(A)"Adult"
means an individual who is at least eighteen years of age.
(B)"Advanced
practice registered nurse (APRN)" means a certified registered nurse
anesthetist, clinical nurse specialist, certifed nurse-midwife or certified
nurse practitioner under Chapter 4723. of the Revised Code. This was previously
called advanced practice nurse (APN).
(C)"Approved
child day camp" means a child day camp that is approved
by the Ohio department of job and family services
(ODJFS) to enter into a provider agreement to provide publicly funded child
care pursuant to rule 5101:2-16-44 of the
Administrative Codesection 5104.22 of the Revised
Code.
(1)Approved child
day camps shall meet one of the following requirements:
(a)Be accredited
by the American camp association (ACA).
(b)Be accredited
by any nationally recognized organization that accredits child day camps by
using standards that the Ohio department of job and family services has
determined are substantially similar and comparable to those of the ACA.
(2)Approved child
day camps shall meet the requirements in sections 5104.21 and 5104.22 of the
Revised Code, and Chapter 5101:2-18 of the Administrative Code.
(D)"Certified
nurse practitioner (CNP)" means a registered nurse who holds a valid
certificate of authority issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as a CNP in accordance with section 4723.43
of the Revised Code and rules adopted by the board of nursing.
(E)"Child care" 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 part of the twenty-four-hour day;
(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 department of job and
family services, 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.
(E)(F) "Child day camp" means a program in
which only school-age children attend or participate,
that operates for no more than twelve hours per day and no more than fifteen
weeks during the summer. For purposes of this chapter, the maximum twelve hours
of operation time does not include transportation time from a child's home to a
child day camp and from a child day camp to a child's home. The child day camp's program shall meet the following requirements:
(1)The child day camp shall operate no
longer than seven hours per day. The seven hours do not include transporation
time from a child's home to the child day camp and from a child day camp to a
child's home, and does not include transportation to and from pick-up and
drop-off sites which are not the child's home.
(a)The program may schedule one or more
overnight activities in conjunction with its child day camp operation.
(b)The child day camp may serve children
for more than twenty-four consecutive hours while also serving school children
who attend seven or fewer hours per day.
(2)The child day camp shall operate only
during one or more public school district's regular vacation periods or for no
more than fifteen weeks during the summer.
(3)The child day camp shall operate
outdoor activities for all children who participate in the program for a
minimum of fifty per cent of each day that children attend or participate in
the program, except for any day when hazardous weather conditions prevent the
program from operating outdoor activities for a minimum of fifty per cent of
that day.
(F)(G) "Child day camp administrator" means
the individual who holds overall responsibility for administration of the child
day camp. The administrator and the owner may be the same person. The
administrator is also a child day camp staff member.
(G)(H) "Child day camp owner" includes a
person, firm, organization, institution or agency who operates a child day
camp.
(H)(I) "Child day camp staff member" means
any individual employed by an approved child day camp
who is responsible for the care and supervision of the children an employee of an approved child day camp who is primarily
responsible for the care and supervision of children. The administrator, authorized
representative or owner may be a child day camp staff member when not involved
in other duties.
(I)(J) "Employee" means a person who is at least fifteen years old, receives compensation for
duties performed at an approved child day camp or has assigned work hours or
duties at an approved child day camp.either:
(1)Receives compensation for duties
performed in an approved child day camp; or
(2)Is assigned specific working hours or
duties in an approved child day camp.
(J)(K) "Field trips" means infrequent or
irregularly scheduled excursions from the camp.
(K)(L) "Hazardous weather conditions" means
winds of twenty miles per hour or greater, continuous or heavy rain, hail,
extreme temperatures, lightening or tornado warnings or watches within a twenty
mile radius of a child day camp activity site.
(L)(M) "Medication" means any substance or
preparation which is used to prevent or treat a wound, injury, infection,
infirmity or disease. This includes medication that is over the counter, or
prescribed or recommended by a physician or advance practice nurse certified to
prescribe medication and permitted by the parent for administration or
application.
(M)(N) "Natural bodies of water" mean any
river, stream, creek or spring or any natural or man-made lake or pond.
(N)(O) "On-site" means to be at a primary
use space where regular child day camp programming takes place.
(O)(P) "Operate a child day camp" means to
operate, establish, manage, conduct, or maintain a child day camp.
(P)(Q) "Parent" means the father or mother
of a child, an adult who has legal custody of a child, an adult who is the
guardian of the child, or an adult who stands in loco parentis with respect to
a child, and whose presence in the home is needed as the caretaker of the
child. Parent has the same meaning as "caretaker parent" as defined
in section 5104.01 of the Revised Code.
(Q)(R) "Physician" means a person issued a
certificate to practice in accordance with Chapter 4731. of the Revised Code or
rules adopted by the state medical board of a comparable body in another state.
(R)(S) "Physician assistant (PA)" means a
person who has obtained a valid certificate to practice in accordance with
Chapter 4730. of the Revised Code or rules adopted by the state medical board
of another state.
(S)(T) "Primary use space" means any space,
including buildings and/or tracts of land, that is used by the child day camp
at least seventy per cent of the day for programming purposes involving the
enrolled children. Primary use spaces do not include areas that are not owned,
rented or operated by the camp such as field trip locations or routine trip
locations.
(T)(U) "Primitive campsite" means any
outdoor space in a natural environment without access to electricity, water
supply systems, central food service, sewage treatment facilities and/or
housing.
(U)(V) "Public children services agency
(PCSA)" means an entity specified in section 5153.02 of the Revised Code
that has assumed the powers and duties of the children services function
prescribed by Chapter 5153. of the Revised Code for a county.
(V)(W) "Registered child day camp" means a
camp that has completed and submitted a registration and fee to ODJFS for the
purpose of reporting the operation of a child day camp. Registered child day
camps are assigned a registration number and are included in the ODJFS
searchable database of child care providers in the state of Ohio. Registered
child day camps mustshall
abide by rule 5101:2-18-02 of the Administrative Code, but are not considered
"approved child day camps" and are not required to abide by the rules
in Chapter 5101:2-18 of the Administrative Code that refer to camps approved to
provide publicly funded child care.
(W)(X) "Routine trips" means repeated
excursions off the child day camp premises which regularly occur on a
previously scheduled basis with parental permission.
(X)(Y) "School-age child" means a child who
is enrolled in or is eligible to be enrolled in a grade of kindergarten or
above but is less than fifteen years old, unless the
child meets the definition of special needs as defined in this rule or, in the case of a child who is receiving special needs
child care, is less than eighteen years old.
(Y)"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/condition(s) 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.
(Z)"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.
(Z)(AA)"Specialized activities" means
those camp program activities that meet one or more of the following:
(1)Require a
specialized skill set or knowledge.
(2)Use equipment,
animals or tools that require supervision by a person skilled in their use.
(3)Involve the
use of fire or the use of heat-producing equipment or substances.
(4)Require
injury-protection equipment, such as, but not limited to, helmets, goggles or
padding.
(5)Consist of
specific sport related programs only, such as, but not limited to, baseball,
lacrosse, soccer, etc.
(AA) "Summer" means the first Sunday
after the last Saturday in May through the Saturday before the first Sunday in
September.
Effective: 12/1/2019
Five Year Review (FYR) Dates: 4/16/2023
Certification: CERTIFIED ELECTRONICALLY
Date: 11/21/2019
Promulgated Under: 119.03
Statutory Authority: 5104.21, 5104.22
Rule Amplifies: 5104.01, 5104.21, 5104.22
Prior Effective Dates: 03/16/1993 (Emer.), 09/01/1993,
04/01/2009, 07/20/2014, 04/16/2018