Background:

In response to the COVID-19 pandemic, the Ohio Department of Job and Family Services (ODJFS) is working to ensure that children continue to be safe in child care settings and that the rules are updated to reflect new guidance from the Ohio Department of Health and Centers for Disease Control and Prevention.

New Policy:

ODJFS is emergency filing the transitional child care rules to include updated COVID-19 symptoms and precautionary recommendations by the Ohio Department of Health and the Center for Disease Control. Publicly funded child care rules are being amended to update the number of absent and pandemic days.

The following rules are effective December 11, 2020.

Rule 5101:2-12-02.2 "Transitional Pandemic Requirements for a Licensed Child Care Center" is being emergency filed to further 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. The child care center shall: 

• Ensure that the administrator, child care staff members, and employees are washing their hands at the following additional times:

o   After caring for someone who is sick

o   After eating, serving, or preparing food or bottles or feeding a child

o   After blowing their nose, coughing or sneezing

o   Before and after touching their face or handling their mask 

• Ensure that all children in care are washing their hands at the following additional times:

o   After eating or assisting with food preparation

o   After blowing their nose, coughing or sneezing

o   After touching their face or handling their mask 

• Clarified that a child care provider should report all COVID-positive tests among administrators, staff, and enrolled children to their local public health department, but because of rapid community spread, all COVID-positive individuals should quarantine according to Ohio Department of Health and CDC guidelines if not contacted by their local health department.

Appendix A

• Amended the list of COVID-19 symptoms for daily screening:

o   Removed fever from the list, as a temperature of one hundred degrees Fahrenheit or higher is already listed

o   Clarified description of cough as a new uncontrolled cough (for children with chronic allergic/asthmatic cough, a change in their cough from baseline)o   Clarified headache as new onset of a severe headache

o   Clarified loss of taste or smell as new loss of taste or smell

o   Add the following symptoms: 

• Trouble breathing
• Persistent pain or pressure in the chest
• New confusion
• Inability to wake or stay awake
• Bluish lips or face

Rule 5101:2-12-02.3 "Temporary Pandemic School-Age Child Care Centers” is being amended: 

• Clarified the language defining a temporary pandemic school-age child care center license as a short-term license that a child may participate in during remote learning, and when school is not in session, for example, winter break.
• Updated language for subject number agreement, changing child who is receiving special needs care to children who are receiving special needs care.

Rule 5101:2-13-02.2 "Transitional Pandemic Requirements for a Licensed Family Child Care Provider" is being emergency filed to further 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. The family child care provider shall: 

• Ensure that the provider, child care staff members, and employees are washing their hands at the following additional times:

o   After caring for someone who is sick

o   After eating, serving, or preparing food or bottles or feeding a child

o   After blowing their nose, coughing or sneezing

o   Before and after touching their face or handling their mask 

• Ensure that all children in care are washing their hands at the following additional times:

o   After eating or assisting with food preparation

o   After blowing their nose, coughing or sneezing

o   After touching their face or handling their mask 

• Clarified that a child care provider should report all COVID-positive tests among administrators, staff, and enrolled children to their local public health department, but because of rapid community spread, all COVID-positive individuals should quarantine according to Ohio Department of Health and CDC guidelines if not contacted by their local health department.

Appendix A

• Amended the list of COVID-19 symptoms for daily screening:

o   Removed fever from the list, as a temperature of one hundred degrees Fahrenheit or higher is already listed

o   Clarified description of cough as a new uncontrolled cough (for children with chronic allergic/asthmatic cough, a change in their cough from baseline)

o   Clarified headache as new onset of a severe headache

o   Clarified loss of taste or smell as new loss of taste or smell

o   Add the following symptoms: 

• Trouble breathing
• Persistent pain or pressure in the chest
• New confusion
• Inability to wake or stay awake
• Bluish lips or face

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

• Ensure that the in-home aide is washing their hands at the following additional times:

o   After caring for someone who is sick

o   After eating, serving, or preparing food or bottles or feeding a child

o   After blowing their nose, coughing or sneezing

o   Before and after touching their face or handling their mask 

• Ensure that all children in care are washing their hands at the following additional times:

o   After eating or assisting with food preparation

o   After blowing their nose, coughing or sneezing

o   After touching their face or handling their mask 

• Clarified that a child care provider should report all COVID-positive tests among administrators, staff, and enrolled children to their local public health department, but because of rapid community spread, all COVID-positive individuals should quarantine according to Ohio Department of Health and CDC guidelines if not contacted by their local health department.

Appendix A

• Amended the list of COVID-19 symptoms for daily screening:

o   Removed fever from the list, as a temperature of one hundred degrees Fahrenheit or higher is already listed

o   Clarified description of cough as a new uncontrolled cough (for children with chronic allergic/asthmatic cough, a change in their cough from baseline)

o   Clarified headache as new onset of a severe headache

o   Clarified loss of taste or smell as new loss of taste or smell

o   Add the following symptoms: 

• Trouble breathing
• Persistent pain or pressure in the chest
• New confusion
• Inability to wake or stay awake
• Bluish lips or face

Rule 5101:2-16-10 "Payment Rates and Procedures for Providers of Publicly Funded Child Care Services” is being amended to: 

• Clarify payments for publicly funded child care include time a school-age child is participating in remote learning at a child care center, but not if the parent has the option for in-person learning, including a hybrid school model, and instead opted for only remote learning.
• Allow thirty-five pandemic days per fiscal year if the program is advised to close by the local or state health department in response to the COVID-19 pandemic.

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 about the new policy.