(A) What are the
reasons an applicant may have an application denied or a licensed child care
center may have a provisional or continuous license revoked?
(1) The center is
not in compliance with Chapter 5101:2-12 of the Administrative Code or Chapter
5104. of the Revised Code.
(2) The owner or
administrator has pleaded guilty to or been convicted of
an offense specified in division (A)(5) of section 109.572 of the Revised Code
and does not meet the rehabilitation standards defined inbeen determined not eligible for employment as a result of the
background check requirements pursuant to rule 5101:2-12-09 of the Administrative Code.
(3) The owner has had a child removed from
his or her home due to abuse or neglect caused by the owner pursuant to section
2151.353 of the Revised Code.
(4)(3) The center fails to submit documentation or
information requested by the Ohio department of job and family services (ODJFS)
within required time frames.
(5)(4) The center has refused to allow the ODJFS staff access onto its premises or to any
area used for child care.
(6)(5) The center has furnished or made misleading or
false statements or reports to the ODJFS.
(7)(6) The center has accumulated eighteen or more
points from moderate or serious risk non-compliances in accordance with
appendix A to rule 5101:2-12-03 of the Administrative Code during the
provisional 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 5101:2-12 of the Administrative Code.
(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 child care center 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 child care center
license shall be processed for the same owner until after the completion of the
revocation process.
(C) What if a center
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 is 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 owner/applicant shall not be licensed
until five years have elapsed from the date the application was denied.
(3) If an
owner/applicant 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 give the center rights to an
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 5101:2-12-01 of the Administrative Code.
(4) Issuance of a
license with authorization for license capacity which does not agree with the
authorization sought by the center.
(5) Denial of a
continuous license at the expiration of the center's provisional license.
(F) When can the ODJFS suspend a license?
The ODJFS may immediately suspend
the license of a center 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 center.
(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 center
owner or owner's representative.
(b) The center
administrator, if the administrator has not been released from employment or
put on administrative leave.
(c) An employee of
the center, if the employee has not been released from employment or put on
administrative leave.
(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 center owner
or owner's representative.
(b) The center
administrator, if the administrator has not been released from employment or
put on administrative leave.
(c) An employee of
the center, if the employee has not been released from employment or put on
administrative leave.
(4) The ODJFS or a county agency determines that the center
created a serious risk to the health or safety of a child receiving child care
in the center 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 center
owner or owner's representative.
(b) The center
administrator, if the administrator has not been released from employment or
put on administrative leave.
(G) What happens if
a center's license is suspended?
(1) Upon receipt of
a suspension order from the ODJFS, the center
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
center.
(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 center
request a review of the decision to suspend the license?
The center 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 5101:2-12-02 of the Administrative Code.
(4) Closing a
license if the child care center 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 5101:2-12-02 of the Administrative Code.
(K) What does
"owner" mean?
(1) For the
purposes of paragraphs (B) and (D) of this rule, "owner" is as
defined in rule 5101:2-12-01 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 5101:2-12-01
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, 5104.015
Rule Amplifies: 5104.015, 5104.04, 5104.042
Prior Effective Dates: 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92,
4/1/03, 9/1/07, 8/14/08, 9/29/11, 10/25/15, 11/1/15, 12/31/16