REPRESENTATIVES Jerse, Redfern, Allen, Raga, Miller, Widowfield, S. Patton, Hartnett, Kearns, Seitz, Oelslager, D. Stewart, Hollister, Strahorn, Boccieri, Sykes, Perry, Olman, DePiero, Hagan, Otterman, Raussen, Sferra, Price, Carano, Ujvagi, Koziura, Seaver, Domenick

To enact sections 2919.223, 2919.224, 2919.225, and

1

2919.226 of the Revised Code to create the

2

offenses of misrepresentation by a child day-care

3

provider and failure to disclose the death or

4

serious injury of a child.

5

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2919.223, 2919.224, 2919.225, and	6
2919.226 of the Revised Code be enacted to read as follows:	7

Sec. 2919.223. As used in sections 2919.223 to 2919.226 of	8
the Revised Code:	9

(A) "Child day-care," "child day-care center," "in-home	10
aide," "type A family day-care home," and "type B family day-care	11
home" have the same meanings as in section 5104.01 of the Revised	12
Code.	13

(B) "Child day-care facility" means a child day-care center,	14
a type A family day-care home, a type B family day-care home, or a	15
type C family day-care home.	16

(C) "Child day-care provider" means any of the following:

17

(1) An owner, provider, administrator, or employee of, or	18
volunteer at, a child day-care facility;	19

(2) An in-home aide;

20

(3) A director or employee of, or volunteer at, a preschool	21
program or school child program;	22

(4) A person who represents that the person provides child	23
day-care.	24

(D) "Peace officer" has the same meaning as in section	25
2935.01 of the Revised Code.	26

(E) "Preschool program" and "school child program" have the	27
same meanings as in section 3301.52 of the Revised Code.	28

(F) "Type C family day-care home" means a family day-care	29
home authorized to provide child day-care by Sub. H.B. 62 of the	30
121st general assembly, as amended by Am. Sub. S.B. 160 of the	31
121st general assembly and Sub. H.B. 407 of the 123rd general	32
assembly.	33

Sec. 2919.224. (A) No child day-care provider shall knowingly	34
misrepresent any factor or condition that relates to the provision	35
of child day-care and that substantially affects the health or	36
safety of any child or children in that provider's facility or	37
receiving child day-care from that provider to any of the	38
following:	39

(1) A parent, guardian, custodian, or other person	40
responsible for the care of a child in the provider's facility or	41
receiving child day-care from the provider;	42

(2) A parent, guardian, custodian, or other person	43
responsible for the care of a child considering the provider as a	44
child day-care provider for the child;	45

(3) A public official responsible for issuing the provider a	46
license or certificate to provide child day-care;	47

(4) A public official investigating or inquiring about the	48
provision of child day-care by the provider;	49

(5) A peace officer.

50

(B) For the purposes of this section, "any factor or	51
condition that relates to the provision of child day-care"	52
includes, but is not limited to, the following:	53

(1) The person or persons who will provide child day-care to	54
the child of the parent, guardian, custodian, or other person	55
responsible for the care of the child, or to the children in	56
general;	57

(2) The qualifications to provide child day-care of the child	58
day-care provider, of a person employed by the provider, or of a	59
person who provides child day-care as a volunteer;	60

(3) The number of children to whom child day-care is provided	61
at one time or the number of children receiving child day-care in	62
a child day-care facility or school at one time;	63

(4) The conditions or safety features of the day-care	64
facility or school;	65

(5) The area of the child day-care facility or school in	66
which child day-care is provided.	67

(C) Whoever violates division (A) of this section is guilty	68
of misrepresentation by a child day-care provider, a misdemeanor	69
of the first degree.	70

Sec. 2919.225. (A) Subject to division (C) of this section,	71
no owner, provider, or administrator of a child day-care facility	72
and no director of a preschool program or school child program,	73
knowing that the event described in division (A)(1) or (2) of this	74
section has occurred, shall accept a child into that facility or	75
program without first disclosing to the parent, guardian,	76
custodian, or other person responsible for the care of that child	77
any of the following that has occurred:	78

(1) A child died while under the care of the facility or	79
program or while receiving child day-care from the owner,	80
provider, administrator, or director or died as a result of	81
injuries suffered while under the care of the facility or program	82
or while receiving child day-care from the owner, provider,	83
administrator, or director.	84

(2) Within the preceding ten years, a child suffered injuries	85
while under the care of the facility or program or while receiving	86
child day-care from the owner, provider, administrator, or	87
director, and those injuries led to the child being hospitalized	88
for more than twenty-four hours.	89

(B)(1) Subject to division (C) of this section, no owner,	90
provider, or administrator of a child day-care facility and no	91
director of a preschool program or school child program shall fail	92
to provide notice in accordance with division (B)(3) of this	93
section to the persons and entities specified in division (B)(2)	94
of this section, of any of the following that occurs:	95

(a) A child who is under the care of the facility or program	96
or is receiving child day-care from the owner, provider,	97
administrator, or director dies while under the care of the	98
facility or program or while receiving child day-care from the	99
owner, provider, administrator, or director or dies as a result of	100
injuries suffered while under the care of the facility or program	101
or while receiving child day-care from the owner, provider,	102
administrator, or director.	103

(b) A child who is under the care of the facility or program	104
or is receiving child day-care from the owner, provider,	105
administrator, or director is hospitalized for more than	106
twenty-four hours as a result of injuries suffered while under the	107
care of the facility or program or while receiving child day-care	108
from the owner, provider, administrator, or director.	109

(2) An owner, provider, or administrator of a facility or a	110
director of a program shall provide the notices required under	111
division (B)(1) of this section to each of the following:	112

(a) For each child who, at the time of the injury or death	113
for which the notice is required, is receiving or is enrolled to	114
receive child day-care at the facility or program or from the	115
owner, provider, administrator, or director, to the parent,	116
guardian, custodian, or other person responsible for the care of	117
the child;	118

(b) If the notice is required as the result of the death of a	119
child as described in division (B)(1)(a) of this section, to the	120
public children services agency of the county in which the	121
facility or program is located or the child day-care was given, a	122
municipal or county peace officer in the county in which the child	123
resides or in which the facility or program is located or the	124
child day-care was given, and the child fatality review board	125
appointed under section 307.621 of the Revised Code that serves	126
the county in which the facility or program is located or the	127
child day-care was given.	128

(3) An owner, provider, or administrator of a facility or a	129
director of a program shall provide the notices required by	130
divisions (B)(1) and (2) of this section not later than	131
forty-eight hours after the child dies or, regarding a child who	132
is hospitalized for more than twenty-four hours as a result of	133
injuries suffered while under the care of the facility or program,	134
not later than forty-eight hours after the child suffers the	135
injuries. If a child is hospitalized for more than twenty-four	136
hours as a result of injuries suffered while under the care of the	137
facility or program, and the child subsequently dies as a result	138
of those injuries, the owner, provider, administrator, or director	139
shall provide separate notices under divisions (B)(1) and (2) of	140
this section regarding both the injuries and the death. All	141
notices provided under divisions (B)(1) and (2) of this section	142
shall state that the death or injury occurred and identify the	143
cause of, and circumstances surrounding, the death or injuries.	144

(C)(1) Division (A) of this section does not require more	145
than one person to make disclosures to the same parent, guardian,	146
custodian, or other person responsible for the care of a child	147
regarding any single injury or death for which disclosure is	148
required under that division. Division (B) of this section does	149
not require more than one person to give notices to the same	150
parent, guardian, custodian, other person responsible for the care	151
of the child, public children services agency, peace officer, or	152
child fatality review board regarding any single injury or death	153
for which disclosure is required under division (B)(1) of this	154
section.	155

(2) Divisions (A) and (B)(1) of this section apply to the	156
owner, provider, or administrator of a child day-care center or	157
type A family day-care home that provides child day-care at five	158
or more separate premises, and to the director of a preschool	159
program or school child program that provides child day-care at	160
five or more separate premises, only as follows:	161

(a) Division (A) of this section applies to the owner,	162
provider, administrator, or director only to the extent that the	163
event described in division (A)(1) or (2) of this section occurred	164
at the same premises at which the child who is being accepted into	165
the center, home, or program for the provision of child day-care	166
will be provided the child day-care. Division (A) of this section	167
does not apply to the owner, provider, administrator, or director	168
if the child who is being accepted into the center, home, or	169
program for the provision of child day-care will be provided the	170
child day-care at a premises other than the premises at which the	171
event described in division (A)(1) or (2) of this section	172
occurred.	173

(b) Division (B)(1) of this section applies to the owner,	174
provider, administrator, or director, regarding notice to a person	175
identified in division (B)(2)(a) of this section, only to the	176
extent that the event described in division (B)(1)(a) or (b) of	177
this section occurs at the same premises at which the child whose	178
parent, guardian, custodian, or other person is described in	179
division (B)(2)(a) of this section is receiving or is enrolled to	180
receive child day-care. Division (B)(1) of this section does not	181
apply to the owner, provider, administrator, or director,	182
regarding notice to a person identified in division (B)(2)(a) of	183
this section, if the child whose parent, guardian, custodian, or	184
other person described in division (B)(2)(a) of this section is	185
receiving or is enrolled to receive child day-care at a premises	186
other than the premises at which the event described in division	187
(B)(1)(a) or (b) of this section occurred. Division (B)(1) of this	188
section applies to the owner, provider, administrator, or	189
director, regarding notice to the persons and entities identified	190
in division (B)(2)(b) of this section, in every case in which an	191
event described in division (B)(1)(a) of this section occurred.	192

(D) Whoever violates division (A) or (B) of this section is	193
guilty of failure to disclose the death or serious injury of a	194
child, a misdemeanor of the fourth degree.	195

Sec. 2919.226. (A) If a person completely and accurately	196
completes a child day-care disclosure form that is in	197
substantially the form set forth in division (B) of this section	198
and presents the form to a person identified in division (A)(1) or	199
(2) of section 2919.224 of the Revised Code, to the extent that	200
the information set forth on the form is accurate, the person who	201
presents the form is not subject to prosecution under division (A)	202
of section 2919.224 of the Revised Code regarding the presentation	203
of that information to that person. A person required to make a	204
disclosure of the type described in division (A) of section	205
2919.225 of the Revised Code may comply with that section by	206
completely and accurately completing a child day-care disclosure	207
form that is in substantially the form set forth in division (B)	208
of this section and providing a copy of the completed form to the	209
parent, guardian, custodian, or other person responsible for the	210
care of a child and to whom disclosure is to be made under	211
division (A) of section 2919.225 of the Revised Code. The use of	212
the form set forth in division (B) of this section is	213
discretionary and is not required to comply with any disclosure	214
requirement contained in section 2919.225 of the Revised Code or	215
for any purpose related to section 2919.224 of the Revised Code.	216

(B) To be sufficient for the purposes described in division	217
(A) of this section, a child day-care disclosure form shall be in	218
substantially the following form:	219

"CHILD DAY-CARE DISCLOSURE FORM

220

Please Note: This form contains information that is accurate	221
only at the time the form is given to you. The information	222
provided in this form is likely to change over time. It is the	223
duty of the person responsible for the care of the child to	224
monitor the status of child day-care services to ensure that those	225
services remain satisfactory. If a question on this form is left	226
unanswered, the child day-care provider makes no assertion	227
regarding the question. Choosing appropriate child day-care for a	228
child is a serious responsibility, and the person responsible for	229
the care of the child is encouraged to make all appropriate	230
inquiries. Also, in acknowledging receipt of this form, the person	231
responsible for the care of the child acknowledges that in	232
selecting the child day-care provider the person is not relying on	233
any representations other than those provided in this form unless	234
the child day-care provider has acknowledged the other	235
representations in writing.	236

1. What are the names and qualifications to provide child	237
day-care of: (a) the child day-care provider, (b) the employee who	238
will provide child day-care to the applicant child, (c) the	239
volunteer who will provide child day-care to the applicant child,	240
and (d) any other employees or volunteers of the child day care	241
provider? (attach additional sheets if necessary):	242

...............................................................

243

...............................................................

244

...............................................................

245

2. What is the maximum number of children to whom you provide	246
child day-care at one time? (If children are divided into groups	247
or classes, please describe the maximum number of children in each	248
group or class and indicate the group or class in which the	249
applicant child will be placed.):	250

...............................................................

251

...............................................................

252

...............................................................

253

3. Where in the center, home, school, program, or other	254
premises will you provide child day-care to the applicant child?:	255

...............................................................

256

...............................................................

257

...............................................................

258

4. Has a child died while in the care of, or receiving child	259
day-care from, the child day-care provider (see paragraph (7),	260
below, regarding the information provided in response to this	261
question)? (Yes/No)	262

Description/explanation (attach additional sheets if	263
necessary)	264

...............................................................

265

...............................................................

266

...............................................................

267

5. Has a child died as a result of injuries suffered while	268
under the care of, or receiving child day-care from, the child	269
day-care provider (see paragraph (7), below, regarding the	270
information provided in response to this question)? (Yes/No)	271

Description/explanation (attach additional sheets if	272
necessary)	273

...............................................................

274

...............................................................

275

...............................................................

276

6. Within the preceding ten years, has a child suffered	277
injuries while under the care of, or receiving child day-care	278
from, the child day-care provider that led to the child being	279
hospitalized for more than 24 hours (see paragraph (7), below,	280
regarding the information provided in response to this question)?	281
(Yes/No)	282

Description/explanation (attach additional sheets if	283
necessary)	284

...............................................................

285

...............................................................

286

...............................................................

287

7. It is important to note that if the information on this	288
form is being provided by a child day-care center, type A family	289
day-care home, preschool program, or school child program that	290
provides child day-care at five or more separate premises, the	291
information set forth in response to questions (4), (5), and (6)	292
on this form pertains only to the same premises at which the	293
applicant child will be provided the child day-care.	294

Acknowledgement:

303

I hereby acknowledge that I have been given a copy of the	304
preceding document and have read and understood its contents. I	305
further acknowledge that I am not relying on any other	306
representations in selecting the child day-care provider unless	307
the child day-care provider has acknowledged the other	308
representations in writing.	309

(C) If a person completely and accurately completes a	312
disclosure form that is substantially similar to the form	313
described in division (B) of this section and presents the form to	314
a person identified in division (A)(1) or (2) of section 2919.224	315
of the Revised Code, to the extent that the information set forth	316
on the form is accurate, the form is sufficient for the purposes	317
described in division (A) of this section. A person who completely	318
and accurately completes a disclosure form that is substantially	319
similar to the form described in division (B) of this section and	320
who provides a copy of the completed form to the parent, guardian,	321
custodian, or other person who is responsible for the care of a	322
child and to whom disclosure is to be made under division (A) of	323
section 2919.225 of the Revised Code complies with the	324
requirements of that division. If a person uses the disclosure	325
form, the person's leaving a portion of the disclosure form blank	326
does not constitute a misrepresentation for the purposes of	327
section 2919.224 of the Revised Code but may constitute a	328
violation of section 2919.225 of the Revised Code. The owner,	329
provider, or administrator of a child day-care facility or the	330
director of a preschool program or school child program who	331
completes the disclosure form and provides a copy of the form to	332
any person described in section 2919.224 or 2919.225 of the	333
Revised Code may retain a copy of the completed form and require	334
the person receiving the form to acknowledge that receipt on the	335
copy retained by the owner, provider, administrator, or director.	336