As Passed by the House 1
123rd General Assembly 4
Regular Session H. B. No. 407 5
1999-2000 6
REPRESENTATIVES HOOPS-WINKLER-FLANNERY-ALLEN-BOYD-O'BRIEN- 8
BUEHRER-BRADING-SCHULER-HOLLISTER-CORBIN-YOUNG-METTLER-BENDER 9
_________________________________________________________________ 10
A B I L L
To amend Section 1 of Sub. H.B. 62 of the 121st 12
General Assembly, as subsequently amended, to 13
extend the pilot project that permits persons in
certain counties to provide day-care as type C 14
family day-care homes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 16
Section 1. That Section 1 of Sub. H.B. 62 of the 121st 18
General Assembly, as amended by Am. Sub. S.B. 160 of the 121st 19
General Assembly, be amended to read as follows: 21
"Sec. 1. (A) As used in this section: 27
(1) "Administrator" means the person responsible for the 30
daily operation of a family day-care home seeking certification 31
as a type C family day-care home. The administrator may be the 32
same person as the owner of the family day-care home. 33
(2) "Family day-care home" means the permanent residence 36
of an administrator in which the administrator provides or seeks 37
to provide privately funded child day-care. "Family day-care 38
home" does not mean a child day camp as defined in section 39
5104.01 of the Revised Code.
(3) "Child day-care," "owner," "publicly funded child 41
day-care," "type A family day-care home," and "type B family 42
day-care home" have the same meanings as in section 5104.01 of 44
the Revised Code.
(4) "School day" means the period of time during the day 47
when the children under the care of a family day-care home are 48
2
required to attend classes in the school in which they are 49
enrolled.
(B)(1) The Department of Human Services shall establish in 51
Defiance, Fulton, Henry, Paulding, Putnam, Van Wert, and Williams 53
counties a pilot project under which a person may provide 54
day-care for one to nine children at one time and, if certified 55
under this section as a type C family day-care home, be exempt 56
from the requirements a type A family day-care home must meet 57
under Chapter 5104. of the Revised Code. The Department shall 58
implement the pilot project sixty days after the effective day of 59
this amendment MARCH 28, 1997, and shall terminate the project 60
three SIX years after it is implemented. 61
(2) A family day-care home may be certified as a type C 63
home if the home meets all of the requirements a type B family 64
day-care home must meet to be certified under Chapter 5104. of 65
the Revised Code to provide publicly funded child day-care, 66
except for any requirements limiting to six the number of 67
children who at one time may receive child day-care in a type B 68
home. All of the following apply to a family day-care home 69
certified as a type C home under division (B)(3) of this section: 70
(a) The home shall not provide publicly funded child 72
day-care.
(b) The home may provide child day-care at one time to six 74
children under age six, including not more than three children 75
under age two, who are not enrolled in school and for three 76
additional children who are enrolled in a grade of kindergarten 77
or above. In counting the number of children who may be present 78
at a type C home at one time, any children under age six who are 80
related to the administrator and are on the premises of the home 81
shall be counted. Child day-care may be provided to the three 82
additional school children during any of the following periods of 83
time:
(i) On days the children's school is open and conducting 85
classes, the home may provide child day-care to the children 86
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prior to the start of the school day and after the end of the 87
school day for an aggregate amount of time of not more than three 89
hours per day.
(ii) On days the children's school is not open and 91
conducting classes because of a weather emergency or school 92
holiday, the home may provide child day-care to the children for 93
all or any part of the day. 94
(iii) During the period of time between the end of classes 96
of one school year and the start of classes for the next school 97
year, the home may provide child day-care for the school children 99
for not more than three hours per day.
(c) The administrator of the type C home shall notify the 101
police and fire departments that serve the area in which the home 103
is located and the agency responsible for dispatching elements of 104
those departments that the home is a type C home.
(3) On or after the sixtieth day after the effective date 106
of this amendment MARCH 28, 1997, the administrator of a family 108
day-care home in a county included in the pilot project 109
established under division (B)(1) of this section may apply to 110
the county director of human services for certification of the 112
home as a type C home. The same application procedures and 113
certification process used to certify type B homes under section 114
5104.11 of the Revised Code shall be used to certify type C homes 115
under this section.
(C) Notwithstanding the definition of "type A family 117
day-care home" and "type A home" set forth in section 5104.01 of 119
the Revised Code, a certified type C family day-care home is not 120
subject to the requirements a type A family day-care home must 121
meet under Chapter 5104. of the Revised Code or rules adopted 122
under it. Notwithstanding the definition of a "food service
operation" set forth in section 3732.01 of the Revised Code, a 123
certified type C family day-care home shall not be considered a 124
food service operation.
(D) The Day-care Advisory Council established under 126
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section 5104.08 of the Revised Code shall review the 127
effectiveness of the pilot project established under division 128
(B)(1) of this section and shall review, investigate, and discuss 129
the possible establishment of new standards for child day-care 130
for school children. For purposes of conducting the reviews, 131
investigation, and discussion pursuant to this division, the 132
Council shall include as additional members two persons who are 134
parents, guardians, or custodians of children receiving private 135
child day-care in a certified type C home participating in the 136
pilot project established under division (B)(1) of this section; 137
two persons who are representatives of certified type C homes 138
participating in the pilot project; and two persons representing 139
the county departments of human services of the counties included 141
in the pilot project. The Council shall prepare a report of its 144
findings and recommendations and, not later than three months 145
prior to the termination date of the pilot project, shall submit 146
its report to the Governor, President of the Senate, and Speaker 147
of the House of Representatives. The six persons added to the 148
membership of the Council for purposes of conducting the reviews, 149
investigation, and discussion pursuant to this division shall 150
cease to be members of the Council at the time the Council makes 151
its report."
Section 2. That existing Section 1 of Sub. H.B. 62 of the 153
121st General Assembly, as amended by Am. Sub. S.B. 160 of the 154
121st General Assembly, is hereby repealed. 155