Background: Amended Substitute House
Bill 65 of the 133rd Ohio General Assembly enacted section 5104.043 of the
Revised Code (ORC) regarding parental notice of serious risks to the health and
safety of children receiving child care. The Ohio Department of Job and Family
Services (ODJFS) initially amended rules 5101:2-12-03 and 5101:2-13-03 of the
Ohio Administrative Code (OAC) to implement provisions of the bill on November
15, 2020. The new requirements were inadvertently omitted from the five-year
review of rules 5101:2-12-03 and 5101:2-13-03 OAC when updated October 29,
2021.
The provisions of section 5104.043 ORC are still a requirement
for child care centers and family child care providers. The rules were revised
to include the requirement.
Rules 5101:2-12-03 and 5101:2-13-03 are
effective May 15, 2022.
Existing ORC Requirements for Child Care Centers:
If ODJFS determines a serious risk non-compliance (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 non-compliance
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.
Appendix A to rule 5101:2-12-03 has been revised to correct
spelling and grammatical errors. Clarifications were made to the following
moderate risk non-compliances:
|
Criteria for 5101:2‑12‑04 Moderate
Risk Non-Compliance (3 Points):
|
Fire Inspection – Unable to complete inspection with no
violations or update not requested at least 30 days prior to expiration.
|
|
Criteria for 5101:2‑12‑09 Moderate Risk
Non-Compliance (3 Points):
| Administrator, employee or child care staff member
engaged in assigned duties or near children and preliminary approval not on
file or in the Ohio professional registry (OPR). Child care staff member left alone with a child(ren)
and JFS 01176 is not on file or in the OPR. |
|
Criteria for 5101:2‑12‑25:
|
Changed the title of the rule to “Medication
administration for a licensed child care center”
|
Existing ORC Requirements for Family Child
Care Providers:
If ODJFS or the county agency determines a serious risk non-compliance
(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 non-compliance 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.
Appendix A to rule 5101:2-13-03 has been revised to correct
spelling and grammatical errors. Clarifications were made to the following
moderate risk non-compliances:
|
Criteria for 5101:2‑13‑09 Moderate
Risk Non-Compliance (3 Points):
| Employee or child care staff member engaged in assigned
duties or near children and preliminary approval is not on file or in the
Ohio professional registry (OPR). Child care staff member left alone with child(ren) and
JFS 01176 is not on file or in the OPR. |
|
Criteria for 5101:2‑13‑25:
|
Changed the title of the rule to “Medication
administration for a licensed family child care provider”
|
Please contact the Child Care Policy Helpdesk at childcarepolicy@jfs.ohio.gov or
1-877-302-2347, option 4, if you have any questions.