As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 407 5
1999-2000 6
REPRESENTATIVE HOOPS 8
_________________________________________________________________ 9
A B I L L
To amend Section 1 of Sub. H.B. 62 of the 121st 11
General Assembly, as subsequently amended, to 12
extend the pilot project that permits persons in
certain counties to provide day-care as type C 13
family day-care homes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 15
Section 1. That Section 1 of Sub. H.B. 62 of the 121st 17
General Assembly, as amended by Am. Sub. S.B. 160 of the 121st 18
General Assembly, be amended to read as follows: 20
"Sec. 1. (A) As used in this section: 26
(1) "Administrator" means the person responsible for the 29
daily operation of a family day-care home seeking certification 30
as a type C family day-care home. The administrator may be the 31
same person as the owner of the family day-care home. 32
(2) "Family day-care home" means the permanent residence 35
of an administrator in which the administrator provides or seeks 36
to provide privately funded child day-care. "Family day-care 37
home" does not mean a child day camp as defined in section 38
5104.01 of the Revised Code.
(3) "Child day-care," "owner," "publicly funded child 40
day-care," "type A family day-care home," and "type B family 41
day-care home" have the same meanings as in section 5104.01 of 43
the Revised Code.
(4) "School day" means the period of time during the day 46
when the children under the care of a family day-care home are 47
required to attend classes in the school in which they are 48
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enrolled.
(B)(1) The Department of Human Services shall establish in 50
Defiance, Fulton, Henry, Paulding, Putnam, Van Wert, and Williams 52
counties a pilot project under which a person may provide 53
day-care for one to nine children at one time and, if certified 54
under this section as a type C family day-care home, be exempt 55
from the requirements a type A family day-care home must meet 56
under Chapter 5104. of the Revised Code. The Department shall 57
implement the pilot project sixty days after the effective day of 58
this amendment MARCH 28, 1997, and shall terminate the project 59
three SIX years after it is implemented. 60
(2) A family day-care home may be certified as a type C 62
home if the home meets all of the requirements a type B family 63
day-care home must meet to be certified under Chapter 5104. of 64
the Revised Code to provide publicly funded child day-care, 65
except for any requirements limiting to six the number of 66
children who at one time may receive child day-care in a type B 67
home. All of the following apply to a family day-care home 68
certified as a type C home under division (B)(3) of this section: 69
(a) The home shall not provide publicly funded child 71
day-care.
(b) The home may provide child day-care at one time to six 73
children under age six, including not more than three children 74
under age two, who are not enrolled in school and for three 75
additional children who are enrolled in a grade of kindergarten 76
or above. In counting the number of children who may be present 77
at a type C home at one time, any children under age six who are 79
related to the administrator and are on the premises of the home 80
shall be counted. Child day-care may be provided to the three 81
additional school children during any of the following periods of 82
time:
(i) On days the children's school is open and conducting 84
classes, the home may provide child day-care to the children 85
prior to the start of the school day and after the end of the 86
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school day for an aggregate amount of time of not more than three 88
hours per day.
(ii) On days the children's school is not open and 90
conducting classes because of a weather emergency or school 91
holiday, the home may provide child day-care to the children for 92
all or any part of the day. 93
(iii) During the period of time between the end of classes 95
of one school year and the start of classes for the next school 96
year, the home may provide child day-care for the school children 98
for not more than three hours per day.
(c) The administrator of the type C home shall notify the 100
police and fire departments that serve the area in which the home 102
is located and the agency responsible for dispatching elements of 103
those departments that the home is a type C home.
(3) On or after the sixtieth day after the effective date 105
of this amendment MARCH 28, 1997, the administrator of a family 107
day-care home in a county included in the pilot project 108
established under division (B)(1) of this section may apply to 109
the county director of human services for certification of the 111
home as a type C home. The same application procedures and 112
certification process used to certify type B homes under section 113
5104.11 of the Revised Code shall be used to certify type C homes 114
under this section.
(C) Notwithstanding the definition of "type A family 116
day-care home" and "type A home" set forth in section 5104.01 of 118
the Revised Code, a certified type C family day-care home is not 119
subject to the requirements a type A family day-care home must 120
meet under Chapter 5104. of the Revised Code or rules adopted 121
under it. Notwithstanding the definition of a "food service
operation" set forth in section 3732.01 of the Revised Code, a 122
certified type C family day-care home shall not be considered a 123
food service operation.
(D) The Day-care Advisory Council established under 125
section 5104.08 of the Revised Code shall review the 126
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effectiveness of the pilot project established under division 127
(B)(1) of this section and shall review, investigate, and discuss 128
the possible establishment of new standards for child day-care 129
for school children. For purposes of conducting the reviews, 130
investigation, and discussion pursuant to this division, the 131
Council shall include as additional members two persons who are 133
parents, guardians, or custodians of children receiving private 134
child day-care in a certified type C home participating in the 135
pilot project established under division (B)(1) of this section; 136
two persons who are representatives of certified type C homes 137
participating in the pilot project; and two persons representing 138
the county departments of human services of the counties included 140
in the pilot project. The Council shall prepare a report of its 143
findings and recommendations and, not later than three months 144
prior to the termination date of the pilot project, shall submit 145
its report to the Governor, President of the Senate, and Speaker 146
of the House of Representatives. The six persons added to the 147
membership of the Council for purposes of conducting the reviews, 148
investigation, and discussion pursuant to this division shall 149
cease to be members of the Council at the time the Council makes 150
its report."
Section 2. That existing Section 1 of Sub. H.B. 62 of the 152
121st General Assembly, as amended by Am. Sub. S.B. 160 of the 153
121st General Assembly, is hereby repealed. 154