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