As Reported by the Senate Health, Human Services 2
and Aging Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 407 6
1999-2000 7
REPRESENTATIVES HOOPS-WINKLER-FLANNERY-ALLEN-BOYD-O'BRIEN- 9
BUEHRER-BRADING-SCHULER-HOLLISTER-CORBIN-YOUNG-METTLER-BENDER- 10
SENATOR DRAKE 11
_________________________________________________________________ 13
A B I L L
To amend Section 1 of Sub. H.B. 62 of the 121st 15
General Assembly, as subsequently amended, to 16
extend the pilot project that permits persons in
certain counties to provide day-care as type C 17
family day-care homes and to declare an 18
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That Section 1 of Sub. H.B. 62 of the 121st 22
General Assembly, as amended by Am. Sub. S.B. 160 of the 121st 23
General Assembly, be amended to read as follows: 25
"Sec. 1. (A) As used in this section: 31
(1) "Administrator" means the person responsible for the 34
daily operation of a family day-care home seeking certification 35
as a type C family day-care home. The administrator may be the 36
same person as the owner of the family day-care home. 37
(2) "Family day-care home" means the permanent residence 40
of an administrator in which the administrator provides or seeks 41
to provide privately funded child day-care. "Family day-care 42
home" does not mean a child day camp as defined in section 43
5104.01 of the Revised Code.
(3) "Child day-care," "owner," "publicly funded child 45
day-care," "type A family day-care home," and "type B family 46
day-care home" have the same meanings as in section 5104.01 of 48
2
the Revised Code.
(4) "School day" means the period of time during the day 51
when the children under the care of a family day-care home are 52
required to attend classes in the school in which they are 53
enrolled.
(B)(1) The Department of Human Services shall establish in 55
Defiance, Fulton, Henry, Paulding, Putnam, Van Wert, and Williams 57
counties a pilot project under which a person may provide 58
day-care for one to nine children at one time and, if certified 59
under this section as a type C family day-care home, be exempt 60
from the requirements a type A family day-care home must meet 61
under Chapter 5104. of the Revised Code. The Department shall 62
implement the pilot project sixty days after the effective day of 63
this amendment MARCH 28, 1997, and shall terminate the project 64
three SIX years after it is implemented. 65
(2) A family day-care home may be certified as a type C 67
home if the home meets all of the requirements a type B family 68
day-care home must meet to be certified under Chapter 5104. of 69
the Revised Code to provide publicly funded child day-care, 70
except for any requirements limiting to six the number of 71
children who at one time may receive child day-care in a type B 72
home. All of the following apply to a family day-care home 73
certified as a type C home under division (B)(3) of this section: 74
(a) The home shall not provide publicly funded child 76
day-care.
(b) The home may provide child day-care at one time to six 78
children under age six, including not more than three children 79
under age two, who are not enrolled in school and for three 80
additional children who are enrolled in a grade of kindergarten 81
or above. In counting the number of children who may be present 82
at a type C home at one time, any children under age six who are 84
related to the administrator and are on the premises of the home 85
shall be counted. Child day-care may be provided to the three 86
additional school children during any of the following periods of 87
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time:
(i) On days the children's school is open and conducting 89
classes, the home may provide child day-care to the children 90
prior to the start of the school day and after the end of the 91
school day for an aggregate amount of time of not more than three 93
hours per day.
(ii) On days the children's school is not open and 95
conducting classes because of a weather emergency or school 96
holiday, the home may provide child day-care to the children for 97
all or any part of the day. 98
(iii) During the period of time between the end of classes 100
of one school year and the start of classes for the next school 101
year, the home may provide child day-care for the school children 103
for not more than three hours per day.
(c) The administrator of the type C home shall notify the 105
police and fire departments that serve the area in which the home 107
is located and the agency responsible for dispatching elements of 108
those departments that the home is a type C home.
(3) On or after the sixtieth day after the effective date 110
of this amendment MARCH 28, 1997, the administrator of a family 112
day-care home in a county included in the pilot project 113
established under division (B)(1) of this section may apply to 114
the county director of human services for certification of the 116
home as a type C home. The same application procedures and 117
certification process used to certify type B homes under section 118
5104.11 of the Revised Code shall be used to certify type C homes 119
under this section.
(C) Notwithstanding the definition of "type A family 121
day-care home" and "type A home" set forth in section 5104.01 of 123
the Revised Code, a certified type C family day-care home is not 124
subject to the requirements a type A family day-care home must 125
meet under Chapter 5104. of the Revised Code or rules adopted 126
under it. Notwithstanding the definition of a "food service
operation" set forth in section 3732.01 of the Revised Code, a 127
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certified type C family day-care home shall not be considered a 128
food service operation.
(D) The Day-care Advisory Council established under 130
section 5104.08 of the Revised Code shall review the 131
effectiveness of the pilot project established under division 132
(B)(1) of this section and shall review, investigate, and discuss 133
the possible establishment of new standards for child day-care 134
for school children. For purposes of conducting the reviews, 135
investigation, and discussion pursuant to this division, the 136
Council shall include as additional members two persons who are 138
parents, guardians, or custodians of children receiving private 139
child day-care in a certified type C home participating in the 140
pilot project established under division (B)(1) of this section; 141
two persons who are representatives of certified type C homes 142
participating in the pilot project; and two persons representing 143
the county departments of human services of the counties included 145
in the pilot project. The Council shall prepare a report of its 148
findings and recommendations and, not later than three months 149
prior to the termination date of the pilot project, shall submit 150
its report to the Governor, President of the Senate, and Speaker 151
of the House of Representatives. The six persons added to the 152
membership of the Council for purposes of conducting the reviews, 153
investigation, and discussion pursuant to this division shall 154
cease to be members of the Council at the time the Council makes 155
its report."
Section 2. That existing Section 1 of Sub. H.B. 62 of the 157
121st General Assembly, as amended by Am. Sub. S.B. 160 of the 158
121st General Assembly, is hereby repealed. 159
Section 3. This act is hereby declared to be an emergency 161
measure necessary for the immediate preservation of the public 162
peace, health, and safety. The reason for the necessity is that 163
the Department of Human Services is required to terminate the 164
existing type C day-care home pilot project on March 28, 2000, 165
and the intent of this act is to extend the pilot project; to do 166
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so the act must go into effect before that date. Therefore, this 167
act shall go into immediate effect. 168