As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 176 5
1999-2000 6
REPRESENTATIVES WINKLER-BARRETT-BATEMAN-BENDER-JONES-KREBS- 8
LOGAN-D.MILLER-OPFER-SCHUCK-SCHULER- TERWILLEGER-VAN VYVEN-VESPER 10
_________________________________________________________________ 11
A B I L L
To amend sections 5104.01, 5104.08, 5104.31, 13
5104.32, 5104.35, 5104.36, and 5104.38 of the 14
Revised Code to authorize the use of child
day-care providers located in states bordering 15
Ohio for publicly funded child day-care. 16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 18
Section 1. That sections 5104.01, 5104.08, 5104.31, 20
5104.32, 5104.35, 5104.36, and 5104.38 of the Revised Code be 21
amended to read as follows: 22
Sec. 5104.01. As used in this chapter: 31
(A) "Administrator" means the person responsible for the 33
daily operation of a center or type A home. The administrator 34
and the owner may be the same person. 35
(B) "Approved child day camp" means a child day camp 37
approved pursuant to section 5104.22 of the Revised Code. 38
(C) "Authorized provider" means a person authorized by a 40
county director of human services to operate a certified type B 41
family day-care home. 42
(D) "BORDER STATE CHILD DAY-CARE PROVIDER" MEANS A CHILD 44
DAY-CARE PROVIDER THAT IS LOCATED IN A STATE BORDERING OHIO AND 46
THAT IS LICENSED, CERTIFIED, OR OTHERWISE APPROVED BY THAT STATE 48
TO PROVIDE CHILD DAY-CARE.
(E) "Caretaker parent" means the father or mother of a 50
child whose presence in the home is needed as the caretaker of 51
the child, a person who has legal custody of a child and whose 52
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presence in the home is needed as the caretaker of the child, a 53
guardian of a child whose presence in the home is needed as the 54
caretaker of the child, and any other person who stands in loco 55
parentis with respect to the child and whose presence in the home 56
is needed as the caretaker of the child. 57
(E)(F) "Certified type B family day-care home" and 59
"certified type B home" mean a type B family day-care home that 61
is certified by the director of the county department of human
services pursuant to section 5104.11 of the Revised Code to 62
receive public funds for providing child day-care pursuant to 63
this chapter and any rules adopted under it. 64
(F)(G) "Chartered nonpublic school" means a school that 66
meets standards for nonpublic schools prescribed by the state 67
board of education for nonpublic schools pursuant to section 68
3301.07 of the Revised Code. 69
(G)(H) "Child" includes an infant, toddler, preschool 71
child, or school child. 72
(H)(I) "Child care block grant act" means the "Child Care 75
and Development Block Grant Act of 1990," established in section 76
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 77
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 79
(I)(J) "Child day camp" means a program in which only 81
school children attend or participate, that operates for no more 82
than seven hours per day, that operates only during one or more 83
public school district's regular vacation periods or for no more 84
than fifteen weeks during the summer, and that operates outdoor 85
activities for each child who attends or participates in the 86
program for a minimum of fifty per cent of each day that children 87
attend or participate in the program, except for any day when 88
hazardous weather conditions prevent the program from operating 89
outdoor activities for a minimum of fifty per cent of that day. 90
For purposes of this division, the maximum seven hours of 91
operation time does not include transportation time from a 92
child's home to a child day camp and from a child day camp to a 93
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child's home. 94
(J)(K) "Child day-care" means administering to the needs 96
of infants, toddlers, preschool children, and school children 98
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 99
adoption for any part of the twenty-four-hour day in a place or 100
residence other than a child's own home. 101
(K)(L) "Child day-care center" and "center" mean any place 103
in which child day-care or publicly funded child day-care is 104
provided for thirteen or more children at one time or any place 105
that is not the permanent residence of the licensee or 106
administrator in which child day-care or publicly funded child 107
day-care is provided for seven to twelve children at one time. 108
In counting children for the purposes of this division, any 109
children under six years of age who are related to a licensee, 110
administrator, or employee and who are on the premises of the 111
center shall be counted. "Child day-care center" and "center" do 112
not include any of the following: 113
(1) A place located in and operated by a hospital, as 115
defined in section 3727.01 of the Revised Code, in which the 116
needs of children are administered to, if all the children whose 117
needs are being administered to are monitored under the on-site 118
supervision of a physician licensed under Chapter 4731. of the 119
Revised Code or a registered nurse licensed under Chapter 4723. 120
of the Revised Code, and the services are provided only for 121
children who, in the opinion of the child's parent, guardian, or 122
custodian, are exhibiting symptoms of a communicable disease or 123
other illness or are injured; 124
(2) A child day camp; 126
(3) A place that provides child day-care, but not publicly 129
funded child day-care, if all of the following apply: 130
(a) An organized religious body provides the child 133
day-care;
(b) A parent, custodian, or guardian of at least one child 136
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receiving child day-care is on the premises and readily 137
accessible at all times;
(c) The child day-care is not provided for more than 139
thirty days a year; 140
(d) The child day-care is provided only for preschool and 142
school children. 143
(L)(M) "Child day-care resource and referral service 145
organization" means a community-based nonprofit organization that 147
provides child day-care resource and referral services but not 148
child day-care.
(M)(N) "Child day-care resource and referral services" 150
means all of the following services: 151
(1) Maintenance of a uniform data base of all child 153
day-care providers in the community that are in compliance with 154
this chapter, including current occupancy and vacancy data; 155
(2) Provision of individualized consumer education to 157
families seeking child day-care; 158
(3) Provision of timely referrals of available child 160
day-care providers to families seeking child day-care; 161
(4) Recruitment of child day-care providers; 163
(5) Assistance in the development, conduct, and 165
dissemination of training for child day-care providers and 167
provision of technical assistance to current and potential child 168
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 170
demand for child day-care in the community; 171
(7) Technical assistance concerning locally, state, and 173
federally funded child day-care and early childhood education 174
programs;
(8) Stimulation of employer involvement in making child 176
day-care more affordable, more available, safer, and of higher 177
quality for their employees and for the community; 178
(9) Provision of written educational materials to 180
caretaker parents and informational resources to child day-care 181
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providers; 182
(10) Coordination of services among child day-care 184
resource and referral service organizations to assist in 185
developing and maintaining a statewide system of child day-care 186
resource and referral services if required by the department of 187
human services;
(11) Cooperation with the county department of human 189
services in encouraging the establishment of parent cooperative 190
child day-care centers and parent cooperative type A family 192
day-care homes.
(N)(O) "Child-care staff member" means an employee of a 194
child day-care center or type A family day-care home who is 195
primarily responsible for the care and supervision of children. 196
The administrator may be a part-time child-care staff member when 197
not involved in other duties. 198
(O)(P) "Drop-in child day-care center," "drop-in center," 200
"drop-in type A family day-care home," and "drop-in type A home" 202
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 203
irregular basis. 204
(P)(Q) "Employee" means a person who either: 206
(1) Receives compensation for duties performed in a child 208
day-care center or type A family day-care home; 209
(2) Is assigned specific working hours or duties in a 211
child day-care center or type A family day-care home. 212
(Q)(R) "Employer" means a person, firm, institution, 214
organization, or agency that operates a child day-care center or 215
type A family day-care home subject to licensure under this 216
chapter.
(R)(S) "Federal poverty line" means the official poverty 218
guideline as revised annually in accordance with section 673(2) 219
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 221
42 U.S.C. 9902, as amended, for a family size equal to the size 223
of the family of the person whose income is being determined. 224
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(S)(T) "Head start program" means a comprehensive child 226
development program that receives funds distributed under the 227
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 229
amended, or under section 3301.31 of the Revised Code. 230
(T)(U) "Income" means gross income, as defined in section 232
5107.10 of the Revised Code, less any amounts required by federal 234
statutes or regulations to be disregarded. 236
(U)(V) "Indicator checklist" means an inspection tool, 238
used in (U) "Indicator checklist" means an inspection tool, used 239
in conjunction with an instrument-based program monitoring 240
information system, that contains selected licensing requirements 241
that are statistically reliable indicators or predictors of a 242
child day-care center or type A family day-care home's compliance 243
with licensing requirements.
(V)(W) "Infant" means a child who is less than eighteen 246
months of age.
(W)(X) "In-home aide" means a person certified by a county 248
director of human services pursuant to section 5104.12 of the 249
Revised Code to provide publicly funded child day-care to a child 250
in a child's own home pursuant to this chapter and any rules 251
adopted under it. 252
(X)(Y) "Instrument-based program monitoring information 254
system" means a method to assess compliance with licensing 256
requirements for child day-care centers and type A family 257
day-care homes in which each licensing requirement is assigned a 258
weight indicative of the relative importance of the requirement 259
to the health, growth, and safety of the children that is used to 260
develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each 262
age category of children who may be cared for in a child day-care 263
center or type A family day-care home at one time as determined 264
by the director of human services considering building occupancy 265
limits established by the department of commerce, number of 266
available child-care staff members, amount of available indoor 267
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floor space and outdoor play space, and amount of available play 268
equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school 270
child program" means a preschool program or school child program, 271
as defined in section 3301.52 of the Revised Code, that is 272
licensed by the department of education pursuant to sections 273
3301.52 to 3301.59 of the Revised Code. 274
(AA)(BB) "Licensee" means the owner of a child day-care 276
center or type A family day-care home that is licensed pursuant 278
to this chapter and who is responsible for ensuring its 279
compliance with this chapter and rules adopted pursuant to this 280
chapter.
(BB)(CC) "Operate a child day camp" means to operate, 282
establish, manage, conduct, or maintain a child day camp. 283
(CC)(DD) "Owner" includes a person, as defined in section 285
1.59 of the Revised Code, or government entity. 286
(DD)(EE) "Parent cooperative child day-care center," 288
"parent cooperative center," "parent cooperative type A family 289
day-care home," and "parent cooperative type A home" mean a 290
corporation or association organized for providing educational 291
services to the children of members of the corporation or 292
association, without gain to the corporation or association as an 293
entity, in which the services of the corporation or association 294
are provided only to children of the members of the corporation 295
or association, ownership and control of the corporation or 296
association rests solely with the members of the corporation or 297
association, and at least one parent-member of the corporation or 298
association is on the premises of the center or type A home 299
during its hours of operation. 300
(EE)(FF) "Part-time child day-care center," "part-time 302
center," "part-time type A family day-care home," and "part-time 304
type A home" mean a center or type A home that provides child 305
day-care or publicly funded child day-care for no more than four 306
hours a day for any child. 307
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(FF)(GG) "Place of worship" means a building where 309
activities of an organized religious group are conducted and 311
includes the grounds and any other buildings on the grounds used 312
for such activities. 313
(GG)(HH) "Preschool child" means a child who is three 315
years old or older but is not a school child. 317
(HH)(II) "Protective day-care" means publicly funded child 319
day-care for the direct care and protection of a child to whom 320
either of the following applies: 321
(1) A case plan prepared and maintained for the child 323
pursuant to section 2151.412 of the Revised Code indicates a need 324
for protective day-care and the child resides with a parent, 325
stepparent, guardian, or another person who stands in loco 326
parentis as defined in rules adopted under section 5104.38 of the 327
Revised Code;
(2) The child and the child's caretaker either temporarily 329
reside in a facility providing emergency shelter for homeless 331
families or are determined by the county department of human 332
services to be homeless, and are otherwise ineligible for 333
publicly funded child day-care. 334
(II)(JJ) "Publicly funded child day-care" means 336
administering to the needs of infants, toddlers, preschool 338
children, and school children under age thirteen during any part 340
of the twenty-four-hour day by persons other than their caretaker 342
parents for remuneration wholly or in part with federal or state 343
funds, including child care block grant act funds, distributed by 344
the department of human services. 345
(JJ)(KK) "Religious activities" means any of the 347
following: worship or other religious services; religious 348
instruction; Sunday school classes or other religious classes 349
conducted during or prior to worship or other religious services; 351
youth or adult fellowship activities; choir or other musical 352
group practices or programs; meals; festivals; or meetings 353
conducted by an organized religious group. 354
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(KK)(LL) "School child" means a child who is enrolled in 356
or is eligible to be enrolled in a grade of kindergarten or above 358
but is less than fifteen years old. 359
(LL)(MM) "School child day-care center," "school child 361
center," "school child type A family day-care home," and "school 363
child type A family home" mean a center or type A home that 364
provides child day-care for school children only and that does 366
either or both of the following: 367
(1) Operates only during that part of the day that 369
immediately precedes or follows the public school day of the 370
school district in which the center or type A home is located; 371
(2) Operates only when the public schools in the school 373
district in which the center or type A home is located are not 374
open for instruction with pupils in attendance. 375
(MM)(NN) "Special needs day-care" means publicly funded 377
child day-care that is provided for a child who is physically or 379
developmentally handicapped, mentally retarded, or mentally ill. 380
(NN)(OO) "State median income" means the state median 382
income calculated by the department of development pursuant to 383
division (A)(1)(g) of section 5709.61 of the Revised Code. 384
(OO)(PP) "Toddler" means a child who is at least eighteen 386
months of age but less than three years of age. 387
(PP)(QQ) "Type A family day-care home" and "type A home" 389
mean a permanent residence of the administrator in which child 391
day-care or publicly funded child day-care is provided for seven 392
to twelve children at one time or a permanent residence of the 393
administrator in which child day-care is provided for four to 394
twelve children at one time if four or more children at one time 395
are under two years of age. In counting children for the 396
purposes of this division, any children under six years of age 397
who are related to a licensee, administrator, or employee and who 398
are on the premises of the type A home shall be counted. "Type A 399
family day-care home" does not include a residence in which the 400
needs of children are administered to, if all of the children 401
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whose needs are being administered to are siblings of the same 402
immediate family and the residence is the home of the siblings. 403
"Type A family day-care home" and "type A home" do not include 404
any child day camp. 405
(QQ)(RR) "Type B family day-care home" and "type B home" 407
mean a permanent residence of the provider in which child 408
day-care is provided for one to six children at one time and in 409
which no more than three children are under two years of age at 410
one time. In counting children for the purposes of this 411
division, any children under six years of age who are related to 412
the provider and who are on the premises of the type B home shall 413
be counted. "Type B family day-care home" does not include a 414
residence in which the needs of children are administered to, if 415
all of the children whose needs are being administered to are 416
siblings of the same immediate family and the residence is the 417
home of the siblings. "Type B family day-care home" and "type B 418
home" do not include any child day camp. 419
Sec. 5104.08. There is hereby created in the department of 428
human services a day-care advisory council to advise and assist 429
the department in the administration of this chapter and in the 430
development of child day-care. The council shall consist of 431
eighteen members appointed by the director of human services with 432
the approval of the governor. The director of human services, 433
the superintendent of public instruction, the director of health, 434
the director of commerce, and the state fire marshal shall serve 437
as nonvoting members of the council.
Six members shall be representatives of child day-care 439
centers subject to licensing, the members to represent a variety 440
of centers, including nonprofit and proprietary, from different 441
geographical areas of the state. At least three members shall be 442
parents, guardians, or custodians of children in a head start 443
program or receiving child day-care or publicly funded child 444
day-care in the child's own home, a center, type A home, 445
certified type B home, or type B home at the time of appointment. 446
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Three members shall be representatives of in-home aides, type A 447
homes, certified type B homes, or type B homes or head start 448
programs. At least two members shall represent county 449
departments of human services. The remaining members shall be 450
representatives of the teaching, child development, and health 451
professions, and other individuals interested in the welfare of 452
children. At least six members of the council shall not be 453
employees or licensees of a child day-care center or type A home, 454
or providers operating a certified type B home or type B home, or 455
in-home aides. 456
Six of the original appointments shall be for one year, six 458
for two years, and six for three years, and subsequent 459
appointments shall be for three-year terms. Vacancies shall be 460
filled for the unexpired terms. 461
The council shall advise the director on matters affecting 463
the licensing of centers and type A homes and the certification 464
of type B homes and in-home aides. The council shall make an 465
annual report to the director concerning the licensing, 466
certification, and regulation program, THE PROVISION OF PUBLICLY 467
FUNDED CHILD DAY-CARE BY BORDER STATE CHILD DAY-CARE PROVIDERS, 468
and the council's recommendations concerning such THE REGULATION 470
program AND BORDER STATE CHILD DAY-CARE PROVIDERS. Copies of the 471
report shall be PROVIDED TO THE DIRECTOR, GOVERNOR, SPEAKER AND 472
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND THE 473
PRESIDENT AND MINORITY LEADER OF THE SENATE AND, ON REQUEST, made 474
available to the public upon request. 475
Members of the council shall serve without compensation but 477
shall be reimbursed for necessary expenses. 478
Sec. 5104.31. Publicly funded child day-care may be 487
provided only by a THE FOLLOWING: 488
(A) A child day-care center or type A family day-care 491
home, including a parent cooperative child day-care center or 492
parent cooperative type A family day-care home, licensed by the 493
department of human services pursuant to section 5104.03 of the 495
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Revised Code, a; 496
(B) A type B family day-care home certified by the county 500
department of human services pursuant to section 5104.11 of the 502
Revised Code, a;
(C) A type B family day-care home that has received a 505
limited certification pursuant to rules adopted under division 506
(G)(1) of section 5104.011 of the Revised Code, an;
(D) AN in-home aide who has been certified by the county 511
department of human services pursuant to section 5104.12 of the 512
Revised Code, a; 513
(E) A child day camp approved pursuant to section 5104.22 516
of the Revised Code, a; 517
(F) A licensed preschool program, or a; 519
(G) A licensed school child program; 522
(H) A BORDER STATE CHILD DAY-CARE PROVIDER, EXCEPT THAT A 524
BORDER STATE CHILD DAY-CARE PROVIDER MAY PROVIDE PUBLICLY FUNDED 525
CHILD DAY-CARE ONLY TO AN INDIVIDUAL WHO RESIDES IN AN OHIO 526
COUNTY THAT BORDERS THE STATE IN WHICH THE PROVIDER IS LOCATED. 527
Sec. 5104.32. (A) Except as provided in division (C) of 537
this section, all purchases of publicly funded child day-care 538
shall be made under a contract entered into by a licensed child 539
day-care center, licensed type A family day-care home, certified 540
type B family day-care home, certified in-home aide, approved 541
child day camp, licensed preschool program, or licensed school 542
child program, OR BORDER STATE CHILD DAY-CARE PROVIDER and the 543
county department of human services. A county department of 544
human services may enter into a contract with a provider for 545
publicly funded child day-care for a specified period of time or 546
upon a continuous basis for an unspecified period of time. All 547
contracts for publicly funded child day-care shall be contingent 548
upon the availability of state and federal funds. The department 549
of human services shall prescribe a standard form to be used for 550
all contracts for the purchase of publicly funded child day-care, 551
regardless of the source of public funds used to purchase the 552
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child day-care. To the extent permitted by federal law and 553
notwithstanding any other provision of the Revised Code that 554
regulates state or county contracts or contracts involving the 555
expenditure of state, county, or federal funds, all contracts for 556
publicly funded child day-care shall be entered into in 557
accordance with the provisions of this chapter and are exempt 558
from any other provision of the Revised Code that regulates state 559
or county contracts or contracts involving the expenditure of 560
state, county, or federal funds. 561
(B) Each contract for publicly funded child day-care shall 563
specify at least the following: 564
(1) Except as provided in division (B)(2) of this section, 567
that the provider of publicly funded child day-care agrees to be 568
paid for rendering services at the lower of the rate customarily 569
charged by the provider for children enrolled for child day-care 570
or the rate of reimbursement established pursuant to section 571
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 573
day-care to caretaker parents who work nontraditional hours, that 574
the provider is to be paid for rendering services to those 575
caretaker parents at the rate of reimbursement established 576
pursuant to section 5104.30 of the Revised Code regardless of 578
whether that rate is higher than the rate the provider 579
customarily charges for children enrolled for child day-care; 580
(3) That, if a provider provides child day-care to an 582
individual potentially eligible for publicly funded child 583
day-care who is subsequently determined to be eligible, the 584
county department agrees to pay for all child day-care provided 585
between the date the county department receives the individual's 586
completed application and the date the individual's eligibility 587
is determined; 588
(4) Whether the county department of human services, the 590
provider, or a child day-care resource and referral service 591
organization will make eligibility determinations, whether the 592
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provider or a child day-care resource and referral service 593
organization will be required to collect information to be used 594
by the county department to make eligibility determinations, and 595
the time period within which the provider or child day-care 596
resource and referral service organization is required to 597
complete required eligibility determinations or to transmit to 598
the county department any information collected for the purpose 599
of making eligibility determinations; 600
(5) That the provider, OTHER THAN A BORDER STATE CHILD 602
DAY-CARE PROVIDER, shall continue to be licensed, approved, or 604
certified pursuant to this chapter or sections 3301.52 to 3301.59 605
of the Revised Code and shall comply with all standards and other 606
requirements in this chapter and those sections and in rules 607
adopted pursuant to this chapter or those sections for 608
maintaining the provider's license, approval, or certification; 609
(6) THAT, IN THE CASE OF A BORDER STATE CHILD DAY-CARE 611
PROVIDER, THE PROVIDER SHALL CONTINUE TO BE LICENSED, CERTIFIED, 612
OR OTHERWISE APPROVED BY THE STATE IN WHICH THE PROVIDER IS 614
LOCATED AND SHALL COMPLY WITH ALL STANDARDS AND OTHER 615
REQUIREMENTS ESTABLISHED BY THAT STATE FOR MAINTAINING THE
PROVIDER'S LICENSE, CERTIFICATE, OR OTHER APPROVAL; 616
(7) Whether the provider will be paid by the county 618
department of human services or the state department of human 619
services; 620
(7)(8) That the contract is subject to the availability of 622
state and federal funds. 623
(C) Unless specifically prohibited by federal law, the 625
county department of human services shall give individuals 626
eligible for publicly funded child day-care the option of 627
obtaining certificates for payment that the individual may use to 628
purchase services from any provider qualified to provide publicly 629
funded child day-care under section 5104.31 of the Revised Code. 630
Providers of publicly funded child day-care may present these 631
certificates for payment for reimbursement in accordance with 632
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rules that the department of human services shall adopt. Only 633
providers may receive reimbursement for certificates for payment. 634
The value of the certificate for payment shall be based on the 635
lower of the rate customarily charged by the provider or the rate 637
of reimbursement established pursuant to section 5104.30 of the 638
Revised Code, unless the provider provides publicly funded child 639
day-care to caretaker parents who work nontraditional hours, in 640
which case the value of the certificate for payment for the 641
services to those caretaker parents shall be based on the rate of 642
reimbursement established pursuant to that section regardless of 643
whether that rate is higher than the rate customarily charged by 644
the provider. The county department may provide the certificates 646
for payment to the individuals or may contract with child 647
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 648
publicly funded child day-care pursuant to contracts entered into 649
under section 5104.34 of the Revised Code for the providers or 650
resource and referral service organizations to provide the 651
certificates for payment to individuals whom they determine are 652
eligible for publicly funded child day-care. 653
Sec. 5104.35. (A) The county department of human services 662
shall do all of the following: 663
(1) Accept any gift, grant, or other funds from either 665
public or private sources offered unconditionally or under 666
conditions which are, in the judgment of the department, proper 667
and consistent with this chapter and deposit the funds in the 668
county public assistance fund established by section 5101.161 of 669
the Revised Code; 670
(2) Recruit individuals and groups interested in 672
certification as in-home aides or in developing and operating 673
suitable licensed child day-care centers, type A family day-care 674
homes, or certified type B family day-care homes, especially in 675
areas with high concentrations of recipients of public 676
assistance, and for that purpose provide consultation to 677
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interested individuals and groups on request; 678
(3) Inform clients of the availability of child day-care 680
services; 681
(4) Pay to a child day-care center, type A family day-care 683
home, certified type B family day-care home, in-home aide, 684
approved child day camp, licensed preschool program, or licensed 685
school child program, OR BORDER STATE CHILD DAY-CARE PROVIDER for 687
child day-care services, the amount provided for in division (B) 688
of section 5104.32 of the Revised Code. If part of the cost of 689
care of a child is paid by the child's parent or any other 690
person, the amount paid shall be subtracted from the amount the 691
county department pays. 693
(5) In accordance with rules adopted pursuant to section 695
5104.39 of the Revised Code, provide monthly reports to the 696
director of human services and the director of budget and 697
management regarding expenditures for the purchase of publicly 698
funded child day-care. 699
(B) The county department of human services may do any of 701
the following: 702
(1) To the extent permitted by federal law, use public 704
child day-care funds to extend the hours of operation of the 705
county department to accommodate the needs of working caretaker 706
parents and enable those parents to apply for publicly funded 707
child day-care; 708
(2) In accordance with rules adopted by the state 710
department of human services, request a waiver of the maximum 711
rate of assistance that is established by the state department of 712
human services pursuant to section 5104.30 of the Revised Code 713
for the purpose of paying a higher rate for publicly funded child 714
day-care based upon the special needs of a child, the special 715
circumstances of a family, or unique child day-care market 716
conditions; 717
(3) To the extent permitted by federal law, use state and 719
federal funds to pay deposits and other advance payments that a 720
17
provider of child day-care customarily charges all children who 721
receive child day-care from that provider; 722
(4) To the extent permitted by federal law, pay for up to 724
thirty days of child day-care for a child whose caretaker parent 725
is seeking employment, taking part in employment orientation 726
activities, or taking part in activities in anticipation of 727
enrollment or attendance in an education or training program or 728
activity, if the employment or education or training program or 729
activity is expected to begin within the thirty-day period. 730
Sec. 5104.36. The licensee or administrator of a child 739
day-care center or type A family day-care home, the authorized 740
provider of a certified type B family day-care home, the AN 741
in-home aide providing child day-care services, and the director 743
or administrator of an approved child day camp, AND A BORDER 744
STATE CHILD DAY-CARE PROVIDER shall keep a record for each 746
eligible child, to be made available to the county department of 747
human services or the department of human services on request. 748
The record shall include all of the following:
(A) The name and date of birth of the child; 750
(B) The name and address of his THE CHILD'S caretaker 752
parent;
(C) The name and address of the caretaker parent's place 754
of employment or program of education or training; 755
(D) The hours for which child day-care services have been 757
provided for the child; 758
(E) Any other information required by the county 760
department of human services or the state department of human 761
services. 762
Sec. 5104.38. In addition to any other rules adopted under 771
this chapter, the department of human services shall adopt rules 772
in accordance with Chapter 119. of the Revised Code governing 774
financial and administrative requirements for publicly funded
child day-care and establishing all of the following: 775
(A) Procedures and criteria to be used in making 777
18
determinations of eligibility for publicly funded child day-care 778
that give priority to children of families with lower incomes and 780
procedures and criteria for eligibility for publicly funded 781
protective day-care. The rules shall specify the maximum amount 782
of income a family may have for initial and continued 783
eligibility. The maximum amount shall not exceed one hundred 784
eighty-five per cent of the federal poverty line. 785
(B) Procedures under which a county department of human 787
services may, if the department, under division (A) of this 789
section, specifies a maximum amount of income a family may have 790
for eligibility for publicly funded child day-care that is less 791
than one hundred eighty-five per cent of the federal poverty 792
line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and 793
continued eligibility for publicly funded child day-care that is 794
higher than the amount specified by the department but does not 795
exceed one hundred eighty-five per cent of the federal poverty 796
line;
(C) A schedule of fees requiring all eligible caretaker 799
parents to pay a fee for publicly funded child day-care according 800
to income and family size, which shall be uniform for all types 801
of publicly funded child day-care, except as authorized by rule, 802
and, to the extent permitted by federal law, shall permit the use 804
of state and federal funds to pay the customary deposits and 805
other advance payments that a provider charges all children who 806
receive child day-care from that provider; 807
(D) A formula based upon a percentage of the county's 809
total expenditures for publicly funded child day-care for 810
determining the maximum amount of state and federal funds 811
appropriated for publicly funded child day-care that a county 812
department may use for administrative purposes; 813
(E) Procedures to be followed by the department and county 815
departments in recruiting individuals and groups to become 816
providers of child day-care; 817
19
(F) Procedures to be followed in establishing state or 819
local programs designed to assist individuals who are eligible 820
for publicly funded child day-care in identifying the resources 821
available to them and to refer the individuals to appropriate 822
sources to obtain child day-care; 823
(G) Procedures to deal with fraud and abuse committed by 825
either recipients or providers of publicly funded child day-care; 826
(H) Procedures for establishing a child day-care grant or 828
loan program in accordance with the child care block grant act; 829
(I) Standards and procedures for applicants to apply for 831
grants and loans, and for the department to make grants and 832
loans; 833
(J) A definition of "person who stands in loco parentis" 835
for the purposes of division (HH)(II)(1) of section 5104.01 of 837
the Revised Code;
(K) Any other rules necessary to carry out sections 839
5104.30 to 5104.39 of the Revised Code. 840
Section 2. That existing sections 5104.01, 5104.08, 842
5104.31, 5104.32, 5104.35, 5104.36, and 5104.38 of the Revised 843
Code are hereby repealed. 844