includes the driver, adhere to the state of Ohio's child restraint law when transporting children in care
• Removed the requirement that the center keep on file and update annually the JFS 01266 for drivers who are not used in the staff/child ratios and who are not employees of the center, as the requirements outlined in paragraph (C) do not apply to public transportation drivers or companies contracted by the program and who are not employees or child care staff members
• Consolidated requirements for weekly and annual vehicle inspections and clarified who may perform the inspections and how inspections are to be documented
• Removed the requirement that the center is to require providers of transportation services to maintain documentation of inspections and repairs, as rule requirement to maintain documentation of inspections and repairs does not apply to contracted drivers

Appendix A to Rule 5101:2-12-14

• Removed appendix language to reflect that the center is to secure written permission from the parent for all field trip types, as the last paragraph is duplicative

Appendix B to Rule 5101:2-12-14

• Removed child care center vehicle requirements that expired January 1, 2017
• Removed contracted vehicles from list requiring vehicles to have factory installed passenger restraints suitable for transporting children of any age, as this rule requirement does not apply to contracted drivers
• Removed inspection and safety check language from appendix B, as it is addressed in rule
• Clarified that the driver is considered to be a passenger of any vehicle approved for use in this appendix

5101:2-12-15 "Child record requirements for a licensed child care center" has been amended with the following changes:

• Clarified the requirement for medical statement dates and expiration dates
• Clarified the conditions or diagnosis that requires the use of the JFS 01236 to add ongoing administration of medication or medical foods and added a definition of medical food
• Reorganized the list of training requirements for child care staff members for each child's JFS 01236 and clarified that a JFS 01236 trained child care staff member presence includes being on-site at field trips
• Added that each child medical statement, JFS 01217, JFS 01234 and JFS 01236 as well as all written permission from parents or physicians are to be kept on file for twelve months from the date the form is signed or updated, whichever is later, even if the child no longer attends the program or the form is no longer required for the child

5101:2-12-22 "Meal preparation/nutritional requirements for a licensed child care center" has been amended with the following changes:

• Clarified the requirements for fruit and vegetable juice if served to meet fruit and vegetable requirements or as a beverage alternative
• Added the requirement to ensure that supplemental food is onsite at the center and that no child goes more than four hours without a snack or meal, except when the child is sleeping
• Moved requirements for serving fluid milk in the center from rule to the new appendix C to this rule
• Removed the paragraph containing requirements for meals and snacks when parents provide the food, as requirements for supplemental food and ensuring that no child goes more than four hours without a snack are now addressed in paragraph (A)(6)
• Removed the paragraph requiring provision of written nutritional information, as this is addressed in appendix B to rule 5101:2-12-07

Appendix A to Rule 5101:2-12-22

• Revised the food content list to add "fluid" milk
• Clarified fruit and vegetable servings requirement for meals. A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or dinner, two different kinds of vegetables are to be served

Appendix B to Rule 5101:2-12-22

• Added optional meat or meat alternative to the breakfast section of portion sizes for meals chart in accordance with the United States department of agriculture (UDSA)

Appendix C to Rule 5101:2-12-22

• Consolidated fluid milk requirements found throughout the current rule and appendices into its own appendix for ease of use

5101:2-12-25 "Medication administration for a licensed child care center" has been amended with the following changes:

• Changed title of rule to "Medication administration for a licensed child care center"
• Combined requirements for when a JFS 01217 "Request for Administration of Medication for Child Care" is needed into one place in rule for ease of use
• Clarified the requirements for administering and storing prescription and non-prescription medications, medical foods, topical products, and lotions
• Removed references to food supplements
• Clarified that the documentation requirement for each administration of medication includes when school-age children administer their own medication
• Moved the requirement that the JFS 01217 is valid for the time period listed on the form into paragraph (E)(5) for clarification
• Clarified requirements for the administration of medications on the JFS 01236 "Child Medical/Physical Care Plan for Child Care"

Revised forms:

JFS 01217 "Request for Administration of Medication For Child Care" was revised to clarify when it needs to be completed, allow more space for writing in each field, and to revise signature boxes.

JFS 01230 "Vehicle Inspection Report For Child Care Centers" was revised to update rule language, add FMCSA Certified Safety Inspectors, remove "other" box from the inspector type section, and add contact information field for the inspector completing the form.

JFS 01234 "Child Enrollment and Health Information For Child Care" was revised to improve formatting, add a checkbox for use if information is the same as the child's, and create more space for answering additional information questions.

JFS 01236 "Child Medical/Physical Care Plan For Child Care" was revised to allow more space for writing in each field, to separate all the questions on the form into their own fields, and to provide a space for parent and certified personal trainer signatures.

JFS 01240 "Food Service License Exemption Report For Child Care Centers" was revised to clarify exemption options for the child care center that prepares and/or serves no food on-site, prepares and/or serves food to thirteen or fewer individuals daily, or a food processing establishment registered with the Ohio department of agriculture provides and serves the food, with a copy of the current registration on file at the center.

JFS 01250 "Plan of Operation For Child Care" was revised to add a checkbox in the outdoor play space section for programs operating less than four consecutive daylight hours and will not be providing outdoor play and to clarify information required for vehicles to be used by the program, if applicable.

JFS 01276 "Health Training Documentation For Child Care" was revised to clarify language and improve formatting, require training-exempt individuals to show proof of certification that verifies trainer requirements have been met, clarify documentation of trainer requirements, update contact information fields for the trainer, and to add rule 5101:2-18-08 to the form.

JFS 01305 "Child Medical Statement For Child Care" was reformatted to clarify the examination and immunization sections. Additions to the form include an allergy field, a check box to indicate that additional information accompanies the form (for special health care and developmental considerations); the list of required immunizations from Section 5104.014 of the Ohio Revised Code; and the recommended date format for immunization doses.

Implementation:

The requirements that all administrators and child care staff members complete first aid and CPR trainings will not be assessed during a six-month period to allow centers adequate time for implementation. ODJFS will begin assessing compliance for this requirement on May 1, 2022.

The most recent version of all ODJFS forms referenced in this MTL can be accessed through Forms Central. Revised forms are to be utilized beginning on October 29, 2021. The following JFS forms that are completed and on file at the program do not need to be converted to the new forms until they expire or require an update, whichever comes first. This includes: JFS 01217, JFS 01234, JFS 01236, and JFS 01305. Previously dated versions of the JFS 01276 will not be accepted for training completed on or after after May 1, 2022.

Questions:

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