FCCMTL 9 (Family Child Care Licensing Rules Five Year Review)
Family Child Care Manual Transmittal Letter No. 9
September 23, 2019
TO: All Child Care Manual Holders
FROM: Kimberly Hall, Director
SUBJECT: Family Child Care Licensing Rules Five Year Review

Background:

The Ohio Department of Job and Family Services (ODJFS) amended rule 5101:2-13-09 of the Ohio Administrative Code to implement requirements of the Child Care Development Block Grant Act of 2014.

The rule will be effective September 29, 2019.

5101:2-13-09 "Background check requirements for a licensed family child care provider" has been amended with the following changes: 

  • Removed the JFS 01175 "Request for a Background Check for Child Care" throughout rule and added that a request for a background check is to be completed in the Ohio Professional Registry (OPR)
  • Clarified that a background check is required every five years from the date of the most recent Bureau of Criminal Investigation (BCI) records check
  • Changed the order of steps in paragraph (D) for obtaining a background check
  • Added new paragraph (F) regarding what happens if an individual does not complete the full background check determination process
  • Clarified the question for paragraph (H) so that individuals know fingerprints are required prior to receiving the JFS 01176 "Program Notification of Background Check Review for Child Care"
  • Clarified that notification of preliminary approval will be generated from the OPR
  • Added that an employee or child care staff member hired on or after the effective date of this rule cannot engage in any assigned duties or be near children prior to receiving preliminary approval
  • Changed "what makes an individual ineligible for employment or residence" to "what makes an individual ineligible to own, reside or be employed"
  • Clarified that the JFS 01176 shall be kept on file "if not available in the OPR"
  • Clarified language that only child care staff members with a JFS 01176 on file at the home or in the OPR can be left alone with children
  • Added that the JFS 01178 "Request for Review of Background Check Decision for Child Care" shall be submitted within fourteen business days from the date on the JFS 01177 "Individual Notification of Background Check Review for Child Care"
  • Revised the question regarding the background check requirements if an individual becomes employed at another program for clarity
  • Clarified language regarding being employed by a licensed program or a resident of a licensed home
  • Changed to state ODJFS will "provide" the JFS 01176 instead of "send" it
  • Corrected a typo changing the JFS 01177 to the JFS 01176

Appendix A is being amended with the following changes: 

  • Added residents to the list of people with a prohibited offense that must meet the rehabilitation standards listed

Revised forms:

  • JFS 01176 “Program Notification of Background Check Review For Child Care” was revised to add a section called “New Background Checks Must be Submitted By” and the following language: “This determination was made using the current background check results on file at ODJFS which must be dated within the previous five years. The results may not have been updated for this determination.”
  • JFS 01177 “Individual Notification of Background Check Review For Child Care” was revised to add a section called “New Background Checks Must be Submitted By” and the following language: “This determination was made using the current background check results on file at ODJFS which must be dated within the previous five years. The results may not have been updated for this determination.”

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