(A)"Absent day"
means any day that a child is authorized and scheduled to be in the care of the
provider, but is not in attendance, and child care would have been provided had
the child been present with the provider.
(B)"Adult"
means an individual who is age eighteen or older.
(C)"Authorization"
means the hours that a county agency determines that a child may receive publicly
funded child care from an eligible provider chosen by the caretaker. The authorization
shall be reasonably related to the number of hours of the caretaker's qualifying
activities.
(D)"Automated
child care system" means the automated electronic child care system that tracks
attendance and calculates payments for publicly funded child care.
(E)"Border state
child care provider" means a child care provider who is licensed, certified,
or otherwise approved by the border state to provide child care services. A border
state child care provider may provide publicly funded child care only to a recipient
who resides in an Ohio county.
(F)"Caretaker"
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,
as defined in this rule, with respect to a child and whose presence in the home
is needed as the caretaker of the child. Caretaker has the same meaning as "caretaker
parent" as defined in section 5104.01 of the Revised Code.
(G)"Child"
means an infant, toddler, preschool child, or school-age child up to age eighteen.
(H)"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 any part of the twenty-four-hour day; and
(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 Chapter 5104.
of the Revised Code to be licensed or approved by the Ohio department of job and
family services (ODJFS), 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.
(I)"Designee/Sponsor"
means the individual designated by the caretaker to record attendance for a child
receiving publicly funded child care at an authorized provider.
(1)The caretaker shall
not designate a child who is an infant, toddler or preschool child.
(2)The caretaker shall
not designate the authorized provider or anyone acting in any capacity for the provider.
(3)A school-age child
that is a designee/sponsor may only track attendance for themselves and other school-age
children authorized on the same case and to the same provider.
(J)"Eligibility
period" means a period of at least twelve months that a family is determined
eligible for publicly funded child care benefits, or the period until the family
no longer meets eligibility requirements or requests termination. The family's eligibility
period shall end on the first Saturday after the last day of the twelfth month of
eligibility unless the last day of the month is a Saturday.
(K)"Eligible
provider" means a child care provider who is eligible to receive public funds
in accordance with Chapter 5104. of the Revised Code, has
completed the provider agreement with the Ohio department of job and family services
(ODJFS) and has entered all required information in the provider portal. An eligible
provider includes all of the following: and rule 5101:2-16-09
of the Administrative Code.
(1)A licensed child care center.
(2)A licensed type A child care home.
(3)A licensed type B child care home.
(4)A certified in-home aide.
(5)A licensed school child care center.
(6)A licensed preschool program.
(7)A licensed school child program.
(8)An approved child day camp as defined in
rule 5101:2-18-01 of the Administrative Code.
(9)A border state child care provider.
(L)"Head Start
program" means a comprehensive child development program that receives federal
funds distributed under the "Head Start Act" 95 Stat. 499 (1981) which
includes early head start.
(M)"Homeless children" as defined
in 42 U.S.C. 11434a(2)(2015) means individuals who lack a fixed, regular, and adequate
nighttime residence (within the meaning of 42 U.S.C. 11302(a)(1)(2014), and includes
all of the following:
(1)Children who are sharing the housing of
other persons due to loss of housing, economic hardship, or a similar reason; are
living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative
adequate accommodations; are living in emergency or transitional shelters; or are
abandoned in hospitals.
(2)Children who have a primary nighttime residence
that is a public or private place not designed for or ordinarily used as a regular
sleeping accommodation for human beings (within the meaning of 42 U.S.C. 11302(a)(2)(C).
(3)Children who are living in cars, parks,
public spaces, abandoned buildings, substandard housing, bus or train stations,
or similar settings.
(4)Migratory children (as such term is defined
in section 1309 of the Elementary and Secondary Education Act of 1965) who qualify
as homeless for the purposes of this subtitle because the children are living in
circumstances described in paragraphs (M)(1) to (M)(3) of this rule.
(M)(N) "Income" means gross income, as defined
in rule 5101:2-16-345101:2-16-03
of the Administrative Code.
(N)(O) "Infant" means a child under eighteen
months of age.
(O)(P) "In loco parentis" means an adult who
is the caretaker of a child, including a relative, foster parent or stepparent,
who is charged with the rights, duties and responsibilities of a parent and whose
presence in the home is needed to perform these rights, duties and responsibilities.
(P)(Q) "Minor parent" means a caretaker who is
under age eighteen.
(Q)(R) "Preschool child" means a child who is
three years old or older but is not a school child.
(R)(S) "Professional development day" means a
day in which a provider would normally provide child care for currently enrolled
and scheduled children, but has closed to the public so that the provider and/or
child care staff may undergo training meant to improve their professional knowledge,
competence, skill and effectiveness as child care professionals.
(S)(T) "Publicly funded child care" is the care
of infants, toddlers, preschool children, and school-age children under age thirteen
by an eligible provider. 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-A, and Title XX, distributed by ODJFS.
(T)(U) "School-age child" means a child who
is enrolled in and attending a grade of kindergarten or above or who is of compulsory school age as defined in section 3321.01
of the Revised Code, 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.
(U)(V) "School hours" means the standardized
hours of school as determined by ODJFSdefined by the child's school. If the child is homeschooled, school
hours are defined by the public school the child would attend if not being homeschooled.
(V)(W) "School not in session" means a day during
the ODJFS defined school year when a school-age child is not able to attend school
due to an official school closure, including a delayed start
time or an early dismissal time.
(X)"School year" is defined by ODJFS
as the first Sunday in September through the last Saturday in May.
(W)"Special needs" means providing
child care services to a child who is under eighteen years old who does not function
according to age appropriate expectations in one or more of the following areas
of development: social/emotional, cognitive, communication, perceptual-motor, physical,
or behavioral development, or the child has chronic health issues. The child's delays/conditions
affect development to the extent that the child requires special adaptations, modified
facilities, program adjustments or related services on a regular basis in order
to function in an adaptive manner.
(Y)"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.
(X)(Z) "Step up to quality (SUTQ)" means the
tiered quality rating system for licensed child care programs in Ohio.
(Y)(AA)"Temporary absence" is when
a caretaker is out of the home for up to forty-five consecutive days with a definite
plan to return to the household.
(Z)(BB)"Toddler" means a child who
is at least eighteen months of age but is less than three years of age.
(AA)(CC)"Week" is the seven-day period
from twelve a.m. Sunday to eleven fifty-nine p.m. Saturday.
Effective: 10/20/2019
Five Year Review (FYR) Dates: 7/24/2019 and 10/20/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 10/10/2019
Promulgated Under: 119.03
Statutory Authority: 5104.30, 5104.34, 5104.38
Rule Amplifies: 5104.01, 5104.38, 5104.34, 5104.30
Prior Effective Dates: 02/11/1982, 09/01/1986, 05/01/1989 (Emer.),
09/28/1989, 04/01/1990 (Emer.), 06/22/1990, 07/01/1990 (Emer.), 09/30/1990, 05/01/1991
(Emer.), 07/29/1991, 11/01/1991 (Emer.), 01/20/1992, 03/02/1992 (Emer.), 07/30/1992,
01/01/1994, 10/01/1997 (Emer.), 12/30/1997, 02/22/2002, 06/09/2003, 07/01/2005 (Emer.),
10/01/2005, 02/01/2007, 10/21/2009, 03/28/2010, 08/28/2011, 05/04/2014, 07/10/2015,
09/28/2015, 12/16/2018