Family Child Care Rules
** Rule 5101:2-13-02.2 has been rescinded **
5101:2-13-02.2 Transitional Pandemic Requirements for a Licensed Family Child Care Provider
CCMTL 156 CCCMTL 30 CCIMTL 11 FCCMTL 20
Effective Date: April 1, 2021
Most Current Prior Effective Date: December 11, 2020

Appendix A - List of COVID-19 Symptoms

(A)What are transitional pandemic requirements for a licensed family child care provider?

Transitional pandemic requirements are licensing requirements that are followed as Ohio transitions out of pandemic child care for the COVID-19 pandemic and back to family child care licensing requirements.

(B)When does a licensed family child care provider follow these requirements?

Licensed family child care providers are to follow these requirements when the governor of Ohio declares a state of emergency for the COVID-19 pandemic and or directs ODJFS to issue transition requirements.

(C)What are the licensing requirements for a transitional family child care provider?

The family child care provider is to follow all of the licensing requirements of this chapter, with the following exceptions and additions:

(1)The family child care provider will follow all guidelines set by the governor of Ohio or the director of the Ohio department of health.

(2)The family child care provider will follow all handwashing procedures pursuant to rule 5101:2-13-13 of the Administrative Code with the following additions:

(a)The provider and all family child care staff members and employees will wash their hands:

(i)Upon entering the family child care home and prior to leaving for the day.

(ii)After caring for someone who is sick.

(iii)After eating, serving, or preparing food or bottles or feeding a child.

(iv)After blowing their nose, coughing or sneezing.

(v)Before and after touching their face or handling their mask.

(b)All children will wash their hands:

(i)Prior to leaving for the day.

(ii)After eating or assisting with food preparation.

(iii)After blowing their nose, coughing or sneezing.

(iv)After touching their face or handling their mask.

(3)The family child care provider may use non-permanent sinks to meet the handwashing requirements of this chapter.

(4)The family child care provider will ensure that all employees, child care staff members and children are assessed for temperature and the symptoms listed in appendix A to this rule prior to or as soon as they arrive each day. The family child care provider and all residents need to be assessed for temperature and the symptoms listed in appendix A to this rule prior to the start of the day.

(a)If a family child care employee, child care staff member or child has a temperature of one hundred degrees or higher:

(i)The provider will immediately send the person home. The individual will not return to the program until he or she has been fever-free without the use of medication for at least twenty-four hours.

(ii)If the person had known contact with someone confirmed or suspected to have COVID-19, he or she will not return to the program until isolation or quarantine protocols for COVID-19 are completed in coordination with the local health department or in compliance with the Ohio department of health (ODH) and United States centers for disease control and prevention (CDC) guidelines.

(b)If an employee, child care staff member, or child has any of the symptoms listed in appendix A to this rule and has had known contact with someone confirmed or suspected to have COVID-19:

(i)The provider will immediately send the person home.

(ii)The individual will not return to the program until isolation or quarantine protocols for COVID-19 are completed in coordination with the local health department or in compliance with the ODH and CDC guidelines.

(c)If the provider or a resident has a temperature of one hundred degrees or higher:

(i)The provider will stop providing care until the individual has been fever-free without the use of medication for at least twenty-four hours.

(ii)If the provider or resident has had known contact with someone confirmed or suspected to have COVID-19, the provider will stop providing care until the person completes isolation or quarantine protocols for COVID-19 in coordination with the local health department or in compliance with the ODH and CDC guidelines.

(d)If the provider or a resident has any of the symptoms listed in appendix A to this rule and has had known contact with someone confirmed or suspected to have COVID-19, the provider will stop providing care until the person completes isolation or quarantine protocols in coordination with the local health department or in compliance with the ODH and CDC guidelines.

(e)The requirements of this paragraph also apply to anyone whose symptoms are assessed after arrival.

(5)The family child care provider will ensure the provider, all child care staff members, employees, and residents wear a face covering, unless not medically appropriate, while indoors. Face coverings cover the individual's nose and mouth.

(6)In accordance with the recommendations of the Ohio children's hospital association which is consistent with the Ohio chapter, American academy of pediatrics (Ohio AAP) and CDC guidelines (which is available at http://ohioaap.org/wp-content/uploads/2020/08/Face-Mask-Guidance.pdf) the family child care provider will ensure that all school-age children wear a face covering while indoors, unless not medically or developmentally appropriate. "School-age child" means a child who is enrolled in and attending a grade of kindergarten or above but is less than fifteen years old or, in the case of a child who is receiving special needs child care, is less than eighteen years old. Face coverings cover the child's nose and mouth. Per guidance from the CDC, no child two years old and under should wear a face covering.

(7)The family child care provider will not provide care to sick children pursuant to appendix B to rule 5101:2-13-16 of the Administrative Code.

(8)If the provider, a resident of the home, child care staff member or employee of the family child care provider or a child enrolled in the care of the family child care provider tests positive for COVID-19, the program is to:

(a)Notify ODJFS by the next business day in the Ohio child licensing and quality system as a serious incident pursuant to rule 5101:2-13-16 of the Administrative Code.

(b)Notify the local health department by the next business day.

(c)Ensure that the person completes isolation or quarantine protocols for COVID-19 in coordination with the local health department or in compliance with the ODH and CDC guidelines prior to being permitted to return to the program. If the provider or a resident of the home tests positive for COVID-19, care will not resume until the isolation or quarantine is complete.

(D)How long is the transitional pandemic rule effective?

The transitional pandemic rule is valid until the governor of Ohio rescinds the state of emergency and or directs ODJFS to return to full family child care licensing requirements.

Effective: 4/1/2021

Five Year Review (FYR) Dates: 04/01/2026

Certification: CERTIFIED ELECTRONICALLY

Date: 03/22/2021

Promulgated Under: 119.03

Statutory Authority: 5104.017, 5104.018

Rule Amplifies: 5104.017, 5104.018