Background:

The Office of Family Assistance has amended family child care home licensing rules pertaining to background checks as a result of the Child Care Development Block Grant Act (CCDBG) of 2014.  Federal law requires the following five background checks be completed for each individual who owns, works, applies to work or resides in a family child care home:

• Bureau of Criminal Investigation (BCI)
• Federal Bureau of Investigation (FBI)
• National Sex Offender Registry
• State Sex Offender Registry
• Statewide Automated Child Welfare Information System (SACWIS).

The Federal Law requires that all background check results be reviewed by the Ohio Department of Job and Family Services (ODJFS).  In addition, individuals will no longer be required to complete new background checks if they change employers within a specified timeframe.

Licensing rules have also been amended as a result of feedback received from the Ohio Alliance of Early Learning Advocates in November 2016 and from stakeholder meetings held on January 31, 2017 and March 17, 2017.

The following rules and forms will be effective October 29, 2017.

New rule:

5101:2-13-09 "Background check requirements for a licensed family child care provider" has been replaced as a new rule due to the number of revisions and rearrangement of the paragraphs and to update the appendix to include language regarding sealed records.  This rule outlines the new background check requirements that must be completed before working or residing in a family child care home.  Appendix A to the rule has been amended to clarify that for rehabilitation, three years does not need to elapse for misdemeanors that are sealed and ten years does not need to elapse for felonies that are sealed.

Amended rules:

5101:2-13-01 "Definitions for licensed family child care" defines the terms used throughout the chapter of family child care licensing rules.  This rule has been amended to add language to the definition of child care.

5101:2-13-02 "Application and amendments for a family child care provider license" outlines the process and requirements for applying for a family child care license and the process to amend a currently existing family child care license.  This rule has been amended to delete the requirements for county agencies to review the BCI and FBI checks for providers as it will now be done by ODJFS.  Appendix A to this rule has been amended to reflect the updated requirements for background checks that are to be submitted at the time of application.

5101:2-13-03 "Compliance inspection and complaint investigation of a licensed family child care provider" outlines guidelines and timeframes for inspections and investigations of licensed family child care providers.  This rule has been amended to clarify language regarding types of inspections.  The appendix to this rule has also been amended with updated language to reflect the new background check process (rule 5101:2-13-09), the updated concealed weapons requirements in Ohio (rule 5101:2-13-12), to clarify the moderate risk noncompliance (MRNC) for using vehicles that do not meet the requirements of rule 5101:2-12-14 of the Administrative Code (rule 5101:2-13-14) and to clarify when the MRNC also applies to playpens (rule 5101:2-13-20).

5101:2-13-05 "Denial, revocation and suspension of a family child care application or license" outlines the parameters for denying an application or revoking or suspending a family child care license.  This rule has been amended to include the updated background check requirements for denying or revoking a license.

5101:2-13-07 "Provider responsibilities, requirements and qualifications for a licensed family child care provider" outlines the requirements to be a licensed family child care provider.  This rule has been amended to delete old background check language and to require the JFS 01174 "Ajudicated a Delinquent Child Statement" be updated as necessary.  Appendix C to the rule has been amended to clarify the breastfeeding policy requirements and to specify that the requirement is only for programs that serve infants or toddlers.

5101:2-13-08 "Employees, child care staff members and substitute responsibilities and qualifications for a licensed family child care provider" outlines the requirements for those working in a family child care home.  This rule has been amended to clarify the staff orientation training requirements as well as the language for substitute child care staff members.  Appendices B and C to the rule have been amended to remove references to the old background check requirements and remove training requirements language that can be found in rule 5101:2-13-10 of the Administrative Code.

5101:2-13-26 "County agency responsibilities for licensed family child care providers" outlines the duties for county agencies in licensing a family child care provider.  This rule has been amended to remove the requirements of background checks as county agencies will no longer be responsible for reviewing the checks.

New forms:

JFS 01174 "Adjudicated a Delinquent Child Statement" is a new form that will be used by a family child care provider to attest that there is not an adjudicated delinquent child in the home.

JFS 01175 "Request for a Background Check for Child Care" is a new form that will be used by individuals to request a background check to work in child care.

JFS 01176 "Program Notification of Background Check Review for Child Care" is a new form that will be used to inform child care programs of background check results for providers, applicants, employees, child care staff members and residents.

JFS 01177 "Individual Notification of Background Check Review for Child Care" is a new form that will be used to inform individuals if the results of their background check allow them to be a family child care provider, employee or child care staff member in a family child care home or resident in a home that will be providing child care.

JFS 01178 "Request for Review of Background Check Decision for Child Care" is a new form that will be completed by an individual to appeal the results of their background check.

Amended forms:

JFS 01306 "Employee Record Chart for Child Care" has been revised to reflect the new background check requirements by adding the JFS 01176 "Program Notification of Background Check Review for Child Care."

JFS 01926 "Inspection Report for Family Child Care" has been revised to update the rules included in this package as well as the following rules being amended in a separate package: 

• 5101:2-13-10
• 5101:2-13-12
• 5101:2-13-13
• 5101:2-13-14
• 5101:2-13-16
• 5101:2-13-18
• 5101:2-13-23
• 5101:2-13-25

Obsolete forms:

JFS 01206 "Rehabilitation Criteria"

JFS 01302 "Request for Child Abuse and Neglect Report Information for Child Care"

JFS 01328 "Statement of Nonconviction for Child Care"

JFS 01527 "Notification of Criminal Records Checks and Child Abuse and Neglect Checks"

Implementation:

New Provider:

Any provider that applies for a license after the effective date of these rules shall follow the new background check process.

New Staff or Residents:

Any employee or child care staff member hired after the effective date of the rule or any resident that turns eighteen or moves into the home after the effective date of the rule shall follow the new background check process.

Current Staff and Residents of Type B Home Providers:

All Type B Home Providers shall follow the process detailed in FCCMPL No. 9.

Current Staff and Residents of Type A Home Providers:

All current providers, employees, child care staff members and residents, as of the effective date of the rules, will be phased-in to the new process.

Each program shall send the following to CCBackgroundCheck@jfs.ohio.gov by January 1, 2018:

• A cover sheet detailing each person and their role within the program (owner/ administrator, resident, child care staff member or employee.  JFS 01171 "Background Check Cover Sheet for Child Care" is a sample form that can be used to meet this requirement.
• JFS 01175 for each owner, resident, child care staff member and employee.
• Copies of current BCI and FBI results on file for each employee and child care staff member at the program.  Each program must keep the original copy of the results on file until it receives the new JFS 01176 for each resident, employee and child care staff member.   If the current checks have been given to the county agency, please note that on the cover sheet instead and ODJFS will request the checks from the county agency.

If an individual's BCI or FBI checks expire prior to January 1, 2018, that individual will follow the entire new process for background checks by the expiration date of the checks instead of submitting the current (expiring) checks to ODJFS by January, 1 2018.  This should be noted on the cover sheet when provided to ODJFS as "requested new BCI and FBI checks."  This includes anyone who was previously grandfathered, did not ever have an FBI check or whose FBI check was one-time only.

ODJFS will use these results along with the results from new child abuse and neglect checks and state and national sex offender registry checks to determine if the individual is eligible for continued employment or residence in a licensed family child care home.  Each family child care program and individual will receive notification from ODJFS regarding eligibility after review of the background check results.

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