(A) What are the
reasons an applicant may have an application denied or a licensed family child
care provider may have a provisional or continuous license revoked?
(1) The family
child care provider is not in compliance with Chapter 5101:2-13 of the
Administrative Code or Chapter 5104. of the Revised Code.
(2) The family
child care provider or a household member has pleaded
guilty to or been convicted of an offense and does not meet the rehabilitation
standards defined inbeen determined not eligible
for employment or residence in a licensed family child care home as a result of
the background check requirements pursuant to rule 5101:2-13-09 of the Administrative Code.
(3) The family child care provider or a
resident of the home has had a child removed from his or her home due to abuse
or neglect caused by the provider or resident pursuant to section 2151.353 of
the Revised Code.
(4)(3) The family child care provider fails to submit
documentation or information requested by the county agency or the Ohio department of job and family services (ODJFS) ODJFS within required time frames.
(5)(4) The family child care provider has refused to
allow the ODJFS or the county agency staff access
onto its premises or to any area used for child care.
(6)(5) The family child care provider has furnished
or made misleading or false statements or reports to the
ODJFS or the county agency.
(7)(6) The family child care provider has accumulated
eighteen or more points from moderate or serious risk non-compliances in accordance
with appendix A to rule 5101:2-13-03 of the Administrative Code, during the
provisional license period.
(8)(7) Failure of any person, firm, partnership,
organization, institution, or agency to cooperate with
the ODJFS or any state or local official when performing duties required
by Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the
Administrative Code.
(9)(8) Someone under the age of eighteen who resides
in the home has been adjudicated a delinquent child for committing a violation
of any section listed in division (A)(5) of section 109.572 of the Revised Code. or an offense of any other
state or the United States that is substantially equivalent and the records of
the adjudication or conviction have not been sealed or expunged pursuant to sections
2151.355 to 2151.38 or sections 2953.31 to 2953.38 of the Revised Code.
(10)(9) It has been determined through the
results of the child abuse and neglect report or any other means pursuant to
rule 5101:2-13-09 of the Administrative Code that there is an individual, of
any age, who resides in the home and whose behavior or health may endanger the
health, safety, or well-being of children.
(11)(10) The family child care provider fails to
cooperate with the county agency or the Ohio department
of job and family services (ODJFS)ODJFS in
the licensing process or complaint investigation including, but not limited to,
consistently being unavailable for unannounced inspections conducted by the
county agency or the ODJFS.
(B) What happens if
an application is in the process of being denied or a provisional or continuous
license is in the process of being revoked?
(1) If an
application for a child care center, type A home or type B home has been issued
a notice of intent to deny, no new application for a type A home license or
type B home license shall be processed for the owner until after the completion
of the denial process.
(2) If a
provisional or continuous license for a child care center, type A home or type
B home has been issued ana
notice of intent to revoke, no
new application for a type A home license or type B home license shall be
processed for the same owner until after the completion of the revocation
process.
(C) What if a
provider voluntarily surrenders the license or voluntarily withdraws the application
during the revocation or denial process?
The voluntary surrender of a license or the withdrawal of an
application for licensure shall not prohibit the
ODJFS from revoking a license or denying an application.
(D) What happens if
an application has previously been denied or a provisional or continuous
license has been revoked?
(1) If a license of
a child care center, type A home or type B home is revoked, another license
shall not be issued to the owner of the center, type A home or type B home until
five years have elapsed from the date the license was revoked.
(2) If an
application for a child care center, type A home or type B home license is
denied, the applicant shall not be licensed until five years have elapsed from
the date the application was denied.
(3) If a family
child care provider was previously certified by the county agency and that
certification was revoked for a health and safety reason, he or she shall not
be licensed until five years have elapsed from the date the certification was
revoked.
(E) Which licensing
actions by the ODJFS gives the family child care
provider rights to a prior adjudicatory hearing in accordance with the
requirements of Chapter 119. of the Revised Code?
(1) Denial of an
application.
(2) Revocation of
an existing license, either provisional or continuous.
(3) The finding of
jurisdiction in accordance with rule 5101:2-13-01 of the Administrative Code.
(4) Issuance of a
license with authorization for license capacity which does not agree with the
authorization sought by the provider.
(5) Denial of a
continuous license at the expiration of the family child care provider's
provisional license.
(F) When can the ODJFS suspend a license?
The ODJFS may immediately suspend
the license of a family child care provider if the
ODJFS determines that any of the following have occurred:
(1) A child dies or
suffers a serious injury while receiving child care by the family child care
provider.
(2) A public
children services agency (PCSA) accepts a complaint of abuse or neglect pursuant
to section 2151.421 of the Revised Code on any of the following people:
(a) The owner or
owner's representative of the family child care home.
(b) The
administrator of the type A home, if not the owner or owner's representative
and if the administrator has not been released from employment or put on
administrative leave.
(c) An employee of
the family child care home, if the employee has not been released from
employment or put on administrative leave.
(d) A resident of
the family child care home.
(3) Any of the
following people have been charged by indictment, information, or complaint
with an offense relating to the abuse or neglect of a child:
(a) The owner or
owner's representative of the family child care home.
(b) The
administrator of the type A home, if not the owner or owner's representative
and if the administrator has not been released from employment or put on
administrative leave.
(c) An employee of
the family child care home, if the employee has not been released from
employment or put on administrative leave.
(d) A resident of
the family child care home.
(4) The ODJFS or a county agency determines that the
licensed family child care provider created a serious risk to the health or
safety of a child receiving child care in the family child care home that
resulted in or could have resulted in a child's death or injury.
(5) Any of the
following people have been charged by indictment, information or complaint with
fraud:
(a) The owner or
owner's representative of the family child care home.
(b) The
administrator of the type A home, if not the owner or owner's representative
and if the administrator has not been released from employment or put on
administrative leave.
(G) What happens if
a family child care provider's license is suspended?
(1) Upon receipt of
a suspension order from the ODJFS, the family
child care provider shall:
(a) Immediately
stop providing care to all children.
(b) Provide written
notification of the suspension to the parents of all children enrolled in the
home.
(2) Refusal of
delivery by personal service or by mail is not failure of delivery and service
shall be deemed to be complete.
(H) Can the family
child care provider request a review of the decision to suspend the license?
The family child care provider may request a review of the
decision to suspend the license pursuant to section 119.12 of the Revised Code.
(I) How long will
the license be suspended?
The suspension shall remain in effect until one of the following
occurs:
(1) The PCSA
completes its investigation pursuant to section 2151.421 of the Revised Code.
(2) All criminal
charges are disposed of through dismissal, a finding of not guilty, conviction
or a plea of guilty.
(3) The revocation
of the license is complete pursuant to this rule.
(J) Which ODJFS
licensing actions, ministerial in nature, are not subject to an administrative
hearing?
(1) Rejection by the ODJFS of any application for a license for
procedural reasons, such as but not limited to, improper fee payment,
incomplete submission of required materials or use of invalid forms.
(2) Denial of an
application pursuant to paragraph (D) of this rule.
(3) Closing a
license that has been in a temporary closure for more than twelve months
pursuant to rule 5101:2-13-02 of the Administrative Code.
(4) Closing a
license if the family child care provider is no longer located at the address
on the license and the owner has not requested a change of location or closure
pursuant to rule 5101:2-13-02 of the Administrative Code.
(K) Can the county
agency recommend denial of an application, suspension of a license or
revocation of a license to the ODJFS?
(1) The county
agency may recommend the denial of an application or revocation of a license
for any of the reasons detailed in paragraph (A) of this rule.
(2) The county
agency may recommend the suspension of a license for any of the reasons
detailed in paragraph (E) of this rule.
(3) The county
agency shall provide any requested documents to the
ODJFS,
(4) If a license
is revoked, the county agency shall contact any parents who are receiving
publicly funded child care services from the provider by telephone with follow
up written notification to inform the parent of the following:
(a) The provider's
license has been revoked.
(b) The
availability of alternate child care services.
(L) What does
"owner" mean?
(1) For the
purposes of paragraphs (B) and (D) of this rule, "owner" is as
defined in rule 5101:2-13-01 of the Administrative Code, except that
"owner" also includes a firm, organization, institution, or agency,
as well as any individual governing board members, partners, or authorized
representatives of the owner.
(2) For all other
paragraphs of this rule, "owner" is as defined in rule 5101:2-13-01
of the Administrative Code.
Effective: 10/29/2017
Five Year Review (FYR) Dates: 12/31/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.042, 5104.018, 5104.017
Rule Amplifies: 5104.03, 5104.018, 5104.042, 5104.04
Prior Effective Dates: 4/1/82, 9/1/86, 9/5/86, 2/15/88, 5/1/89,
11/1/91 (Emer.), 1/20/92, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/10/03, 7/1/03,
9/1/07, 8/14/08, 7/1/11, 9/29/11, 1/1/14, 10/25/15, 12/31/16