Background:

Effective March 26, 2020, all child care programs were closed.  Only those programs issued a temporary pandemic child care license were permitted to operate.

New Policy:

As of 11:59 PM on May 30, 2020 all temporary pandemic child care programs must close as Ohio is transitioning to reopen child care programs. 

The following rules were emergency filed with an effective date of May 31, 2020.

Rule 5101:2-12-02.2 "Transitional Pandemic Requirements for a Licensed Child Care Center" is being emergency filed to define transitional pandemic requirements for a licensed child care center.  Licensed child care centers shall follow all of the licensing requirements of the chapter in addition to the following exceptions and additions detailed in the new rule:

• Follow all guidelines set by the Governor of Ohio or the director of the Ohio Department of Health.
• Ratio has been updated:

• Clarification of handwashing requirements, including allowing portable sinks to be used for handwashing.
• The center shall ensure that all administrators, employees, child care staff members and children take their temperature prior to or as soon as they arrive each day.  The program will send home anyone with a temperature of 100 degrees or higher, and the individual cannot return until he or she has been fever-free without medication for at least 24 hours.  If the person has had known contact with someone confirmed or probable to have COVID-19, prior to returning to the center he or she must complete isolation or quarantine procedures.
• The center shall notify ODJFS in writing and the local health department if anyone tests
• positive for COVID-19.  The individual shall also complete isolation or quarantine procedures prior to returning to the program
• There are new requirements if the center needs to divide a room into smaller spaces to serve multiple groups of children.

Rule 5101:2-13-02.2 "Transitional Pandemic Requirements for a Licensed Family Child Care Provider" is being emergency filed to define transitional pandemic requirements for a licensed family child care provider.  Licensed family child care providers shall follow all of the licensing requirements of the chapter in addition to the following exceptions and additions detailed in the new rule:

• Follow all guidelines set by the Governor of Ohio or the director of the Ohio Department of Health.  
• Group size for Type A homes is 1:6 (no more than 3 under 2 years of age).  Capacity is up to 12 children, as listed on the Type A Home provider's license.  Type A home providers may serve multiple groups of children if the groups are cared for in separate rooms, including during meals and naps.
• Group size for Type B Home providers remains at 1:6 with no more than 3 under 2 years of age. Capacity is up to 6 children, as listed on the Type B Home provider's license.
• Clarification of handwashing requirements, including that a portable sink may be used for handwashing.
• The family child care provider shall ensure that all employees, child care staff members and children take their temperature prior to or as soon as they arrive each day.  The provider and residents shall also take their temperatures at the start of the day. The program will have to send home anyone with a temperature of 100 degrees or higher, and the individual cannot return until he or she has been fever-free without medication for at least 24 hours.  If the person has had known contact with someone confirmed or probable to have COVID-19, prior to returning to the program he or she must complete isolation or quarantine procedures.  If the provider or a resident has a fever, care cannot be provided. 
• The FCC provider shall not provide care to sick children pursuant to Appendix B to rule 5101:2-13-16 of the Administrative Code.
• The FCC provider shall notify ODJFS in writing and the local health department if anyone tests positive for COVID-19.  The individual shall also complete isolation or quarantine procedures prior to returning to the program. If the provider or a resident tests positive for COVID-19 care cannot be provided.

Rule 5101:2-14-02.2 "Transitional Pandemic Requirements for In-Home Aide Certification" is being emergency filed to define transitional pandemic requirements for a certified in-home aide.  Certified in-home aides (IHA) shall follow all of the certification requirements of the chapter in addition to the following exceptions and additions detailed in the new rule:

• Follow all guidelines set by the Governor of Ohio or the director of the Ohio Department of Health.
• New handwashing requirements.
• The IHA shall ensure that all children in care and all residents of the home take their temperature prior to or as the IHA arrives each day.  The IHA shall also take his or her own temperature prior to going to the child's home. If anyone has a fever of 100 degrees or higher, the IHA shall not provide care until the individual has been fever free without medication for at least 24 hours.  If the person has had known contact with someone confirmed or probable to have COVID-19 he or she must complete isolation or quarantine procedures before the IHA can provide care.
• The IHA shall notify ODJFS in writing and the local health department if anyone tests positive for COVID-19. The individual shall also complete isolation or quarantine procedures before the IHA can provide care.

Rule 5101:2-16-10 "Payment Rates and Procedures for Providers of Publicly Funded Child Care Services" is being emergency filed to allow pandemic days to be used if the local health department or Ohio Department of Health requires the program to close in response to the COVID-19 pandemic.  Up to twenty-one pandemic days may be used each fiscal year.  The emergency rule also keeps absent days at twenty days every six months.

Rule 5101:2-18-03.1 "Transitional Pandemic Requirements for Approved Child Day Camps" is being emergency filed to define transitional pandemic requirements for an approved child day camp.  Approved day camps shall follow all of the approval requirements of the chapter in addition to the following exceptions and additions detailed in the new rule:

• Follow all guidelines set by the Governor of Ohio or the director of the Ohio Department of Health.
• Ratio has been updated to 1:9 for school-age children with only 1 group of children in each room.
• There are new requirements if the child day camp needs to divide a room into smaller spaces to serve multiple groups of children. 
• New handwashing requirements including the use of portable sinks for handwashing.
• The child day camp shall ensure that all administrators, employees, child day camp staff members and children take their temperature prior to or as soon as they arrive each day.  The program will send home anyone with a temperature of 100 degrees or higher, and the individual cannot return until he or she has been fever-free without medication for at least 24 hours.  If the person has had known contact with someone confirmed or probable to have COVID-19, prior to returning to the program he or she must complete isolation or quarantine procedures.
• The child day camp shall notify ODJFS in writing and the local health department if anyone tests positive for COVID-19.  The individual shall also complete isolation or quarantine procedures prior to returning to the program.

Implementation

Temporary Pandemic Child Care Licenses

Effective May 31, 2020, programs issued a regular child care license, approval or certification shall operate under the normal regulations, with the exceptions noted in these new rules. Those with an agreement to provide publicly funded child care (PFCC) will also return to receiving payment for those services.  Pandemic payments shall be paid through May 30, 2020 for all temporary pandemic programs with a regular child care license, approval or certification.

Temporary pandemic child care centers without a regular child care license or who are not issued a regular child care license before June 9, 2020 must cease providing care on June 9, 2020.   Pandemic payments for these programs shall continue through June 9, 2020.

Publicly Funded Child Care Closure Payments

The final week of closure payments will be for the week of May 24, 2020.

Notification of Reopening

By June 7, 2020, licensed centers, licensed family child care homes, certified IHAs and approved day camps must notify ODJFS and the county agency in OCLQS of their intent to reopen and their anticipated reopening date.  Any program that has not updated OCLQS by June 7, 2020 will put into temporarily closure status by ODJFS.

Compliance

Because child care has been closed, ODJFS and the county agencies will give additional time for compliance for some of the time-specific requirements as applicable.

• Compliance not assessed until November 29, 2020:
• Child medicals on file within 30 days of the child's attendance and updated every thirteen months.
• Staff medicals on file by first day of employment.
• Expired credentials including the Child Development Associate and the school-age endorsement.
• Expired annual fire inspections.
• Expired JFS 01217 "Request for Administration of Medication for Child Care"
• Administrator rules training taken within six months of hire.
• Expired food service licenses
• Expired annual vehicle inspections
• Health training updates

Compliance not assessed until July 1, 2021:

• Professional development.

Submission of Attendance for Payment

Effective May 31, 2020, all providers of publicly funded child care shall use the Ohio Time, Attendance and Payment (TAP) system to record attendance and submit for payment.

Submission of Pandemic Days for Payment

If a child care program is required by the local health department or Ohio Department of Health to close in response to the COVID-19 pandemic, the program will need to send an email to child_care_adjustment@jfs.ohio.gov with “Program COVID-19 Closure” in the subject.  This email should tell ODJFS that the program has been closed by the local health department or the Ohio Department of Health and the intended closure period (if known).  The email must also include the written documentation from the local health department or the Ohio Department of Health requiring the program to close.  ODJFS will then contact the program to provide instructions on how to claim the pandemic days in KinderConnect.

Guidance and Recommendations

ODJFS recommends that child care providers implement the following suggestions from the Center for Disease Control. Additional guidance can be found at https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/guidance-for-childcare.html. 

• Increase sanitization, including communal spaces after each use.
• Wear masks for anyone over the age of 2, including parents at pick-up and drop-off.
• Wear gloves during feedings (including bottles).
• Limit parent access inside the building.
• Limit mixing of classes and keep children of the same employer together.

A best practice training is available for providers at https://jfs.ohio.gov/cdc/index.stm.

Questions:

Please contact the Child Care Policy Helpdesk at 1-877-302-2347, option 4, if you have any questions about the new policy.