Appendix A - Serious Risk Non-Compliances and
Point Values for Child Care Centers
(A)What
inspections are required for child care centers?
(1)At least one
inspection prior to the initial issuance of a provisional license.
(2)At least two
inspections during the provisional period.
(3)At least one
inspection each state fiscal year after the issuance of the continuous license.
(4)Any complaint
investigations involving the center.
(B)Will
inspections be announced or unannounced?
At least one inspection shall be unannounced and all inspections
may be unannounced.
(C)What is
required of a licensed center for an inspection and/or complaint investigation?
The licensed child care center shall allow the Ohio department
of job and family services (ODJFS) to:
(1)Complete an
inspection of all areas where child care is provided, children have access to
and all areas used to verify compliance with Chapter 5101:2-12 of the
Administrative Code and Chapter 5104. of the Revised Code.
(2)Review required
records and documentation.
(3)Interview or
take statements from any of the following:
(a)Building
inspectors, fire department inspectors, sanitarians, public health or other
state or local officials.
(b)Neighbors.
(c)Parents and
relatives of children in care.
(d)Staff of the
public children services agency (PCSA).
(e)Anyone
mentioned by the complainant.
(f)Law
enforcement personnel.
(g)Current and
past center employees.
(h)Other
witnesses.
(4)Document
findings in writing or in photographs or by any other means.
(D)What are
additional requirements for a licensed center as a result of an inspection
and/or complaint investigation?
The center is to shall:
(1)Provide written
materials to ODJFS addressing noncompliances detailed in the inspection report
within the time frame requested in the inspection report.
(2)Not
misrepresent, falsify or withhold information from ODJFS.
(3)Pursuant to section 5104.043 of the
Revised Code, provide a written or electronic notice of the serious risk
noncompliance (SRNC) to all parents of enrolled children within fifteen
business days of receipt of the noncompliance, if ODJFS determines that an act
or omission of a child care center constitutes a SRNC pursuant to appendix A to
this rule.
(a)The notice is to include a statement
informing each parent of the web site maintained by ODJFS and the location of
further information regarding the determination.
(b)If the center requests a review of the
finding pursuant to paragraph (F) of this rule, and the finding is upheld, the
notice to parents is to be sent within five business days of receipt of the
decision by ODJFS.
(c)The center will need to provide a copy
of the written notice to ODJFS.
(d)The requirements of this section do not
apply if ODJFS suspends the license of the child care center.
(E)Will a licensed
center have additional inspections based on noncompliances found?
Noncompliances, as detailed in appendix A to this rule, may lead
to additional inspections or compliance materials required by ODJFS.
(F)What if the
center does not agree with the licensing findings?
The center shall:
(1)Complete and
submit a JFS 01155 "Request for Review for Licensing and Step Up To Quality"
(12/2016) with any applicable documentation.
(2)The request and
documentation shall be submitted within seven business days from the receipt of
the inspection report.
(G) Are licensing
inspection records available to the public?
(1)Inspections may
be viewed at http://childcaresearch.ohio.gov/.
(2)An individual
may submit a written request to ODJFS for a copy of the center's licensing
record.
Effective: 11/15/2020
Five Year Review (FYR)
Dates: 12/31/2021
Certification: CERTIFIED
ELECTRONICALLY
Date: 11/05/2020
Promulgated Under:
119.03
Statutory Authority:
5104.015, 5104.043
Rule Amplifies: 5104.04,
5104.015, 5104.043
Prior Effective Dates:
03/01/1981, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005,
09/01/2007, 05/01/2008, 09/29/2011, 12/31/2016, 10/29/2017