As Passed by the House 1
123rd General Assembly 4
Regular Session Am. H. B. No. 176 5
1999-2000 6
REPRESENTATIVES WINKLER-BARRETT-BATEMAN-BENDER-JONES-KREBS- 8
LOGAN-D.MILLER-OPFER-SCHUCK-SCHULER-TERWILLEGER- 10
VAN VYVEN-VESPER-WILLAMOWSKI-HAINES-CLANCY-
O'BRIEN-BRITTON-CAREY-PERZ-DISTEL-WILSON-HOLLISTER 11
_________________________________________________________________ 12
A B I L L
To amend sections 5104.01, 5104.08, 5104.31, 14
5104.32, 5104.35, 5104.36, and 5104.38 of the 15
Revised Code to authorize the use of child
day-care providers located in states bordering 16
Ohio for publicly funded child day-care. 17
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 5104.01, 5104.08, 5104.31, 21
5104.32, 5104.35, 5104.36, and 5104.38 of the Revised Code be 22
amended to read as follows: 23
Sec. 5104.01. As used in this chapter: 32
(A) "Administrator" means the person responsible for the 34
daily operation of a center or type A home. The administrator 35
and the owner may be the same person. 36
(B) "Approved child day camp" means a child day camp 38
approved pursuant to section 5104.22 of the Revised Code. 39
(C) "Authorized provider" means a person authorized by a 41
county director of human services to operate a certified type B 42
family day-care home. 43
(D) "BORDER STATE CHILD DAY-CARE PROVIDER" MEANS A CHILD 45
DAY-CARE PROVIDER THAT IS LOCATED IN A STATE BORDERING OHIO AND 47
THAT IS LICENSED, CERTIFIED, OR OTHERWISE APPROVED BY THAT STATE 49
TO PROVIDE CHILD DAY-CARE.
(E) "Caretaker parent" means the father or mother of a 51
2
child whose presence in the home is needed as the caretaker of 52
the child, a person who has legal custody of a child and whose 53
presence in the home is needed as the caretaker of the child, a 54
guardian of a child whose presence in the home is needed as the 55
caretaker of the child, and any other person who stands in loco 56
parentis with respect to the child and whose presence in the home 57
is needed as the caretaker of the child. 58
(E)(F) "Certified type B family day-care home" and 60
"certified type B home" mean a type B family day-care home that 62
is certified by the director of the county department of human
services pursuant to section 5104.11 of the Revised Code to 63
receive public funds for providing child day-care pursuant to 64
this chapter and any rules adopted under it. 65
(F)(G) "Chartered nonpublic school" means a school that 67
meets standards for nonpublic schools prescribed by the state 68
board of education for nonpublic schools pursuant to section 69
3301.07 of the Revised Code. 70
(G)(H) "Child" includes an infant, toddler, preschool 72
child, or school child. 73
(H)(I) "Child care block grant act" means the "Child Care 76
and Development Block Grant Act of 1990," established in section 77
5082 of the "Omnibus Budget Reconciliation Act of 1990," 104 78
Stat. 1388-236 (1990), 42 U.S.C. 9858, as amended. 81
(I)(J) "Child day camp" means a program in which only 83
school children attend or participate, that operates for no more 84
than seven hours per day, that operates only during one or more 85
public school district's regular vacation periods or for no more 86
than fifteen weeks during the summer, and that operates outdoor 87
activities for each child who attends or participates in the 88
program for a minimum of fifty per cent of each day that children 89
attend or participate in the program, except for any day when 90
hazardous weather conditions prevent the program from operating 91
outdoor activities for a minimum of fifty per cent of that day. 92
For purposes of this division, the maximum seven hours of 93
3
operation time does not include transportation time from a 94
child's home to a child day camp and from a child day camp to a 95
child's home. 96
(J)(K) "Child day-care" means administering to the needs 98
of infants, toddlers, preschool children, and school children 100
outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or 101
adoption for any part of the twenty-four-hour day in a place or 102
residence other than a child's own home. 103
(K)(L) "Child day-care center" and "center" mean any place 105
in which child day-care or publicly funded child day-care is 106
provided for thirteen or more children at one time or any place 107
that is not the permanent residence of the licensee or 108
administrator in which child day-care or publicly funded child 109
day-care is provided for seven to twelve children at one time. 110
In counting children for the purposes of this division, any 111
children under six years of age who are related to a licensee, 112
administrator, or employee and who are on the premises of the 113
center shall be counted. "Child day-care center" and "center" do 114
not include any of the following: 115
(1) A place located in and operated by a hospital, as 117
defined in section 3727.01 of the Revised Code, in which the 118
needs of children are administered to, if all the children whose 119
needs are being administered to are monitored under the on-site 120
supervision of a physician licensed under Chapter 4731. of the 121
Revised Code or a registered nurse licensed under Chapter 4723. 122
of the Revised Code, and the services are provided only for 123
children who, in the opinion of the child's parent, guardian, or 124
custodian, are exhibiting symptoms of a communicable disease or 125
other illness or are injured; 126
(2) A child day camp; 128
(3) A place that provides child day-care, but not publicly 131
funded child day-care, if all of the following apply: 132
(a) An organized religious body provides the child 135
4
day-care;
(b) A parent, custodian, or guardian of at least one child 138
receiving child day-care is on the premises and readily 139
accessible at all times;
(c) The child day-care is not provided for more than 141
thirty days a year; 142
(d) The child day-care is provided only for preschool and 144
school children. 145
(L)(M) "Child day-care resource and referral service 147
organization" means a community-based nonprofit organization that 149
provides child day-care resource and referral services but not 150
child day-care.
(M)(N) "Child day-care resource and referral services" 152
means all of the following services: 153
(1) Maintenance of a uniform data base of all child 155
day-care providers in the community that are in compliance with 156
this chapter, including current occupancy and vacancy data; 157
(2) Provision of individualized consumer education to 159
families seeking child day-care; 160
(3) Provision of timely referrals of available child 162
day-care providers to families seeking child day-care; 163
(4) Recruitment of child day-care providers; 165
(5) Assistance in the development, conduct, and 167
dissemination of training for child day-care providers and 169
provision of technical assistance to current and potential child 170
day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and 172
demand for child day-care in the community; 173
(7) Technical assistance concerning locally, state, and 175
federally funded child day-care and early childhood education 176
programs;
(8) Stimulation of employer involvement in making child 178
day-care more affordable, more available, safer, and of higher 179
quality for their employees and for the community; 180
5
(9) Provision of written educational materials to 182
caretaker parents and informational resources to child day-care 183
providers; 184
(10) Coordination of services among child day-care 186
resource and referral service organizations to assist in 187
developing and maintaining a statewide system of child day-care 188
resource and referral services if required by the department of 189
human services;
(11) Cooperation with the county department of human 191
services in encouraging the establishment of parent cooperative 192
child day-care centers and parent cooperative type A family 194
day-care homes.
(N)(O) "Child-care staff member" means an employee of a 196
child day-care center or type A family day-care home who is 197
primarily responsible for the care and supervision of children. 198
The administrator may be a part-time child-care staff member when 199
not involved in other duties. 200
(O)(P) "Drop-in child day-care center," "drop-in center," 202
"drop-in type A family day-care home," and "drop-in type A home" 204
mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary, 205
irregular basis. 206
(P)(Q) "Employee" means a person who either: 208
(1) Receives compensation for duties performed in a child 210
day-care center or type A family day-care home; 211
(2) Is assigned specific working hours or duties in a 213
child day-care center or type A family day-care home. 214
(Q)(R) "Employer" means a person, firm, institution, 216
organization, or agency that operates a child day-care center or 217
type A family day-care home subject to licensure under this 218
chapter.
(R)(S) "Federal poverty line" means the official poverty 220
guideline as revised annually in accordance with section 673(2) 221
of the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 223
6
42 U.S.C. 9902, as amended, for a family size equal to the size 226
of the family of the person whose income is being determined. 227
(S)(T) "Head start program" means a comprehensive child 229
development program that receives funds distributed under the 230
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as 233
amended, or under section 3301.31 of the Revised Code. 234
(T)(U) "Income" means gross income, as defined in section 236
5107.10 of the Revised Code, less any amounts required by federal 238
statutes or regulations to be disregarded. 240
(U)(V) "Indicator checklist" means an inspection tool, 242
used in (U) "Indicator checklist" means an inspection tool, used 243
in conjunction with an instrument-based program monitoring 244
information system, that contains selected licensing requirements 245
that are statistically reliable indicators or predictors of a 246
child day-care center or type A family day-care home's compliance 247
with licensing requirements.
(V)(W) "Infant" means a child who is less than eighteen 250
months of age.
(W)(X) "In-home aide" means a person certified by a county 252
director of human services pursuant to section 5104.12 of the 253
Revised Code to provide publicly funded child day-care to a child 254
in a child's own home pursuant to this chapter and any rules 255
adopted under it. 256
(X)(Y) "Instrument-based program monitoring information 258
system" means a method to assess compliance with licensing 260
requirements for child day-care centers and type A family 261
day-care homes in which each licensing requirement is assigned a 262
weight indicative of the relative importance of the requirement 263
to the health, growth, and safety of the children that is used to 264
develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each 266
age category of children who may be cared for in a child day-care 267
center or type A family day-care home at one time as determined 268
by the director of human services considering building occupancy 269
7
limits established by the department of commerce, number of 270
available child-care staff members, amount of available indoor 271
floor space and outdoor play space, and amount of available play 272
equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school 274
child program" means a preschool program or school child program, 275
as defined in section 3301.52 of the Revised Code, that is 276
licensed by the department of education pursuant to sections 277
3301.52 to 3301.59 of the Revised Code. 278
(AA)(BB) "Licensee" means the owner of a child day-care 280
center or type A family day-care home that is licensed pursuant 282
to this chapter and who is responsible for ensuring its 283
compliance with this chapter and rules adopted pursuant to this 284
chapter.
(BB)(CC) "Operate a child day camp" means to operate, 286
establish, manage, conduct, or maintain a child day camp. 287
(CC)(DD) "Owner" includes a person, as defined in section 289
1.59 of the Revised Code, or government entity. 290
(DD)(EE) "Parent cooperative child day-care center," 292
"parent cooperative center," "parent cooperative type A family 293
day-care home," and "parent cooperative type A home" mean a 294
corporation or association organized for providing educational 295
services to the children of members of the corporation or 296
association, without gain to the corporation or association as an 297
entity, in which the services of the corporation or association 298
are provided only to children of the members of the corporation 299
or association, ownership and control of the corporation or 300
association rests solely with the members of the corporation or 301
association, and at least one parent-member of the corporation or 302
association is on the premises of the center or type A home 303
during its hours of operation. 304
(EE)(FF) "Part-time child day-care center," "part-time 306
center," "part-time type A family day-care home," and "part-time 308
type A home" mean a center or type A home that provides child 309
8
day-care or publicly funded child day-care for no more than four 310
hours a day for any child. 311
(FF)(GG) "Place of worship" means a building where 313
activities of an organized religious group are conducted and 315
includes the grounds and any other buildings on the grounds used 316
for such activities. 317
(GG)(HH) "Preschool child" means a child who is three 319
years old or older but is not a school child. 321
(HH)(II) "Protective day-care" means publicly funded child 323
day-care for the direct care and protection of a child to whom 324
either of the following applies: 325
(1) A case plan prepared and maintained for the child 327
pursuant to section 2151.412 of the Revised Code indicates a need 328
for protective day-care and the child resides with a parent, 329
stepparent, guardian, or another person who stands in loco 330
parentis as defined in rules adopted under section 5104.38 of the 331
Revised Code;
(2) The child and the child's caretaker either temporarily 333
reside in a facility providing emergency shelter for homeless 335
families or are determined by the county department of human 336
services to be homeless, and are otherwise ineligible for 337
publicly funded child day-care. 338
(II)(JJ) "Publicly funded child day-care" means 340
administering to the needs of infants, toddlers, preschool 342
children, and school children under age thirteen during any part 344
of the twenty-four-hour day by persons other than their caretaker 346
parents for remuneration wholly or in part with federal or state 347
funds, including child care block grant act funds, distributed by 348
the department of human services. 349
(JJ)(KK) "Religious activities" means any of the 351
following: worship or other religious services; religious 352
instruction; Sunday school classes or other religious classes 353
conducted during or prior to worship or other religious services; 355
youth or adult fellowship activities; choir or other musical 356
9
group practices or programs; meals; festivals; or meetings 357
conducted by an organized religious group. 358
(KK)(LL) "School child" means a child who is enrolled in 360
or is eligible to be enrolled in a grade of kindergarten or above 362
but is less than fifteen years old. 363
(LL)(MM) "School child day-care center," "school child 365
center," "school child type A family day-care home," and "school 367
child type A family home" mean a center or type A home that 368
provides child day-care for school children only and that does 370
either or both of the following: 371
(1) Operates only during that part of the day that 373
immediately precedes or follows the public school day of the 374
school district in which the center or type A home is located; 375
(2) Operates only when the public schools in the school 377
district in which the center or type A home is located are not 378
open for instruction with pupils in attendance. 379
(MM)(NN) "Special needs day-care" means publicly funded 381
child day-care that is provided for a child who is physically or 383
developmentally handicapped, mentally retarded, or mentally ill. 384
(NN)(OO) "State median income" means the state median 386
income calculated by the department of development pursuant to 387
division (A)(1)(g) of section 5709.61 of the Revised Code. 388
(OO)(PP) "Toddler" means a child who is at least eighteen 390
months of age but less than three years of age. 391
(PP)(QQ) "Type A family day-care home" and "type A home" 393
mean a permanent residence of the administrator in which child 395
day-care or publicly funded child day-care is provided for seven 396
to twelve children at one time or a permanent residence of the 397
administrator in which child day-care is provided for four to 398
twelve children at one time if four or more children at one time 399
are under two years of age. In counting children for the 400
purposes of this division, any children under six years of age 401
who are related to a licensee, administrator, or employee and who 402
are on the premises of the type A home shall be counted. "Type A 403
10
family day-care home" does not include a residence in which the 404
needs of children are administered to, if all of the children 405
whose needs are being administered to are siblings of the same 406
immediate family and the residence is the home of the siblings. 407
"Type A family day-care home" and "type A home" do not include 408
any child day camp. 409
(QQ)(RR) "Type B family day-care home" and "type B home" 411
mean a permanent residence of the provider in which child 412
day-care is provided for one to six children at one time and in 413
which no more than three children are under two years of age at 414
one time. In counting children for the purposes of this 415
division, any children under six years of age who are related to 416
the provider and who are on the premises of the type B home shall 417
be counted. "Type B family day-care home" does not include a 418
residence in which the needs of children are administered to, if 419
all of the children whose needs are being administered to are 420
siblings of the same immediate family and the residence is the 421
home of the siblings. "Type B family day-care home" and "type B 422
home" do not include any child day camp. 423
Sec. 5104.08. There is hereby created in the department of 432
human services a day-care advisory council to advise and assist 433
the department in the administration of this chapter and in the 434
development of child day-care. The council shall consist of 435
eighteen members appointed by the director of human services with 436
the approval of the governor. The director of human services, 437
the superintendent of public instruction, the director of health, 438
the director of commerce, and the state fire marshal shall serve 441
as nonvoting members of the council.
Six members shall be representatives of child day-care 443
centers subject to licensing, the members to represent a variety 444
of centers, including nonprofit and proprietary, from different 445
geographical areas of the state. At least three members shall be 446
parents, guardians, or custodians of children in a head start 447
program or receiving child day-care or publicly funded child 448
11
day-care in the child's own home, a center, type A home, 449
certified type B home, or type B home at the time of appointment. 450
Three members shall be representatives of in-home aides, type A 451
homes, certified type B homes, or type B homes or head start 452
programs. At least two members shall represent county 453
departments of human services. The remaining members shall be 454
representatives of the teaching, child development, and health 455
professions, and other individuals interested in the welfare of 456
children. At least six members of the council shall not be 457
employees or licensees of a child day-care center or type A home, 458
or providers operating a certified type B home or type B home, or 459
in-home aides. 460
Six of the original appointments shall be for one year, six 462
for two years, and six for three years, and subsequent 463
appointments shall be for three-year terms. Vacancies shall be 464
filled for the unexpired terms. 465
The council shall advise the director on matters affecting 467
the licensing of centers and type A homes and the certification 468
of type B homes and in-home aides. The council shall make an 469
annual report to the director concerning the licensing, 470
certification, and regulation program, THE PROVISION OF PUBLICLY 471
FUNDED CHILD DAY-CARE BY BORDER STATE CHILD DAY-CARE PROVIDERS, 472
and the council's recommendations concerning such THE REGULATION 474
program AND BORDER STATE CHILD DAY-CARE PROVIDERS. Copies of the 475
report shall be PROVIDED TO THE DIRECTOR, GOVERNOR, SPEAKER AND 476
MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES, AND THE 477
PRESIDENT AND MINORITY LEADER OF THE SENATE AND, ON REQUEST, made 478
available to the public upon request. 479
Members of the council shall serve without compensation but 481
shall be reimbursed for necessary expenses. 482
Sec. 5104.31. Publicly funded child day-care may be 491
provided only by a THE FOLLOWING: 492
(A) A child day-care center or type A family day-care 495
home, including a parent cooperative child day-care center or 496
12
parent cooperative type A family day-care home, licensed by the 497
department of human services pursuant to section 5104.03 of the 499
Revised Code, a; 500
(B) A type B family day-care home certified by the county 504
department of human services pursuant to section 5104.11 of the 506
Revised Code, a;
(C) A type B family day-care home that has received a 509
limited certification pursuant to rules adopted under division 510
(G)(1) of section 5104.011 of the Revised Code, an;
(D) AN in-home aide who has been certified by the county 515
department of human services pursuant to section 5104.12 of the 516
Revised Code, a; 517
(E) A child day camp approved pursuant to section 5104.22 520
of the Revised Code, a; 521
(F) A licensed preschool program, or a; 523
(G) A licensed school child program; 526
(H) A BORDER STATE CHILD DAY-CARE PROVIDER, EXCEPT THAT A 528
BORDER STATE CHILD DAY-CARE PROVIDER MAY PROVIDE PUBLICLY FUNDED 529
CHILD DAY-CARE ONLY TO AN INDIVIDUAL WHO RESIDES IN AN OHIO 530
COUNTY THAT BORDERS THE STATE IN WHICH THE PROVIDER IS LOCATED. 531
Sec. 5104.32. (A) Except as provided in division (C) of 541
this section, all purchases of publicly funded child day-care 542
shall be made under a contract entered into by a licensed child 543
day-care center, licensed type A family day-care home, certified 544
type B family day-care home, certified in-home aide, approved 545
child day camp, licensed preschool program, or licensed school 546
child program, OR BORDER STATE CHILD DAY-CARE PROVIDER and the 547
county department of human services. A county department of 548
human services may enter into a contract with a provider for 549
publicly funded child day-care for a specified period of time or 550
upon a continuous basis for an unspecified period of time. All 551
contracts for publicly funded child day-care shall be contingent 552
upon the availability of state and federal funds. The department 553
of human services shall prescribe a standard form to be used for 554
13
all contracts for the purchase of publicly funded child day-care, 555
regardless of the source of public funds used to purchase the 556
child day-care. To the extent permitted by federal law and 557
notwithstanding any other provision of the Revised Code that 558
regulates state or county contracts or contracts involving the 559
expenditure of state, county, or federal funds, all contracts for 560
publicly funded child day-care shall be entered into in 561
accordance with the provisions of this chapter and are exempt 562
from any other provision of the Revised Code that regulates state 563
or county contracts or contracts involving the expenditure of 564
state, county, or federal funds. 565
(B) Each contract for publicly funded child day-care shall 567
specify at least the following: 568
(1) Except as provided in division (B)(2) of this section, 571
that the provider of publicly funded child day-care agrees to be 572
paid for rendering services at the lower of the rate customarily 573
charged by the provider for children enrolled for child day-care 574
or the rate of reimbursement established pursuant to section 575
5104.30 of the Revised Code;
(2) If the provider provides publicly funded child 577
day-care to caretaker parents who work nontraditional hours, that 578
the provider is to be paid for rendering services to those 579
caretaker parents at the rate of reimbursement established 580
pursuant to section 5104.30 of the Revised Code regardless of 582
whether that rate is higher than the rate the provider 583
customarily charges for children enrolled for child day-care; 584
(3) That, if a provider provides child day-care to an 586
individual potentially eligible for publicly funded child 587
day-care who is subsequently determined to be eligible, the 588
county department agrees to pay for all child day-care provided 589
between the date the county department receives the individual's 590
completed application and the date the individual's eligibility 591
is determined; 592
(4) Whether the county department of human services, the 594
14
provider, or a child day-care resource and referral service 595
organization will make eligibility determinations, whether the 596
provider or a child day-care resource and referral service 597
organization will be required to collect information to be used 598
by the county department to make eligibility determinations, and 599
the time period within which the provider or child day-care 600
resource and referral service organization is required to 601
complete required eligibility determinations or to transmit to 602
the county department any information collected for the purpose 603
of making eligibility determinations; 604
(5) That the provider, OTHER THAN A BORDER STATE CHILD 606
DAY-CARE PROVIDER, shall continue to be licensed, approved, or 608
certified pursuant to this chapter or sections 3301.52 to 3301.59 609
of the Revised Code and shall comply with all standards and other 610
requirements in this chapter and those sections and in rules 611
adopted pursuant to this chapter or those sections for 612
maintaining the provider's license, approval, or certification; 613
(6) THAT, IN THE CASE OF A BORDER STATE CHILD DAY-CARE 615
PROVIDER, THE PROVIDER SHALL CONTINUE TO BE LICENSED, CERTIFIED, 616
OR OTHERWISE APPROVED BY THE STATE IN WHICH THE PROVIDER IS 618
LOCATED AND SHALL COMPLY WITH ALL STANDARDS AND OTHER 619
REQUIREMENTS ESTABLISHED BY THAT STATE FOR MAINTAINING THE
PROVIDER'S LICENSE, CERTIFICATE, OR OTHER APPROVAL; 620
(7) Whether the provider will be paid by the county 622
department of human services or the state department of human 623
services; 624
(7)(8) That the contract is subject to the availability of 626
state and federal funds. 627
(C) Unless specifically prohibited by federal law, the 629
county department of human services shall give individuals 630
eligible for publicly funded child day-care the option of 631
obtaining certificates for payment that the individual may use to 632
purchase services from any provider qualified to provide publicly 633
funded child day-care under section 5104.31 of the Revised Code. 634
15
Providers of publicly funded child day-care may present these 635
certificates for payment for reimbursement in accordance with 636
rules that the department of human services shall adopt. Only 637
providers may receive reimbursement for certificates for payment. 638
The value of the certificate for payment shall be based on the 639
lower of the rate customarily charged by the provider or the rate 641
of reimbursement established pursuant to section 5104.30 of the 642
Revised Code, unless the provider provides publicly funded child 643
day-care to caretaker parents who work nontraditional hours, in 644
which case the value of the certificate for payment for the 645
services to those caretaker parents shall be based on the rate of 646
reimbursement established pursuant to that section regardless of 647
whether that rate is higher than the rate customarily charged by 648
the provider. The county department may provide the certificates 650
for payment to the individuals or may contract with child 651
day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for 652
publicly funded child day-care pursuant to contracts entered into 653
under section 5104.34 of the Revised Code for the providers or 654
resource and referral service organizations to provide the 655
certificates for payment to individuals whom they determine are 656
eligible for publicly funded child day-care. 657
Sec. 5104.35. (A) The county department of human services 666
shall do all of the following: 667
(1) Accept any gift, grant, or other funds from either 669
public or private sources offered unconditionally or under 670
conditions which are, in the judgment of the department, proper 671
and consistent with this chapter and deposit the funds in the 672
county public assistance fund established by section 5101.161 of 673
the Revised Code; 674
(2) Recruit individuals and groups interested in 676
certification as in-home aides or in developing and operating 677
suitable licensed child day-care centers, type A family day-care 678
homes, or certified type B family day-care homes, especially in 679
16
areas with high concentrations of recipients of public 680
assistance, and for that purpose provide consultation to 681
interested individuals and groups on request; 682
(3) Inform clients of the availability of child day-care 684
services; 685
(4) Pay to a child day-care center, type A family day-care 687
home, certified type B family day-care home, in-home aide, 688
approved child day camp, licensed preschool program, or licensed 689
school child program, OR BORDER STATE CHILD DAY-CARE PROVIDER for 691
child day-care services, the amount provided for in division (B) 692
of section 5104.32 of the Revised Code. If part of the cost of 693
care of a child is paid by the child's parent or any other 694
person, the amount paid shall be subtracted from the amount the 695
county department pays. 697
(5) In accordance with rules adopted pursuant to section 699
5104.39 of the Revised Code, provide monthly reports to the 700
director of human services and the director of budget and 701
management regarding expenditures for the purchase of publicly 702
funded child day-care. 703
(B) The county department of human services may do any of 705
the following: 706
(1) To the extent permitted by federal law, use public 708
child day-care funds to extend the hours of operation of the 709
county department to accommodate the needs of working caretaker 710
parents and enable those parents to apply for publicly funded 711
child day-care; 712
(2) In accordance with rules adopted by the state 714
department of human services, request a waiver of the maximum 715
rate of assistance that is established by the state department of 716
human services pursuant to section 5104.30 of the Revised Code 717
for the purpose of paying a higher rate for publicly funded child 718
day-care based upon the special needs of a child, the special 719
circumstances of a family, or unique child day-care market 720
conditions; 721
17
(3) To the extent permitted by federal law, use state and 723
federal funds to pay deposits and other advance payments that a 724
provider of child day-care customarily charges all children who 725
receive child day-care from that provider; 726
(4) To the extent permitted by federal law, pay for up to 728
thirty days of child day-care for a child whose caretaker parent 729
is seeking employment, taking part in employment orientation 730
activities, or taking part in activities in anticipation of 731
enrollment or attendance in an education or training program or 732
activity, if the employment or education or training program or 733
activity is expected to begin within the thirty-day period. 734
Sec. 5104.36. The licensee or administrator of a child 743
day-care center or type A family day-care home, the authorized 744
provider of a certified type B family day-care home, the AN 745
in-home aide providing child day-care services, and the director 747
or administrator of an approved child day camp, AND A BORDER 748
STATE CHILD DAY-CARE PROVIDER shall keep a record for each 750
eligible child, to be made available to the county department of 751
human services or the department of human services on request. 752
The record shall include all of the following:
(A) The name and date of birth of the child; 754
(B) The name and address of his THE CHILD'S caretaker 756
parent;
(C) The name and address of the caretaker parent's place 758
of employment or program of education or training; 759
(D) The hours for which child day-care services have been 761
provided for the child; 762
(E) Any other information required by the county 764
department of human services or the state department of human 765
services. 766
Sec. 5104.38. In addition to any other rules adopted under 775
this chapter, the department of human services shall adopt rules 776
in accordance with Chapter 119. of the Revised Code governing 778
financial and administrative requirements for publicly funded
18
child day-care and establishing all of the following: 779
(A) Procedures and criteria to be used in making 781
determinations of eligibility for publicly funded child day-care 782
that give priority to children of families with lower incomes and 784
procedures and criteria for eligibility for publicly funded 785
protective day-care. The rules shall specify the maximum amount 786
of income a family may have for initial and continued 787
eligibility. The maximum amount shall not exceed one hundred 788
eighty-five per cent of the federal poverty line. 789
(B) Procedures under which a county department of human 791
services may, if the department, under division (A) of this 793
section, specifies a maximum amount of income a family may have 794
for eligibility for publicly funded child day-care that is less 795
than one hundred eighty-five per cent of the federal poverty 796
line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and 797
continued eligibility for publicly funded child day-care that is 798
higher than the amount specified by the department but does not 799
exceed one hundred eighty-five per cent of the federal poverty 800
line;
(C) A schedule of fees requiring all eligible caretaker 803
parents to pay a fee for publicly funded child day-care according 804
to income and family size, which shall be uniform for all types 805
of publicly funded child day-care, except as authorized by rule, 806
and, to the extent permitted by federal law, shall permit the use 808
of state and federal funds to pay the customary deposits and 809
other advance payments that a provider charges all children who 810
receive child day-care from that provider; 811
(D) A formula based upon a percentage of the county's 813
total expenditures for publicly funded child day-care for 814
determining the maximum amount of state and federal funds 815
appropriated for publicly funded child day-care that a county 816
department may use for administrative purposes; 817
(E) Procedures to be followed by the department and county 819
19
departments in recruiting individuals and groups to become 820
providers of child day-care; 821
(F) Procedures to be followed in establishing state or 823
local programs designed to assist individuals who are eligible 824
for publicly funded child day-care in identifying the resources 825
available to them and to refer the individuals to appropriate 826
sources to obtain child day-care; 827
(G) Procedures to deal with fraud and abuse committed by 829
either recipients or providers of publicly funded child day-care; 830
(H) Procedures for establishing a child day-care grant or 832
loan program in accordance with the child care block grant act; 833
(I) Standards and procedures for applicants to apply for 835
grants and loans, and for the department to make grants and 836
loans; 837
(J) A definition of "person who stands in loco parentis" 839
for the purposes of division (HH)(II)(1) of section 5104.01 of 841
the Revised Code;
(K) Any other rules necessary to carry out sections 843
5104.30 to 5104.39 of the Revised Code. 844
Section 2. That existing sections 5104.01, 5104.08, 846
5104.31, 5104.32, 5104.35, 5104.36, and 5104.38 of the Revised 847
Code are hereby repealed. 848