(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 been 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 center
fails to submit documentation or information requested by the Ohio department
of job and family services (ODJFS) within required time frames.
(4)The center has
refused to allow ODJFS staff access onto its premises or to any area used for
child care.
(5)The center has
furnished or made misleading or false statements or reports to ODJFS.
(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.
(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 an 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 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, or an in-home aide
certification 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 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.
(4)If the certification of an in-home aide
is revoked, the applicant shall not be issued a child care center license until
five years have elapsed from the date the certification was revoked.
(E)Which
licensing actions by 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 ODJFS
suspend a license?
ODJFS may immediately suspend the license of a center if 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 immediately
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)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)ODJFS determines that the owner or
licensee of the center does not meet the requirements of section 5104.013 of
the Revised Code.
(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 written suspension order from ODJFS, delivered either by certified mail or in person, 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 an adjudicatory
hearing before the departmenta review of the
decision to suspend the license pursuant to section sections 119.06 to 119.12 of the Revised Code.
(I)How long
will the license be suspended?
The suspension shall remain in effect until one any of the following
occurs:
(1)The PCSA
completes its investigation pursuant to section 2151.421 of the Revised Code and determines that all of the allegations are
unsubstantiated.
(2)All criminal
charges are disposed of through dismissal, or a finding of
not guilty, conviction, or a plea of guilty.
(3)Pursuant to Chapter 119. of the Revised
Code, ODJFS issues a final order terminating the suspension.
(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
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: 12/1/2019
Five Year Review (FYR) Dates: 12/31/2021
Certification: CERTIFIED ELECTRONICALLY
Date: 11/21/2019
Promulgated Under: 119.03
Statutory Authority: 5104.015, 5104.042
Rule Amplifies: 5104.015, 5104.04, 5104.042
Prior Effective Dates: 03/01/1981, 09/01/1986, 01/02/1992
(Emer.), 04/01/1992, 04/01/2003, 09/01/2007, 08/14/2008, 09/29/2011,
10/25/2015, 11/01/2015, 12/31/2016, 10/29/2017