Background:

The Office of Family Assistance has completed a five-year review of family child care licensing rules. The licensing rules below have been reviewed to ensure that the Ohio Department of Job and Family Services (ODJFS) is only mandating essential health and safety requirements and not including requirements that could inhibit small business in Ohio. Rules were revised in compliance with Section 121.95 of the Ohio Revised Code requiring the department to remove at least two regulatory restrictions for each new regulatory restriction added in the rules. Additionally, rules were revised to remove duplicate requirements, correct typographical errors, remove revision dates from form citations, and provide clarifications for family child care providers.

These rules are effective October 29, 2021.

Amended Rules:

5101:2-13-11 "Indoor and outdoor space requirements for a licensed family child care provider" has been amended with the following changes: 

• Clarified language about outdoor space and give examples of a natural barrier
• Removed requirement about the accessibility of wading pools in paragraph (B) as it is already a requirement in rule 5101:2-13-24
• Clarified language about sandboxes

5101:2-13-12 "Safe equipment and environment for a licensed family child care provider" has been amended with the following change: 

• Removed requirement that alcohol shall be out of sight of children

5101:2-13-13 "Sanitary equipment and environment for a licensed family child care provider" has been amended with the following changes: 

• Clarified items that need to be provided in all bathrooms
• Removed requirement that equipment shall be kept clean and in good repair as this is already a requirement in rule 5101:2-13-12
• Clarified that accumulated trash and garbage are not to be stored in an area approved for child care
• Removed duplicate cleaning instructions for dishes
• Clarified handwashing sink requirements
• Added that commercially manufactured non-permanent sinks may be used for handwashing if fresh and waste water are inaccessible to children and disposed of in a sanitary manner
• Clarified toothbrush requirements

Appendix A to Rule 5101:2-13-13 

• Clarified cleaning and sanitizing schedule for blankets, sheets, cots, pads, mats, and rinse buckets
• Added new cleaning schedule for reusable cloths

Appendix B to Rule 5101:2-13-13 

• Removed requirement that handwashing shall occur in a sink that is not used for meal preparation or clean-up and is away from the food serving area so that there is no interruption of supervision of children
• Revised the requirement for child care staff members and employees to wash hands upon arrival for the day and prior to departure, to incorporate handwashing procedures enacted during the COVID-19 pandemic
• Revised the requirement for children to wash hands prior to departure to incorporate handwashing procedures enacted during the COVID-19 pandemic

5101:2-13-16 "Emergency and health-related plans for a licensed family child care provider" has been amended with the following changes: 

• Clarified the requirement to post a weather alert plan that includes the details listed in paragraph (H) of this rule and that emergency/lockdown drills are to be conducted in each quarter of the calendar year
• Removed requirement that first aid supplies shall be replaced as they are used, expired, damaged or if sterile packages are opened because this is covered in appendix A to this rule
• Clarified language about the disposal of sharps items such as lancets for finger sticks or syringes in a sharps container
• Removed requirement that the provider shall decide if he or she will care for sick children as defined in appendix B to this rule as this is covered in paragraph (D)(1) of this rule
• Removed requirement that the provider shall inform parents of his or her decision to care for sick children as defined in appendix B to this rule as this is covered in appendix C to rule 5101:2-13-07
• Clarified requirements for the JFS 08087 "Communicable Disease Chart" to clarify size of chart and that it should be used to help identify and respond to communicable diseases
• Added that the provider is to report the communicable disease to ODJFS by the end of the next business day, if the communicable disease is required to be reported to the local health department in accordance with paragraph (G) of this rule
• Clarified that the provider is to complete the JFS 01299 if a child becomes ill or receives an injury which requires first aid treatment
• Clarified the definition of a serious incident
• Added that if a child is transported by anyone other than a parent for emergency treatment, the child's health and medical records are to accompany the child
• Removed the requirement of JFS 01156 "Serious Incident Reporting for Child Care," as serious incidents are required to be reported in the Ohio Child Licensing and Quality System (OCLQS) by the next business day
• Clarified training and other requirements for written disaster plans

Appendix A to Rule 5101:2-13-16 

• Clarified that the first-aid kit is to contain unexpired items (where applicable)
• Removed the word “hypoallergenic” from the requirement for first-aid tape to provide more options

Appendix B to Rule 5101:2-13-16 

• Clarified isolation, notification, and discharge procedures for sick children
• Removed requirement that the provider shall launder bedding and wash toys used by the sick child before use by another child as this is covered in appendix A to rule 5101:2-13-13

5101:2-13-17 "Programming and materials for a licensed family child care provider" has been amended with the following changes:

• Clarified that equipment, materials, and furnishings provided for both indoor and outdoor play are sufficient in quantity so that each child can be actively involved in an activity

5101:2-13-18 "Group size and ratios for a licensed family child care provider" has been amended with the following changes: 

• Clarified circumstances when children count in group size
• Clarified that Ohio's automated child care system cannot be used to meet written documentation requirement of the child’s arrival and departure times
• Clarified that for attendance records the original written documentation shall be kept for a period of one year

5101:2-13-19 "Supervision of children and child guidance for a licensed family child care provider" has been amended with the following changes: 

• Added that the provider is to be familiar with the developmental and behavioral needs and parental preferences of each child in their care
• Removed word "approved" in reference to outdoor play space that school-age children can use
• Added that when a child is expelled from the family child care home for a behavioral reason, the expulsion is to be reported in OCLQS in accordance with paragraph (G) of rule 5101:2-13-16 of the Administrative Code

5101:2-13-20 "Sleeping and napping requirements for a licensed family child care provider" has been amended with the following changes: 

• Removed requirement that each couch and bed used shall have clean bed linens changed at least weekly, and more often if necessary, as this is covered in appendix A to rule 5101:2-13-13
• Removed requirement that bed linens shall be laundered before another child uses them as this is covered in appendix A to rule 5101:2-13-13
• Removed references to revision date from the JFS 01235 "Sleep Position Waiver Statement for Child Care" and clarify that it is valid for one year

5101:2-13-21 "Evening and overnight care for a licensed family child care provider" has been amended with the following changes: 

• Removed requirement that each child in care during evening and overnight hours shall be provided with an individual crib, playpen, cot, mattress, couch, or bed as this is addressed in rule 5101:2-13-20
• Clarified that bedtime routines are to be developed and followed
• Removed requirement that the provider shall have activities before bedtime as this is covered in paragraph (B)(6) of this rule
• Removed requirement that bed linens shall be changed at least weekly, when soiled and when assigned to a different child as this is covered in appendix A to rule 5101:2-13-13
• Clarified procedures if children have bedtime routines occurring at the program

5101:2-13-23 "Infant care and diaper care for a licensed family child care provider" has been amended with the following changes: 

• Clarified that each non-crawling infant is provided the opportunity for tummy time, outside of their crib or playpen, each day
• Removed requirement that providers shall store, prepare and serve food, formula and breast milk in a safe and clean manner as this is covered in rule 5101:2-13-22
• Removed requirement that if an infant's diapers are to be changed in a crib, there shall be a separation material between the infant and the crib sheet and if the bedding becomes wet or soiled during the diaper change, it shall be replaced with clean bedding as this is covered in appendix A to rule 5101:2-13-13
• Added that if the provider uses gloves while diapering, the provider is to use non-latex gloves

5101:2-13-24 "Swimming and water safety requirements for a licensed family child care provider" has been amended with the following changes: 

• Clarified when the provider is to have written permission from the parent for water activities

5101:2-13-26 "County agency responsibilities for licensed family child care providers" has been amended with the following changes: 

• Moved requirement that the county agency is not to have additional requirements for licensing family child care providers from paragraph (C) to paragraph (A)
• Added that the county agency is to follow ODJFS policies and procedures for all responsibilities as assigned
• Clarified that the county agency is to enter complaint inspections within seven business days of inspection or the completion of a public children services agency (PCSA) investigation, if applicable in the Ohio child licensing and quality system (OCLQS)
• Added that the county is to keep valid copies of the JFS 01176 "Program Notification of Background Check Review for Child Care" on file if not in the OPR for all individuals associated with the FCC home
• Removed requirement in paragraph (C) that any additional requirements approved prior to the effective date of this rule shall no longer be permitted

JFS Forms Update:

The most recent version of all ODJFS forms referenced in these rules can be accessed through Forms Central.

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.