Background:

The Office of Family Assistance has completed a five-year review of family child care (FCC) 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. Additionally, rules were revised to meet federal requirements, remove duplicate requirements, clarify rule requirements, correct typographical errors in paragraph references, remove revision dates from form citations, update references to OCLQS and the Ohio Revised Code, and provide clarifications for family child care providers.

These rules are effective October 29, 2021.

Amended Rules:

5101:2-13-01 "Definitions for licensed family child care" has been amended with the following changes: 

• Clarified definition of child care staff member to include that a substitute child care staff member may replace a child care staff member on a temporary basis
• Clarified definitions of moderate risk non-compliance and serious risk non-compliance
• Added definition of corrective action plan and resident

5101:2-13-02 "Application and amendments for a family child care provider license" has been amended with the following changes: 

• Clarified the application process, including pre-licensing training requirements, application fee amount and requirements for voluntary withdraw of an application
• Clarified FCC license visibility to parents, issuance of license to an address that is currently licensed, and that the license is to be continuous unless the corporation or partnership no longer exists
• Clarified that if the owner of the type A home program is a corporation, the agent(s) of the corporation includes the provider
• Clarified requirements and procedures for permanent and temporary change of location amendments
• Removed requirement that the provider shall submit all required compliance materials prior to licensure at the new location as it is duplicative
• Clarified that the provider is to keep the name of the program, the Ohio secretary of state entity number, and private pay rates updated in OCLQS, if applicable
• Clarified procedures if the owner of the Type A home changes
• Clarified the procedures and timelines for county agencies to review documents submitted as part of the application and conduct the prelicensing visit
• Clarified that the deadline for approval or denial of a change of location or temporary closure status

Appendix A to Rule 5101:2-13-02: 

• Added written disaster plan to list of documents required to be submitted with the application
• Removed the JFS 00598 form as it is to be completed/submitted in OCLQS
• Removed requirement to submit documentation of completed health and safety trainings and medical statement at the time of the first prelicensing visit as it is duplicative of 5101:2-13-07

Appendix B to Rule 5101:2-13-02 

• Clarified the medical statement needs to include documentation of immunizations against tetanus, diphtheria, and pertussis (Tdap)
• Clarified exemptions to immunizations for religious or medical reasons

Appendix C to Rule 5101:2-13-02 

• Created a new appendix listing the documents needed for a permanent change of location

5101:2-13-03 "Compliance inspection and complaint investigation of a licensed family child care provider" has been amended with the following changes: 

• Clarified complaint and compliance inspection requirements
• Added that if children are enrolled, the inspection is to only be completed if at least one child for whom the provider is receiving compensation is present and if no children are enrolled, the inspection will still be completed, with an additional inspection when at least one child for whom the provider is receiving compensation is present
• Removed requirement for county agencies to complete JFS 01926, JFS 01526, JFS 01306, and JFS 01215 as this is all automated in OCLQS
• Clarified timelines for county agencies to provide copies of inspections reports
• Added clarification for county agencies when completing complaint investigations
• Clarified that if the county agency receives a report that an unlicensed home may be caring for too many children, the county agency is to refer the report to ODJFS for investigation, as the county agencies no longer conduct these investigations

Appendix A to Rule 5101:2-13-03 

Clarified the appendix title to reflect moderate and serious risk non-compliances, clarified language of existing non-compliances

Reduced the number of points given for each non-compliance by combining them into one infraction

Criteria for 5101:2-13-03 Serious risk Non-Compliance (6 points)

• Added falsifying information to ODJFS or county agency

Criteria for rule 5101:2-13-09 Moderate Risk Non-Compliance (3 points)

• Clarified background check request not submitted or fingerprints not submitted or resident of the home turns 18 or moves into the home and background check request not submitted or fingerprints not submitted
• Added employee or child care staff member working in the home and preliminary approval not on file
• Added child care staff member alone with children and preliminary approval or JFS 01176 not on file

Criteria for 5101:2-13-09 Serious risk Non-Compliance (6 points)

• Added provider has an ineligible background check
• Added provider refuses to submit a background check request or fingerprints

Criteria for 5101:2-13-11 Moderate Risk Non-Compliance (3 points)

• Added clarification to equipment to include used for climbing, swinging, balancing, and sliding

Criteria for 5101:2-13-12 Serious Risk Non-Compliance (6 points)

• Added a clarifier to when firearms, weapons, or ammunition is not secure

Criteria for 5101:2-13-14 Moderate Risk Non-Compliance (3 points)

• Added not adhering to Ohio’s child restraint law
• Added supplies required by the JFS 1236 not available on trip

Criteria for 5101:2-13-14 Serious Risk Non-Compliance (6 points)

• Added other substances which could impair driving
• Criteria for 5101:2-13-19 Serious Risk Non-Compliance (6 points)
• Added "child completely left alone in home (no adults)"
• Removed "physical abuse/neglect/endangerment by any child care staff member, employee, resident or provider" as this is duplicative

Criteria for 5101:2-13-20 Moderate Risk Non-Compliance (3 points)

• Clarified objects which pose suffocation or strangulation risks, cribs, and playpens
• added something other than a crib or playpen used for sleeping or napping

Criteria for 5101:2-13-22 Moderate Risk Non-Compliance (3 points)

• Added “supplemental food not onsite, meals or snacks provided do not meet the requirements of the rule”

Criteria for 5101:2-13-25 Moderate Risk Non-Compliance (3 points)

• Added JFS 01217 incomplete
• Clarified "no current label or physician's instructions on prescription medication"

5101:2-13-04 "Building department inspection and fire inspection for a licensed family child care provider" has been amended with the following changes:

• Amended the question in paragraph (A) to state "What are the type A home requirements for building inspections?" as the building department does not approve a type A home
• Clarified type A home requirements for building and fire inspections
• Clarified type B home building requirements and procedures for approved spaces
• Clarified type B home fire safety requirements
• Removed written evacuation plan requirement as it is covered in rule 5101:2-13-16

Appendix A to Rule 5101:2-13-04

• Removed requirement that Type B home providers who are certified or licensed after September 1, 2008 shall not use any room or space higher than the second floor of the home for child as it was clarified in this rule
• Removed requirement that all stairways shall have lighting and a hand rail on at least one side if there are four or more stairs as lighting and safety is already covered in this appendix

Appendix B to Rule 5101:2-13-04

• Clarified procedures for storing flammable and combustible materials in type B homes

5101:2-13-05 "Denial, revocation and suspension of a family child care application or license" has been amended with the following changes:

• Clarified situations when an application may be denied or a license can be revoked
• Removed requirement that an application may be denied or a license revoked if the provider has accumulated eighteen or more points from moderate or serious risk non-compliances as the license can be denied or revoked for non-compliances with rules in this chapter
• Added that if the home provider has been issued a notice of intent to revoke the program's license, they are to notify the families of all enrolled children and post the notice of intent in a noticeable location within forty-eight hours of receipt of the notice
• Removed requirement that a provider shall not be licensed until five years have elapsed from the date the certification was revoked as this is already covered in this rule
• Clarified the conditions of licensing actions that are not subject to administrative hearings when the Type A home owner or provider has changed and when the provider does not have children in attendance at the end of the provisional period

5101:2-13-06 "Procedures for a family child care provider operating under a provisional license" has been amended with the following changes:

• Clarified that the provider is to have children, for whom the provider receives compensation, enrolled and attending the home
• Clarified that if the provider has not served any children during the provisional period, the provisional period will continue for up to twelve additional months or until children have been enrolled, whichever comes first

5101:2-13-07 "Provider responsibilities, requirements and qualifications for a licensed family child care provider" has been amended with the following changes:

• Relocated from appendix A of rule 5101:2-13-02, the requirement that the provider is to have written documentation on file of current immunization against tetanus, diphtheria and pertussis (Tdap) unless exempt
• Relocated that the provider is not to be involved in any activities that interfere with the care, safety, and health of the children
• Removed requirement that the provider shall not have had any child removed from his or her home due to abuse or neglect caused by the provider or have a prohibited offense as this is covered in 5101:2-13-09
• Clarified that the provider and anyone in the home, including any child care staff members is not to demonstrate physical or mental conditions potentially harmful to children or be under the influence of alcohol or other drugs while child care is being provided
• Clarified timelines for when the provider is to update household composition in OCLQS
• Clarified that the provider is responsible for all information provided to the county agency or ODJFS including information provided by a child care staff member, employee, administrator, or resident
• Relocated from rule 5101:2-13-08 the provider's Ohio Professional Registry (OPR) requirements and documentation and recordkeeping responsibilities
• Added the provider's OPR management requirements for residents who currently reside in the home and turned eighteen or for residents who are new to the home
• Added that the provider is to cooperate with other government agencies as necessary and ensure compliance with Chapter 5104 of the Revised Code and Chapter 5101:2-13 of the Administrative Code

Appendix A to Rule 5101:2-13-07

• Clarified requirements for verification of a high school education for home schooled or non-chartered non-public school students

Appendix C to Rule 5101:2-13-07

• Revised format of appendix for ease of use
• Clarified appendix language for required policies and procedures to match rule
• Clarified the home is to include policies and procedures about supervision of children, including a separate supervision policy for older school-age children, if applicable.
• Clarified child guidance is a separate policy from supervision
• Added that the home is to include policies and procedures about suspension and expulsion and compliance with the Americans with Disabilities Act
• Added that the home is to include food and dietary policies and procedures

Appendix D to Rule 5101:2-13-07

• Added where the public can find inspection reports, how to receive notification when new inspections are available online
• Added contact information for Health and Human Services or ODJFS Bureau of Civil Rights to file a discrimination complaint

5101:2-13-08 "Employees, child care staff members and substitute responsibilities and qualifications for a licensed family child care provider" has been rescinded and filed as a new rule with the following changes:

• Revised title of rule to "Employees and child care staff members responsibilities and qualifications for a licensed family child care provider"
• Clarified entire rule to include substitute child care staff members where appropriate
• Clarified documentation that employees are to have on file
• Relocated from appendix A of rule 5101:2-13-02, that employees and child care staff members are to have written documentation on file of current immunization against tetanus, diphtheria and pertussis (Tdap), unless exempt
• Added that employees and child care staff members are to create and maintain their profile in the OPR
• Removed requirement that all child care staff members shall meet training requirements of rule 5101:2-13-10, as this is duplicative
• Moved documentation requirements to rule 5101:2-13-07 for child care staff members as this information is now required to be managed by the provider if not verified in the OPR
• Clarified employee and child care staff member whistleblower protection

Appendix A to Rule 5101:2-13-08

• Clarified that a child care staff member includes substitute child care staff members
• Clarified acceptable verification of high school education, diploma or equivalence diploma
• Removed requirement to meet eligibility for employment based on background check requirements as this is covered in rule 5101:2-13-09
• Removed requirement to provide a safe, healthy environment and to ensure that any individuals whose behavior or health endangers the health, safety and well-being of children are not present while child care is being provided as this is covered in 5101:2-13-12

Appendix B to Rule 5101:2-13-08

• Removed entire appendix from rule as substitute child care staff members are to meet the requirements in appendix A

5101:2-13-10 "Training and professional development requirements for a licensed family child care provider and child care staff members has been amended with the following changes:

• Clarified requirements for training in management of communicable disease and child abuse and neglect recognition and prevention
• Clarified that providers and child care staff members are to select one child abuse and neglect recognition and prevention training to complete
• Clarified that providers and child care staff members are to be current with either the ODJFS child abuse and neglect recognition and prevention training which is valid for two years or child abuse and neglect recognition and prevention training as described in appendix A to this rule, which is valid for three years
• Clarified that the child care staff members are to complete these trainings within ninety days of employment and cannot be left alone with children until completed
• Added that the child care staff member meeting trainer requirements in appendix A to this rule is considered to meet the training requirement for first aid, CPR, or management of communicable disease. Staff members are not exempt from completing child abuse and neglect recognition and prevention training
• Clarified trainer qualifications and audiovisual or electronic media requirements
• Added professional development and documentation requirements for substitute child care staff members used more than 90 days in a fiscal year
• Clarified health training documentation requirements

Appendix A to Rule 5101:2-13-10

• Clarified course content for first aid, CPR, and management of communicable disease trainings
• Added race, equity and diversity including how implicit biases may impact reporting as required course content for child abuse and neglect recognition and prevention training
• Clarified documentation requirements for first aid and CPR
• Added list of topics that first aid courses must include
• Clarified requirements and qualifications for health training approved trainers including removing the requirement to be a trainer for an ODJFS approved health organization
• Added licensed athletic trainer to the list of approved trainers for first aid

Appendix B to Rule 5101:2-13-10

• Clarified course content for professional development training
• Added to list of approved professional development trainers an individual that currently serves in a professional capacity, for at least two years, that directly relates to the subject of the training and that the individual is to only train within the jurisdiction of his or her job

5101:2-13-14 "Transportation and field trip safety for a licensed family child care provider" has been amended with the following changes:

• Clarified that supplies and medications may need to be taken on trips
• Removed requirement that an adult must be present with the vehicle any time children are in the vehicle and at no time are children to be left unattended as this is duplicative of rule 5101:2-13-19
• Clarified requirements passengers and for employee or child care staff members who are drivers
• Clarified child care transportation training requirements
• Clarified driver requirements for public transportation drivers and contract drivers

Appendix A to Rule 5101:2-13-14 

• Removed requirement that the provider shall secure written permission for all field trip(s) and shall inform the parent about each trip in advance as this is covered in the rule

Appendix B to Rule 5101:2-13-14 

• Removed Type A home vehicle requirements that expired January 1, 2017
• Clarified that drivers are considered passengers

Appendix C to Rule 5101:2-13-14 

• Clarified that drivers are considered passengers

5101:2-13-15 "Child record requirements for a licensed family child care provider" has been amended with the following changes: 

• Clarified the requirement for medical statement dates and expiration dates
• Clarified provider and child care staff member responsibilities for the JFS 01236
• Clarified the accessibility of the JFS 01236 in the FCC home
• Added definition of medical foods
• Clarified training requirements for providers and staff members for each child’s JFS 01236
• Added that each JFS 01305, JFS 01217, JFS 01234 and JFS 01236 as well as all written permission from parents or physicians is to be kept on file for twelve months from the date the form is signed or updated, whichever is later, even if the child no longer attends the program or the form is no longer required for the child

5101:2-13-22 "Meal preparation/nutritional requirements for a licensed family child care provider" has been amended with the following changes: 

• Clarified requirements for fruit and vegetable juice if served to meet fruit and vegetable requirements or as a beverage alternative
• Added that the provider is to ensure supplemental food is onsite at the home and that no child goes more than four hours without at least a snack or meal, except when sleeping
• Moved all requirements for serving fluid milk in the FCC home into new appendix C to this rule
• Removed requirements for meals and snacks when parents provide the food as all supplemental food requirements are now addressed in paragraph (A) of this rule

Appendix A to Rule 5101:2-13-22 

• Removed references to child care centers
• Revise the food content list to add "fluid" milk
• Revise fruit and vegetable requirements for meals. A vegetable may be used to meet the entire fruit requirement. When two vegetables are served at lunch or dinner, two different kinds of vegetables are to be served.

Appendix B to Rule 5101:2-13-22 

• Added optional meat or meat alternative to the breakfast section of portion sizes for meals chart in accordance with the United States department of agriculture (UDSA)

Appendix C to Rule 5101:2-13-22 

• Consolidated fluid milk requirements found throughout the current rule and appendices into its own appendix for ease of use

5101:2-13-25 "Medication administration for a licensed family child care provider" has been amended with the following changes: 

• Revised title of rule to "Medication administration for a licensed family child care provider"
• Combined requirements for when a JFS 01217 "Request for Administration of Medication for Child Care" is needed into one place in rule for ease of use
• Clarified the requirements for administering and storing non-prescription medications, including household and child medications, medical foods, topical products, and lotions
• Removed references to food supplements
• Clarified that the documentation requirement for each administration of medication includes when school-age children administer their own medication
• Clarified requirements about the administration of medications on the JFS 01236 "Child Medical/Physical Care Plan for Child Care"

Amended Forms:

JFS 01217 "Request for Administration of Medication for Child Care" has been revised to clarify when it needs to be completed, allow more space for writing in each field, and to revise signature boxes.

JFS 01234 "Child Enrollment and Health Information For Child Care" has been revised to improve formatting, add a checkbox for use if information is the same as the child's, and create more space for answering additional information questions.

JFS 01236 "Child Medical/Physical Care Plan for Child Care" has been revised to allow more space for writing in each field, to separate all the questions on the form into their own fields, and to provide a space for parent and certified personal trainer signatures.

JFS 01250 "Plan of Operation for Child Care" has been revised to add a checkbox in the outdoor play space section for programs operating less than 4 consecutive daylight hours and will not be providing outdoor play and to clarify information required for vehicles to be used by the program, if applicable.

JFS 01276 "Health Training Documentation for Child Care" has been revised to clarify child abuse and neglect recognition and prevention trainings, require training-exempt individuals to show proof of certification that verifies trainer requirements have been met, make the email address contact information field for the trainer a required field, and to add rule 5101:2-18-08 to the form.

JFS 01305 "Child Medical Statement For Child Care" has been reformatted to clarify the examination and immunization sections. Additions to the form include an allergy field, a check box to indicate that additional information accompanies the form (for special health care and developmental considerations); the list of required immunizations from Section 5104.014 of the Ohio Revised Code; and the recommended date format for immunization doses.

Implementation:

The requirements that all child care staff members complete first aid and CPR trainings within ninety days of hire will not be assessed during a six-month period to allow programs adequate time for implementation. The requirement that child care staff members not be alone with children until the training is completed remains in effect. ODJFS will begin assessing compliance for this requirement on May 1, 2022.

The most recent version of all ODJFS forms referenced in these rules can be accessed through Forms Central. Revised forms are to be utilized beginning on October 29, 2021. The following JFS forms that are completed and on file at the program do not need to be converted to the new forms until they expire or require an update, whichever comes first. This includes: JFS 01217, JFS 01234, JFS 01236, and JFS 01305. Previously dated versions of the JFS 01276 will not be accepted for trainings completed on or after May 1, 2022

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.