Background:

The Office of Family Assistance has completed a thorough review and restructuring of all child care licensing rules. All licensing rules 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, the rules for all settings have been aligned, renumbered and updated to reference the Ohio Child Licensing and Quality System currently in development. It was determined that family child care (Type A and Type B homes) are similar in nature and should be aligned in regulation and monitoring. Therefore, Type A and Type B Homes will be monitored by the county agency.

The following rules and forms will be effective December 31, 2016.

New Rules:

5101:2-13-01 "Definitions for licensed family child care" is a new rule that defines the terms used throughout the new chapter of family child care licensing rules.

5101:2-13-02 "Application and amendments for a family child care provider license" is a new rule that describes the process and requirements for applying for a family child care license. This rule is replacing in part rescinded rules 5101:2-13-04 and 5101:2-14-02.

5101:2-13-03 "Compliance inspection and complaint investigation of a licensed family child care provider" is a new rule that outlines guidelines and timeframes for inspections and investigations of the family child care home. This rule is replacing in part rescinded rules 5101:2-13-07, 5101:2-13-08 and 5101:2-14-03.

5101:2-13-04 "Building department inspection and fire inspection for a licensed family child care provider" is a new rule that outlines the separate requirements of building and fire safety for type A home providers and type B home providers. This rule is replacing in part rescinded rules 5101:2-13-10, 5101:2-13-11 and 5101:2-14-10.

5101:2-13-05 "Denial, revocation and suspension of a family child care application or license" is a new rule that outlines the parameters for denying an application and suspending or revoking a family child care provider license. This rule is replacing in part rescinded rules 5101:2-13-09 and 5101:2-14-04.

5101:2-13-06 "Procedures for a family child care provider operating under a provisional license" is a new rule that outlines the operating requirements during the provisional license period. This rule is replacing in part rescinded rules 5101:2-13-4.1 and 5101:2-14-05.

5101:2-13-07 "Provider responsibilities, requirements and qualifications for a licensed family child care provider" is a new rule that outlines the education, experience and other requirements to become a licensed provider. This rule is replacing in part rescinded rules 5101:2-13-24 and 5101:2-14-06.

5101:2-13-08 "Employees, child care staff members and substitute responsibilities and qualifications for a licensed family child care provider" is a new rule that outlines the qualifications for all staff members and substitutes. This rule is replacing in part rescinded rules 5101:2-13-25 and 5101:2-14-09.

5101:2-13-09 "Criminal records check requirements for a licensed family child care provider" is a new rule that outlines Bureau of Criminal Investigation, Federal Bureau of Investigation and Nonconviction statement requirements. This rule is replacing in part rescinded rules 5101:2-13-26 and 5101:2-14-09.

5101:2-13-10 "Training and professional development requirements for a licensed family child care provider and child care staff members" is a new rule that outlines the initial and on-going training and professional development for providers and staff. This rule is replacing in part rescinded rules 5101:2-13-27, 5101:2-13-28 and 5101:2-14-08.

5101:2-13-11 "Indoor and outdoor space requirements for a licensed family child care provider" is a new rule that outlines indoor and outdoor space requirements in a licensed family child care home. This rule is replacing in part rescinded rules 5101:2-13-13, 5101:2-13-14 and 5101:2-14-11 of the Administrative Code.

5101:2-13-12 "Safe equipment and environment for a licensed family child care provider" is a new rule that outlines the requirements for safe equipment and environments in a licensed family child care home. This rule is replacing in part rules 5101:2-13-15 and 5101:2-14-12 of the Administrative Code.

5101:2-13-13 "Sanitary equipment and environment for a licensed family child care provider" is a new rule that outlines the requirements for sanitary equipment and environments for a licensed family child care home. This rule is replacing in part rules 5101:2-13-15, 5101:2-13-15.1, 5101:2-13-15.3, and 5101:2-14-13 of the Administrative Code.

5101:2-13-14 "Transportation and field trip safety for a licensed family child care provider" is a new rule that outlines transportation and field trip requirements for a licensed family child care provider. This rule is replacing in part rules 5101:2-13-18, 5101:2-13-18.1, 5101:2-12-18.2 and 5101:2-14-14 of the Administrative Code.

5101:2-13-15 "Child record requirements for a licensed family child care provider" is a new rule that outlines record requirements for a licensed family child care home. This rule is replacing in part rule 5101:2-13-37, 5101:2-13-38 and 5101:2-14-15 of the Administrative Code.

5101:2-13-16 "Emergency and health-related plans for a licensed family child care provider" is a new rule that outlines medical, dental, first aid and communicable disease procedures, incident and injuries and disaster planning for a licensed family child care home. This rule is replacing in part rules 5101:2-13-34, 5101:2-13-35, 5101:2-13-36 and 5101:2-14-16 of the Administrative Code.

5101:2-13-17 "Programming and materials for a licensed family child care provider" is a new rule that outlines daily activities for a licensed family child care provider. This rule is replacing rescinded rules 5101:2-13-16 and 5101:2-14-17 of the Administrative Code.

5101:2-13-18 "Group size and ratios for a licensed family child care provider" is a new rule that outlines the requirements for staff to child ratios and grouping for a licensed family child care provider. This rule is replacing rules 5101:2-13-20 and 5101:2-14-18 of the Administrative Code.

5101:2-13-19 "Supervision of children and child guidance for a licensed family child care provider" is a new rule that outlines the requirements for supervision and acceptable and unacceptable discipline for a licensed family child care provider. This rule is replacing rules 5101:2-13-20, 5101:2-13-21, 5101:2-13-22 and 5101:2-14-20 of the Administrative Code.

5101:2-13-20 "Sleeping and napping requirements for a licensed family child care provider" is a new rule that outlines requirements for the use of cribs, mats, cots and other sleep surfaces for a licensed family child care provider. This rule is replacing in part rules 5101:2-13-19, 5101:2-13-42 and 5101:2-14-19 of the Administrative Code.

5101:2-13-21 "Evening and overnight care for a licensed family child care provider" is a new rule that outlines the evening and overnight care guidelines for a licensed family child care provider. This rule is replacing rules 5101:2-13-23 and 5101:2-14-24 of the Administrative Code.

5101:2-13-22 "Meal preparation/nutritional requirements for a licensed family child care provider" is a new rule that outlines meal and snack procedures for a licensed family child care provider. This rule is replacing rules 5101:2-13-39 and 5101:2-14-21 of the Administrative Code.

5101:2-13-23 "Infant care and diaper care for a licensed family child care provider" is a new rule that outlines requirements regarding caring for infants for a licensed family child care provider. This rule is replacing rules 5101:2-13-40, 5101:2-13-41 and 5101:2-14-22 of the Administrative Code.

5101:2-13-24 "Swimming and water safety requirements for a licensed family child care provider" is a new rule that outlines swimming and water activities requirements for a licensed family child care provider. This rule is replacing rules 5101:2-13-17 and 5101:2-14-23 of the Administrative Code.

5101:2-13-25 "Medication administration, food supplements and medical foods for a licensed family child care provider" is a new rule that outlines the requirements for administering medication and modified food diets for a licensed family child care provider. This rule is replacing rules 5101:2-13-31 and 5101:2-14-15 of the Administrative Code.

5101:2-13-26 "County agency responsibilities for licensed family child care providers" is a new rule that outlines the family child care providers licensing responsibilities for county agency staff. This rule is replacing rule 5101:2-14-25 of the Administrative Code.

New Forms:

JFS 01155 "Request for Review for Licensing and Step Up to Quality" is a new form used to request a review of licensing findings after an inspection.

JFS 01156 "Serious Incident Reporting for Child Care" is a new form to report serious incidences to ODJFS and the county agency by the program or provider.

JFS 01276 "Health Training Documentation for Child Care" is a new form used to track the health training hours required for all administrators, providers and child care staff members.

Revised Forms:

JFS 01201 "Dental First Aid" is being revised to update language on dental procedures.

JFS 01206 "Rehabilitation Criteria for Child Care" is being revised to update rule citations.

JFS 01215 "Children's Record Review for Child Care" is being revised to include all child care settings.

JFS 01217 "Request for Administration of Medication for Child Care" is being revised to include all child care settings.

JFS 01234 "Child Enrollment and Health Information for Child Care" is being revised to include all child care settings.

JFS 01235 "Sleep Position Waiver Statement for Child Care" is being revised to include all child care settings.

JFS 01236 "Child Medical/Physical Care Plan for Child Care" is being revised to include all child care settings.

JFS 01242 "Medical, Dental and General Emergency Plan for Child Care" is being revised to include all child care settings and update procedures.

JFS 01250 "Plan of Operation for Child Care" is being revised to include all child care settings and to streamline what documents are required at application.

JFS 01266 "Contracted Driver Qualifications Statement for Child Care" is being revised to update the rule citations.

JFS 01295 "Complaint Intake, Alleged Operations and Disposition Report for Child Care" is being revised to include complaints and alleged operations on one form for all licensed child care settings.

JFS 01299 "Incident/Injury Report for Child Care" is being revised to include incidents that are not required to be reported the day of the incident.

JFS 01302 "Request for Child Abuse and Neglect Report Information for Child Care" is being revised to include updated rule and provider language.

JFS 01306 "Employee Record Chart for Child Care" is being revised to include all child care settings.

JFS 01307 "Professional Development Documentation for Child Care" is being revised to change the title and remove the health training heading from the form.

JFS 01328 "Statement of Nonconviction for Child Care" is being revised to include all providers in all settings, child care centers, family child care providers and in-home aides.

JFS 01526 "Complaint Investigation Receipt for Child Care" is being revised to change all county job and family services references to county agency.

JFS 01527 "Notification of Criminal Records Checks and Child Abuse and Neglect Checks" is being revised to change all county job and family services references to county agency and make the form specific to the child abuse and neglect check.

JFS 01926 "Inspection Report for Family Child Care" is being revised to include all family child care settings and update rule citations.

JFS 01933 "Liability Insurance Statement for Family Child Care Providers" is being revised to incorporate all family child care providers and remove rule citations.

JFS 08087 "Communicable Disease Chart" is being revised to update disease information.

Rescinded Rules:

5101:2-13-01 "Definitions for licensed type A homes."

5101:2-13-02 "Types of licensed type A homes."

5101:2-13-03 "License capacity for licensed type A homes."

5101:2-13-04 "Application and issuance of a provisional license for type A homes."

5101:2-13-04.1 "Procedures for a type A home operating under a provisional license."

5101:2-13-05 "License amendments for licensed type A homes."

5101:2-13-07 "Inspection of licensed type A homes with a regular license and the investigation of unlicensed homes."

5101:2-13-08 "Complaint investigations for licensed and unlicensed type A homes."

5101:2-13-09 "Denial or revocation of a type A home application or license."

5101:2-13-09.1 "Suspension of a type A home license."

5101:2-13-10 "Building department inspection for licensed type A homes."

5101:2-13-11 "Fire department approval for licensed type A homes."

5101:2-13-12 "Meal preparation and service and water sanitation for licensed type A homes."

5101:2-13-13 "Indoor floor space requirements in licensed type A homes."

5101:2-13-14 "Outdoor play requirements in licensed type A homes."

5101:2-13-15 "Safe and sanitary equipment and environment in licensed type A homes."

5101:2-13-15.1 "Handwashing and standard precautions in licensed type A homes."

5101:2-13-15.2 "Diapering and toilet training for licensed type A homes."

5101:2-13-15.3 "Smoke-free environment for licensed type A homes."

5101:2-13-15.4 "Toothbrushing in licensed type A homes."

5101:2-13-16 "Requirements for programming and equipment in licensed type A homes."

5101:2-13-17 "Swimming and water safety requirements in licensed type A homes."

5101:2-13-18 "Transportation and field trip safety procedural requirements for licensed type A homes."

5101:2-13-18.1 "Transportation/vehicle requirements for licensed type A homes."

5101:2-13-18.2 "Transportation/driver requirements for licensed type A homes."

5101:2-13-19 "Sleeping, napping, resting and overnight care requirements for type A homes."

5101:2-13-20 "Supervision and staff/child ratios in licensed type A homes."

5101:2-13-21 "Care and nurturing of children for type A homes."

5101:2-13-22 "Child guidance and management for licensed type A homes."

5101:2-13-23 "Evening and overnight care for licensed type A homes."

5101:2-13-24 "Administrator responsibilities and qualifications for type A homes."

5101:2-13-25 "Employee and child care staff member requirements for licensed type A homes."

5101:2-13-26 "Statement of nonconviction and criminal records check for licensed type A homes."

5101:2-13-27 "Training in first aid, CPR, management of communicable disease and child abuse prevention."

5101:2-13-28 "Inservice training for licensed type A homes."

5101:2-13-30 "Policies/procedures and insurance requirements for licensed type A homes."

5101:2-13-31 "Administration of medication requirements for licensed type A homes."

5101:2-13-33 "Management of illness in licensed type A homes."

5101:2-13-34 "Medical, dental, and general emergency plan for licensed type A homes."

5101:2-13-35 "Incident/injury report for licensed type A homes."

5101:2-13-36 "First aid supplies/procedures for licensed type A homes."

5101:2-13-37 "Children's medical and enrollment records for licensed type A homes."

5101:2-13-38 "Care of children with health conditions in licensed type A homes."

5101:2-13-39 "Requirements for meals and snacks in type A homes."

5101:2-13-40 "Daily program for infants in licensed type A homes."

5101:2-13-41 "Infant feeding requirements in licensed type A homes."

5101:2-13-42 "Cribs in licensed type A homes."

5101:2-14-08 "Training requirements for a licensed type B home provider."

5101:2-14-09 "Emergency/substitute caregiver and employees for a licensed type B home provider."

5101:2-14-10 "Fire safety requirements for a licensed type B home provider."

5101:2-14-11 "Indoor and outdoor space requirements for a licensed type B home provider."

5101:2-14-12 "Safe equipment and environment for a licensed type B home provider."

5101:2-14-13 "Sanitary equipment and environment for a licensed type B home provider."

5101:2-14-14 "Transportation and field trip safety for a licensed type B home provider."

5101:2-14-15 "Child records requirements for a licensed type B home provider."

5101:2-14-16 "Medical, dental, first aid and communicable disease procedures for a licensed type B home provider."

5101:2-14-17 "Programming and materials for a licensed type B home provider."

5101:2-14-18 "Group size for a licensed type B home provider."

5101:2-14-19 "Sleeping and napping requirements for a licensed type B home provider."

5101:2-14-20 "Supervision of children and child guidance for a licensed type B home provider."

5101:2-14-21 "Meal preparation/nutritional requirements for a licensed type B home provider."

5101:2-14-22 "Infant care and diaper care for a licensed type B home provider."

5101:2-14-23 "Swimming and water safety requirements for a licensed type B home provider."

5101:2-14-24 "Evening and overnight care requirements for a licensed type B home provider."

5101:2-14-25 "County department of job and family services licensing responsibilities for type B home providers."

The following rules are being rescinded in a separate package and will be effective at the same time:

5101:2-14-02 "Application and issuance for a type B home provider license."

5101:2-14-03 "Compliance inspection and complaint investigation of a licensed type B home provider."

5101:2-14-04 "Denial and revocation of a licensed type B home provider."

5101:2-14-04.1 "Suspension of a type B home license."

5101:2-14-05 "Procedures for a licensed type B home provider operating under a provisional license."

5101:2-14-06 "Provider qualifications for a licensed type B home provider."

5101:2-14-07 "Licensed type B home requirements for criminal records checks."

Obsolete Forms:

JFS 01280 "Medical Statement for Type B Home and In-Home Aide Child Care Providers"

JFS 01297 "Child Enrollment and Health Information for Type B Family Child Care and In- Home Aides"

JFS 01329 "Statement of Nonconviction for Type B Homes and In-Home Aides"

JFS 01332 "Child Care Handbook for Parents: Licensed Family Child Care Providers"

JFS 01332-I "Instructions for Completing JFS 01332, Child Care Handbook for Caretakers"

JFS 01528 "Type B Home Provider Employee Record Chart"

JFS 01634 "Caretaker/Provider Agreement for Type B Homes and In-Home Aides"

JFS 01643 "Application for Licensed Type B Home"

JFS 01644 "Permission to Administer Medication for Type B Family Child Care and In-Home Aides"

JFS 01920 "Emergency/Substitute Caregiver Acting as an Assistant in a Type B Child Care Home"

JFS 01921 "Complaint Disposition Report for Type B Child Care Providers and In-Home Aides"

JFS 01922 "Notification of Alleged Child Care Rule Noncompliance"

JFS 01923 "Emergency/Substitute Caregiver Statement for Type B Home Provider"

JFS 01924 "Inservice Training for Type B Home and In-Home Aide Child Care Providers"

JFS 01928 "Child Medical/Physical Care Plan for Type B Homes and In-Home Aides"

JFS 01929 "Medical, Dental and General Emergency Plan"

JFS 01930 "Sleep Positions Waiver Statement for Type B Homes and In Home Aides"

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