Background

The Office of Family Assistance completed a five-year review of child care center and family child care licensing rules 5101:2-12-09 and 5101:2-13-09. Rule 5101:2-18-07 was revised to align with the other chapters.

Rules 5101:2-12-09 and 5101:2-13-09 were revised to remove revision dates from JFS form citations as the most recent version of all Ohio Department of Job and Family Services (ODJFS) forms can be accessed through Forms Central. 

Per Sections 109.572 and 5104.013 of the Ohio Revised Code (ORC), anyone who has been convicted of or plead guilty to certain offenses are prohibited from owning, operating, or working in a child care business. Appendix A to the rules was revised to add prohibitive offenses already existing in ORC. If an individual has been convicted of or plead guilty to one of the offenses below, they are not eligible to own or work in a child care program.

Individuals are not required to submit a request for new background checks as result of this letter.

Remember, a new request for background checks should be submitted only if the following situations apply: 

• The current background checks are expired on the JFS 01176 "Program Notification of Background Check Review for Child Care" and JFS 01177 "Individual Notification of Background Check Review for Child Care"
• The background check is no longer valid due to an employment gap of more than 180 days.
• The individual changes employment or plans to reside in another licensed child care program but has an unexpired background check determination by ODJFS. (New fingerprints are not required).

ODJFS will no longer allow rehabilitation for the prohibitive offenses being added to Appendix A for all background checks submitted on or after the rule’s effective date January 27, 2024.

Changes to Rules 5101:2-12-09 and 5101:2-13-09

Removed revision dates from the following forms:

JFS 01176 "Program Notification of Background Check Review for Child Care"

JFS 01177 "Individual Notification of Background Check Review for Child Care"

JFS 01178 "Request for Review of Background Check Decision for Child Care"

Changes to Appendix A – Standards for Rehabilitation for Rules 5101:2-12-09,

5101:2-13-09, and 5101:2-18-07

Relocated and revised the following statement in 2(c): 

• "The felony was not an existing or former offense of any municipal corporation, this state, or any other state, or the United States that is substantially equivalent to any of these offenses, or that would meet the ineligibility requirements under 45 CFR Section 98.43 or one of the following"
• Added the following convictions that currently exist in ORC to the prohibitive offenses list in OAC to align

R.C. 2903.03 – Voluntary manslaughter

R.C. 2903.04 – Involuntary manslaughter

R.C. 2905.32 – Trafficking in persons

R.C. 2907.04 – Unlawful sexual conduct with minor

R.C. 2907.05 – Gross sexual imposition

R.C. 2907.19 – Commercial sexual exploitation of a minor

R.C. 2907.21 – Compelling prostitution

R.C. 2907.31 – Disseminating matter harmful to juveniles

R.C. 2911.01 – Aggravated robbery

R.C. 2911.02 – Robbery

R.C. 2911.11 – Aggravated burglary

R.C. 2911.12 – Burglary

R.C. 2919.23 – Interference with custody

R.C. 2919.24 – Contributing to unruliness or delinquency of a child

R.C. 2923.13 – Having weapons while under disability

R.C. 2923.161 – Improperly discharging firearm at or into a habitation, in a school safety zone or with intent to cause harm or panic to persons in a school building or at a school function

Questions

Please contact the Child Care Policy Help Desk with questions at childcarepolicy@jfs.ohio.gov or 1-877-302-2347 option 4.