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Child Care In-Home Aide Rules
5101:2-14-01 Definitions for certified in-home aides.
Effective Date: November 12, 2023
Most Current Prior Effective Date: October 20, 2019

(A)"Advanced practice registered nurse (APRN)" means a certified registered nurse anesthetist, clinical nurse specialist, certified nurse midwife or certified nurse practitioner under Chapter 4723. of the Revised Code. This was previously called advanced practice nurse (APN).

(B)"Certified nurse practitioner (CNP)" means a registered nurse who holds a valid certification of authority issued under Chapter 4723. of the Revised Code that authorizes the practice of nursing as a CNP in accordance with section 4723.43 of the Revised Code and rules adopted by the board of nursing.

(C)"Child" means an infant, toddler, preschool or school-age child.

(C)(D) "Child care" per section 5104.01 of the Revised Code means all of the following:

(1)Administering to the needs of infants, toddlers, preschool-age children and school-age children outside of school hours.

(2)By persons other than their parents, guardians, or custodians.

(3)For part of the twenty-four-hour day.

(4)In a place other than a child's own home, except that an in-home aide provides child care in the child's own home.

(5)By a provider required by this chapter Chapter 5104. of the Revised Code to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104.32 of the Revised Code.

(D)(E) "Field trips" means infrequent or irregularly scheduled excursions from the child's own home with an in-home aide.

(E)(F) "Food supplement" means a vitamin, mineral, or combination of one or more vitamins, minerals and/or energy-producing nutrients (carbohydrate, protein or fat) used in addition to meals or snacks.

(F)(G) "Infant" means a child who is under eighteen months of age.

(G)(H) "In-Home Aide" (IHA) means a person who does not reside with the child but provides child care to a child in the child's own home. The child's home will be inspected by the parent, IHA and the county agency.

(H)(I)  "Medication" means any substance or preparation of a substance which is used to prevent or treat a wound, injury, infection, infirmity, or disease. This includes medication that is over the counter, or prescribed or recommended by a physician or advance practice nurse certified to prescribe medication, and permitted by the parent for administration or application.

(I)(J)   "Parent" means the father or mother of a child, an adult who has legal custody of a child, an adult who is the guardian of a child, or an adult who stands in loco parentis with respect to a child, and whose presence in the home is needed as the caretaker of the child. Parent has the same meaning as "caretaker parent" as defined in section 5104.01 of the Revised Code.

(J)(K)  "Physician" means a person issued a certificate to practice in accordance with Chapter 4731. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(K)(L)  "Physician assistant (PA)" means a person who has obtained a valid certificate to practice in accordance with Chapter 4730. of the Revised Code and rules adopted by the state medical board or a comparable body in another state.

(L)(M) "Preschool child" means a child who is three years old or older but is not a school-age child.

(N)"Public children services agency (PCSA)" means an entity specified in section 5153.02 of the Revised Code that has assumed the powers and duties of the children services function prescribed by Chapter 5153. of the Revised Code for a county.

(M)(O) "Publicly funded child care" is the care of infants, toddlers, preschool children, and school-age children under age thirteen by an eligible provider, as defined in rule 5101:2-16-01 of the Administrative Code. Publicly funded child care is paid, wholly or in part, with federal or state funds, including funds available under the child care block grant act Title IV-E and Title XX, distributed by ODJFS.

(N)(P) "Routine trips" means frequent or regularly scheduled repeated excursions from off  the premises of the home in which in-home aide services are being provided regularly occur on a previously scheduled basis and that parents have been made aware of the destinations of the trip. Routine trips include, but are not limited to, taking a child to school or picking up a child from school.

(O)(Q) "School-age child" means a child who is enrolled in or is eligible to be enrolled in 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.

(P)(R) "Special needs child care" means child care provided to a child who is less than eighteen years of age and either has one or more chronic health conditions or does not meet age appropriate expectations in one or more areas of development, including social, emotional, cognitive, communicative, perceptual, motor, physical, and behavioral development and that may include on a regular basis such services, adaptations, modifications, or adjustments needed to assist in the child's function or development.

(Q)(S) "Toddler" means a child who is at least eighteen months of age but less than three years of age.

Effective: 11/12/2023

Five Year Review (FYR) Dates: 8/28/2023 and 11/12/2028

Certification: CERTIFIED ELECTRONICALLY

Date: 11/02/2023

Promulgated Under: 119.03

Statutory Authority: 5104.019

Rule Amplifies: 5104.01

Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986, 02/15/1988, 05/01/1989, 11/01/1991 (Emer.), 01/20/1992, 07/01/1995, 03/15/1996, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 07/01/2005 (Emer.), 10/01/2005, 01/01/2007, 08/14/2008, 08/03/2013, 01/01/2014, 09/28/2015, 12/31/2016, 10/29/2017, 10/20/2019