Background:

Current licensing rules prohibit all weapons in child care centers and require family child care providers to keep weapons locked and out of sight of all children. Both centers and family child care providers are required by section 2923.1212 of the Ohio Revised Code (ORC) to display a sign that states "Unless otherwise authorized by law, pursuant to the Ohio Revised Code, no person shall knowingly possess, have under the person's control, convey, or attempt to convey a deadly weapon or dangerous ordnance onto these premises."

New Policy Requirements:

Effective March 21, 2017, Amended Substitute Senate Bill No. 199 of the 131st General Assembly amended section 2923.126 ORC to no longer include licensed child care programs in the list of the places concealed handguns are prohibited. This includes centers and family child care programs. The bill does allow child care program owners to choose to prohibit all weapons, including concealed handguns. The bill did not change the requirement for all programs to display the sign pursuant to section 2923.1212.

Child Care Centers:

Each of the following groups will be permitted to have the following weapons in a child care center, unless specifically not permitted by the child care center owner. Although permitted to be in the program, the weapons must not be accessible to children.

1.Handguns may be carried by an individual with a valid concealed handgun license and must be kept out of sight of the children.

2.Weapons may be carried by an active duty member of the U.S. armed forces if also carrying valid military identification and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 ORC.

3.Weapons may be carried by a law enforcement official who can document that his or her jurisdiction requires ready and immediate access to the weapon.

Family Child Care Providers:

Each of the following groups will be permitted to have the following weapons unsecured in a family child care home, unless specifically not permitted by the family child care program owner. Although permitted to be in the home, the weapons must not be accessible to children.

1.Handguns may be carried by an individual with a valid concealed handgun license and must be kept out of sight of the children.

2.Weapons may be carried by an active duty member of the U.S. armed forces if also carrying valid military identification and documentation of successful completion of firearms training that meets or exceeds the training requirements described in division (G)(1) of section 2923.125 ORC.

3.Weapons may be carried by a law enforcement official who can document that his or her jurisdiction requires ready and immediate access to the weapon.

Rules 5101:2-12-12 (B)(1) and 5101:2-13-12 (B)(1) will be amended to reflect these changes. Until then, compliance with the rules will be assessed according to this letter.

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