Family Child Care Rules
5101:2-13-21 Evening and Overnight Care for a Licensed Family Child Care Provider
Effective Date: October 29, 2021
Most Current Prior Effective Date: December 31, 2016

(A)When is a licensed family child care provider considered to be providing evening and overnight care?

Evening or overnight care is when children are in attendance any time between the hours of seven p.m. and six a.m.

(B)What is required when evening and overnight care is provided?

If the licensed family child care provider has evening or overnight care, the following are required:

(1)The provider and/or child care staff member shall remain awake until all children are asleep. When children sleep in the evening or overnight, the provider shall have a monitoring device that ensures sight or hearing at all times.

(2)Children under the age of five shall sleep on the same floor as the provider and/or child care staff member.

(3)The home shall provide adequate lighting indoors in all areas, including bathrooms, hallways and sleeping rooms to ensure that children can be seen by the provider.

(4)When parents arrive or depart after daylight hours, the provider shall assure that outdoor walkways and entrances to be used are adequately lighted for safety and security.

(5)Children shall only sleep during evening and overnight care in areas that have been approved for sleeping.

(6)Each child in care during evening and overnight hours shall be provided with an individual crib, playpen, cot, mattress, couch or bed in accordance with rule 5101:2-13-20 of the Administrative Code.

(7)(6)  Bedtime routines shall be developed and followed in consultation with the parents of the children.

(8)The provider shall have activities before bedtime which allows for children's individual choices and needs. Activities may include meals, play, homework, relaxation, personal grooming and outdoor play during daylight hours.

(C)What sanitary environment and additional hygiene stipulations shall be followed by the provider or child care staff member?

The provider or child care staff member shall:

(1)Ensure that each child who sleeps at the home for four or more hours has clean, comfortable sleeping clothes.

(2)Assist children during washing and changing clothes according to children's developmental needs.

(3)Separate school-age boys from school-age girls during washing and while changing clothes to ensure privacy.

(4)Change bed linens at least weekly, when soiled and when assigned to a different child.

(5)(4) If the child has a bedtime routine occurring at the program, ensureEnsure that each child has a clean, individual washcloth, towel and toothbrush, as appropriate for the age of the child, and labeled with the child's name and stored in a sanitary manner.

(6)(5)  Provide children access to running water, liquid soap and toothpaste.

(7)(6)  Ensure bathtubs and showers are equipped to prevent slipping, if the home provides bathing. The provider shall also have written permission from the parent prior to allowing the child to bathe.

(8)(7)  Ensure bath tubs and showers are cleaned and sanitized after each use. The tub or showers do not have to be sanitized between uses if the children are siblings and the parent has provided written consent. All children shall bathe separately unless the children are siblings and the parent has provided written consent that the children can be bathed together.

Effective: 10/29/2021

Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026


Date: 10/05/2021

Promulgated Under: 119.03

Statutory Authority: 5104.017, 5104.018

Rule Amplifies: 5104.017, 5104.018

Prior Effective Dates: 04/01/1982, 09/01/1986, 05/01/1989, 10/01/1997, 04/01/2003, 07/01/2003, 08/14/2008, 12/01/2011, 01/01/2014, 12/31/2016