As Passed by the Senate 1
123rd General Assembly 4
Regular Session Sub. 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
SENATORS DRAKE-WACHTMANN-BLESSING-BRADY-DiDONATO 10
_________________________________________________________________ 12
A B I L L
To amend Section 1 of Sub. H.B. 62 of the 121st 14
General Assembly, as subsequently amended, to 15
extend the pilot project that permits persons in
certain counties to provide day-care as type C 16
family day-care homes and to declare an 17
emergency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That Section 1 of Sub. H.B. 62 of the 121st 21
General Assembly, as amended by Am. Sub. S.B. 160 of the 121st 22
General Assembly, be amended to read as follows: 24
"Sec. 1. (A) As used in this section: 30
(1) "Administrator" means the person responsible for the 33
daily operation of a family day-care home seeking certification 34
as a type C family day-care home. The administrator may be the 35
same person as the owner of the family day-care home. 36
(2) "Family day-care home" means the permanent residence 39
of an administrator in which the administrator provides or seeks 40
to provide privately funded child day-care. "Family day-care 41
home" does not mean a child day camp as defined in section 42
5104.01 of the Revised Code.
(3) "Child day-care," "owner," "publicly funded child 44
day-care," "type A family day-care home," and "type B family 45
day-care home" have the same meanings as in section 5104.01 of 47
the Revised Code.
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(4) "School day" means the period of time during the day 50
when the children under the care of a family day-care home are 51
required to attend classes in the school in which they are 52
enrolled.
(B)(1) The Department of Human Services shall establish in 54
Defiance, Fulton, Henry, Paulding, Putnam, Van Wert, and Williams 56
counties a pilot project under which a person may provide 57
day-care for one to nine children at one time and, if certified 58
under this section as a type C family day-care home, be exempt 59
from the requirements a type A family day-care home must meet 60
under Chapter 5104. of the Revised Code. The Department shall 61
implement the pilot project sixty days after the effective day of 62
this amendment MARCH 28, 1997, and shall terminate the project 63
three SIX years after it is implemented. 64
(2) A family day-care home may be certified as a type C 66
home if the home meets all of the requirements a type B family 67
day-care home must meet to be certified under Chapter 5104. of 68
the Revised Code to provide publicly funded child day-care, 69
except for any requirements limiting to six the number of 70
children who at one time may receive child day-care in a type B 71
home. All of the following apply to a family day-care home 72
certified as a type C home under division (B)(3) of this section: 73
(a) The home shall not provide publicly funded child 75
day-care.
(b) The home may provide child day-care at one time to six 77
children under age six, including not more than three children 78
under age two, who are not enrolled in school and for three 79
additional children who are enrolled in a grade of kindergarten 80
or above. In counting the number of children who may be present 81
at a type C home at one time, any children under age six who are 83
related to the administrator and are on the premises of the home 84
shall be counted. Child day-care may be provided to the three 85
additional school children during any of the following periods of 86
time:
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(i) On days the children's school is open and conducting 88
classes, the home may provide child day-care to the children 89
prior to the start of the school day and after the end of the 90
school day for an aggregate amount of time of not more than three 92
hours per day.
(ii) On days the children's school is not open and 94
conducting classes because of a weather emergency or school 95
holiday, the home may provide child day-care to the children for 96
all or any part of the day. 97
(iii) During the period of time between the end of classes 99
of one school year and the start of classes for the next school 100
year, the home may provide child day-care for the school children 102
for not more than three hours per day.
(c) The administrator of the type C home shall notify the 104
police and fire departments that serve the area in which the home 106
is located and the agency responsible for dispatching elements of 107
those departments that the home is a type C home.
(3) On or after the sixtieth day after the effective date 109
of this amendment MARCH 28, 1997, the administrator of a family 111
day-care home in a county included in the pilot project 112
established under division (B)(1) of this section may apply to 113
the county director of human services for certification of the 115
home as a type C home. The same application procedures and 116
certification process used to certify type B homes under section 117
5104.11 of the Revised Code shall be used to certify type C homes 118
under this section.
(C) Notwithstanding the definition of "type A family 120
day-care home" and "type A home" set forth in section 5104.01 of 122
the Revised Code, a certified type C family day-care home is not 123
subject to the requirements a type A family day-care home must 124
meet under Chapter 5104. of the Revised Code or rules adopted 125
under it. Notwithstanding the definition of a "food service
operation" set forth in section 3732.01 of the Revised Code, a 126
certified type C family day-care home shall not be considered a 127
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food service operation.
(D) The Day-care Advisory Council established under 129
section 5104.08 of the Revised Code shall review the 130
effectiveness of the pilot project established under division 131
(B)(1) of this section and shall review, investigate, and discuss 132
the possible establishment of new standards for child day-care 133
for school children. For purposes of conducting the reviews, 134
investigation, and discussion pursuant to this division, the 135
Council shall include as additional members two persons who are 137
parents, guardians, or custodians of children receiving private 138
child day-care in a certified type C home participating in the 139
pilot project established under division (B)(1) of this section; 140
two persons who are representatives of certified type C homes 141
participating in the pilot project; and two persons representing 142
the county departments of human services of the counties included 144
in the pilot project. The Council shall prepare a report of its 147
findings and recommendations and, not later than three months 148
prior to the termination date of the pilot project, shall submit 149
its report to the Governor, President of the Senate, and Speaker 150
of the House of Representatives. The six persons added to the 151
membership of the Council for purposes of conducting the reviews, 152
investigation, and discussion pursuant to this division shall 153
cease to be members of the Council at the time the Council makes 154
its report."
Section 2. That existing Section 1 of Sub. H.B. 62 of the 156
121st General Assembly, as amended by Am. Sub. S.B. 160 of the 157
121st General Assembly, is hereby repealed. 158
Section 3. This act is hereby declared to be an emergency 160
measure necessary for the immediate preservation of the public 161
peace, health, and safety. The reason for the necessity is that 162
the Department of Human Services is required to terminate the 163
existing type C day-care home pilot project on March 28, 2000, 164
and the intent of this act is to extend the pilot project; to do 165
so the act must go into effect before that date. Therefore, this 166
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act shall go into immediate effect. 167