Appendix A - Family Child Care Staff Member
Appendix B - Substitute Requirements
(A) What are the
requirements for an employee of a family child care provider?
(1) An employee
shall have on file a completed medical statement that meets the requirements of
appendix B to rule 5101:2-13-02 of the Administrative Code.
(2) The completed
medical statement shall be on file on or before the employee's first day of
employment.
(B) What are the
requirements for a child care staff member of a family child care provider?
A child care staff member:
(1) Shall meet all
of the requirements detailed in appendix A to this rule.
(2) Shall meet all
training requirements prescribed in rule 5101:2-13-10 of the Administrative
Code.
(3) Shall complete
the staff orientation training as prescribed by the Ohio department of job and
family services (ODJFS) within thirty days of starting employment unless the child care staff member has documentation of
completion of the training after December 31, 2016.
(a) The online
training may be used for up to six hours of professional development pursuant
to rule 5101:2-13-10 of the Administrative Code.
(b) Completion of
the training shall be documented with verification from the Ohio professional
registry.
(c) Once a child care staff member has
completed this orientation training and then begins employment with another
licensed family child care provider, the child care staff member shall complete
the online training again if it has been more than five years since the
orientation was last completed.
(d) Child care staff members employed before
the effective date of this rule shall have until June 30, 2017 to complete the
online orientation.
(4) May be used to
meet group size and supervision requirements but shall not be left alone with
the children until the orientation training is completed.
(5) May act in the
provider's place during an inspection if the provider is not present.
(C) What
documentation is required to be on file for a child care staff member?
(1) The licensed
family child care provider shall maintain documentation for each current staff
member on file at the home.
(2) Employment
records shall be made available upon request by the county agency or by the
ODJFS for at least three years after each staff member's departure.
(3) Employment records
shall include days and hours worked, duties and group assignments, if
applicable.
(D) What shall be
reviewed with a child care staff member at the time of employment?
The licensed family child care provider shall review all family
child care policies, procedures and licensing rules with each child care staff
member.
(E) Do child care
staff members have whistle blower protection?
No employer shall discharge, demote, suspend or threaten to
discharge, demote, suspend or in any manner discriminate against any employee
based solely on the employee taking any of the following actions:
(1) Making any good
faith oral or written complaint to the ODJFS or other agency responsible for
enforcing Chapter 5104. of the Revised Code regarding a violation of this
chapter or the rules adopted pursuant to Chapter 5104. of the Revised Code;
(2) Instituting or
causing to be instituted any proceeding against the employer under section
5104.04 of the Revised Code;
(3) Acting as a
witness in any proceeding under section 5104.04 of the Revised Code;
(4) Refusing to
perform work that constitutes a violation of Chapter 5104., or the rules
adopted pursuant to Chapter 5104. of the Revised Code.
(F) What are the
requirements for a family child care provider substitute child care staff member?
If the family child care provider chooses to utilize a
substitute, the substitute shall:
(1) Meet all of the
requirements detailed in appendix B to this rule.
(2) Complete the staff orientation training
as prescribed by the Ohio department of job and family services (ODJFS) within
thirty days of starting employment unless the child care staff member has
documentation of completion of the training after December 31, 2016.
Substitutes employed prior to the effective date of this rule shall complete the
orientation by January 1, 2018.
(2)(3) Follow all of the requirements in rule
5101:2-13-19 of the Administrative Code.
(G) What are the
requirements for using a substitute caregiver?
(1) Substitute
child care shall occur only in the family child care home to which the children
are authorized.
(2) The licensed
family child care provider shall ensure that the substitute and child care
staff members have the following information at the time child care services
are provided:
(a) Telephone
number where the provider can be reached.
(b) Location of
first aid supplies.
(c) Child records
detailed in rule 5101:2-13-15 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: 5104.018, 5104.017
Rule Amplifies: 5104.017, 5104.018
Prior Effective Dates: 4/1/82, 5/20/83, 9/1/86, 9/5/86, 2/15/88,
5/1/89, 7/1/95, 3/15/96, 10/1/97 (Emer.), 12/30/97, 4/1/03, 7/1/03, 8/14/08, 1/1/07,
6/1/07, 7/1/11, 12/1/11, 1/1/14, 12/31/16