As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Am. Sub. H. B. No. 11


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, Yates, G. Smith, Cirelli, Fessler, DeBose, Reidelbach, Barrett, Harwood, Schneider, Blasdel, Hoops, Taylor, White, Beatty, Book, Carmichael, Cates, Chandler, Collier, Daniels, Distel, Driehaus, C. Evans, D. Evans, Faber, Flowers, Gilb, Grendell, Hughes, Jolivette, Key, Kilbane, Mason, McGregor, Niehaus, T. Patton, Schaffer, Schmidt, Setzer, Skindell, S. Smith, Trakas, Wilson, Woodard 

Senators Austria, Amstutz, Carey, Coughlin, Dann, Fedor, Fingerhut, Robert Gardner, Hagan, Harris, Miller, Mumper, Padgett, Prentiss, Spada, White, Zurz 



A BILL
To amend sections 109.572, 307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3
3301.52, 3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 4
3701.21, 3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 5
3742.35, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 6
3742.42, 3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 7
5101.97, 5104.01, 5104.011, 5104.013, 5104.015, 8
5104.02, 5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 9
5104.081, 5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 10
5104.32, 5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 11
5104.382, 5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 12
5107.16, 5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 13
5747.36, and 5747.98;14
to enact sections 1
2151.861, 2919.223, 2919.224, 2919.225, 2919.226, 2
2919.227, and 5153.175; and to repeal section 5104.381 of the Revised Code to create the 3
offenses of misrepresentation by a child day-care 4
provider, failure of a child day-care center to 5
disclose the death or serious injury of a child,6
and failure of a type A or type B family day-care 7
home to disclose the death or serious injury of a 8
child; to revise the law pertaining to child day-care; to include additional offenses in criminal background checks of child care provides; to regulate criminal background checks performed for child day camps; and to make changes in the law governing certification of type B family day-care homes.9


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



       Section 1. That sections 109.572, 2
307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3301.52, 3
3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 3701.21, 4
3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 3742.35, 5
3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 6
3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 5101.97, 7
5104.01, 5104.011, 5104.013, 5104.015, 5104.02, 8
5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 5104.081, 9
5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 5104.32, 10
5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 5104.382, 11
5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 5107.16, 12
5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 5747.36, and 5747.98 be amended and sections 2151.861, 10
2919.223, 2919.224, 2919.225, 2919.226, 2919.227, and 5153.175 of the 11
Revised Code be enacted to read as follows:12

       Sec. 109.572. (A)(1) Upon receipt of a request pursuant to 18
section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 19
5104.013, or 5153.111 of the Revised Code, a completed form 20
prescribed pursuant to division (C)(1) of this section, and a set 21
of fingerprint impressions obtained in the manner described in 22
division (C)(2) of this section, the superintendent of the bureau 23
of criminal identification and investigation shall conduct a 24
criminal records check in the manner described in division (B) of 25
this section to determine whether any information exists that 26
indicates that the person who is the subject of the request 27
previously has been convicted of or pleaded guilty to any of the 28
following:29

       (a) A violation of section 2903.01, 2903.02, 2903.03, 30
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 31
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 32
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 33
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 34
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 35
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 36
2925.06, or 3716.11 of the Revised Code, felonious sexual 37
penetration in violation of former section 2907.12 of the Revised 38
Code, a violation of section 2905.04 of the Revised Code as it 39
existed prior to July 1, 1996, a violation of section 2919.23 of 40
the Revised Code that would have been a violation of section 41
2905.04 of the Revised Code as it existed prior to July 1, 1996, 42
had the violation been committed prior to that date, or a 43
violation of section 2925.11 of the Revised Code that is not a 44
minor drug possession offense;45

       (b) A violation of an existing or former law of this state, 46
any other state, or the United States that is substantially 47
equivalent to any of the offenses listed in division (A)(1)(a) of 48
this section.49

       (2) On receipt of a request pursuant to section 5123.081 of 50
the Revised Code with respect to an applicant for employment in 51
any position with the department of mental retardation and 52
developmental disabilities, pursuant to section 5126.28 of the 53
Revised Code with respect to an applicant for employment in any 54
position with a county board of mental retardation and 55
developmental disabilities, or pursuant to section 5126.281 of the 56
Revised Code with respect to an applicant for employment in a 57
direct services position with an entity contracting with a county 58
board for employment, a completed form prescribed pursuant to 59
division (C)(1) of this section, and a set of fingerprint 60
impressions obtained in the manner described in division (C)(2) of 61
this section, the superintendent of the bureau of criminal 62
identification and investigation shall conduct a criminal records 63
check. The superintendent shall conduct the criminal records check 64
in the manner described in division (B) of this section to 65
determine whether any information exists that indicates that the 66
person who is the subject of the request has been convicted of or 67
pleaded guilty to any of the following:68

       (a) A violation of section 2903.01, 2903.02, 2903.03, 69
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 70
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 71
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 72
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 73
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 74
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 75
2925.03, or 3716.11 of the Revised Code;76

       (b) An existing or former municipal ordinance or law of this 77
state, any other state, or the United States that is substantially 78
equivalent to any of the offenses listed in division (A)(2)(a) of 79
this section.80

       (3) On receipt of a request pursuant to section 173.41, 81
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed 82
form prescribed pursuant to division (C)(1) of this section, and a 83
set of fingerprint impressions obtained in the manner described in 84
division (C)(2) of this section, the superintendent of the bureau 85
of criminal identification and investigation shall conduct a 86
criminal records check with respect to any person who has applied 87
for employment in a position that involves providing direct care 88
to an older adult. The superintendent shall conduct the criminal 89
records check in the manner described in division (B) of this 90
section to determine whether any information exists that indicates 91
that the person who is the subject of the request previously has 92
been convicted of or pleaded guilty to any of the following:93

       (a) A violation of section 2903.01, 2903.02, 2903.03, 94
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 95
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 96
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 97
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 98
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 99
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 100
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 101
2925.22, 2925.23, or 3716.11 of the Revised Code;102

       (b) An existing or former law of this state, any other state, 103
or the United States that is substantially equivalent to any of 104
the offenses listed in division (A)(3)(a) of this section.105

       (4) On receipt of a request pursuant to section 3701.881 of 106
the Revised Code with respect to an applicant for employment with 107
a home health agency as a person responsible for the care, 108
custody, or control of a child, a completed form prescribed 109
pursuant to division (C)(1) of this section, and a set of 110
fingerprint impressions obtained in the manner described in 111
division (C)(2) of this section, the superintendent of the bureau 112
of criminal identification and investigation shall conduct a 113
criminal records check. The superintendent shall conduct the 114
criminal records check in the manner described in division (B) of 115
this section to determine whether any information exists that 116
indicates that the person who is the subject of the request 117
previously has been convicted of or pleaded guilty to any of the 118
following:119

       (a) A violation of section 2903.01, 2903.02, 2903.03, 120
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 121
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 122
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 123
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 124
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 125
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 126
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a 127
violation of section 2925.11 of the Revised Code that is not a 128
minor drug possession offense;129

       (b) An existing or former law of this state, any other state, 130
or the United States that is substantially equivalent to any of 131
the offenses listed in division (A)(4)(a) of this section.132

       (5) On receipt of a request pursuant to section 5111.95 or 133
5111.96 of the Revised Code with respect to an applicant for 134
employment with a waiver agency participating in a department of 135
job and family services administered home and community-based 136
waiver program or an independent provider participating in a 137
department administered home and community-based waiver program in 138
a position that involves providing home and community-based waiver 139
services to consumers with disabilities, a completed form 140
prescribed pursuant to division (C)(1) of this section, and a set 141
of fingerprint impressions obtained in the manner described in 142
division (C)(2) of this section, the superintendent of the bureau 143
of criminal identification and investigation shall conduct a 144
criminal records check. The superintendent shall conduct the 145
criminal records check in the manner described in division (B) of 146
this section to determine whether any information exists that 147
indicates that the person who is the subject of the request 148
previously has been convicted of or pleaded guilty to any of the 149
following:150

       (a) A violation of section 2903.01, 2903.02, 2903.03, 151
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 152
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 153
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 154
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 155
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 156
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 157
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 158
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 159
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the 160
Revised Code, felonious sexual penetration in violation of former 161
section 2907.12 of the Revised Code, a violation of section 162
2905.04 of the Revised Code as it existed prior to July 1, 1996, a 163
violation of section 2919.23 of the Revised Code that would have 164
been a violation of section 2905.04 of the Revised Code as it 165
existed prior to July 1, 1996, had the violation been committed 166
prior to that date;167

       (b) An existing or former law of this state, any other state, 168
or the United States that is substantially equivalent to any of 169
the offenses listed in division (A)(5)(a) of this section.170

       (6) On receipt of a request pursuant to section 3701.881 of 171
the Revised Code with respect to an applicant for employment with 172
a home health agency in a position that involves providing direct 173
care to an older adult, a completed form prescribed pursuant to 174
division (C)(1) of this section, and a set of fingerprint 175
impressions obtained in the manner described in division (C)(2) of 176
this section, the superintendent of the bureau of criminal 177
identification and investigation shall conduct a criminal records 178
check. The superintendent shall conduct the criminal records check 179
in the manner described in division (B) of this section to 180
determine whether any information exists that indicates that the 181
person who is the subject of the request previously has been 182
convicted of or pleaded guilty to any of the following:183

       (a) A violation of section 2903.01, 2903.02, 2903.03, 184
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 185
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 186
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 187
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 188
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 189
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 190
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 191
2925.22, 2925.23, or 3716.11 of the Revised Code;192

       (b) An existing or former law of this state, any other state, 193
or the United States that is substantially equivalent to any of 194
the offenses listed in division (A)(6)(a) of this section.195

       (7) When conducting a criminal records check upon a request 196
pursuant to section 3319.39 of the Revised Code for an applicant 197
who is a teacher, in addition to the determination made under 198
division (A)(1) of this section, the superintendent shall 199
determine whether any information exists that indicates that the 200
person who is the subject of the request previously has been 201
convicted of or pleaded guilty to any offense specified in section 202
3319.31 of the Revised Code.203

       (8) On a request pursuant to section 2151.86 of the Revised 204
Code, a completed form prescribed pursuant to division (C)(1) of 205
this section, and a set of fingerprint impressions obtained in the 206
manner described in division (C)(2) of this section, the 207
superintendent of the bureau of criminal identification and 208
investigation shall conduct a criminal records check in the manner 209
described in division (B) of this section to determine whether any 210
information exists that indicates that the person who is the 211
subject of the request previously has been convicted of or pleaded 212
guilty to any of the following:213

       (a) A violation of section 2903.01, 2903.02, 2903.03, 214
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 215
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 216
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 217
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 218
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 219
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 220
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a 221
violation of section 2905.04 of the Revised Code as it existed 222
prior to July 1, 1996, a violation of section 2919.23 of the 223
Revised Code that would have been a violation of section 2905.04 224
of the Revised Code as it existed prior to July 1, 1996, had the 225
violation been committed prior to that date, a violation of 226
section 2925.11 of the Revised Code that is not a minor drug 227
possession offense, or felonious sexual penetration in violation 228
of former section 2907.12 of the Revised Code;229

       (b) A violation of an existing or former law of this state, 230
any other state, or the United States that is substantially 231
equivalent to any of the offenses listed in division (A)(8)(a) of 232
this section.233

       (9) When conducting a criminal records check on a request 234
pursuant to section 5104.013 of the Revised Code for a person who 235
is an owner, licensee, or administrator of a child day-care center 236
or type A family day-care home or an authorized provider of a 237
certified type B family day-care home, the superintendent, in 238
addition to the determination made under division (A)(1) of this 239
section, shall determine whether any information exists that 240
indicates that the person has been convicted of or pleaded guilty 241
to any of the following:242

       (a) A violation of section 2913.02, 2913.03, 2913.04, 243
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 244
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 245
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 246
2921.13, or 2923.01 of the Revised Code, a violation of section 247
2923.02 or 2923.03 of the Revised Code that relates to a crime 248
specified in this division or division (A)(1)(a) of this section, 249
or a second violation of section 4511.19 of the Revised Code 250
within five years of the date of application for licensure or 251
certification.252

       (b) A violation of an existing or former law of this state, 253
any other state, or the United States that is substantially 254
equivalent to any of the offenses or violations described in 255
division (A)(9)(a) of this section.256

       (10) Not later than thirty days after the date the 257
superintendent receives the request, completed form, and 258
fingerprint impressions, the superintendent shall send the person, 259
board, or entity that made the request any information, other than 260
information the dissemination of which is prohibited by federal 261
law, the superintendent determines exists with respect to the 262
person who is the subject of the request that indicates that the 263
person previously has been convicted of or pleaded guilty to any 264
offense listed or described in division (A)(1), (2), (3), (4), 265
(5), (6), (7), or (8), or (9) of this section, as appropriate. The 266
superintendent shall send the person, board, or entity that made 267
the request a copy of the list of offenses specified in division 268
(A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this 269
section, as appropriate. If the request was made under section 270
3701.881 of the Revised Code with regard to an applicant who may 271
be both responsible for the care, custody, or control of a child 272
and involved in providing direct care to an older adult, the 273
superintendent shall provide a list of the offenses specified in 274
divisions (A)(4) and (6) of this section.275

       (B) The superintendent shall conduct any criminal records 276
check requested under section 121.08, 173.41, 2151.86, 3301.32, 277
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 278
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, 279
or 5153.111 of the Revised Code as follows:280

       (1) The superintendent shall review or cause to be reviewed 281
any relevant information gathered and compiled by the bureau under 282
division (A) of section 109.57 of the Revised Code that relates to 283
the person who is the subject of the request, including any 284
relevant information contained in records that have been sealed 285
under section 2953.32 of the Revised Code;286

       (2) If the request received by the superintendent asks for 287
information from the federal bureau of investigation, the 288
superintendent shall request from the federal bureau of 289
investigation any information it has with respect to the person 290
who is the subject of the request and shall review or cause to be 291
reviewed any information the superintendent receives from that 292
bureau.293

        (3) The superintendent or the superintendent's designee may 294
request criminal history records from other states or the federal 295
government pursuant to the national crime prevention and privacy 296
compact set forth in section 109.571 of the Revised Code.297

       (C)(1) The superintendent shall prescribe a form to obtain 298
the information necessary to conduct a criminal records check from 299
any person for whom a criminal records check is required by 300
section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 301
3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 302
5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the 303
Revised Code. The form that the superintendent prescribes pursuant 304
to this division may be in a tangible format, in an electronic 305
format, or in both tangible and electronic formats.306

       (2) The superintendent shall prescribe standard impression 307
sheets to obtain the fingerprint impressions of any person for 308
whom a criminal records check is required by section 121.08, 309
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 310
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 311
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any 312
person for whom a records check is required by any of those 313
sections shall obtain the fingerprint impressions at a county 314
sheriff's office, municipal police department, or any other entity 315
with the ability to make fingerprint impressions on the standard 316
impression sheets prescribed by the superintendent. The office, 317
department, or entity may charge the person a reasonable fee for 318
making the impressions. The standard impression sheets the 319
superintendent prescribes pursuant to this division may be in a 320
tangible format, in an electronic format, or in both tangible and 321
electronic formats.322

       (3) Subject to division (D) of this section, the 323
superintendent shall prescribe and charge a reasonable fee for 324
providing a criminal records check requested under section 121.08, 325
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 326
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 327
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The 328
person making a criminal records request under section 121.08, 329
173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 330
3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 331
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall 332
pay the fee prescribed pursuant to this division. A person making 333
a request under section 3701.881 of the Revised Code for a 334
criminal records check for an applicant who may be both 335
responsible for the care, custody, or control of a child and 336
involved in providing direct care to an older adult shall pay one 337
fee for the request.338

       (4) The superintendent of the bureau of criminal 339
identification and investigation may prescribe methods of 340
forwarding fingerprint impressions and information necessary to 341
conduct a criminal records check, which methods shall include, but 342
not be limited to, an electronic method.343

       (D) A determination whether any information exists that 344
indicates that a person previously has been convicted of or 345
pleaded guilty to any offense listed or described in division 346
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or 347
(b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or 348
(b), or (A)(9)(a) or (b) of this section that is made by the 349
superintendent with respect to information considered in a 350
criminal records check in accordance with this section is valid 351
for the person who is the subject of the criminal records check 352
for a period of one year from the date upon which the 353
superintendent makes the determination. During the period in which 354
the determination in regard to a person is valid, if another 355
request under this section is made for a criminal records check 356
for that person, the superintendent shall provide the information 357
that is the basis for the superintendent's initial determination 358
at a lower fee than the fee prescribed for the initial criminal 359
records check.360

       (E) As used in this section:361

       (1) "Criminal records check" means any criminal records check 362
conducted by the superintendent of the bureau of criminal 363
identification and investigation in accordance with division (B) 364
of this section.365

       (2) "Home and community-based waiver services" and "waiver 366
agency" have the same meanings as in section 5111.95 of the 367
Revised Code.368

       (3) "Independent provider" has the same meaning as in section 369
5111.96 of the Revised Code.370

       (4) "Minor drug possession offense" has the same meaning as 371
in section 2925.01 of the Revised Code.372

       (5) "Older adult" means a person age sixty or older.373

       Sec. 307.86.  Anything to be purchased, leased, leased with374
an option or agreement to purchase, or constructed, including, but375
not limited to, any product, structure, construction,376
reconstruction, improvement, maintenance, repair, or service,377
except the services of an accountant, architect, attorney at law,378
physician, professional engineer, construction project manager,379
consultant, surveyor, or appraiser, by or on behalf of the county380
or contracting authority, as defined in section 307.92 of the381
Revised Code, at a cost in excess of twenty-five thousand dollars,382
except as otherwise provided in division (D) of section 713.23 and383
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,384
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,385
and 6137.05 of the Revised Code, shall be obtained through386
competitive bidding. However, competitive bidding is not required387
when any of the following applies:388

       (A) The board of county commissioners, by a unanimous vote of 389
its members, makes a determination that a real and present390
emergency exists, and that determination and the reasons for it391
are entered in the minutes of the proceedings of the board, when392
either of the following applies:393

       (1) The estimated cost is less than fifty thousand dollars.394

       (2) There is actual physical disaster to structures, radio395
communications equipment, or computers.396

       For purposes of this division, "unanimous vote" means all397
three members of a board of county commissioners when all three398
members are present, or two members of the board if only two399
members, constituting a quorum, are present.400

       Whenever a contract of purchase, lease, or construction is401
exempted from competitive bidding under division (A)(1) of this402
section because the estimated cost is less than fifty thousand403
dollars, but the estimated cost is twenty-five thousand dollars or404
more, the county or contracting authority shall solicit informal405
estimates from no fewer than three persons who could perform the406
contract, before awarding the contract. With regard to each such407
contract, the county or contracting authority shall maintain a408
record of such estimates, including the name of each person from409
whom an estimate is solicited. The county or contracting authority 410
shall maintain the record for the longer of at least one year 411
after the contract is awarded or the amount of time the federal 412
government requires.413

       (B)(1) The purchase consists of supplies or a replacement or414
supplemental part or parts for a product or equipment owned or415
leased by the county, and the only source of supply for the416
supplies, part, or parts is limited to a single supplier.417

       (2) The purchase consists of services related to information 418
technology, such as programming services, that are proprietary or 419
limited to a single source.420

       (C) The purchase is from the federal government, the state,421
another county or contracting authority of another county, or a422
board of education, township, or municipal corporation.423

       (D) The purchase is made by a county department of job and 424
family services under section 329.04 of the Revised Code and 425
consists of family services duties or workforce development426
activities or is made by a county board of mental retardation and 427
developmental disabilities under section 5126.05 of the Revised 428
Code and consists of program services, such as direct and429
ancillary client services, child day-carecare, case management430
services, residential services, and family resource services.431

       (E) The purchase consists of criminal justice services,432
social services programs, family services, or workforce433
development activities by the board of county commissioners from434
nonprofit corporations or associations under programs funded by435
the federal government or by state grants.436

       (F) The purchase consists of any form of an insurance policy437
or contract authorized to be issued under Title XXXIX of the438
Revised Code or any form of health care plan authorized to be439
issued under Chapter 1751. of the Revised Code, or any combination440
of such policies, contracts, or plans that the contracting441
authority is authorized to purchase, and the contracting authority442
does all of the following:443

       (1) Determines that compliance with the requirements of this444
section would increase, rather than decrease, the cost of the445
purchase;446

       (2) Employs a competent consultant to assist the contracting447
authority in procuring appropriate coverages at the best and448
lowest prices;449

       (3) Requests issuers of the policies, contracts, or plans to 450
submit proposals to the contracting authority, in a form451
prescribed by the contracting authority, setting forth the452
coverage and cost of the policies, contracts, or plans as the453
contracting authority desires to purchase;454

       (4) Negotiates with the issuers for the purpose of purchasing 455
the policies, contracts, or plans at the best and lowest price 456
reasonably possible.457

       (G) The purchase consists of computer hardware, software, or458
consulting services that are necessary to implement a computerized459
case management automation project administered by the Ohio460
prosecuting attorneys association and funded by a grant from the461
federal government.462

       (H) Child day-carecare services are purchased for provision 463
to county employees.464

       (I)(1) Property, including land, buildings, and other real465
property, is leased for offices, storage, parking, or other466
purposes, and all of the following apply:467

       (a) The contracting authority is authorized by the Revised468
Code to lease the property.469

       (b) The contracting authority develops requests for proposals 470
for leasing the property, specifying the criteria that will be 471
considered prior to leasing the property, including the desired 472
size and geographic location of the property.473

       (c) The contracting authority receives responses from474
prospective lessors with property meeting the criteria specified475
in the requests for proposals by giving notice in a manner476
substantially similar to the procedures established for giving477
notice under section 307.87 of the Revised Code.478

       (d) The contracting authority negotiates with the prospective 479
lessors to obtain a lease at the best and lowest price reasonably 480
possible considering the fair market value of the property and any 481
relocation and operational costs that may be incurred during the 482
period the lease is in effect.483

       (2) The contracting authority may use the services of a real484
estate appraiser to obtain advice, consultations, or other485
recommendations regarding the lease of property under this486
division.487

       (J) The purchase is made pursuant to section 5139.34 or488
sections 5139.41 to 5139.46 of the Revised Code and is of programs489
or services that provide case management, treatment, or prevention490
services to any felony or misdemeanant delinquent, unruly youth,491
or status offender under the supervision of the juvenile court,492
including, but not limited to, community residential care, day493
treatment, services to children in their home, or electronic494
monitoring.495

       (K) The purchase is made by a public children services agency 496
pursuant to section 307.92 or 5153.16 of the Revised Code and 497
consists of family services, programs, or ancillary services that 498
provide case management, prevention, or treatment services for 499
children at risk of being or alleged to be abused, neglected, or 500
dependent children.501

       Any issuer of policies, contracts, or plans listed in502
division (F) of this section and any prospective lessor under503
division (I) of this section may have the issuer's or prospective504
lessor's name and address, or the name and address of an agent,505
placed on a special notification list to be kept by the506
contracting authority, by sending the contracting authority that507
name and address. The contracting authority shall send notice to508
all persons listed on the special notification list. Notices shall509
state the deadline and place for submitting proposals. The510
contracting authority shall mail the notices at least six weeks511
prior to the deadline set by the contracting authority for512
submitting proposals. Every five years the contracting authority513
may review this list and remove any person from the list after514
mailing the person notification of that action.515

       Any contracting authority that negotiates a contract under516
division (F) of this section shall request proposals and517
renegotiate with issuers in accordance with that division at least518
every three years from the date of the signing of such a contract.519

       Any consultant employed pursuant to division (F) of this520
section and any real estate appraiser employed pursuant to521
division (I) of this section shall disclose any fees or522
compensation received from any source in connection with that523
employment.524

       Sec. 329.06.  (A) Except as provided in division (C) of this 525
section and section 6301.08 of the Revised Code, the board of 526
county commissioners shall establish a county family services 527
planning committee. The board shall appoint a member to represent 528
the county department of job and family services; an employee in 529
the classified civil service of the county department of job and 530
family services, if there are any such employees; and a member to 531
represent the public. The board shall appoint other individuals to 532
the committee in such a manner that the committee's membership is 533
broadly representative of the groups of individuals and the public 534
and private entities that have an interest in the family services 535
provided in the county. The board shall make appointments in a 536
manner that reflects the ethnic and racial composition of the 537
county. The following groups and entities may be represented on 538
the committee:539

       (1) Consumers of family services;540

       (2) The public children services agency;541

       (3) The child support enforcement agency;542

       (4) The county family and children first council;543

       (5) Public and private colleges and universities;544

       (6) Public entities that provide family services, including 545
boards of health, boards of education, the county board of mental 546
retardation and developmental disabilities, and the board of 547
alcohol, drug addiction, and mental health services that serves 548
the county;549

       (7) Private nonprofit and for-profit entities that provide 550
family services in the county or that advocate for consumers of 551
family services in the county, including entities that provide552
services to or advocate for victims of domestic violence;553

       (8) Labor organizations;554

       (9) Any other group or entity that has an interest in the555
family services provided in the county, including groups or556
entities that represent any of the county's business, urban, and557
rural sectors.558

       (B) The county family services planning committee shall do 559
all of the following:560

       (1) Serve as an advisory body to the board of county561
commissioners with regard to the family services provided in the562
county, including assistance under Chapters 5107. and 5108. of the563
Revised Code, publicly funded child day-carecare under Chapter 564
5104. of the Revised Code, and social services provided under 565
section 5101.46 of the Revised Code;566

       (2) At least once a year, review and analyze the county 567
department of job and family services' implementation of the 568
programs established under Chapters 5107. and 5108. of the Revised 569
Code. In its review, the committee shall use information available 570
to it to examine all of the following:571

       (a) Return of assistance groups to participation in either 572
program after ceasing to participate;573

       (b) Teen pregnancy rates among the programs' participants;574

       (c) The other types of assistance the programs' participants575
receive, including medical assistance under Chapter 5111. of the576
Revised Code, publicly funded child day-carecare under Chapter 577
5104. of the Revised Code, food stamp benefits under section 578
5101.54 of the Revised Code, and energy assistance under Chapter 579
5117. of the Revised Code;580

       (d) Other issues the committee considers appropriate.581

       The committee shall make recommendations to the board of 582
county commissioners and county department of job and family583
services regarding the committee's findings.584

       (3) Conduct public hearings on proposed county profiles for 585
the provision of social services under section 5101.46 of the586
Revised Code;587

       (4) At the request of the board, make recommendations and588
provide assistance regarding the family services provided in the589
county;590

       (5) At any other time the committee considers appropriate, 591
consult with the board and make recommendations regarding the 592
family services provided in the county. The committee's 593
recommendations may address the following:594

       (a) Implementation and administration of family service 595
programs;596

       (b) Use of federal, state, and local funds available for 597
family service programs;598

       (c) Establishment of goals to be achieved by family service 599
programs;600

       (d) Evaluation of the outcomes of family service programs;601

       (e) Any other matter the board considers relevant to the 602
provision of family services.603

       (C) If there is a committee in existence in a county on 604
October 1, 1997, that the board of county commissioners determines 605
is capable of fulfilling the responsibilities of a county family606
services planning committee, the board may designate the committee 607
as the county's family services planning committee and the 608
committee shall serve in that capacity.609

       Sec. 2151.011.  (A) As used in the Revised Code:610

       (1) "Juvenile court" means whichever of the following is611
applicable that has jurisdiction under this chapter and Chapter612
2152. of the Revised Code:613

       (a) The division of the court of common pleas specified in614
section 2101.022 or 2301.03 of the Revised Code as having615
jurisdiction under this chapter and Chapter 2152. of the Revised616
Code or as being the juvenile division or the juvenile division617
combined with one or more other divisions;618

       (b) The juvenile court of Cuyahoga county or Hamilton county619
that is separately and independently created by section 2151.08 or 620
Chapter 2153. of the Revised Code and that has jurisdiction under 621
this chapter and Chapter 2152. of the Revised Code;622

       (c) If division (A)(1)(a) or (b) of this section does not623
apply, the probate division of the court of common pleas.624

       (2) "Juvenile judge" means a judge of a court having625
jurisdiction under this chapter.626

       (3) "Private child placing agency" means any association, as627
defined in section 5103.02 of the Revised Code, that is certified628
under section 5103.03 of the Revised Code to accept temporary,629
permanent, or legal custody of children and place the children for630
either foster care or adoption.631

       (4) "Private noncustodial agency" means any person,632
organization, association, or society certified by the department633
of job and family services that does not accept temporary or634
permanent legal custody of children, that is privately operated in635
this state, and that does one or more of the following:636

       (a) Receives and cares for children for two or more637
consecutive weeks;638

       (b) Participates in the placement of children in certified639
foster homes;640

       (c) Provides adoption services in conjunction with a public641
children services agency or private child placing agency.642

       (B) As used in this chapter:643

       (1) "Adequate parental care" means the provision by a child's 644
parent or parents, guardian, or custodian of adequate food, 645
clothing, and shelter to ensure the child's health and physical 646
safety and the provision by a child's parent or parents of 647
specialized services warranted by the child's physical or mental 648
needs.649

       (2) "Adult" means an individual who is eighteen years of age650
or older.651

       (3) "Agreement for temporary custody" means a voluntary652
agreement authorized by section 5103.15 of the Revised Code that653
transfers the temporary custody of a child to a public children654
services agency or a private child placing agency.655

       (4) "Certified foster home" means a foster home, as defined656
in section 5103.02 of the Revised Code, certified under section657
5103.03 of the Revised Code.658

       (5) "Child" means a person who is under eighteen years of659
age, except that the juvenile court has jurisdiction over any660
person who is adjudicated an unruly child prior to attaining661
eighteen years of age until the person attains twenty-one years of662
age, and, for purposes of that jurisdiction related to that663
adjudication, a person who is so adjudicated an unruly child shall664
be deemed a "child" until the person attains twenty-one years of665
age.666

       (6) "Child day camp," "child day-carecare," "child day-care667
center," "part-time child day-care center," "type A family668
day-care home," "certified type B family day-care home," "type B669
home," "administrator of a child day-care center," "administrator670
of a type A family day-care home," "in-home aide," and "authorized671
provider" have the same meanings as in section 5104.01 of the672
Revised Code.673

       (7) "Child day-carecare provider" means an individual who is674
a child-care staff member or administrator of a child day-care675
center, a type A family day-care home, or a type B family day-care676
home, or an in-home aide or an individual who is licensed, is677
regulated, is approved, operates under the direction of, or678
otherwise is certified by the department of job and family679
services, department of mental retardation and developmental680
disabilities, or the early childhood programs of the department of681
education.682

       (8) "Chronic truant" has the same meaning as in section683
2152.02 of the Revised Code.684

       (9) "Commit" means to vest custody as ordered by the court.685

       (10) "Counseling" includes both of the following:686

       (a) General counseling services performed by a public687
children services agency or shelter for victims of domestic688
violence to assist a child, a child's parents, and a child's689
siblings in alleviating identified problems that may cause or have690
caused the child to be an abused, neglected, or dependent child.691

       (b) Psychiatric or psychological therapeutic counseling692
services provided to correct or alleviate any mental or emotional693
illness or disorder and performed by a licensed psychiatrist,694
licensed psychologist, or a person licensed under Chapter 4757. of695
the Revised Code to engage in social work or professional696
counseling.697

       (11) "Custodian" means a person who has legal custody of a698
child or a public children services agency or private child699
placing agency that has permanent, temporary, or legal custody of700
a child.701

       (12) "Delinquent child" has the same meaning as in section702
2152.02 of the Revised Code.703

       (13) "Detention" means the temporary care of children pending 704
court adjudication or disposition, or execution of a court order, 705
in a public or private facility designed to physically restrict 706
the movement and activities of children.707

       (14) "Developmental disability" has the same meaning as in708
section 5123.01 of the Revised Code.709

       (15) "Foster caregiver" has the same meaning as in section710
5103.02 of the Revised Code.711

       (16) "Guardian" means a person, association, or corporation712
that is granted authority by a probate court pursuant to Chapter713
2111. of the Revised Code to exercise parental rights over a child714
to the extent provided in the court's order and subject to the715
residual parental rights of the child's parents.716

       (17) "Habitual truant" means any child of compulsory school717
age who is absent without legitimate excuse for absence from the718
public school the child is supposed to attend for five or more719
consecutive school days, seven or more school days in one school720
month, or twelve or more school days in a school year.721

       (18) "Juvenile traffic offender" has the same meaning as in722
section 2152.02 of the Revised Code.723

       (19) "Legal custody" means a legal status that vests in the724
custodian the right to have physical care and control of the child725
and to determine where and with whom the child shall live, and the726
right and duty to protect, train, and discipline the child and to727
provide the child with food, shelter, education, and medical care,728
all subject to any residual parental rights, privileges, and729
responsibilities. An individual granted legal custody shall730
exercise the rights and responsibilities personally unless731
otherwise authorized by any section of the Revised Code or by the732
court.733

       (20) A "legitimate excuse for absence from the public school734
the child is supposed to attend" includes, but is not limited to,735
any of the following:736

       (a) The fact that the child in question has enrolled in and737
is attending another public or nonpublic school in this or another738
state;739

       (b) The fact that the child in question is excused from740
attendance at school for any of the reasons specified in section741
3321.04 of the Revised Code;742

       (c) The fact that the child in question has received an age743
and schooling certificate in accordance with section 3331.01 of744
the Revised Code.745

       (21) "Mental illness" and "mentally ill person subject to746
hospitalization by court order" have the same meanings as in747
section 5122.01 of the Revised Code.748

       (22) "Mental injury" means any behavioral, cognitive,749
emotional, or mental disorder in a child caused by an act or750
omission that is described in section 2919.22 of the Revised Code751
and is committed by the parent or other person responsible for the752
child's care.753

       (23) "Mentally retarded person" has the same meaning as in754
section 5123.01 of the Revised Code.755

       (24) "Nonsecure care, supervision, or training" means care,756
supervision, or training of a child in a facility that does not757
confine or prevent movement of the child within the facility or758
from the facility.759

       (25) "Of compulsory school age" has the same meaning as in760
section 3321.01 of the Revised Code.761

       (26) "Organization" means any institution, public,762
semipublic, or private, and any private association, society, or763
agency located or operating in the state, incorporated or764
unincorporated, having among its functions the furnishing of765
protective services or care for children, or the placement of766
children in certified foster homes or elsewhere.767

       (27) "Out-of-home care" means detention facilities, shelter768
facilities, certified foster homes, placement in a prospective769
adoptive home prior to the issuance of a final decree of adoption,770
organizations, certified organizations, child day-care centers,771
type A family day-care homes, child day-carecare provided by type 772
B family day-care home providers and by in-home aides, group home773
providers, group homes, institutions, state institutions,774
residential facilities, residential care facilities, residential775
camps, day camps, hospitals, and medical clinics that are776
responsible for the care, physical custody, or control of777
children.778

       (28) "Out-of-home care child abuse" means any of the779
following when committed by a person responsible for the care of a780
child in out-of-home care:781

       (a) Engaging in sexual activity with a child in the person's782
care;783

       (b) Denial to a child, as a means of punishment, of proper or 784
necessary subsistence, education, medical care, or other care785
necessary for a child's health;786

       (c) Use of restraint procedures on a child that cause injury787
or pain;788

       (d) Administration of prescription drugs or psychotropic789
medication to the child without the written approval and ongoing790
supervision of a licensed physician;791

       (e) Commission of any act, other than by accidental means,792
that results in any injury to or death of the child in out-of-home793
care or commission of any act by accidental means that results in794
an injury to or death of a child in out-of-home care and that is795
at variance with the history given of the injury or death.796

       (29) "Out-of-home care child neglect" means any of the797
following when committed by a person responsible for the care of a798
child in out-of-home care:799

       (a) Failure to provide reasonable supervision according to800
the standards of care appropriate to the age, mental and physical801
condition, or other special needs of the child;802

       (b) Failure to provide reasonable supervision according to803
the standards of care appropriate to the age, mental and physical804
condition, or other special needs of the child, that results in805
sexual or physical abuse of the child by any person;806

       (c) Failure to develop a process for all of the following:807

       (i) Administration of prescription drugs or psychotropic808
drugs for the child;809

       (ii) Assuring that the instructions of the licensed physician 810
who prescribed a drug for the child are followed;811

       (iii) Reporting to the licensed physician who prescribed the812
drug all unfavorable or dangerous side effects from the use of the813
drug.814

       (d) Failure to provide proper or necessary subsistence,815
education, medical care, or other individualized care necessary816
for the health or well-being of the child;817

       (e) Confinement of the child to a locked room without818
monitoring by staff;819

       (f) Failure to provide ongoing security for all prescription820
and nonprescription medication;821

       (g) Isolation of a child for a period of time when there is822
substantial risk that the isolation, if continued, will impair or823
retard the mental health or physical well-being of the child.824

       (30) "Permanent custody" means a legal status that vests in a 825
public children services agency or a private child placing agency, 826
all parental rights, duties, and obligations, including the right 827
to consent to adoption, and divests the natural parents or 828
adoptive parents of all parental rights, privileges, and829
obligations, including all residual rights and obligations.830

       (31) "Permanent surrender" means the act of the parents or,831
if a child has only one parent, of the parent of a child, by a832
voluntary agreement authorized by section 5103.15 of the Revised833
Code, to transfer the permanent custody of the child to a public834
children services agency or a private child placing agency.835

       (32) "Person responsible for a child's care in out-of-home836
care" means any of the following:837

       (a) Any foster caregiver, in-home aide, or provider;838

       (b) Any administrator, employee, or agent of any of the839
following: a public or private detention facility; shelter840
facility; organization; certified organization; child day-care841
center; type A family day-care home; certified type B family842
day-care home; group home; institution; state institution;843
residential facility; residential care facility; residential camp;844
day camp; hospital; or medical clinic;845

       (c) Any other person who performs a similar function with846
respect to, or has a similar relationship to, children.847

       (33) "Physically impaired" means having one or more of the848
following conditions that substantially limit one or more of an849
individual's major life activities, including self-care, receptive850
and expressive language, learning, mobility, and self-direction:851

       (a) A substantial impairment of vision, speech, or hearing;852

       (b) A congenital orthopedic impairment;853

       (c) An orthopedic impairment caused by disease, rheumatic854
fever or any other similar chronic or acute health problem, or855
amputation or another similar cause.856

       (34) "Placement for adoption" means the arrangement by a857
public children services agency or a private child placing agency858
with a person for the care and adoption by that person of a child859
of whom the agency has permanent custody.860

       (35) "Placement in foster care" means the arrangement by a861
public children services agency or a private child placing agency862
for the out-of-home care of a child of whom the agency has863
temporary custody or permanent custody.864

       (36) "Planned permanent living arrangement" means an order of 865
a juvenile court pursuant to which both of the following apply:866

       (a) The court gives legal custody of a child to a public867
children services agency or a private child placing agency without868
the termination of parental rights.869

       (b) The order permits the agency to make an appropriate870
placement of the child and to enter into a written agreement with871
a foster care provider or with another person or agency with whom872
the child is placed.873

       (37) "Practice of social work" and "practice of professional874
counseling" have the same meanings as in section 4757.01 of the875
Revised Code.876

       (38) "Sanction, service, or condition" means a sanction,877
service, or condition created by court order following an878
adjudication that a child is an unruly child that is described in879
division (A)(4) of section 2152.19 of the Revised Code.880

       (39) "Protective supervision" means an order of disposition881
pursuant to which the court permits an abused, neglected,882
dependent, or unruly child to remain in the custody of the child's 883
parents, guardian, or custodian and stay in the child's home, 884
subject to any conditions and limitations upon the child, the885
child's parents, guardian, or custodian, or any other person that 886
the court prescribes, including supervision as directed by the 887
court for the protection of the child.888

       (40) "Psychiatrist" has the same meaning as in section889
5122.01 of the Revised Code.890

       (41) "Psychologist" has the same meaning as in section891
4732.01 of the Revised Code.892

       (42) "Residential camp" means a program in which the care,893
physical custody, or control of children is accepted overnight for894
recreational or recreational and educational purposes.895

       (43) "Residential care facility" means an institution,896
residence, or facility that is licensed by the department of897
mental health under section 5119.22 of the Revised Code and that898
provides care for a child.899

       (44) "Residential facility" means a home or facility that is900
licensed by the department of mental retardation and developmental901
disabilities under section 5123.19 of the Revised Code and in902
which a child with a developmental disability resides.903

       (45) "Residual parental rights, privileges, and904
responsibilities" means those rights, privileges, and905
responsibilities remaining with the natural parent after the906
transfer of legal custody of the child, including, but not907
necessarily limited to, the privilege of reasonable visitation,908
consent to adoption, the privilege to determine the child's909
religious affiliation, and the responsibility for support.910

       (46) "School day" means the school day established by the911
state board of education pursuant to section 3313.48 of the912
Revised Code.913

       (47) "School month" and "school year" have the same meanings914
as in section 3313.62 of the Revised Code.915

       (48) "Secure correctional facility" means a facility under916
the direction of the department of youth services that is designed917
to physically restrict the movement and activities of children and918
used for the placement of children after adjudication and919
disposition.920

       (49) "Sexual activity" has the same meaning as in section921
2907.01 of the Revised Code.922

       (50) "Shelter" means the temporary care of children in923
physically unrestricted facilities pending court adjudication or924
disposition.925

       (51) "Shelter for victims of domestic violence" has the same926
meaning as in section 3113.33 of the Revised Code.927

       (52) "Temporary custody" means legal custody of a child who928
is removed from the child's home, which custody may be terminated929
at any time at the discretion of the court or, if the legal930
custody is granted in an agreement for temporary custody, by the931
person who executed the agreement.932

       (C) For the purposes of this chapter, a child shall be933
presumed abandoned when the parents of the child have failed to934
visit or maintain contact with the child for more than ninety935
days, regardless of whether the parents resume contact with the936
child after that period of ninety days.937

       Sec. 2151.861.  (A) The department of job and family services 938
may periodically conduct a random sampling of registered child day 939
camps to determine compliance with section 2151.86 of the Revised 940
Code. 941

       (B)(1) No child day camp shall fail to comply with section 942
2151.86 of the Revised Code in regards to a person it appoints or 943
employs.944

       (2) If the department determines that a child day camp has 945
violated division (B)(1) of this section, the department shall do 946
both of the following:947

       (a) Consider imposing a civil penalty on the child day camp 948
in an amount that shall not exceed ten per cent of the camp's 949
gross revenues for the full month immediately preceding the month 950
in which the violation occurred. If the camp was not operating for 951
the entire calendar month preceding the month in which the 952
violation occurred, the penalty shall be five hundred dollars.953

       (b) Order the child day camp to initiate a criminal records 954
check of the person who is the subject of the violation within a 955
specified period of time.956

       (3) If, within the specified period of time, the child day 957
camp fails to comply with an order to initiate a criminal records 958
check of the person who is the subject of the violation or to 959
release the person from the appointment or employment, the 960
department shall do both of the following:961

       (a) Impose a civil penalty in an amount not less than the 962
amount previously imposed and that shall not exceed twice the 963
amount permitted by division (B)(2)(a) of this section;964

       (b) Order the child day camp to initiate a criminal records 965
check of the person who is the subject of the violation within a 966
specified period of time.967

       (C) If the department determines that a child day camp has 968
violated division (B)(1) of this section, the department may post 969
a notice at a prominent place at the camp that states that the 970
camp has failed to conduct criminal records checks of its 971
appointees or employees as required by section 2151.86 of the 972
Revised Code. Once the camp demonstrates to the department that 973
the camp is in compliance with that section, the department shall 974
permit the camp to remove the notice. 975

       (D) The department shall include on the department's web site 976
a list of child day camps that the department has determined from 977
a random sample to be not in compliance with the criminal records 978
check requirements of section 2151.86 of the Revised Code. The 979
department shall remove a camp's name from the list when the camp 980
demonstrates to the department that the camp is in compliance with 981
that section.982

       (E) For the purposes of divisions (C) and (D) of this 983
section, a child day camp will be considered to be in compliance 984
with section 2151.86 of the Revised Code by doing any of the 985
following:986

       (1) Requesting that the bureau of criminal identification and 987
investigation conduct a criminal records check regarding the 988
person who is the subject of the violation of division (B)(1) of 989
this section and, if the person does not qualify for the 990
appointment or employment, releasing the person from the 991
appointment or employment;992

       (2) Releasing the person who is the subject of the violation 993
from the appointment or employment.994

       (F) The attorney general shall commence and prosecute to 995
judgment a civil action in a court of competent jurisdiction to 996
collect any civil penalty imposed under this section that remains 997
unpaid.998

       (G) A child day camp may appeal any action the department 999
takes under divisions (B) to (D) of this section to the court of 1000
common pleas of the county in which the camp is located.1001

       Sec. 2919.223. As used in sections 2919.223 to 2919.227 of13
the Revised Code:14

       (A) "Child care," "child day-care center," "in-home15
aide," "type A family day-care home," and "type B family day-care16
home" have the same meanings as in section 5104.01 of the Revised17
Code.18

       (B) "Child care center licensee" means the owner of a 19
child day-care center licensed pursuant to Chapter 5104. of the 20
Revised Code who is responsible for ensuring the center's 21
compliance with Chapter 5104. of the Revised Code and rules 22
adopted pursuant to that chapter.23

       (C) "Child care facility" means a child day-care center,24
a type A family day-care home, or a type B family day-care home.25

       (D) "Child care provider" means any of the following:26

       (1) An owner, provider, administrator, or employee of, or27
volunteer at, a child care facility;28

       (2) An in-home aide;29

       (3) A person who represents that the person provides child30
care.31

       (E) "Peace officer" has the same meaning as in section32
2935.01 of the Revised Code.33

       Sec. 2919.224. (A) No child care provider shall knowingly34
misrepresent any factor or condition that relates to the provision35
of child care and that substantially affects the health or36
safety of any child or children in that provider's facility or37
receiving child care from that provider to any of the38
following:39

       (1) A parent, guardian, custodian, or other person40
responsible for the care of a child in the provider's facility or41
receiving child care from the provider;42

       (2) A parent, guardian, custodian, or other person43
responsible for the care of a child who is considering the 44
provider as a child care provider for the child;45

       (3) A public official responsible for issuing the provider a46
license or certificate to provide child care;47

       (4) A public official investigating or inquiring about the48
provision of child care by the provider;49

       (5) A peace officer.50

        (B) For the purposes of this section, "any factor or51
condition that relates to the provision of child care"52
includes, but is not limited to, the following:53

       (1) The person or persons who will provide child care to54
the child of the parent, guardian, custodian, or other person55
responsible for the care of the child, or to the children in56
general;57

       (2) The qualifications to provide child care of the child58
care provider, of a person employed by the provider, or of a59
person who provides child care as a volunteer;60

       (3) The number of children to whom child care is provided61
at one time or the number of children receiving child care in62
the child care facility at one time; 63

       (4) The conditions or safety features of the child care64
facility;65

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

       (C) Whoever violates division (A) of this section is guilty68
of misrepresentation by a child care provider, a misdemeanor69
of the first degree.70

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

       (1) A child died while under the care of the home or while 78
receiving child care from the owner, provider, or 79
administrator or died as a result of injuries suffered while under 80
the care of the home or while receiving child care from the 81
owner, provider, or administrator.82

       (2) Within the preceding ten years, a child suffered injuries83
while under the care of the home or while receiving child care 84
from the owner, provider, or administrator, and those injuries led 85
to the child being hospitalized for more than twenty-four hours.86

       (B)(1) Subject to division (C) of this section, no owner, 87
provider, or administrator of a type A family day-care home or 88
type B family day-care home shall fail to provide notice in 89
accordance with division (B)(3) of this section to the persons and 90
entities specified in division (B)(2) of this section, of any of 91
the following that occurs:92

       (a) A child who is under the care of the home or is receiving 93
child care from the owner, provider, or administrator dies 94
while under the care of the home or while receiving child care 95
from the owner, provider, or administrator or dies as a result of96
injuries suffered while under the care of the home or while 97
receiving child day-care from the owner, provider, or98
administrator.99

       (b) A child who is under the care of the home or is receiving 100
child care from the owner, provider, or administrator is 101
hospitalized for more than twenty-four hours as a result of 102
injuries suffered while under the care of the home or while 103
receiving child care from the owner, provider, or 104
administrator.105

       (2) An owner, provider, or administrator of a home shall 106
provide the notices required under division (B)(1) of this section 107
to each of the following:108

       (a) For each child who, at the time of the injury or death109
for which the notice is required, is receiving or is enrolled to110
receive child care at the home or from the owner, provider, or 111
administrator, to the parent, guardian, custodian, or other person 112
responsible for the care of the child;113

       (b) If the notice is required as the result of the death of a 114
child as described in division (B)(1)(a) of this section, to the115
public children services agency of the county in which the home is 116
located or the child care was given, a municipal or county 117
peace officer in the county in which the child resides or in which 118
the home is located or the child care was given, and the child 119
fatality review board appointed under section 307.621 of the 120
Revised Code that serves the county in which the home is located 121
or the child care was given.122

       (3) An owner, provider, or administrator of a home shall 123
provide the notices required by divisions (B)(1) and (2) of this 124
section not later than forty-eight hours after the child dies or, 125
regarding a child who is hospitalized for more than twenty-four 126
hours as a result of injuries suffered while under the care of the 127
home, not later than forty-eight hours after the child suffers the128
injuries. If a child is hospitalized for more than twenty-four129
hours as a result of injuries suffered while under the care of the 130
home, and the child subsequently dies as a result of those 131
injuries, the owner, provider, or administrator shall provide 132
separate notices under divisions (B)(1) and (2) of this section 133
regarding both the injuries and the death. All notices provided 134
under divisions (B)(1) and (2) of this section shall state that 135
the death or injury occurred.136

       (C) Division (A) of this section does not require more than137
one person to make disclosures to the same parent, guardian,138
custodian, or other person responsible for the care of a child139
regarding any single injury or death for which disclosure is140
required under that division. Division (B) of this section does141
not require more than one person to give notices to the same142
parent, guardian, custodian, other person responsible for the care143
of the child, public children services agency, peace officer, or144
child fatality review board regarding any single injury or death145
for which disclosure is required under division (B)(1) of this146
section.147

        (D) An owner, provider, or administrator of a type A family 148
day-care home or type B family day-care home is not subject to 149
civil liability solely for making a disclosure required by this 150
section.151

       (E) Whoever violates division (A) or (B) of this section is152
guilty of failure of a type A or type B family day-care home to 153
disclose the death or serious injury of a child, a misdemeanor of 154
the fourth degree.155

       Sec. 2919.226. (A) If a child care provider accurately 156
answers the questions on a child care disclosure form that is 157
in substantially the form set forth in division (B) of this 158
section, presents the form to a person identified in division 159
(A)(1) or (2) of section 2919.224 of the Revised Code, and obtains 160
the person's signature on the acknowledgement in the form, to the 161
extent that the information set forth on the form is accurate, the 162
provider who presents the form is not subject to prosecution under 163
division (A) of section 2919.224 of the Revised Code regarding 164
presentation of that information to that person.165

       An owner, provider, or administrator of a type A family 166
day-care home or a type B family day-care home may comply with 167
division (A) of section 2919.225 of the Revised Code by accurately168
answering the questions on a child care disclosure form that 169
is in substantially the form set forth in division (B) of this 170
section, providing a copy of the form to the parent, guardian, 171
custodian, or other person responsible for the care of a child and 172
to whom disclosure is to be made under division (A) of section 173
2919.225 of the Revised Code, and obtaining the person's signature 174
on the acknowledgement in the form.175

        The use of the form set forth in division (B) of this section 176
is discretionary and is not required to comply with any disclosure177
requirement contained in section 2919.225 of the Revised Code or178
for any purpose related to section 2919.224 of the Revised Code.179

       (B) To be sufficient for the purposes described in division180
(A) of this section, a child care disclosure form shall be in181
substantially the following form:182

"CHILD CARE DISCLOSURE FORM
183

       Please Note: This form contains information that is accurate 184
only at the time the form is given to you. The information 185
provided in this form is likely to change over time. It is the 186
duty of the person responsible for the care of the child to 187
monitor the status of child care services to ensure that those 188
services remain satisfactory. If a question on this form is left 189
unanswered, the child care provider makes no assertion 190
regarding the question. Choosing appropriate child care for a 191
child is a serious responsibility, and the person responsible for 192
the care of the child is encouraged to make all appropriate 193
inquiries. Also, in acknowledging receipt of this form, the person 194
responsible for the care of the child acknowledges that in 195
selecting the child care provider the person is not relying on 196
any representations other than those provided in this form unless 197
the child care provider has acknowledged the other 198
representations in writing.199

       1. What are the names and qualifications to provide child200
care of: (a) the child care provider, (b) the employee who201
will provide child care to the applicant child, (c) the202
volunteer who will provide child care to the applicant child,203
and (d) any other employees or volunteers of the child care204
provider? (attach additional sheets if necessary):205

206
207
208

       2. What is the maximum number of children to whom you provide 209
child care at one time? (If children are divided into groups 210
or classes, please describe the maximum number of children in each 211
group or class and indicate the group or class in which the 212
applicant child will be placed.):213

214
215
216

       3. Where in the home will you provide child care to the 217
applicant child?:218

219
220
221

       4. Has a child died while in the care of, or receiving child 222
care from, the child care provider? (Yes/No)223

       Description/explanation (attach additional sheets if224
necessary)225

226
227
228

       5. Has a child died as a result of injuries suffered while229
under the care of, or receiving child care from, the child 230
day-care provider? (Yes/No)231

        Description/explanation (attach additional sheets if232
necessary)233

234
235
236

       6. Within the preceding ten years, has a child suffered237
injuries while under the care of, or receiving child care 238
from, the child care provider that led to the child being 239
hospitalized for more than 24 hours? (Yes/No)240

       Description/explanation (attach additional sheets if241
necessary)242

243
244
245

246
Signature of person completing form Date 247
248
Name of person completing form 249
(Typed or printed) 250
251
Title of person completing form 252
(Typed or printed) 253

       Acknowledgement:254

       I hereby acknowledge that I have been given a copy of the255
preceding document and have read and understood its contents. I256
further acknowledge that I am not relying on any other257
representations in selecting the child care provider unless258
the child care provider has acknowledged the other259
representations in writing.260

261
Person receiving the form Date" 262

       (C) If a child care provider accurately answers the 263
questions on a disclosure form that is substantially similar to 264
the form described in division (B) of this section, presents 265
the form to a person identified in division (A)(1) or (2) of 266
section 2919.224 of the Revised Code, and obtains the person's 267
signature on the acknowledgement in the form, to the extent that 268
the information set forth on the form is accurate, the form is 269
sufficient for the purposes described in division (A) of this 270
section.271

       An owner, provider, or administrator of a type A family 272
day-care home or a type B family day-care home who accurately 273
answers the questions on a disclosure form that is substantially274
similar to the form described in division (B) of this section, 275
provides a copy of the completed form to the parent, guardian,276
custodian, or other person who is responsible for the care of a277
child and to whom disclosure is to be made under division (A) of278
section 2919.225 of the Revised Code, and obtains the person's 279
signature on the acknowledgement in the form complies with the280
requirements of that division. If the owner, provider, or 281
administrator uses the disclosure form, leaving a portion of the 282
disclosure form blank does not constitute a misrepresentation for 283
the purposes of section 2919.224 of the Revised Code but may 284
constitute a violation of section 2919.225 of the Revised Code. 285
The owner, provider, or administrator of a type A family day-care 286
home or type B family day-care home who completes the disclosure 287
form and provides a copy of the form to any person described in 288
section 2919.224 or 2919.225 of the Revised Code may retain a copy 289
of the completed form.290

       Sec. 2919.227.  (A)(1) No child care center licensee 291
shall accept a child into that center without first providing to 292
the parent, guardian, custodian, or other person responsible for 293
the care of that child the following information, if the parent, 294
guardian, custodian, or other person responsible for the care of 295
the child requests the information:296

       (a) The types of injuries to children, as reported in 297
accordance with rules adopted under section 5104.011 of the 298
Revised Code, that occurred at the center on or after April 1, 299
2003, or the date that is two years before the date the 300
information is requested, whichever date is more recent;301

       (b) The number of each type of injury to children that 302
occurred at the center during that period.303

       (2) If a death described in division (A)(2)(a) or (A)(2)(b) 304
of this section occurred during the fifteen-year period immediately preceding the 305
date that the parent, guardian, custodian, or other person 306
responsible for the care of a child seeks to enroll that child, no 307
child care center licensee shall accept that child into that 308
center without first providing to the parent, guardian, custodian, 309
or other person responsible for the care of that child a notice 310
that states that the death occurred.311

        (a) A child died while under the care of the center or while 312
receiving child care from the owner, provider, or 313
administrator of the center;314

       (b) A child died as a result of injuries suffered while under 315
the care of the center or while receiving child care from the 316
owner, provider, or administrator of the center.317

       (3) Each child care center licensee shall keep on file at 318
the center a copy of the information provided under this division 319
for at least three years after providing the information.320

       (B)(1) No child care center licensee shall fail to 321
provide notice in accordance with division (B)(3) of this section 322
to the persons and entities specified in division (B)(2) of this 323
section if a child who is under the care of the center or is 324
receiving child care from the owner, provider, or 325
administrator of the center dies while under the care of the 326
center or while receiving child care from the owner, provider, 327
or administrator or dies as a result of injuries suffered while 328
under the care of the center or while receiving child care 329
from the owner, provider, or administrator.330

       (2) A child care center licensee shall provide the notice 331
required under division (B)(1) of this section to all of the 332
following:333

       (a) The parent, guardian, custodian, or other person 334
responsible for the care of each child who, at the time of the 335
death for which notice is required, is receiving or is enrolled to 336
receive child care from the center;337

       (b) The public children services agency of the county in 338
which the center is located or the child care was given;339

       (c) A municipal or county peace officer in the county in 340
which the child resides or in which the center is located or the 341
child care was given;342

       (d) The child fatality review board appointed under section 343
307.621 of the Revised Code that serves the county in which the 344
center is located or the child care was given.345

       (3) A child care center licensee shall provide the notice 346
required by division (B)(1) of this section not later than 347
forty-eight hours after the child dies. The notice shall state 348
that the death occurred.349

       (C) Whoever violates division (A) or (B) of this section is 350
guilty of failure of a child care center to disclose the death 351
or serious injury of a child, a misdemeanor of the fourth degree.352

       Sec. 2923.124. As used in sections 2923.124 to 2923.1213 of1028
the Revised Code:1029

       (A) "Application form" means the application form prescribed1030
pursuant to division (A)(1) of section 109.731 of the Revised Code1031
and includes a copy of that form.1032

       (B) "Competency certification" and "competency certificate"1033
mean a document of the type described in division (B)(3) of1034
section 2923.125 of the Revised Code.1035

       (C) "Detention facility" has the same meaning as in section1036
2921.01 of the Revised Code.1037

       (D) "Licensee" means a person to whom a license to carry a1038
concealed handgun has been issued under section 2923.125 of the1039
Revised Code and, except when the context clearly indicates 1040
otherwise, includes a person to whom a temporary emergency license 1041
to carry a concealed handgun has been issued under section 1042
2923.1213 of the Revised Code.1043

       (E) "License fee" or "license renewal fee" means the fee for1044
a license to carry a concealed handgun or the fee to renew that1045
license that is prescribed pursuant to division (C) of section1046
109.731 of the Revised Code and that is to be paid by an applicant1047
for a license of that type.1048

       (F) "Peace officer" has the same meaning as in section1049
2935.01 of the Revised Code.1050

       (G) "State correctional institution" has the same meaning as1051
in section 2967.01 of the Revised Code.1052

        (H) "Valid license" means a license or temporary emergency 1053
license to carry a concealed handgun that has been issued under 1054
section 2923.125 or 2923.1213 of the Revised Code, that is 1055
currently valid, that is not under a suspension under division 1056
(A)(1) of section 2923.128 or under sectiomsection 2923.1213 of 1057
the Revised Code, and that has not been revoked under division 1058
(B)(1) of section 2923.128 or under section 2923.1213 of the 1059
Revised Code.1060

       (I) "Civil protection order" means a protection order issued, 1061
or consent agreement approved, under section 2903.214 or 3113.31 1062
of the Revised Code.1063

       (J) "Temporary protection order" means a protection order 1064
issued under section 2903.213 or 2919.26 of the Revised Code.1065

       (K) "Protection order issued by a court of another state" has 1066
the same meaning as in section 2919.27 of the Revised Code.1067

       (L) "Child day-care center," "type A family day-care home" 1068
and "type B family day-care home" have the same meanings as in 1069
section 5104.01 of the Revised Code.1070

        (M) "Type C family day-care home" means a family day-care 1071
home authorized to provide child day-carecare by Sub. H.B. 62 of 1072
the 121st General Assemblygeneral assembly, as amended by Am. 1073
Sub. S.B. 160 of the 121st General Assemblygeneral assembly and 1074
Sub. H.B. 407 of the 123rd General Assemblygeneral assembly.1075

       (N) "Foreign air transportation," "interstate air 1076
transportation," and "intrastate air transportation" have the same 1077
meanings as in 49 U.S.C. 40102, as now or hereafter amended.1078

       Sec. 3109.051.  (A) If a divorce, dissolution, legal1079
separation, or annulment proceeding involves a child and if the1080
court has not issued a shared parenting decree, the court shall1081
consider any mediation report filed pursuant to section 3109.0521082
of the Revised Code and, in accordance with division (C) of this1083
section, shall make a just and reasonable order or decree1084
permitting each parent who is not the residential parent to have 1085
parenting time with the child at the time and under the conditions 1086
that the court directs, unless the court determines that it would 1087
not be in the best interest of the child to permit that parent to 1088
have parenting time with the child and includes in the journal its 1089
findings of fact and conclusions of law. Whenever possible, the 1090
order or decree permitting the parenting time shall ensure the1091
opportunity for both parents to have frequent and continuing 1092
contact with the child, unless frequent and continuing contact by 1093
either parent with the child would not be in the best interest of 1094
the child. The court shall include in its final decree a specific 1095
schedule of parenting time for that parent. Except as provided in 1096
division (E)(6) of section 3113.31 of the Revised Code, if the 1097
court, pursuant to this section, grants parenting time to a parent 1098
or companionship or visitation rights to any other person with 1099
respect to any child, it shall not require the public children 1100
services agency to provide supervision of or other services 1101
related to that parent's exercise of parenting time or that 1102
person's exercise of companionship or visitation rights with 1103
respect to the child. This section does not limit the power of a 1104
juvenile court pursuant to Chapter 2151. of the Revised Code to 1105
issue orders with respect to children who are alleged to be 1106
abused, neglected, or dependent children or to make dispositions 1107
of children who are adjudicated abused, neglected, or dependent1108
children or of a common pleas court to issue orders pursuant to 1109
section 3113.31 of the Revised Code.1110

       (B)(1) In a divorce, dissolution of marriage, legal1111
separation, annulment, or child support proceeding that involves a 1112
child, the court may grant reasonable companionship or visitation 1113
rights to any grandparent, any person related to the child by 1114
consanguinity or affinity, or any other person other than a 1115
parent, if all of the following apply:1116

       (a) The grandparent, relative, or other person files a motion 1117
with the court seeking companionship or visitation rights.1118

       (b) The court determines that the grandparent, relative, or 1119
other person has an interest in the welfare of the child.1120

       (c) The court determines that the granting of the1121
companionship or visitation rights is in the best interest of the1122
child.1123

       (2) A motion may be filed under division (B)(1) of this1124
section during the pendency of the divorce, dissolution of1125
marriage, legal separation, annulment, or child support proceeding 1126
or, if a motion was not filed at that time or was filed at that 1127
time and the circumstances in the case have changed, at any time 1128
after a decree or final order is issued in the case.1129

       (C) When determining whether to grant parenting time rights 1130
to a parent pursuant to this section or section 3109.12 of the 1131
Revised Code or to grant companionship or visitation rights to a 1132
grandparent, relative, or other person pursuant to this section or 1133
section 3109.11 or 3109.12 of the Revised Code, when establishing 1134
a specific parenting time or visitation schedule, and when 1135
determining other parenting time matters under this section or 1136
section 3109.12 of the Revised Code or visitation matters under1137
this section or section 3109.11 or 3109.12 of the Revised Code,1138
the court shall consider any mediation report that is filed1139
pursuant to section 3109.052 of the Revised Code and shall1140
consider all other relevant factors, including, but not limited1141
to, all of the factors listed in division (D) of this section. In 1142
considering the factors listed in division (D) of this section for 1143
purposes of determining whether to grant parenting time or1144
visitation rights, establishing a specific parenting time or 1145
visitation schedule, determining other parenting time matters 1146
under this section or section 3109.12 of the Revised Code or1147
visitation matters under this section or under section 3109.11 or1148
3109.12 of the Revised Code, and resolving any issues related to1149
the making of any determination with respect to parenting time or1150
visitation rights or the establishment of any specific parenting 1151
time or visitation schedule, the court, in its discretion, may 1152
interview in chambers any or all involved children regarding their 1153
wishes and concerns. If the court interviews any child concerning 1154
the child's wishes and concerns regarding those parenting time or 1155
visitation matters, the interview shall be conducted in chambers, 1156
and no person other than the child, the child's attorney, the 1157
judge, any necessary court personnel, and, in the judge's 1158
discretion, the attorney of each parent shall be permitted to be 1159
present in the chambers during the interview. No person shall 1160
obtain or attempt to obtain from a child a written or recorded 1161
statement or affidavit setting forth the wishes and concerns of 1162
the child regarding those parenting time or visitation matters. A1163
court, in considering the factors listed in division (D) of this1164
section for purposes of determining whether to grant any parenting 1165
time or visitation rights, establishing a parenting time or 1166
visitation schedule, determining other parenting time matters 1167
under this section or section 3109.12 of the Revised Code or 1168
visitation matters under this section or under section 3109.11 or 1169
3109.12 of the Revised Code, or resolving any issues related to 1170
the making of any determination with respect to parenting time or1171
visitation rights or the establishment of any specific parenting 1172
time or visitation schedule, shall not accept or consider a 1173
written or recorded statement or affidavit that purports to set 1174
forth the child's wishes or concerns regarding those parenting 1175
time or visitation matters.1176

       (D) In determining whether to grant parenting time to a 1177
parent pursuant to this section or section 3109.12 of the Revised 1178
Code or companionship or visitation rights to a grandparent, 1179
relative, or other person pursuant to this section or section 1180
3109.11 or 3109.12 of the Revised Code, in establishing a specific 1181
parenting time or visitation schedule, and in determining other 1182
parenting time matters under this section or section 3109.12 of 1183
the Revised Code or visitation matters under this section or1184
section 3109.11 or 3109.12 of the Revised Code, the court shall1185
consider all of the following factors:1186

       (1) The prior interaction and interrelationships of the child 1187
with the child's parents, siblings, and other persons related by 1188
consanguinity or affinity, and with the person who requested1189
companionship or visitation if that person is not a parent,1190
sibling, or relative of the child;1191

       (2) The geographical location of the residence of each parent 1192
and the distance between those residences, and if the person is 1193
not a parent, the geographical location of that person's residence 1194
and the distance between that person's residence and the child's1195
residence;1196

       (3) The child's and parents' available time, including, but 1197
not limited to, each parent's employment schedule, the child's 1198
school schedule, and the child's and the parents' holiday and 1199
vacation schedule;1200

       (4) The age of the child;1201

       (5) The child's adjustment to home, school, and community;1202

       (6) If the court has interviewed the child in chambers,1203
pursuant to division (C) of this section, regarding the wishes and 1204
concerns of the child as to parenting time by the parent who is1205
not the residential parent or companionship or visitation by the1206
grandparent, relative, or other person who requested companionship 1207
or visitation, as to a specific parenting time or visitation1208
schedule, or as to other parenting time or visitation matters, the1209
wishes and concerns of the child, as expressed to the court;1210

       (7) The health and safety of the child;1211

       (8) The amount of time that will be available for the child 1212
to spend with siblings;1213

       (9) The mental and physical health of all parties;1214

       (10) Each parent's willingness to reschedule missed parenting 1215
time and to facilitate the other parent's parenting time rights, 1216
and with respect to a person who requested companionship or1217
visitation, the willingness of that person to reschedule missed 1218
visitation;1219

       (11) In relation to parenting time, whether either parent 1220
previously has been convicted of or pleaded guilty to any criminal 1221
offense involving any act that resulted in a child being an abused 1222
child or a neglected child; whether either parent, in a case in 1223
which a child has been adjudicated an abused child or a neglected 1224
child, previously has been determined to be the perpetrator of the 1225
abusive or neglectful act that is the basis of the adjudication; 1226
and whether there is reason to believe that either parent has 1227
acted in a manner resulting in a child being an abused child or a 1228
neglected child;1229

       (12) In relation to requested companionship or visitation by 1230
a person other than a parent, whether the person previously has 1231
been convicted of or pleaded guilty to any criminal offense1232
involving any act that resulted in a child being an abused child1233
or a neglected child; whether the person, in a case in which a1234
child has been adjudicated an abused child or a neglected child,1235
previously has been determined to be the perpetrator of the1236
abusive or neglectful act that is the basis of the adjudication;1237
whether either parent previously has been convicted of or pleaded1238
guilty to a violation of section 2919.25 of the Revised Code1239
involving a victim who at the time of the commission of the1240
offense was a member of the family or household that is the1241
subject of the current proceeding; whether either parent1242
previously has been convicted of an offense involving a victim who 1243
at the time of the commission of the offense was a member of the 1244
family or household that is the subject of the current proceeding 1245
and caused physical harm to the victim in the commission of the 1246
offense; and whether there is reason to believe that the person 1247
has acted in a manner resulting in a child being an abused child 1248
or a neglected child;1249

       (13) Whether the residential parent or one of the parents1250
subject to a shared parenting decree has continuously and1251
willfully denied the other parent's right to parenting time in 1252
accordance with an order of the court;1253

       (14) Whether either parent has established a residence or is 1254
planning to establish a residence outside this state;1255

       (15) In relation to requested companionship or visitation by 1256
a person other than a parent, the wishes and concerns of the 1257
child's parents, as expressed by them to the court;1258

       (16) Any other factor in the best interest of the child.1259

       (E) The remarriage of a residential parent of a child does1260
not affect the authority of a court under this section to grant 1261
parenting time rights with respect to the child to the parent who 1262
is not the residential parent or to grant reasonable companionship1263
or visitation rights with respect to the child to any grandparent, 1264
any person related by consanguinity or affinity, or any other 1265
person.1266

       (F)(1) If the court, pursuant to division (A) of this1267
section, denies parenting time to a parent who is not the 1268
residential parent or denies a motion for reasonable companionship 1269
or visitation rights filed under division (B) of this section and1270
the parent or movant files a written request for findings of fact1271
and conclusions of law, the court shall state in writing its1272
findings of fact and conclusions of law in accordance with Civil1273
Rule 52.1274

       (2) On or before July 1, 1991, each court of common pleas, by 1275
rule, shall adopt standard parenting time guidelines. A court1276
shall have discretion to deviate from its standard parenting time 1277
guidelines based upon factors set forth in division (D) of this1278
section.1279

       (G)(1) If the residential parent intends to move to a1280
residence other than the residence specified in the parenting time1281
order or decree of the court, the parent shall file a notice of1282
intent to relocate with the court that issued the order or decree. 1283
Except as provided in divisions (G)(2), (3), and (4) of this 1284
section, the court shall send a copy of the notice to the parent 1285
who is not the residential parent. Upon receipt of the notice, the 1286
court, on its own motion or the motion of the parent who is not 1287
the residential parent, may schedule a hearing with notice to both 1288
parents to determine whether it is in the best interest of the 1289
child to revise the parenting time schedule for the child.1290

       (2) When a court grants parenting time rights to a parent who 1291
is not the residential parent, the court shall determine whether 1292
that parent has been convicted of or pleaded guilty to a violation 1293
of section 2919.25 of the Revised Code involving a victim who at 1294
the time of the commission of the offense was a member of the 1295
family or household that is the subject of the proceeding, has 1296
been convicted of or pleaded guilty to any other offense involving 1297
a victim who at the time of the commission of the offense was a 1298
member of the family or household that is the subject of the 1299
proceeding and caused physical harm to the victim in the 1300
commission of the offense, or has been determined to be the 1301
perpetrator of the abusive act that is the basis of an 1302
adjudication that a child is an abused child. If the court 1303
determines that that parent has not been so convicted and has not 1304
been determined to be the perpetrator of an abusive act that is 1305
the basis of a child abuse adjudication, the court shall issue an 1306
order stating that a copy of any notice of relocation that is 1307
filed with the court pursuant to division (G)(1) of this section 1308
will be sent to the parent who is given the parenting time rights 1309
in accordance with division (G)(1) of this section.1310

       If the court determines that the parent who is granted the 1311
parenting time rights has been convicted of or pleaded guilty to a 1312
violation of section 2919.25 of the Revised Code involving a 1313
victim who at the time of the commission of the offense was a 1314
member of the family or household that is the subject of the 1315
proceeding, has been convicted of or pleaded guilty to any other 1316
offense involving a victim who at the time of the commission of 1317
the offense was a member of the family or household that is the 1318
subject of the proceeding and caused physical harm to the victim 1319
in the commission of the offense, or has been determined to be the 1320
perpetrator of the abusive act that is the basis of an 1321
adjudication that a child is an abused child, it shall issue an 1322
order stating that that parent will not be given a copy of any 1323
notice of relocation that is filed with the court pursuant to 1324
division (G)(1) of this section unless the court determines that 1325
it is in the best interest of the children to give that parent a 1326
copy of the notice of relocation, issues an order stating that 1327
that parent will be given a copy of any notice of relocation filed 1328
pursuant to division (G)(1) of this section, and issues specific 1329
written findings of fact in support of its determination.1330

       (3) If a court, prior to April 11, 1991, issued an order1331
granting parenting time rights to a parent who is not the 1332
residential parent and did not require the residential parent in 1333
that order to give the parent who is granted the parenting time 1334
rights notice of any change of address and if the residential 1335
parent files a notice of relocation pursuant to division (G)(1) of 1336
this section, the court shall determine if the parent who is 1337
granted the parenting time rights has been convicted of or pleaded 1338
guilty to a violation of section 2919.25 of the Revised Code 1339
involving a victim who at the time of the commission of the 1340
offense was a member of the family or household that is the 1341
subject of the proceeding, has been convicted of or pleaded guilty 1342
to any other offense involving a victim who at the time of the 1343
commission of the offense was a member of the family or household 1344
that is the subject of the proceeding and caused physical harm to 1345
the victim in the commission of the offense, or has been 1346
determined to be the perpetrator of the abusive act that is the 1347
basis of an adjudication that a child is an abused child. If the 1348
court determines that the parent who is granted the parenting time 1349
rights has not been so convicted and has not been determined to be 1350
the perpetrator of an abusive act that is the basis of a child 1351
abuse adjudication, the court shall issue an order stating that a 1352
copy of any notice of relocation that is filed with the court 1353
pursuant to division (G)(1) of this section will be sent to the 1354
parent who is granted parenting time rights in accordance with 1355
division (G)(1) of this section.1356

       If the court determines that the parent who is granted the 1357
parenting time rights has been convicted of or pleaded guilty to a 1358
violation of section 2919.25 of the Revised Code involving a 1359
victim who at the time of the commission of the offense was a 1360
member of the family or household that is the subject of the 1361
proceeding, has been convicted of or pleaded guilty to any other 1362
offense involving a victim who at the time of the commission of 1363
the offense was a member of the family or household that is the 1364
subject of the proceeding and caused physical harm to the victim 1365
in the commission of the offense, or has been determined to be the 1366
perpetrator of the abusive act that is the basis of an 1367
adjudication that a child is an abused child, it shall issue an 1368
order stating that that parent will not be given a copy of any 1369
notice of relocation that is filed with the court pursuant to 1370
division (G)(1) of this section unless the court determines that 1371
it is in the best interest of the children to give that parent a 1372
copy of the notice of relocation, issues an order stating that 1373
that parent will be given a copy of any notice of relocation filed 1374
pursuant to division (G)(1) of this section, and issues specific 1375
written findings of fact in support of its determination.1376

       (4) If a parent who is granted parenting time rights pursuant 1377
to this section or any other section of the Revised Code is 1378
authorized by an order issued pursuant to this section or any 1379
other court order to receive a copy of any notice of relocation 1380
that is filed pursuant to division (G)(1) of this section or 1381
pursuant to court order, if the residential parent intends to move 1382
to a residence other than the residence address specified in the 1383
parenting time order, and if the residential parent does not want 1384
the parent who is granted the parenting time rights to receive a1385
copy of the relocation notice because the parent with parenting 1386
time rights has been convicted of or pleaded guilty to a violation 1387
of section 2919.25 of the Revised Code involving a victim who at 1388
the time of the commission of the offense was a member of the 1389
family or household that is the subject of the proceeding, has 1390
been convicted of or pleaded guilty to any other offense involving 1391
a victim who at the time of the commission of the offense was a 1392
member of the family or household that is the subject of the 1393
proceeding and caused physical harm to the victim in the 1394
commission of the offense, or has been determined to be the 1395
perpetrator of the abusive act that is the basis of an 1396
adjudication that a child is an abused child, the residential 1397
parent may file a motion with the court requesting that the parent 1398
who is granted the parenting time rights not receive a copy of any1399
notice of relocation. Upon the filing of the motion, the court 1400
shall schedule a hearing on the motion and give both parents 1401
notice of the date, time, and location of the hearing. If the 1402
court determines that the parent who is granted the parenting time 1403
rights has been so convicted or has been determined to be the 1404
perpetrator of an abusive act that is the basis of a child abuse 1405
adjudication, the court shall issue an order stating that the 1406
parent who is granted the parenting time rights will not be given 1407
a copy of any notice of relocation that is filed with the court 1408
pursuant to division (G)(1) of this section or that the 1409
residential parent is no longer required to give that parent a 1410
copy of any notice of relocation unless the court determines that 1411
it is in the best interest of the children to give that parent a 1412
copy of the notice of relocation, issues an order stating that 1413
that parent will be given a copy of any notice of relocation filed 1414
pursuant to division (G)(1) of this section, and issues specific 1415
written findings of fact in support of its determination. If it 1416
does not so find, it shall dismiss the motion.1417

       (H)(1) Subject to section 3125.16 and division (F) of section 1418
3319.321 of the Revised Code, a parent of a child who is not the 1419
residential parent of the child is entitled to access, under the 1420
same terms and conditions under which access is provided to the 1421
residential parent, to any record that is related to the child and 1422
to which the residential parent of the child legally is provided 1423
access, unless the court determines that it would not be in the 1424
best interest of the child for the parent who is not the 1425
residential parent to have access to the records under those same 1426
terms and conditions. If the court determines that the parent of a 1427
child who is not the residential parent should not have access to 1428
records related to the child under the same terms and conditions 1429
as provided for the residential parent, the court shall specify 1430
the terms and conditions under which the parent who is not the 1431
residential parent is to have access to those records, shall enter 1432
its written findings of facts and opinion in the journal, and 1433
shall issue an order containing the terms and conditions to both 1434
the residential parent and the parent of the child who is not the1435
residential parent. The court shall include in every order issued 1436
pursuant to this division notice that any keeper of a record who 1437
knowingly fails to comply with the order or division (H) of this 1438
section is in contempt of court.1439

       (2) Subject to section 3125.16 and division (F) of section 1440
3319.321 of the Revised Code, subsequent to the issuance of an 1441
order under division (H)(1) of this section, the keeper of any 1442
record that is related to a particular child and to which the 1443
residential parent legally is provided access shall permit the 1444
parent of the child who is not the residential parent to have 1445
access to the record under the same terms and conditions under 1446
which access is provided to the residential parent, unless the 1447
residential parent has presented the keeper of the record with a 1448
copy of an order issued under division (H)(1) of this section that 1449
limits the terms and conditions under which the parent who is not 1450
the residential parent is to have access to records pertaining to 1451
the child and the order pertains to the record in question. If the 1452
residential parent presents the keeper of the record with a copy 1453
of that type of order, the keeper of the record shall permit the 1454
parent who is not the residential parent to have access to the 1455
record only in accordance with the most recent order that has been 1456
issued pursuant to division (H)(1) of this section and presented 1457
to the keeper by the residential parent or the parent who is not 1458
the residential parent. Any keeper of any record who knowingly 1459
fails to comply with division (H) of this section or with any 1460
order issued pursuant to division (H)(1) of this section is in 1461
contempt of court.1462

       (3) The prosecuting attorney of any county may file a1463
complaint with the court of common pleas of that county requesting 1464
the court to issue a protective order preventing the disclosure 1465
pursuant to division (H)(1) or (2) of this section of any 1466
confidential law enforcement investigatory record. The court shall 1467
schedule a hearing on the motion and give notice of the date, 1468
time, and location of the hearing to all parties.1469

       (I) A court that issues a parenting time order or decree1470
pursuant to this section or section 3109.12 of the Revised Code 1471
shall determine whether the parent granted the right of parenting 1472
time is to be permitted access, in accordance with section 1473
5104.011 of the Revised Code, to any child day-care center that 1474
is, or that in the future may be, attended by the children with 1475
whom the right of parenting time is granted. Unless the court1476
determines that the parent who is not the residential parent 1477
should not have access to the center to the same extent that the 1478
residential parent is granted access to the center, the parent who 1479
is not the residential parent and who is granted parenting time1480
rights is entitled to access to the center to the same extent that 1481
the residential parent is granted access to the center. If the 1482
court determines that the parent who is not the residential parent 1483
should not have access to the center to the same extent that the 1484
residential parent is granted such access under division (C) of 1485
section 5104.011 of the Revised Code, the court shall specify the 1486
terms and conditions under which the parent who is not the 1487
residential parent is to have access to the center, provided that 1488
the access shall not be greater than the access that is provided 1489
to the residential parent under division (C) of section 5104.011 1490
of the Revised Code, the court shall enter its written findings of 1491
fact and opinions in the journal, and the court shall include the 1492
terms and conditions of access in the parenting time order or 1493
decree.1494

       (J)(1) Subject to division (F) of section 3319.321 of the1495
Revised Code, when a court issues an order or decree allocating1496
parental rights and responsibilities for the care of a child, the1497
parent of the child who is not the residential parent of the child 1498
is entitled to access, under the same terms and conditions under 1499
which access is provided to the residential parent, to any student 1500
activity that is related to the child and to which the residential 1501
parent of the child legally is provided access, unless the court 1502
determines that it would not be in the best interest of the child 1503
to grant the parent who is not the residential parent access to 1504
the student activities under those same terms and conditions. If 1505
the court determines that the parent of the child who is not the 1506
residential parent should not have access to any student activity 1507
that is related to the child under the same terms and conditions 1508
as provided for the residential parent, the court shall specify 1509
the terms and conditions under which the parent who is not the 1510
residential parent is to have access to those student activities, 1511
shall enter its written findings of facts and opinion in the 1512
journal, and shall issue an order containing the terms and 1513
conditions to both the residential parent and the parent of the 1514
child who is not the residential parent. The court shall include 1515
in every order issued pursuant to this division notice that any 1516
school official or employee who knowingly fails to comply with the 1517
order or division (J) of this section is in contempt of court.1518

       (2) Subject to division (F) of section 3319.321 of the1519
Revised Code, subsequent to the issuance of an order under1520
division (J)(1) of this section, all school officials and1521
employees shall permit the parent of the child who is not the1522
residential parent to have access to any student activity under1523
the same terms and conditions under which access is provided to1524
the residential parent of the child, unless the residential parent 1525
has presented the school official or employee, the board of 1526
education of the school, or the governing body of the chartered 1527
nonpublic school with a copy of an order issued under division 1528
(J)(1) of this section that limits the terms and conditions under 1529
which the parent who is not the residential parent is to have 1530
access to student activities related to the child and the order 1531
pertains to the student activity in question. If the residential 1532
parent presents the school official or employee, the board of 1533
education of the school, or the governing body of the chartered 1534
nonpublic school with a copy of that type of order, the school 1535
official or employee shall permit the parent who is not the 1536
residential parent to have access to the student activity only in 1537
accordance with the most recent order that has been issued 1538
pursuant to division (J)(1) of this section and presented to the 1539
school official or employee, the board of education of the school, 1540
or the governing body of the chartered nonpublic school by the 1541
residential parent or the parent who is not the residential 1542
parent. Any school official or employee who knowingly fails to 1543
comply with division (J) of this section or with any order issued 1544
pursuant to division (J)(1) of this section is in contempt of 1545
court.1546

       (K) If any person is found in contempt of court for failing 1547
to comply with or interfering with any order or decree granting 1548
parenting time rights issued pursuant to this section or section1549
3109.12 of the Revised Code or companionship or visitation rights 1550
issued pursuant to this section, section 3109.11 or 3109.12 of the1551
Revised Code, or any other provision of the Revised Code, the1552
court that makes the finding, in addition to any other penalty or1553
remedy imposed, shall assess all court costs arising out of the1554
contempt proceeding against the person and require the person to1555
pay any reasonable attorney's fees of any adverse party, as1556
determined by the court, that arose in relation to the act of1557
contempt, and may award reasonable compensatory parenting time or1558
visitation to the person whose right of parenting time or 1559
visitation was affected by the failure or interference if such 1560
compensatory parenting time or visitation is in the best interest 1561
of the child. Any compensatory parenting time or visitation1562
awarded under this division shall be included in an order issued 1563
by the court and, to the extent possible, shall be governed by the 1564
same terms and conditions as was the parenting time or visitation 1565
that was affected by the failure or interference.1566

       (L) Any parent who requests reasonable parenting time rights 1567
with respect to a child under this section or section 3109.12 of 1568
the Revised Code or any person who requests reasonable 1569
companionship or visitation rights with respect to a child under 1570
this section, section 3109.11 or 3109.12 of the Revised Code, or 1571
any other provision of the Revised Code may file a motion with the 1572
court requesting that it waive all or any part of the costs that 1573
may accrue in the proceedings. If the court determines that the 1574
movant is indigent and that the waiver is in the best interest of 1575
the child, the court, in its discretion, may waive payment of all 1576
or any part of the costs of those proceedings.1577

       (M) The juvenile court has exclusive jurisdiction to enter1578
the orders in any case certified to it from another court.1579

       (N) As used in this section:1580

       (1) "Abused child" has the same meaning as in section1581
2151.031 of the Revised Code, and "neglected child" has the same1582
meaning as in section 2151.03 of the Revised Code.1583

       (2) "Record" means any record, document, file, or other1584
material that contains information directly related to a child,1585
including, but not limited to, any of the following:1586

       (a) Records maintained by public and nonpublic schools;1587

       (b) Records maintained by facilities that provide child1588
day-carecare, as defined in section 5104.01 of the Revised Code,1589
publicly funded child day-carecare, as defined in section 5104.01 1590
of the Revised Code, or pre-school services operated by or under 1591
the supervision of a school district board of education or a1592
nonpublic school;1593

       (c) Records maintained by hospitals, other facilities, or1594
persons providing medical or surgical care or treatment for the1595
child;1596

       (d) Records maintained by agencies, departments,1597
instrumentalities, or other entities of the state or any political 1598
subdivision of the state, other than a child support enforcement 1599
agency. Access to records maintained by a child support 1600
enforcement agency is governed by section 3125.16 of the Revised 1601
Code.1602

       (3) "Confidential law enforcement investigatory record" has 1603
the same meaning as in section 149.43 of the Revised Code.1604

       Sec. 3109.18.  (A)(1) A board of county commissioners may1605
establish a child abuse and child neglect prevention advisory1606
board or may designate the county family and children first1607
council to serve as the child abuse and child neglect prevention1608
advisory board. The boards of county commissioners of two or more1609
contiguous counties may instead form a multicounty district to be1610
served by a child abuse and child neglect prevention advisory1611
board or may designate a regional family and children first1612
council to serve as the district child abuse and child neglect1613
prevention advisory board. Each advisory board shall meet at least 1614
twice a year.1615

       (2) The county auditor is hereby designated as the auditor1616
and fiscal officer of the advisory board. In the case of a1617
multicounty district, the boards of county commissioners that1618
formed the district shall designate the auditor of one of the1619
counties as the auditor and fiscal officer of the advisory board.1620

       (B) Each county that establishes an advisory board or, in a1621
multicounty district, the county the auditor of which has been1622
designated as the auditor and fiscal officer of the advisory1623
board, shall establish a fund in the county treasury known as the1624
county or district children's trust fund. The advisory board shall1625
deposit all funds received from the children's trust fund board1626
into that fund, and the auditor shall distribute money from the1627
fund at the request of the advisory board.1628

       (C) Each January, the board of county commissioners of a1629
county that has established an advisory board or, in a multicounty1630
district, the board of county commissioners of the county the1631
auditor of which has been designated as the auditor and fiscal 1632
officer for the advisory board, shall appropriate the amount1633
described in division (B)(2) of section 3109.17 of the Revised1634
Code for distribution by the advisory board to child abuse and1635
child neglect prevention programs.1636

       (D)(1) Except in the case of a county or regional family and1637
children first council that is designated to serve as a child1638
abuse and child neglect prevention advisory board, each advisory1639
board shall consist of an odd number of members from both the1640
public and private sectors, including all of the following:1641

       (a) A representative of an agency responsible for the1642
administration of children's services in the county or district;1643

       (b) A provider of alcohol or drug addiction services or a1644
representative of a board of alcohol, drug addiction, and mental1645
health services that serves the county or district;1646

       (c) A provider of mental health services or a representative1647
of a board of alcohol, drug addiction, and mental health services1648
that serves the county or district;1649

       (d) A representative of a board of mental retardation and1650
developmental disabilities that serves the county or district;1651

       (e) A representative of the educational community appointed1652
by the superintendent of the school district with largest1653
enrollment in the county or multicounty district.1654

       (2) The following groups and entities may be represented on1655
the advisory board:1656

       (a) Parent groups;1657

       (b) Juvenile justice officials;1658

       (c) Pediatricians, health department nurses, and other1659
representatives of the medical community;1660

       (d) School personnel;1661

       (e) Counselors and social workers;1662

       (f) Head start agencies;1663

       (g) Child day-carecare providers;1664

       (h) Other persons with demonstrated knowledge in programs for 1665
children.1666

       (3) Of the members first appointed, at least one shall serve1667
for a term of three years, at least one for a term of two years,1668
and at least one for a term of one year. Thereafter, each member1669
shall serve a term of three years. Each member shall serve until1670
the member's successor is appointed. All vacancies on the board1671
shall be filled for the balance of the unexpired term in the same1672
manner as the original appointment.1673

       (E) Each board of county commissioners may incur reasonable1674
costs not to exceed five per cent of the funds allocated to the 1675
county or district under section 3109.17 of the Revised Code, for 1676
the purpose of carrying out the functions of the advisory board.1677

       (F) Each child abuse and child neglect prevention advisory1678
board shall do all of the following:1679

       (1) Develop a comprehensive allocation plan for the purpose1680
of preventing child abuse and child neglect and submit the plan to1681
the children's trust fund board;1682

       (2) Provide effective public notice, as defined in rules 1683
adopted by the department of job and family services, to potential1684
applicants about the availability of funds from the children's1685
trust fund, including an estimate of the amount of money available 1686
for grants within each county or district, the date of at least 1687
one public hearing, information on obtaining a copy of the grant 1688
application form, and the deadline for submitting grant 1689
applications;1690

       (3) Review all applications received using criteria specified 1691
in the state plan adopted by the board under section 3109.17 of 1692
the Revised Code;1693

       (4) Consistent with the plan developed pursuant to division1694
(F)(1) of this section, make grants to child abuse and child1695
neglect prevention programs. In making grants to child abuse and1696
child neglect prevention programs, the advisory board may consider1697
factors such as need, geographic location, diversity, coordination1698
with or improvement of existing services, maintenance of local1699
funding efforts, and extensive use of volunteers.1700

       (5) Establish reporting requirements for grant recipients.1701

       (G) A member of a child abuse and child neglect prevention1702
advisory board shall not participate in the development of a1703
comprehensive allocation plan under division (F)(1) of this1704
section if it is reasonable to expect that the member's judgment1705
could be affected by the member's own financial, business,1706
property, or personal interest or other conflict of interest. For1707
purposes of this division, "conflict of interest" means the taking1708
of any action that violates any applicable provision of Chapter1709
102. or 2921. of the Revised Code. Questions relating to the1710
existence of a conflict of interest pertaining to Chapter 2921. of1711
the Revised Code shall be submitted by the advisory board to the1712
local prosecuting attorney for resolution. Questions relating to1713
the existence of a conflict of interest pertaining to Chapter 102.1714
of the Revised Code shall be submitted by the advisory board to1715
the Ohio ethics commission for resolution.1716

       (H) Each advisory board shall assist the children's trust1717
fund board in monitoring programs that receive money from the1718
children's trust fund and shall perform such other duties for the1719
local administration of the children's trust fund as the1720
children's trust fund board requires.1721

       (I) A recipient of a grant from the children's trust fund1722
shall use the grant funds only to fund primary and secondary child1723
abuse and child neglect prevention programs. Any grant funds that1724
are not spent by the recipient of the funds within the time1725
specified by the terms of the grant shall be returned to the1726
county treasurer. Any grant funds returned that are not1727
redistributed by the advisory board within the state fiscal year 1728
in which they are received shall be returned to the treasurer of 1729
state. The treasurer of state shall deposit such unspent moneys 1730
into the children's trust fund to be spent for purposes consistent 1731
with the state plan adopted under section 3109.17 of the Revised 1732
Code.1733

       (J) Applications for grants from the children's trust fund1734
shall be made to the advisory board on forms prescribed by the 1735
children's trust fund board.1736

       (K)(1) Each recipient of a children's trust fund grant from1737
an advisory board shall file with the advisory board a copy of an1738
annual report that includes the information required by the 1739
children's trust fund board.1740

       (2) Each advisory board shall file with the children's trust1741
fund board a copy of an annual report regarding the county or1742
district comprehensive allocation plan that contains the1743
information required by the children's trust fund board.1744

       Sec. 3301.52.  As used in sections 3301.52 to 3301.59 of the 1745
Revised Code:1746

       (A) "Preschool program" means either of the following:1747

       (1) A child day-carecare program for preschool children that1748
is operated by a school district board of education or an eligible 1749
nonpublic school.1750

       (2) A child day-carecare program for preschool children age1751
three or older that is operated by a county MR/DD board.1752

       (B) "Preschool child" or "child" means a child who has not1753
entered kindergarten and is not of compulsory school age.1754

       (C) "Parent, guardian, or custodian" means the person or1755
government agency that is or will be responsible for a child's1756
school attendance under section 3321.01 of the Revised Code.1757

       (D) "Superintendent" means the superintendent of a school1758
district or the chief administrative officer of an eligible1759
nonpublic school.1760

       (E) "Director" means the director, head teacher, elementary 1761
principal, or site administrator who is the individual on site and 1762
responsible for supervision of a preschool program.1763

       (F) "Preschool staff member" means a preschool employee whose 1764
primary responsibility is care, teaching, or supervision of1765
preschool children.1766

       (G) "Nonteaching employee" means a preschool program or1767
school child program employee whose primary responsibilities are1768
duties other than care, teaching, and supervision of preschool1769
children or school children.1770

       (H) "Eligible nonpublic school" means a nonpublic school1771
chartered as described in division (B)(8) of section 5104.02 of1772
the Revised Code or chartered by the state board of education for1773
any combination of grades one through twelve, regardless of1774
whether it also offers kindergarten.1775

       (I) "County MR/DD board" means a county board of mental1776
retardation and developmental disabilities.1777

       (J) "School child program" means a child day-carecare1778
program for only school children that is operated by a school 1779
district board of education, county MR/DD board, or eligible 1780
nonpublic school.1781

       (K) "School child" and "child day-carecare" have the same1782
meanings as in section 5104.01 of the Revised Code.1783

       (L) "School child program staff member" means an employee1784
whose primary responsibility is the care, teaching, or supervision 1785
of children in a school child program.1786

       Sec. 3301.521.  Sections 3301.53 to 3301.59 of the Revised 1787
Code do not apply to child day-carecare provided exclusively for 1788
participants of an adult education program that receives funds 1789
under the department of education's state plan for implementing 1790
the "Adult Education Act of 1966," 80 Stat. 1216, 20 U.S.C. 1201,1791
as amended, or an adult education program operated under section 1792
3313.52, 3313.531, 3313.641, or 3313.644 of the Revised Code, if 1793
the child day-carecare is provided on a part-time basis, is 1794
provided on the same premises as and during the hours of operation 1795
of the adult education program, and at least one parent, 1796
custodian, or guardian of each child is on the premises and 1797
readily accessible at all times.1798

       Sec. 3301.53.  (A) Not later than July 1, 1988, the state1799
board of education, in consultation with the director of job and1800
family services, shall formulate and prescribe by rule adopted1801
under Chapter 119. of the Revised Code minimum standards to be1802
applied to preschool programs operated by school district boards1803
of education, county MR/DD boards, or eligible nonpublic schools. 1804
The rules shall include the following:1805

       (1) Standards ensuring that the preschool program is located1806
in a safe and convenient facility that accommodates the enrollment1807
of the program, is of the quality to support the growth and1808
development of the children according to the program objectives,1809
and meets the requirements of section 3301.55 of the Revised Code;1810

       (2) Standards ensuring that supervision, discipline, and1811
programs will be administered according to established objectives1812
and procedures;1813

       (3) Standards ensuring that preschool staff members and1814
nonteaching employees are recruited, employed, assigned,1815
evaluated, and provided inservice education without discrimination1816
on the basis of age, color, national origin, race, or sex; and1817
that preschool staff members and nonteaching employees are1818
assigned responsibilities in accordance with written position1819
descriptions commensurate with their training and experience;1820

       (4) A requirement that boards of education intending to1821
establish a preschool program on or after March 17, 1989,1822
demonstrate a need for a preschool program that is not being met1823
by any existing program providing child day-carecare, prior to1824
establishing the program;1825

       (5) Requirements that children participating in preschool1826
programs have been immunized to the extent considered appropriate1827
by the state board to prevent the spread of communicable disease;1828

       (6) Requirements that the parents of preschool children1829
complete the emergency medical authorization form specified in1830
section 3313.712 of the Revised Code.1831

       (B) The state board of education in consultation with the1832
director of job and family services shall ensure that the rules1833
adopted by the state board under sections 3301.52 to 3301.58 of1834
the Revised Code are consistent with and meet or exceed the1835
requirements of Chapter 5104. of the Revised Code with regard to1836
child day-care centers. The state board and the director of job1837
and family services shall review all such rules at least once1838
every five years.1839

       (C) On or before January 1, 1992, the state board of1840
education, in consultation with the director of job and family1841
services, shall adopt rules for school child programs that are1842
consistent with and meet or exceed the requirements of the rules1843
adopted for school child day-care centers under Chapter 5104. of1844
the Revised Code.1845

       Sec. 3301.56.  (A) The director of each preschool program1846
shall be responsible for the following:1847

       (1) Ensuring that the health and safety of the children are1848
safeguarded by an organized program of school health services1849
designed to identify child health problems and to coordinate1850
school and community health resources for children, as evidenced1851
by but not limited to:1852

       (a) Requiring immunization and compliance with emergency1853
medical authorization requirements in accordance with rules1854
adopted by the state board of education under section 3301.53 of1855
the Revised Code;1856

       (b) Providing procedures for emergency situations, including1857
fire drills, rapid dismissals, and tornado drills in accordance1858
with section 3737.73 of the Revised Code, and keeping records of1859
such drills or dismissals;1860

       (c) Posting emergency procedures in preschool rooms and1861
making them available to school personnel, children, and parents;1862

       (d) Posting emergency numbers by each telephone;1863

       (e) Supervising grounds, play areas, and other facilities1864
when scheduled for use by children;1865

       (f) Providing first-aid facilities and materials.1866

       (2) Maintaining cumulative records for each child;1867

       (3) Supervising each child's admission, placement, and1868
withdrawal according to established procedures;1869

       (4) Preparing at least once annually for each group of1870
children in the program a roster of names and telephone numbers of1871
parents, guardians, and custodians of children in the group and,1872
on request, furnishing the roster for each group to the parents,1873
guardians, and custodians of children in that group. The director1874
may prepare a similar roster of all children in the program and,1875
on request, make it available to the parents, guardians, and1876
custodians, of children in the program. The director shall not1877
include in either roster the name or telephone number of any1878
parent, guardian, or custodian who requests that histhe parent's,1879
guardian's, or custodian's name or number not be included, and1880
shall not furnish any roster to any person other than a parent,1881
guardian, or custodian of a child in the program.1882

       (5) Ensuring that clerical and custodial services are1883
provided for the program;1884

       (6) Supervising the instructional program and the daily1885
operation of the program;1886

       (7) Supervising and evaluating preschool staff members1887
according to a planned sequence of observations and evaluation1888
conferences, and supervising nonteaching employees.1889

       (B)(1) In each program the maximum number of children per1890
preschool staff member and the maximum group size by age category1891
of children shall be as follows:1892

Maximum 1893
Group Staff Member/ 1894
Age Group Size Child Ratio 1895
Birth to less than 12 months 12 1:5, or 2:12 if 1896
two preschool 1897
staff members 1898
are in the room 1899
12 months to less than 18 months 12 1:6 1900
18 months to less than 30 months 14 1:7 1901
30 months to less than 3 years 16 1:8 1902
3-year-olds 24 1:12 1903
4- and 5-year-olds not in school 28 1:14 1904

       (2) When age groups are combined, the maximum number of1905
children per preschool staff member shall be determined by the age1906
of the youngest child in the group, except that when no more than1907
one child thirty months of age or older receives child day-care1908
care in a group in which all the other children are in the next 1909
older age group, the maximum number of children per child-care 1910
staff member and maximum group size requirements of the older age 1911
group established under division (B)(1) of this section shall 1912
apply.1913

       (3) In a room where children are napping, if all the children 1914
are at least eighteen months of age, the maximum number of 1915
children per preschool staff member shall, for a period not to1916
exceed one and one-half hours in any twenty-four hour day, be1917
twice the maximum number of children per preschool staff member1918
established under division (B)(1) of this section if all the1919
following criteria are met:1920

       (a) At least one preschool staff member is present in the1921
room;1922

       (b) Sufficient preschool staff members are present on the1923
preschool program premises to comply with division (B)(1) of this1924
section;1925

       (c) Naptime preparations have been completed and the children 1926
are resting or napping.1927

       (C) In each building in which a preschool program is operated 1928
there shall be on the premises, and readily available at all 1929
times, at least one employee who has completed a course in first 1930
aid and in the prevention, recognition, and management of1931
communicable diseases which is approved by the state department of1932
health, and an employee who has completed a course in child abuse1933
recognition and prevention.1934

       (D) Any parent, guardian, or custodian of a child enrolled in 1935
a preschool program shall be permitted unlimited access to the1936
school during its hours of operation to contact histhe parent's,1937
guardian's, or custodian's child, evaluate the care provided by1938
the program, or evaluate the premises, or for other purposes1939
approved by the director. Upon entering the premises, the parent,1940
guardian, or custodian shall report to the school office.1941

       Sec. 3301.59.  (A) No school child program may receive any1942
state or federal funds specifically allocated for school child1943
programs unless the school child program is licensed by the1944
department of education pursuant to sections 3301.52 to 3301.59 of1945
the Revised Code or by the department of job and family services1946
pursuant to Chapter 5104. of the Revised Code.1947

       (B) If an eligible nonpublic school is operating, managing,1948
conducting, or maintaining a preschool program or school child1949
program on July 22, 1991, and if the eligible nonpublic school1950
previously obtained a license for the program from the department1951
of job and family services pursuant to Chapter 5104. of the1952
Revised Code, the eligible nonpublic school shall do one of the1953
following:1954

       (1) On or before the expiration date of the license, apply1955
pursuant to Chapter 5104. of the Revised Code to the department of1956
job and family services for a renewal of the license;1957

       (2) On or before the expiration date of the license, apply1958
pursuant to sections 3301.52 to 3301.59 of the Revised Code to the1959
department of education for a license for the program;1960

       (3) If the program is a preschool program, cease to operate,1961
manage, conduct, or maintain the program;1962

       (4) If the program is a school child program, not accept any1963
state or federal funds specifically allocated for school child1964
programs and not accept any state or federal funds for publicly1965
funded child day-carecare pursuant to Chapter 5104. of the1966
Revised Code.1967

       (C) If an eligible nonpublic school is operating, managing,1968
conducting, or maintaining a preschool program or school child1969
program on July 22, 1991, and if the eligible nonpublic school1970
previously has not obtained a license for the program from the1971
department of job and family services pursuant to Chapter 5104. of1972
the Revised Code, the eligible nonpublic school shall do one of1973
the following:1974

       (1) On July 22, 1991, apply pursuant to Chapter 5104. of the1975
Revised Code to the department of job and family services for a1976
license for the program;1977

       (2) On July 22, 1991, apply pursuant to sections 3301.52 to1978
3301.59 of the Revised Code to the department of education for a1979
license for the program;1980

       (3) If the program is a preschool program, cease to operate,1981
manage, conduct, or maintain the program;1982

       (4) If the program is a school child program, not accept any1983
state or federal funds specifically allocated for school child1984
programs and not accept any state or federal funds for publicly1985
funded child day-carecare pursuant to Chapter 5104. of the1986
Revised Code.1987

       (D)(1) If an eligible nonpublic school that operates,1988
manages, conducts, or maintains a preschool program or a school1989
child program elects pursuant to division (B)(1) of this section1990
to renew a license for the program that was issued by the1991
department of job and family services or elects pursuant to1992
division (C)(1) of this section to apply to the department of job1993
and family services for a license for the program, that preschool1994
program or school child program is subject to Chapter 5104. of the1995
Revised Code and to licensure under that chapter until the1996
eligible nonpublic school ceases to operate, manage, conduct, or1997
maintain the program.1998

       (2) If an eligible nonpublic school that operates, manages,1999
conducts, or maintains a preschool program or a school child2000
program elects pursuant to division (B)(2) or (C)(2) of this2001
section to apply to the department of education for a license for2002
the program, that preschool program or school child program is2003
subject to sections 3301.52 to 3301.59 of the Revised Code and to2004
licensure under those sections until the eligible nonpublic school2005
ceases to operate, manage, conduct, or maintain the program.2006

       (E) Not later than July 22, 1992, the departments of job and2007
family services and education shall each prepare a list of the2008
preschool programs and school child programs that are licensed by2009
the respective departments.2010

       Sec. 3313.646.  (A) The board of education of a school2011
district, except a cooperative education district established2012
pursuant to section 3311.521 of the Revised Code, may establish2013
and operate a preschool program except that no such program shall2014
be established after March 17, 1989, unless both of the following2015
apply at the time the program is established:2016

       (1) The board has demonstrated a need for the program.2017

       (2) Unless it is a cooperative education district established 2018
pursuant to divisions (A) to (C) of section 3311.52 of the Revised 2019
Code, the school district is eligible for moneys distributed by 2020
the department of education pursuant to section 3317.029 of the 2021
Revised Code. A board may use school funds in support of preschool 2022
programs. The board shall maintain, operate, and admit children to 2023
any such program pursuant to rules adopted by such board and the 2024
rules of the state board of education adopted under sections 2025
3301.52 to 3301.57 of the Revised Code.2026

       A board of education may establish fees or tuition, which may 2027
be graduated in proportion to family income, for participation in 2028
a preschool program. In cases where payment of fees or tuition 2029
would create a hardship for the child's parent or guardian, the 2030
board may waive any such fees or tuition.2031

       (B) No board of education that is not receiving funds under 2032
the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, on 2033
March 17, 1989, shall compete for funds under the "Head Start Act" 2034
with any grantee receiving funds under that act.2035

       (C) A board of education may contract with any of the2036
following preschool providers to provide preschool programs, other 2037
than programs for units described by divisions (B) and (C) of2038
section 3317.05 of the Revised Code, for children of the school2039
district:2040

       (1) Any organization receiving funds under the "Head Start2041
Act";2042

       (2) Any nonsectarian eligible nonpublic school as defined in 2043
division (H) of section 3301.52 of the Revised Code;2044

       (3) Any child day-carecare provider licensed under Chapter2045
5104. of the Revised Code.2046

       Boards may contract to provide preschool programs only with2047
such organizations whose staff meet the requirements of rules2048
adopted under section 3301.53 of the Revised Code or those of the2049
child development associate credential established by the national 2050
association for the education of young children.2051

       (D) A contract entered into under division (C) of this2052
section may provide for the board of education to lease school2053
facilities to the preschool provider or to furnish transportation, 2054
utilities, or staff for the preschool program.2055

       (E) The treasurer of any board of education operating a2056
preschool program pursuant to this section shall keep an account2057
of all funds used to operate the program in the same manner as he2058
would any other funds of the district pursuant to this chapter.2059

       Sec. 3318.01.  As used in sections 3318.01 to 3318.20 of the2060
Revised Code:2061

       (A) "Ohio school facilities commission" means the commission2062
created pursuant to section 3318.30 of the Revised Code.2063

       (B) "Classroom facilities" means rooms in which pupils2064
regularly assemble in public school buildings to receive2065
instruction and education and such facilities and building2066
improvements for the operation and use of such rooms as may be2067
needed in order to provide a complete educational program, and may2068
include space within which a child day-carecare facility or a2069
community resource center is housed. "Classroom facilities"2070
includes any space necessary for the operation of a vocational2071
education program for secondary students in any school district2072
that operates such a program.2073

       (C) "Project" means a project to construct or acquire2074
classroom facilities, or to reconstruct or make additions to2075
existing classroom facilities, to be used for housing the2076
applicable school district and its functions.2077

       (D) "School district" means a local, exempted village, or2078
city school district as such districts are defined in Chapter2079
3311. of the Revised Code, acting as an agency of state2080
government, performing essential governmental functions of state2081
government pursuant to sections 3318.01 and 3318.20 of the Revised2082
Code.2083

       For purposes of assistance provided under sections 3318.40 to2084
3318.45 of the Revised Code, the term "school district" as used in2085
this section and in divisions (A), (C), and (D) of section 3318.032086
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083, 2087
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13, 2088
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised 2089
Code means a joint vocational school district established pursuant 2090
to section 3311.18 of the Revised Code.2091

       (E) "School district board" means the board of education of a2092
school district.2093

       (F) "Net bonded indebtedness" means the difference between2094
the sum of the par value of all outstanding and unpaid bonds and2095
notes which a school district board is obligated to pay, any2096
amounts the school district is obligated to pay under2097
lease-purchase agreements entered into under section 3313.375 of2098
the Revised Code, and the par value of bonds authorized by the2099
electors but not yet issued, the proceeds of which can lawfully be2100
used for the project, and the amount held in the sinking fund and2101
other indebtedness retirement funds for their redemption. Notes2102
issued for school buses in accordance with section 3327.08 of the2103
Revised Code, notes issued in anticipation of the collection of2104
current revenues, and bonds issued to pay final judgments shall2105
not be considered in calculating the net bonded indebtedness.2106

       "Net bonded indebtedness" does not include indebtedness2107
arising from the acquisition of land to provide a site for2108
classroom facilities constructed, acquired, or added to pursuant2109
to sections 3318.01 to 3318.20 of the Revised Code.2110

       (G) "Board of elections" means the board of elections of the2111
county containing the most populous portion of the school2112
district.2113

       (H) "County auditor" means the auditor of the county in which2114
the greatest value of taxable property of such school district is2115
located.2116

       (I) "Tax duplicates" means the general tax lists and2117
duplicates prescribed by sections 319.28 and 319.29 of the Revised2118
Code.2119

       (J) "Required level of indebtedness" means:2120

       (1) In the case of districts in the first percentile, five2121
per cent of the district's valuation for the year preceding the2122
year in which the controlling board approved the project under2123
section 3318.04 of the Revised Code.2124

       (2) In the case of districts ranked in a subsequent2125
percentile, five per cent of the district's valuation for the year2126
preceding the year in which the controlling board approved the2127
project under section 3318.04 of the Revised Code, plus [two2128
one-hundredths of one per cent multiplied by (the percentile in2129
which the district ranks for the fiscal year preceding the fiscal2130
year in which the controlling board approved the district's2131
project minus one)].2132

       (K) "Required percentage of the basic project costs" means2133
one per cent of the basic project costs times the percentile in2134
which the district ranks for the fiscal year preceding the fiscal2135
year in which the controlling board approved the district's2136
project.2137

       (L) "Basic project cost" means a cost amount determined in2138
accordance with rules adopted under section 111.15 of the Revised2139
Code by the Ohio school facilities commission. The basic project2140
cost calculation shall take into consideration the square footage2141
and cost per square foot necessary for the grade levels to be2142
housed in the classroom facilities, the variation across the state2143
in construction and related costs, the cost of the installation of2144
site utilities and site preparation, the cost of demolition of all2145
or part of any existing classroom facilities that are abandoned2146
under the project, the cost of insuring the project until it is2147
completed, any contingency reserve amount prescribed by the2148
commission under section 3318.086 of the Revised Code, and the2149
professional planning, administration, and design fees that a2150
district may have to pay to undertake a classroom facilities2151
project.2152

       For a joint vocational school district that receives2153
assistance under sections 3318.40 to 3318.45 of the Revised Code,2154
the basic project cost calculation for a project under those2155
sections shall also take into account the types of laboratory2156
spaces and program square footages needed for the vocational2157
education programs for high school students offered by the school2158
district.2159

       (M)(1) Except for a joint vocational school district that2160
receives assistance under sections 3318.40 to 3318.45 of the2161
Revised Code, a "school district's portion of the basic project2162
cost" means the amount determined under section 3318.032 of the2163
Revised Code.2164

       (2) For a joint vocational school district that receives2165
assistance under sections 3318.40 to 3318.45 of the Revised Code,2166
a "school district's portion of the basic project cost" means the2167
amount determined under division (C) of section 3318.42 of the2168
Revised Code.2169

       (N) "Child day-carecare facility" means space within a 2170
classroom facility in which the needs of infants, toddlers, 2171
preschool children, and school children are provided for by 2172
persons other than the parent or guardian of such children for any 2173
part of the day, including persons not employed by the school2174
district operating such classroom facility.2175

       (O) "Community resource center" means space within a2176
classroom facility in which comprehensive services that support2177
the needs of families and children are provided by community-based2178
social service providers.2179

       (P) "Valuation" means the total value of all property in the2180
district as listed and assessed for taxation on the tax2181
duplicates.2182

       (Q) "Percentile" means the percentile in which the district2183
is ranked pursuant to division (D) of section 3318.011 of the2184
Revised Code.2185

       (R) "Installation of site utilities" means the installation2186
of a site domestic water system, site fire protection system, site2187
gas distribution system, site sanitary system, site storm drainage2188
system, and site telephone and data system.2189

       (S) "Site preparation" means the earthwork necessary for2190
preparation of the building foundation system, the paved2191
pedestrian and vehicular circulation system, playgrounds on the2192
project site, and lawn and planting on the project site.2193

       Sec. 3701.21.  (A) As used in this section:2194

       (1) "Amblyopia" means reduced vision in an eye that has not2195
received adequate use during early childhood.2196

       (2) "501(c) organization" means an organization exempt from2197
federal income taxation pursuant to 26 U.S.C.A. 501(a) and (c).2198

       (B) There is hereby created in the state treasury the save 2199
our sight fund. The fund shall consist of voluntary contributions 2200
deposited as provided in section 4503.104 of the Revised Code. All 2201
investment earnings from the fund shall be credited to the fund.2202

       (C) The director of health shall use the money in the save 2203
our sight fund as follows:2204

       (1) To provide support to 501(c) organizations that offer2205
vision services in all counties of the state and have demonstrated 2206
experience in the delivery of vision services to do one or more of 2207
the following:2208

       (a) Implement a voluntary children's vision screening2209
training and certification program for volunteers, child day-care2210
care providers, nurses, teachers, health care professionals 2211
practicing in primary care settings, and others serving children;2212

       (b) Provide materials for the program implemented under 2213
division (C)(1)(a) of this section;2214

       (c) Develop and implement a registry and targeted voluntary 2215
case management system to determine whether children with 2216
amblyopia are receiving professional eye care and to provide their 2217
parents with information and support regarding their child's 2218
vision care;2219

       (d) Establish a matching grant program for the purchase and 2220
distribution of protective eyewear to children;2221

       (e) Provide vision health and safety programs and materials 2222
for classrooms.2223

       (2) For the purpose of section 4503.104 of the Revised Code, 2224
to develop and distribute informational materials on the 2225
importance of eye care and safety to the registrar of motor 2226
vehicles and each deputy registrar;2227

       (3) To pay costs incurred by the director in administering 2228
the fund;2229

       (4) To reimburse the bureau of motor vehicles for the 2230
administrative costs incurred in performing its duties under 2231
section 4503.104 of the Revised Code.2232

       (D) A 501(c) organization seeking funding from the save our 2233
sight fund for any of the projects specified in division (C) of 2234
this section shall submit a request for the funding to the 2235
director in accordance with rules adopted under division (E) of 2236
this section. The director shall determine the appropriateness of 2237
and approve or disapprove projects for funding and approve or 2238
disapprove the disbursement of money from the save our sight fund.2239

       (E) The public health council shall adopt rules in accordance2240
with Chapter 119. of the Revised Code to implement this section. 2241
The rules shall include the parameters of the projects specified 2242
in division (C)(1) of this section that may be funded with money 2243
in the save our sight fund and procedures for 501(c) organizations 2244
to request funding from the fund.2245

       Sec. 3737.22.  (A) The fire marshal shall do all of the2246
following:2247

       (1) Adopt the state fire code under sections 3737.82 to2248
3737.86 of the Revised Code;2249

       (2) Enforce the state fire code;2250

       (3) Appoint assistant fire marshals who are authorized to2251
enforce the state fire code;2252

       (4) Conduct investigations into the cause, origin, and2253
circumstances of fires and explosions, and assist in the2254
prosecution of persons believed to be guilty of arson or a similar2255
crime;2256

       (5) Compile statistics concerning loss due to fire and2257
explosion as the fire marshal considers necessary, and consider2258
the compatibility of the fire marshal's system of compilation with2259
the systems of other state and federal agencies and fire marshals2260
of other states;2261

       (6) Engage in research on the cause and prevention of losses2262
due to fire and explosion;2263

       (7) Engage in public education and informational activities2264
which will inform the public of fire safety information;2265

       (8) Operate a fire training academy and forensic laboratory;2266

       (9) Conduct other fire safety and fire fighting training 2267
activities for the public and groups as will further the cause of 2268
fire safety;2269

       (10) Conduct licensing examinations, and issue permits,2270
licenses, and certificates, as authorized by the Revised Code;2271

       (11) Conduct tests of fire protection systems and devices,2272
and fire fighting equipment to determine compliance with the state2273
fire code, unless a building is insured against the hazard of2274
fire, in which case such tests may be performed by the company2275
insuring the building;2276

       (12) Establish and collect fees for conducting licensing2277
examinations and for issuing permits, licenses, and certificates;2278

       (13) Make available for the prosecuting attorney and an2279
assistant prosecuting attorney from each county of this state, in2280
accordance with section 3737.331 of the Revised Code, a seminar2281
program, attendance at which is optional, that is designed to2282
provide current information, data, training, and techniques2283
relative to the prosecution of arson cases;2284

       (14) Administer and enforce Chapter 3743. of the Revised2285
Code;2286

       (15) Develop a uniform standard for the reporting of 2287
information required to be filed under division (E)(4) of section 2288
2921.22 of the Revised Code, and accept the reports of the 2289
information when they are filed.2290

       (B) The fire marshal shall appoint a chief deputy fire2291
marshal, and shall employ professional and clerical assistants as 2292
the fire marshal considers necessary. The chief deputy shall be a2293
competent former or current member of a fire agency and possess2294
five years of recent, progressively more responsible experience in2295
fire inspection, fire code enforcement, and fire code management. 2296
The chief deputy, with the approval of the director of commerce, 2297
shall temporarily assume the duties of the fire marshal when the 2298
fire marshal is absent or temporarily unable to carry out the 2299
duties of the office. When there is a vacancy in the office of 2300
fire marshal, the chief deputy, with the approval of the director 2301
of commerce, shall temporarily assume the duties of the fire 2302
marshal until a new fire marshal is appointed under section 2303
3737.21 of the Revised Code.2304

       All employees, other than the fire marshal; the chief deputy2305
fire marshal; the superintendent of the Ohio fire academy; the 2306
grants administrator; the fiscal officer; the executive secretary 2307
to the fire marshal; legal counsel; the pyrotechnics 2308
administrator, the chief of the forensic laboratory; the person 2309
appointed by the fire marshal to serve as administrator over 2310
functions concerning testing, license examinations, and the2311
issuance of permits and certificates; and the chiefs of the 2312
bureaus of fire prevention, of fire and explosion investigation, 2313
of code enforcement, and of underground storage tanks shall be in 2314
the classified civil service. The fire marshal shall authorize the2315
chief deputy and other employees under the fire marshal's2316
supervision to exercise powers granted to the fire marshal by law2317
as may be necessary to carry out the duties of the fire marshal's2318
office.2319

       (C) The fire marshal shall create, in and as a part of the2320
office of fire marshal, a fire and explosion investigation bureau 2321
consisting of a chief of the bureau and additional assistant fire 2322
marshals as the fire marshal determines necessary for the 2323
efficient administration of the bureau. The chief shall be 2324
experienced in the investigation of the cause, origin, and 2325
circumstances of fires, and in administration, including the 2326
supervision of subordinates. The chief, among other duties 2327
delegated to the chief by the fire marshal, shall be responsible, 2328
under the direction of the fire marshal, for the investigation of 2329
the cause, origin, and circumstances of fires and explosions in 2330
the state, and for assistance in the prosecution of persons2331
believed to be guilty of arson or a similar crime.2332

       (D)(1) The fire marshal shall create, as part of the office 2333
of fire marshal, a bureau of code enforcement consisting of a 2334
chief of the bureau and additional assistant fire marshals as the 2335
fire marshal determines necessary for the efficient administration 2336
of the bureau. The chief shall be qualified, by education or2337
experience, in fire inspection, fire code development, fire code2338
enforcement, or any other similar field determined by the fire 2339
marshal, and in administration, including the supervision of 2340
subordinates. The chief is responsible, under the direction of the 2341
fire marshal, for fire inspection, fire code development, fire 2342
code enforcement, and any other duties delegated to the chief by 2343
the fire marshal.2344

       (2) The fire marshal, the chief deputy fire marshal, the2345
chief of the bureau of code enforcement, or any assistant fire2346
marshal under the direction of the fire marshal, the chief deputy 2347
fire marshal, or the chief of the bureau of code enforcement may2348
cause to be conducted the inspection of all buildings, structures,2349
and other places, the condition of which may be dangerous from a2350
fire safety standpoint to life or property, or to property2351
adjacent to the buildings, structures, or other places.2352

       (E) The fire marshal shall create, as a part of the office of 2353
fire marshal, a bureau of fire prevention consisting of a chief of 2354
the bureau and additional assistant fire marshals as the fire 2355
marshal determines necessary for the efficient administration of 2356
the bureau. The chief shall be qualified, by education or2357
experience, to promote programs for rural and urban fire2358
prevention and protection. The chief, among other duties delegated 2359
to the chief by the fire marshal, is responsible, under the2360
direction of the fire marshal, for the promotion of rural and2361
urban fire prevention and protection through public information2362
and education programs.2363

       (F) The fire marshal shall cooperate with the director of job 2364
and family services when the director adopts rules under section 2365
5104.052 of the Revised Code regarding fire prevention and fire 2366
safety in certified type B family day-care homes, as defined in 2367
section 5104.01 of the Revised Code, recommend procedures for 2368
inspecting type B homes to determine whether they are in 2369
compliance with those rules, and provide training and technical 2370
assistance to the director and county directors of job and family 2371
services on the procedures for determining compliance with those 2372
rules.2373

       (G) The fire marshal, upon request of a provider of child2374
day-carecare in a type B home that is not certified by the county2375
director of job and family services, as a precondition of approval2376
by the state board of education under section 3313.813 of the2377
Revised Code for receipt of United States department of2378
agriculture child and adult care food program funds established2379
under the "National School Lunch Act," 60 Stat. 230 (1946), 422380
U.S.C. 1751, as amended, shall inspect the type B home to2381
determine compliance with rules adopted under section 5104.052 of 2382
the Revised Code regarding fire prevention and fire safety in2383
certified type B homes. In municipal corporations and in townships 2384
where there is a certified fire safety inspector, the inspections 2385
shall be made by that inspector under the supervision of the fire 2386
marshal, according to rules adopted under section 5104.052 of the 2387
Revised Code. In townships outside municipal corporations where 2388
there is no certified fire safety inspector, inspections shall be 2389
made by the fire marshal.2390

       Sec. 3742.01.  As used in this chapter:2391

       (A) "Board of health" means the board of health of a city or2392
general health district or the authority having the duties of a2393
board of health under section 3709.05 of the Revised Code.2394

       (B) "Child day-carecare facility" means each area of any of 2395
the following in which child day-carecare, as defined in section 2396
5104.01 of the Revised Code, is provided to children under six 2397
years of age:2398

       (1) A child day-care center, type A family day-care home, or2399
type B family day-care home as defined in section 5104.01 of the2400
Revised Code;2401

        (2) A type C family day-care home authorized to provide child 2402
day-carecare by Sub. H.B. 62 of the 121st general assembly, as2403
amended by Am. Sub. S.B. 160 of the 121st general assembly and2404
Sub. H.B. 407 of the 123rd general assembly;2405

       (3) A preschool program or school child program as defined in 2406
section 3301.52 of the Revised Code.2407

       (C) "Clearance examination" means an examination to determine2408
whether the lead hazards in a residential unit, child day-care2409
care facility, or school have been sufficiently controlled. A2410
clearance examination includes a visual assessment, collection,2411
and analysis of environmental samples.2412

       (D) "Clearance technician" means a person, other than a2413
licensed lead inspector or licensed lead risk assessor, who2414
performs a clearance examination.2415

       (E) "Clinical laboratory" means a facility for the2416
biological, microbiological, serological, chemical, 2417
immunohematological, hematological, biophysical, cytological,2418
pathological, or other examination of substances derived from the2419
human body for the purpose of providing information for the2420
diagnosis, prevention, or treatment of any disease, or in the2421
assessment or impairment of the health of human beings. "Clinical 2422
laboratory" does not include a facility that only collects or 2423
prepares specimens, or serves as a mailing service, and does not 2424
perform testing.2425

       (F) "Encapsulation" means the coating and sealing of surfaces 2426
with durable surface coating specifically formulated to be 2427
elastic, able to withstand sharp and blunt impacts, long-lasting, 2428
and resilient, while also resistant to cracking, peeling, algae, 2429
fungus, and ultraviolet light, so as to prevent any part of 2430
lead-containing paint from becoming part of house dust or 2431
otherwise accessible to children.2432

       (G) "Enclosure" means the resurfacing or covering of surfaces 2433
with durable materials such as wallboard or paneling, and the 2434
sealing or caulking of edges and joints, so as to prevent or2435
control chalking, flaking, peeling, scaling, or loose2436
lead-containing substances from becoming part of house dust or2437
otherwise accessible to children.2438

       (H) "Environmental lead analytical laboratory" means a2439
facility that analyzes air, dust, soil, water, paint, film, or2440
other substances, other than substances derived from the human2441
body, for the presence and concentration of lead.2442

       (I) "HEPA" means the designation given to a product, device,2443
or system that has been equipped with a high-efficiency2444
particulate air filter, which is a filter capable of removing2445
particles of 0.3 microns or larger from air at 99.97 per cent or2446
greater efficiency.2447

       (J) "Interim controls" means a set of measures designed to2448
reduce temporarily human exposure or likely human exposure to lead2449
hazards. Interim controls include specialized cleaning, repairs,2450
painting, temporary containment, ongoing lead hazard maintenance2451
activities, and the establishment and operation of management and2452
resident education programs.2453

       (K)(1) "Lead abatement" means a measure or set of measures 2454
designed for the single purpose of permanently eliminating lead 2455
hazards. "Lead abatement" includes all of the following:2456

       (a) Removal of lead-based paint and lead-contaminated dust;2457

       (b) Permanent enclosure or encapsulation of lead-based paint;2458

       (c) Replacement of surfaces or fixtures painted with 2459
lead-based paint;2460

       (d) Removal or permanent covering of lead-contaminated soil;2461

       (e) Preparation, cleanup, and disposal activities associated 2462
with lead abatement.2463

       (2) "Lead abatement" does not include any of the following:2464

       (a) Preventive treatments performed pursuant to section2465
3742.41 of the Revised Code;2466

        (b) Implementation of interim controls;2467

        (c) Activities performed by a property owner on a residential 2468
unit to which both of the following apply:2469

       (i) It is a freestanding single-family home used as the2470
property owner's private residence.2471

       (ii) No child under six years of age who has lead poisoning2472
resides in the unit.2473

       (L) "Lead abatement contractor" means any individual who2474
engages in or intends to engage in lead abatement and employs or2475
supervises one or more lead abatement workers, including on-site2476
supervision of lead abatement projects, or prepares2477
specifications, plans, or documents for a lead abatement project.2478

       (M) "Lead abatement project" means one or more lead abatement 2479
activities that are conducted by a lead abatement contractor and 2480
are reasonably related to each other.2481

       (N) "Lead abatement project designer" means a person who is 2482
responsible for designing lead abatement projects and preparing a 2483
pre-abatement plan for all designed projects.2484

       (O) "Lead abatement worker" means an individual who is2485
responsible in a nonsupervisory capacity for the performance of2486
lead abatement.2487

       (P) "Lead-based paint" means any paint or other similar2488
surface-coating substance containing lead at or in excess of the2489
level that is hazardous to human health as established by rule of2490
the public health council under section 3742.50 of the Revised 2491
Code.2492

       (Q) "Lead-contaminated dust" means dust that contains an area 2493
or mass concentration of lead at or in excess of the level that is 2494
hazardous to human health as established by rule of the public 2495
health council under section 3742.50 of the Revised Code.2496

       (R) "Lead-contaminated soil" means soil that contains lead at 2497
or in excess of the level that is hazardous to human health as2498
established by rule of the public health council under section 2499
3742.50 of the Revised Code.2500

       (S) "Lead hazard" means material that is likely to cause lead 2501
exposure and endanger an individual's health as determined by the 2502
public health council in rules adopted under section 3742.50 of 2503
the Revised Code. "Lead hazard" includes lead-based paint,2504
lead-contaminated dust, lead-contaminated soil, and2505
lead-contaminated water pipes.2506

       (T) "Lead inspection" means a surface-by-surface2507
investigation to determine the presence of lead-based paint. The2508
inspection shall use a sampling or testing technique approved by2509
the public health council in rules adopted by the council under2510
section 3742.03 of the Revised Code. A licensed lead inspector or2511
laboratory approved under section 3742.09 of the Revised Code2512
shall certify in writing the precise results of the inspection.2513

       (U) "Lead inspector" means any individual who conducts a lead 2514
inspection, provides professional advice regarding a lead2515
inspection, or prepares a report explaining the results of a lead2516
inspection.2517

       (V) "Lead poisoning" means the level of lead in human blood 2518
that is hazardous to human health, as specified in rules adopted 2519
under section 3742.50 of the Revised Code.2520

       (W) "Lead risk assessment" means an on-site investigation to 2521
determine and report the existence, nature, severity, and location 2522
of lead hazards in a residential unit, child day-carecare2523
facility, or school, including information gathering from the 2524
unit, facility, or school's current owner's knowledge regarding 2525
the age and painting history of the unit, facility, or school and 2526
occupancy by children under six years of age, visual inspection, 2527
limited wipe sampling or other environmental sampling techniques,2528
and any other activity as may be appropriate.2529

       (X) "Lead risk assessor" means a person who is responsible2530
for developing a written inspection, risk assessment, and analysis2531
plan; conducting inspections for lead hazards in a residential 2532
unit, child day-carecare facility, or school; interpreting 2533
results of inspections and risk assessments; identifying hazard 2534
control strategies to reduce or eliminate lead exposures; and 2535
completing a risk assessment report.2536

       (Y) "Lead-safe renovation" means the supervision or2537
performance of services for the general improvement of all or part2538
of an existing structure, including a residential unit, child2539
day-carecare facility, or school, when the services are 2540
supervised or performed by a lead-safe renovator.2541

        (Z) "Lead-safe renovator" means a person who has successfully 2542
completed a training program in lead-safe renovation approved 2543
under section 3742.47 of the Revised Code.2544

       (AA) "Manager" means a person, who may be the same person as2545
the owner, responsible for the daily operation of a residential 2546
unit, child day-carecare facility, or school.2547

       (BB) "Permanent" means an expected design life of at least 2548
twenty years.2549

       (CC) "Replacement" means an activity that entails removing 2550
components such as windows, doors, and trim that have lead hazards 2551
on their surfaces and installing components free of lead hazards.2552

        (DD) "Residential unit" means a dwelling or any part of a 2553
building being used as an individual's private residence.2554

       (EE) "School" means a public or nonpublic school in which2555
children under six years of age receive education.2556

       Sec. 3742.02.  (A) No person shall do any of the following:2557

       (1) Violate any provision of this chapter or the rules2558
adopted pursuant to it;2559

       (2) Apply or cause to be applied any lead-based paint on or2560
inside a residential unit, child day-carecare facility, or 2561
school, unless the public health council has determined by rule2562
under section 3742.50 of the Revised Code that no suitable2563
substitute exists;2564

       (3) Interfere with an investigation conducted by the director2565
of health or a board of health in accordance with section 3742.35 2566
of the Revised Code.2567

       (B) No person shall knowingly authorize or employ an2568
individual to perform lead abatement on a residential unit, child 2569
day-carecare facility, or school unless the individual who will 2570
perform the lead abatement holds a valid license issued under 2571
section 3742.05 of the Revised Code.2572

       (C) No person shall do any of the following when a 2573
residential unit, child day-carecare facility, or school is 2574
involved:2575

       (1) Perform a lead inspection without a valid lead inspector 2576
license issued under section 3742.05 of the Revised Code;2577

       (2) Perform a lead risk assessment or provide professional2578
advice regarding lead abatement without a valid lead risk assessor 2579
license issued under section 3742.05 of the Revised Code;2580

       (3) Act as a lead abatement contractor without a valid lead 2581
abatement contractor's license issued under section 3742.05 of the 2582
Revised Code;2583

       (4) Act as a lead abatement project designer without a valid 2584
lead abatement project designer license issued under section 2585
3742.05 of the Revised Code;2586

       (5) Perform lead abatement without a valid lead abatement 2587
worker license issued under section 3742.05 of the Revised Code;2588

       (6) Effective one year after the effective date of this2589
amendmentApril 7, 2003, perform a clearance examination without a 2590
valid clearance technician license issued under section 3742.05 of 2591
the Revised Code, unless the person holds a valid lead inspector2592
license or valid lead risk assessor license issued under that2593
section;2594

        (7) Perform lead training for the licensing purposes of this2595
chapter without a valid approval from the director of health under2596
section 3742.08 of the Revised Code;2597

       (8) Perform interim controls without complying with 24 C.F.R.2598
Part 35.2599

       Sec. 3742.06.  All of the following apply to a residential 2600
unit, child day-carecare facility, or school:2601

       (A) No lead abatement contractor shall provide lead testing2602
services or professional advice regarding lead abatement unless2603
that service or advice is provided by a lead inspector or lead2604
risk assessor who is licensed under section 3742.05 of the Revised2605
Code and is employed by the lead abatement contractor.2606

       (B) No person shall provide advice on the need for lead2607
abatement and then participate in a lead abatement project 2608
resulting from that advice unless either of the following applies:2609

       (1) The person is employed as a member of the staff of the2610
owner or manager of the property on which the lead abatement is to 2611
be performed;2612

       (2) A written contract for lead abatement is entered into2613
that states both of the following:2614

       (a) The person was involved in the lead testing, or in the 2615
provision of professional advice, that led to the lead abatement 2616
contract;2617

       (b) The party contracting for lead abatement services should2618
obtain a second opinion to verify any lead test results and assure2619
that the proposed lead abatement or project design is appropriate.2620

       (C) No lead inspector, lead abatement contractor, lead risk2621
assessor, lead abatement project designer, or clearance technician 2622
shall use the services of an environmental lead analytical 2623
laboratory that has not been approved by the director of health 2624
under section 3742.09 of the Revised Code.2625

       (D) No lead abatement worker shall perform lead abatement2626
without the on-site supervision of a licensed lead abatement2627
contractor.2628

       (E) No person shall have lead-safe renovation performed in2629
lieu of having lead abatement performed on a property at which a2630
lead-poisoned child under six years of age has been identified.2631

       Sec. 3742.07.  (A) Prior to engaging in any lead abatement2632
project on a residential unit, child day-carecare facility, or 2633
school, the lead abatement contractor primarily responsible for2634
the project shall do all of the following:2635

       (1) Prepare a written respiratory protection plan that meets 2636
requirements established by rule adopted under section 3742.03 of 2637
the Revised Code and make the plan available to the department of 2638
health and all lead abatement workers at the project site;2639

       (2) Ensure that each lead abatement worker who is or will be 2640
involved in a lead abatement project has been examined by a2641
licensed physician within the preceding calendar year and has been2642
declared by the physician to be physically capable of working2643
while wearing a respirator;2644

       (3) Ensure that each employee or agent who will come in2645
contact with lead hazards or will be responsible for a lead2646
abatement project receives a license and appropriate training as2647
required by this chapter before engaging in a lead abatement2648
project;2649

       (4) At least ten days prior to the commencement of a project, 2650
notify the department of health, on a form prescribed by the 2651
director of health, of the date a lead abatement project will2652
commence.2653

       (B) During each lead abatement project, the lead abatement2654
contractor primarily responsible for the project shall ensure that2655
all persons involved in the project follow the worker protection2656
standards established under 29 C.F.R. 1926.62 by the United States2657
occupational safety and health administration.2658

       Sec. 3742.071. All of the following apply in the performance2659
of activities by persons licensed under this chapter:2660

        (A) A lead risk assessor shall certify in writing the precise2661
results of a lead risk assessment and options for reducing2662
identified lead hazards.2663

       (B) A clearance technician may perform a clearance2664
examination when the examination is in connection with activities2665
other than a lead abatement project. A clearance examination2666
performed in connection with a lead abatement project shall be2667
performed only by a lead inspector or lead risk assessor.2668

       (C) The director of health may issue an immediate cease work2669
order to a person licensed under this chapter if the director2670
determines that the license holder is violating the terms or2671
conditions of the license in a manner that endangers or materially2672
impairs the health or well-being of an occupant of a residential2673
unit, child day-carecare facility, or school or a person employed 2674
to perform lead abatement.2675

       Sec. 3742.35.  When the director of health or a board of 2676
health authorized to enforce sections 3742.35 to 3742.40 of the 2677
Revised Code becomes aware that an individual under six years of 2678
age has lead poisoning, the director or board shall conduct an 2679
investigation to determine the source of the lead poisoning. The 2680
director or board may conduct such an investigation when the 2681
director or board becomes aware that an individual six years of 2682
age or older has lead poisoning. The director or board shall 2683
conduct the investigation in accordance with rules adopted under 2684
section 3742.50 of the Revised Code.2685

       In conducting the investigation, the director or board may2686
request permission to enter the residential unit, child day-care2687
care facility, or school that the director or board reasonably 2688
suspects to be the source of the lead poisoning. If the property 2689
is occupied, the director or board shall ask the occupant for2690
permission. If the property is not occupied, the director or board 2691
shall ask the property owner or manager for permission. If the 2692
occupant, owner, or manager fails or refuses to permit entry, the2693
director or board may petition and obtain an order to enter the 2694
property from a court of competent jurisdiction in the county in 2695
which the property is located.2696

        As part of the investigation, the director or board may 2697
review the records and reports, if any, maintained by a lead 2698
inspector, lead abatement contractor, lead risk assessor, lead 2699
abatement project designer, lead abatement worker, or clearance 2700
technician.2701

       Sec. 3742.36.  When the director of health or an authorized2702
board of health determines pursuant to an investigation conducted2703
under section 3742.35 of the Revised Code that a residential unit,2704
child day-carecare facility, or school is a possible source of 2705
the child's lead poisoning, the director or board shall conduct a 2706
risk assessment of that property in accordance with rules adopted 2707
under section 3742.50 of the Revised Code.2708

       Sec. 3742.37. (A) If the results of a risk assessment2709
conducted under section 3742.36 of the Revised Code indicate that2710
one or more lead hazards identified in a residential unit, child2711
day-carecare facility, or school are contributing to a child's 2712
lead poisoning, the director of health or authorized board of 2713
health immediately shall issue an order to have each lead hazard 2714
in the property controlled. The areas of the unit, facility, or 2715
school that may be subject to the lead hazard control order2716
include the following:2717

       (1) The interior and exterior surfaces and all common areas2718
of the unit, facility, or school;2719

       (2) Every attached or unattached structure located within the 2720
same lot line as the unit, facility, or school, including garages, 2721
play equipment, and fences;2722

       (3) The lot or land that the unit, facility, or school2723
occupies.2724

       (B) A lead hazard control order issued under this section2725
shall be in writing and in the form the director shall prescribe.2726
The director or board shall specify in the order each lead hazard2727
to be controlled and the date by which the unit, facility, or2728
school must pass a clearance examination demonstrating that each2729
lead hazard has been sufficiently controlled. The director or2730
board may include in the order a requirement that occupants of the2731
unit, facility, or school whose health may be threatened vacate2732
the unit, facility, or school until the unit, facility, or school2733
passes the clearance examination.2734

       The director or board shall have the order delivered to the2735
owner and manager of the unit, facility, or school. If the order2736
applies to a building in which there is more than one residential2737
unit, the director or board shall have a copy of the order2738
delivered to the occupants of each unit or require that the owner2739
or manager of the building deliver a copy of the order to the2740
occupants of each unit. If the order applies to a child day-care2741
care facility or school, the director or board shall have a copy 2742
of the order delivered to the parent, guardian, or custodian of 2743
each child under six years of age who receives child day-carecare2744
or education at the facility or school or require the owner or2745
manager of the facility or school to have a copy of the order so2746
delivered.2747

       Sec. 3742.38. The owner and manager of a residential unit,2748
child day-carecare facility, or school that is subject to a lead2749
hazard control order issued under section 3742.37 of the Revised2750
Code shall cooperate with the director of health or board of2751
health that issued the order in controlling each lead hazard2752
specified in the order. The owner or manager shall choose a method 2753
of controlling each lead hazard that enables the residential unit, 2754
child day-carecare facility, or school to pass a clearance 2755
examination. The method chosen may be the owner or manager's 2756
personal preference, a proposal made by a person under contract 2757
with the owner or manager, or a recommendation that the director 2758
or board may provide. The owner or manager shall inform the 2759
director or board of the method that the owner or manager chooses 2760
to control each lead hazard.2761

       Sec. 3742.39. A residential unit, child day-carecare2762
facility, or school remains subject to a lead hazard control order 2763
issued under section 3742.37 of the Revised Code until the unit, 2764
facility, or school passes a clearance examination. After the 2765
unit, facility, or school passes the clearance examination, the 2766
director of health or board of health that issued the order shall 2767
provide the owner and manager of the unit, facility, or school 2768
with information on methods of maintaining control of each lead 2769
hazard specified in the order. In the case of a residential unit 2770
in which an individual who is not the owner or manager resides, 2771
the director or board also shall provide the information to the 2772
individual residing in the unit.2773

       Sec. 3742.40. If the owner and manager of a residential unit,2774
child day-carecare facility, or school fails or refuses for any 2775
reason to comply with a lead hazard control order issued under 2776
section 3742.37 of the Revised Code, the director of health or 2777
board of health that issued the order shall issue an order 2778
prohibiting the owner and manager from permitting the unit, 2779
facility, or school to be used as a residential unit, child 2780
day-carecare facility, or school until the unit, facility, or 2781
school passes a clearance examination. On receipt of the order, 2782
the owner or manager shall take appropriate measures to notify 2783
each occupant, in the case of a residential unit, and the parent, 2784
guardian, or custodian of each child attending the facility or 2785
school, in the case of a child day-carecare facility or school, 2786
to vacate the unit, facility, or school until the unit, facility, 2787
or school passes a clearance examination. The director or board 2788
shall post a sign at the unit, facility, or school that warns the 2789
public that the unit, facility, or school has a lead hazard. The 2790
sign shall include a declaration that the unit, facility, or 2791
school is unsafe for human occupation, especially for children 2792
under six years of age and pregnant women. The director or board 2793
shall ensure that the sign remains posted at the unit, facility, 2794
or school and that the unit, facility, or school is not used as a 2795
residential unit, child day-carecare facility, or school until 2796
the unit, facility, or school passes a clearance examination.2797

       Sec. 3742.41. (A) A property constructed before January 1,2798
1950, that is used as a residential unit, child day-carecare2799
facility, or school shall be legally presumed not to contain a 2800
lead hazard and not to be the source of the lead poisoning of an 2801
individual who resides in the unit or receives child day-carecare2802
or education at the facility or school if the owner or manager of 2803
the unit, facility, or school successfully completes both of the 2804
following preventive treatments:2805

       (1) Follows the essential maintenance practices specified in2806
section 3742.42 of the Revised Code for the control of lead2807
hazards;2808

       (2) Covers all rough, pitted, or porous horizontal surfaces2809
of the inhabited or occupied areas within the unit, facility, or2810
school with a smooth, cleanable covering or coating, such as metal 2811
coil stock, plastic, polyurethane, carpet, or linoleum.2812

       (B) The owner or manager of a residential unit, child2813
day-carecare facility, or school has successfully completed the2814
preventive treatments specified in division (A) of this section if2815
the unit, facility, or school passes a clearance examination in2816
accordance with standards for passage established by rules adopted2817
under section 3742.49 of the Revised Code.2818

        (C) The legal presumption established under this section is2819
rebuttable in a court of law only on a showing of clear and2820
convincing evidence to the contrary.2821

       Sec. 3742.42.  (A) In completing the essential maintenance2822
practices portion of the preventive treatments specified in2823
section 3742.41 of the Revised Code, the owner or manager of a2824
residential unit, child day-carecare facility, or school shall do 2825
all of the following:2826

       (1) Use only safe work practices, which include compliance2827
with section 3742.44 of the Revised Code, to prevent the spread of2828
lead-contaminated dust;2829

       (2) Perform visual examinations for deteriorated paint,2830
underlying damage, and other conditions that may cause exposure to2831
lead;2832

       (3) Promptly and safely repair deteriorated paint or other2833
building components that may cause exposure to lead and eliminate2834
the cause of the deterioration;2835

       (4) Ask tenants in a residential unit, and parents,2836
guardians, and custodians of children in a child day-carecare2837
facility or school, to report concerns about potential lead 2838
hazards by providing written notices to the tenants or parents, 2839
guardians, and custodians or by posting notices in conspicuous 2840
locations;2841

       (5) Perform specialized cleaning in accordance with section2842
3742.45 of the Revised Code to control lead-contaminated dust;2843

       (6) Cover any bare soil on the property, except soil proven2844
not to be lead-contaminated;2845

       (7) Maintain a record of essential maintenance practices for2846
at least three years that documents all essential maintenance2847
practices;2848

       (8) Successfully complete a training program in essential2849
maintenance practices that has been approved under section 3742.472850
of the Revised Code.2851

       (B) The areas of a residential unit, child day-carecare2852
facility, or school that are subject to division (A) of this2853
section include all of the following:2854

       (1) The interior surfaces and all common areas of the unit,2855
facility, or school;2856

       (2) Every attached or unattached structure located within the 2857
same lot line as the unit, facility, or school that the owner or2858
manager considers to be associated with the operation of the unit, 2859
facility, or school, including garages, play equipment, and2860
fences;2861

       (3) The lot or land that the unit, facility, or school2862
occupies.2863

       Sec. 3742.43. A person who implements the essential2864
maintenance practices portion of the preventive treatments2865
specified in section 3742.41 of the Revised Code shall do all of2866
the following in the area of the residential unit, child day-care2867
care facility, or school in which the essential maintenance 2868
practices are being performed:2869

       (A) Allow only persons performing the essential maintenance2870
practices access to the area;2871

       (B) Cover the area with six mil polyethylene plastic or its2872
equivalent;2873

       (C) Protect workers in a manner consistent with the2874
requirements a lead abatement contractor must meet pursuant to2875
division (B) of section 3742.07 of the Revised Code;2876

       (D) Protect occupants' belongings by covering or removing2877
them from the area;2878

       (E) Wet down all painted surfaces before disturbing the2879
surfaces;2880

       (F) Wet down debris before sweeping or vacuuming.2881

       Sec. 3742.45.  (A) Specialized cleaning methods used to2882
control lead-contaminated dust when implementing the essential2883
maintenance practices portion of the preventive treatments2884
specified in section 3742.41 of the Revised Code may include any2885
of the following:2886

       (1) Cleaning potentially lead-contaminated surfaces with a2887
detergent;2888

       (2) Vacuuming potentially lead-contaminated surfaces with a2889
HEPA vacuum;2890

       (3) Covering potentially lead-contaminated soil.2891

       (B) A person who uses or provides for others to use the2892
specialized cleaning methods specified in division (A) of this2893
section shall ensure that the cleaning is performed as follows:2894

       (1) The common areas of a building with more than one2895
residential unit must undergo specialized cleaning at least2896
annually, including hallways, stairways, laundry rooms,2897
recreational rooms, playgrounds, boundary fences, and other2898
portions of the building and its surroundings that are generally2899
accessible to all residents.2900

       (2) The interior of a residential unit that is vacated by its 2901
occupants must undergo specialized cleaning before it may be2902
reoccupied.2903

       (3) A child day-carecare facility or school must undergo2904
specialized cleaning at least annually at a time when children are2905
not present at the facility or school.2906

       (4) In a residential unit, child day-carecare facility, or2907
school, on completion of any maintenance or repair work that2908
disturbs surfaces suspected or known to be painted with lead-based2909
paint, the maintenance or repair work area must undergo2910
specialized cleaning if the area of the disturbed surfaces2911
suspected or known to be painted with lead-based paint totals more2912
than one of the following:2913

        (a) Twenty square feet or two square meters on exterior2914
surfaces;2915

        (b) Two square feet or two-tenths of one square meter in any 2916
one interior room or space;2917

        (c) Ten per cent of the total surface area on an interior or 2918
exterior component with a small surface area, such as window2919
sills, baseboards, and trim.2920

       Sec. 3742.48. Any person who supervises or performs services2921
for the general improvement of all or part of an existing2922
structure, including a residential unit, child day-carecare2923
facility, or school, may undertake a training program in lead-safe2924
renovation approved under section 3742.47 of the Revised Code.2925
After successfully completing the program, the person may2926
represent to the public that the services are being supervised or2927
performed by a lead-safe renovator. Regardless of whether a2928
training program in lead-safe renovation has been completed, the2929
person is not subject to licensure under this chapter solely for2930
supervising or performing services for the general improvement of2931
all or part of an existing structure.2932

       Sec. 5101.16.  (A) As used in this section and sections2933
5101.161 and 5101.162 of the Revised Code:2934

       (1) "Disability financial assistance" means the financial 2935
assistance program established under Chapter 5115. of the Revised 2936
Code.2937

       (2) "Disability medical assistance" means the medical 2938
assistance program established under Chapter 5115. of the Revised 2939
Code.2940

       (3) "Food stamps" means the program administered by the2941
department of job and family services pursuant to section 5101.542942
of the Revised Code.2943

       (4) "Medicaid" means the medical assistance program2944
established by Chapter 5111. of the Revised Code, excluding2945
transportation services provided under that chapter.2946

       (5) "Ohio works first" means the program established by2947
Chapter 5107. of the Revised Code.2948

       (6) "Prevention, retention, and contingency" means the2949
program established by Chapter 5108. of the Revised Code.2950

       (7) "Public assistance expenditures" means expenditures for2951
all of the following:2952

       (a) Ohio works first;2953

       (b) County administration of Ohio works first;2954

       (c) Prevention, retention, and contingency;2955

       (d) County administration of prevention, retention, and2956
contingency;2957

       (e) Disability financial assistance;2958

       (f) Disability medical assistance;2959

       (g) County administration of disability financial assistance;2960

       (h) County administration of disability medical assistance;2961

       (i) County administration of food stamps;2962

       (j) County administration of medicaid.2963

       (8) "Title IV-A program" has the same meaning as in section 2964
5101.80 of the Revised Code.2965

       (B) Each board of county commissioners shall pay the county2966
share of public assistance expenditures in accordance with section2967
5101.161 of the Revised Code. Except as provided in division (C)2968
of this section, a county's share of public assistance2969
expenditures is the sum of all of the following for state fiscal2970
year 1998 and each state fiscal year thereafter:2971

       (1) The amount that is twenty-five per cent of the county's2972
total expenditures for disability financial assistance and 2973
disability medical assistance and county administration of those 2974
programs during the state fiscal year ending in the previous 2975
calendar year that the department of job and family services 2976
determines are allowable.2977

       (2) The amount that is ten per cent, or other percentage2978
determined under division (D) of this section, of the county's2979
total expenditures for county administration of food stamps and2980
medicaid during the state fiscal year ending in the previous2981
calendar year that the department determines are allowable, less2982
the amount of federal reimbursement credited to the county under2983
division (E) of this section for the state fiscal year ending in2984
the previous calendar year;2985

       (3) A percentage of the actual amount of the county share of 2986
program and administrative expenditures during federal fiscal year 2987
1994 for assistance and services, other than child day-carecare, 2988
provided under Titles IV-A and IV-F of the "Social Security Act," 2989
49 Stat. 620 (1935), 42 U.S.C. 301, as those titles existed prior 2990
to the enactment of the "Personal Responsibility and Work 2991
Opportunity Reconciliation Act of 1996," 110 Stat. 2105. The 2992
department of job and family services shall determine the actual 2993
amount of the county share from expenditure reports submitted to 2994
the United States department of health and human services. The 2995
percentage shall be the percentage established in rules adopted 2996
under division (F) of this section.2997

       (C)(1) If a county's share of public assistance expenditures2998
determined under division (B) of this section for a state fiscal2999
year exceeds one hundred ten per cent of the county's share for3000
those expenditures for the immediately preceding state fiscal3001
year, the department of job and family services shall reduce the3002
county's share for expenditures under divisions (B)(1) and (2) of3003
this section so that the total of the county's share for3004
expenditures under division (B) of this section equals one hundred3005
ten per cent of the county's share of those expenditures for the3006
immediately preceding state fiscal year.3007

       (2) A county's share of public assistance expenditures3008
determined under division (B) of this section may be increased3009
pursuant to a sanction under section 5101.24 of the Revised Code.3010

       (D)(1) If the per capita tax duplicate of a county is less3011
than the per capita tax duplicate of the state as a whole and3012
division (D)(2) of this section does not apply to the county, the3013
percentage to be used for the purpose of division (B)(2) of this3014
section is the product of ten multiplied by a fraction of which3015
the numerator is the per capita tax duplicate of the county and3016
the denominator is the per capita tax duplicate of the state as a3017
whole. The department of job and family services shall compute the 3018
per capita tax duplicate for the state and for each county by3019
dividing the tax duplicate for the most recent available year by3020
the current estimate of population prepared by the department of3021
development.3022

       (2) If the percentage of families in a county with an annual3023
income of less than three thousand dollars is greater than the3024
percentage of such families in the state and division (D)(1) of3025
this section does not apply to the county, the percentage to be3026
used for the purpose of division (B)(2) of this section is the3027
product of ten multiplied by a fraction of which the numerator is3028
the percentage of families in the state with an annual income of3029
less than three thousand dollars a year and the denominator is the3030
percentage of such families in the county. The department of job3031
and family services shall compute the percentage of families with3032
an annual income of less than three thousand dollars for the state3033
and for each county by multiplying the most recent estimate of3034
such families published by the department of development, by a3035
fraction, the numerator of which is the estimate of average annual3036
personal income published by the bureau of economic analysis of3037
the United States department of commerce for the year on which the3038
census estimate is based and the denominator of which is the most3039
recent such estimate published by the bureau.3040

       (3) If the per capita tax duplicate of a county is less than3041
the per capita tax duplicate of the state as a whole and the3042
percentage of families in the county with an annual income of less3043
than three thousand dollars is greater than the percentage of such3044
families in the state, the percentage to be used for the purpose3045
of division (B)(2) of this section shall be determined as follows:3046

       (a) Multiply ten by the fraction determined under division3047
(D)(1) of this section;3048

       (b) Multiply the product determined under division (D)(3)(a)3049
of this section by the fraction determined under division (D)(2)3050
of this section.3051

       (4) The department of job and family services shall3052
determine, for each county, the percentage to be used for the3053
purpose of division (B)(2) of this section not later than the3054
first day of July of the year preceding the state fiscal year for3055
which the percentage is used.3056

       (E) The department of job and family services shall credit to3057
a county the amount of federal reimbursement the department3058
receives from the United States departments of agriculture and3059
health and human services for the county's expenditures for3060
administration of food stamps and medicaid that the department3061
determines are allowable administrative expenditures.3062

       (F)(1) The director of job and family services shall adopt3063
rules in accordance with section 111.15 of the Revised Code to3064
establish all of the following:3065

       (a) The method the department is to use to change a county's3066
share of public assistance expenditures determined under division3067
(B) of this section as provided in division (C) of this section;3068

       (b) The allocation methodology and formula the department3069
will use to determine the amount of funds to credit to a county3070
under this section;3071

       (c) The method the department will use to change the payment3072
of the county share of public assistance expenditures from a3073
calendar-year basis to a state fiscal year basis;3074

       (d) The percentage to be used for the purpose of division 3075
(B)(3) of this section, which shall meet both of the following 3076
requirements:3077

       (i) The percentage shall not be less than seventy-five per 3078
cent nor more than eighty-two per cent;3079

       (ii) The percentage shall not exceed the percentage that the 3080
state's qualified state expenditures is of the state's historic 3081
state expenditures as those terms are defined in 42 U.S.C. 3082
609(a)(7).3083

       (e) Other procedures and requirements necessary to implement3084
this section.3085

       (2) The director of job and family services may amend the 3086
rule adopted under division (F)(1)(d) of this section to modify 3087
the percentage on determination that the amount the general 3088
assembly appropriates for Title IV-A programs makes the 3089
modification necessary. The rule shall be adopted and amended as 3090
if an internal management rule and in consultation with the 3091
director of budget and management.3092

       Sec. 5101.47.  (A) The director of job and family services 3093
may accept applications, determine eligibility, and perform 3094
related administrative activities for one or more of the 3095
following:3096

       (1) The medicaid program established by Chapter 5111. of the3097
Revised Code;3098

       (2) The children's health insurance program parts I and II3099
provided for under sections 5101.50 and 5101.51 of the Revised3100
Code;3101

       (3) Publicly funded child day-carecare provided under 3102
Chapter 5104. of the Revised Code;3103

       (4) Other programs the director determines are supportive of3104
children or families with at least one employed member. 3105

       (B) If the director elects to accept applications, determine3106
eligibility, and perform related administrative activities for a 3107
program specified in or pursuant to division (A) of this section,3108
both of the following apply:3109

       (1) An individual seeking services under the program may 3110
apply for the program to the director or to the entity that state 3111
law governing the program authorizes to accept applications for 3112
the program.3113

       (2) The director is subject to federal and state law that3114
require, permit, or prohibit an action regarding accepting 3115
applications, determining eligibility, and performing related 3116
administrative activities for the program. 3117

       (C) The director may adopt rules as necessary to implement 3118
this section.3119

       Sec. 5101.851.  The department of job and family services may 3120
establish a statewide program of kinship care navigators to assist 3121
kinship caregivers who are seeking information regarding, or 3122
assistance obtaining, services and benefits available at the state 3123
and local level that address the needs of those caregivers3124
residing in each county. The program shall provide to kinship3125
caregivers information and referral services and assistance3126
obtaining support services including the following:3127

       (A) Publicly funded child day-carecare;3128

       (B) Respite care;3129

       (C) Training related to caring for special needs children;3130

       (D) A toll-free telephone number that may be called to obtain3131
basic information about the rights of, and services available to,3132
kinship caregivers;3133

       (E) Legal services.3134

       Sec. 5101.97.  (A)(1) Not later than the last day of each 3135
July and January, the department of job and family services shall 3136
complete a report on the characteristics of the individuals who 3137
participate in or receive services through the programs operated 3138
by the department and the outcomes of the individuals' 3139
participation in or receipt of services through the programs. The 3140
reports shall be for the six-month periods ending on the last days 3141
of June and December and shall include information on the 3142
following:3143

       (a) Work activities, developmental activities, and 3144
alternative work activities established under sections 5107.40 to 3145
5107.69 of the Revised Code;3146

       (b) Programs of publicly funded child day-carecare, as 3147
defined in section 5104.01 of the Revised Code;3148

       (c) Child support enforcement programs;3149

       (d) Births to recipients of the medical assistance program3150
established under Chapter 5111. of the Revised Code.3151

       (2) The department shall submit the reports required under 3152
division (A)(1) of this section to the speaker and minority leader 3153
of the house of representatives, the president and minority leader 3154
of the senate, the legislative budget officer, the director of 3155
budget and management, and each board of county commissioners. The3156
department shall provide copies of the reports to any person or3157
government entity on request.3158

       In designing the format for the reports, the department shall 3159
consult with individuals, organizations, and government entities 3160
interested in the programs operated by the department, so that the 3161
reports are designed to enable the general assembly and the public 3162
to evaluate the effectiveness of the programs and identify any 3163
needs that the programs are not meeting. 3164

       (B) Whenever the federal government requires that the 3165
department submit a report on a program that is operated by the 3166
department or is otherwise under the department's jurisdiction, 3167
the department shall prepare and submit the report in accordance 3168
with the federal requirements applicable to that report. To the 3169
extent possible, the department may coordinate the preparation and 3170
submission of a particular report with any other report, plan, or 3171
other document required to be submitted to the federal government, 3172
as well as with any report required to be submitted to the general3173
assembly. The reports required by the Personal Responsibility and3174
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be 3175
submitted as an annual summary.3176

       Sec. 5104.01.  As used in this chapter:3177

       (A) "Administrator" means the person responsible for the3178
daily operation of a center or type A home. The administrator and3179
the owner may be the same person.3180

       (B) "Approved child day camp" means a child day camp approved 3181
pursuant to section 5104.22 of the Revised Code.3182

       (C) "Authorized provider" means a person authorized by a3183
county director of job and family services to operate a certified3184
type B family day-care home.3185

       (D) "Border state child day-carecare provider" means a child3186
day-carecare provider that is located in a state bordering Ohio 3187
and that is licensed, certified, or otherwise approved by that 3188
state to provide child day-carecare.3189

       (E) "Caretaker parent" means the father or mother of a child3190
whose presence in the home is needed as the caretaker of the3191
child, a person who has legal custody of a child and whose3192
presence in the home is needed as the caretaker of the child, a3193
guardian of a child whose presence in the home is needed as the3194
caretaker of the child, and any other person who stands in loco3195
parentis with respect to the child and whose presence in the home3196
is needed as the caretaker of the child.3197

       (F) "Certified type B family day-care home" and "certified3198
type B home" mean a type B family day-care home that is certified3199
by the director of the county department of job and family3200
services pursuant to section 5104.11 of the Revised Code to3201
receive public funds for providing child day-carecare pursuant to 3202
this chapter and any rules adopted under it.3203

       (G) "Chartered nonpublic school" means a school that meets3204
standards for nonpublic schools prescribed by the state board of3205
education for nonpublic schools pursuant to section 3301.07 of the3206
Revised Code.3207

       (H) "Child" includes an infant, toddler, preschool child, or3208
school child.3209

       (I) "Child care block grant act" means the "Child Care and3210
Development Block Grant Act of 1990," established in section 50823211
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.3212
1388-236 (1990), 42 U.S.C. 9858, as amended.3213

       (J) "Child day camp" means a program in which only school3214
children attend or participate, that operates for no more than3215
seven hours per day, that operates only during one or more public3216
school district's regular vacation periods or for no more than3217
fifteen weeks during the summer, and that operates outdoor3218
activities for each child who attends or participates in the3219
program for a minimum of fifty per cent of each day that children3220
attend or participate in the program, except for any day when3221
hazardous weather conditions prevent the program from operating3222
outdoor activities for a minimum of fifty per cent of that day. 3223
For purposes of this division, the maximum seven hours of3224
operation time does not include transportation time from a child's3225
home to a child day camp and from a child day camp to a child's3226
home.3227

       (K) "Child day-carecare" means administering to the needs of3228
infants, toddlers, preschool children, and school children outside3229
of school hours by persons other than their parents or guardians,3230
custodians, or relatives by blood, marriage, or adoption for any3231
part of the twenty-four-hour day in a place or residence other3232
than a child's own home. 3233

       (L) "Child day-care center" and "center" mean any place in3234
which child day-carecare or publicly funded child day-carecare3235
is provided for thirteen or more children at one time or any place3236
that is not the permanent residence of the licensee or3237
administrator in which child day-carecare or publicly funded 3238
child day-carecare is provided for seven to twelve children at 3239
one time. In counting children for the purposes of this division, 3240
any children under six years of age who are related to a licensee,3241
administrator, or employee and who are on the premises of the3242
center shall be counted. "Child day-care center" and "center" do3243
not include any of the following:3244

       (1) A place located in and operated by a hospital, as defined 3245
in section 3727.01 of the Revised Code, in which the needs of 3246
children are administered to, if all the children whose needs are 3247
being administered to are monitored under the on-site supervision 3248
of a physician licensed under Chapter 4731. of the Revised Code or 3249
a registered nurse licensed under Chapter 4723. of the Revised 3250
Code, and the services are provided only for children who, in the 3251
opinion of the child's parent, guardian, or custodian, are 3252
exhibiting symptoms of a communicable disease or other illness or 3253
are injured;3254

       (2) A child day camp;3255

       (3) A place that provides child day-carecare, but not 3256
publicly funded child day-carecare, if all of the following 3257
apply:3258

       (a) An organized religious body provides the child day-care3259
care;3260

       (b) A parent, custodian, or guardian of at least one child3261
receiving child day-carecare is on the premises and readily 3262
accessible at all times;3263

       (c) The child day-carecare is not provided for more than 3264
thirty days a year;3265

       (d) The child day-carecare is provided only for preschool 3266
and school children.3267

       (M) "Child day-carecare resource and referral service3268
organization" means a community-based nonprofit organization that3269
provides child day-carecare resource and referral services but 3270
not child day-carecare.3271

       (N) "Child day-carecare resource and referral services" 3272
means all of the following services:3273

       (1) Maintenance of a uniform data base of all child day-care3274
care providers in the community that are in compliance with this3275
chapter, including current occupancy and vacancy data;3276

       (2) Provision of individualized consumer education to3277
families seeking child day-carecare;3278

       (3) Provision of timely referrals of available child day-care3279
care providers to families seeking child day-carecare;3280

       (4) Recruitment of child day-carecare providers;3281

       (5) Assistance in the development, conduct, and dissemination 3282
of training for child day-carecare providers and provision of 3283
technical assistance to current and potential child day-carecare3284
providers, employers, and the community;3285

       (6) Collection and analysis of data on the supply of and3286
demand for child day-carecare in the community;3287

       (7) Technical assistance concerning locally, state, and3288
federally funded child day-carecare and early childhood education3289
programs;3290

       (8) Stimulation of employer involvement in making child3291
day-carecare more affordable, more available, safer, and of 3292
higher quality for their employees and for the community;3293

       (9) Provision of written educational materials to caretaker3294
parents and informational resources to child day-carecare3295
providers;3296

       (10) Coordination of services among child day-carecare3297
resource and referral service organizations to assist in 3298
developing and maintaining a statewide system of child day-care3299
care resource and referral services if required by the department 3300
of job and family services;3301

       (11) Cooperation with the county department of job and family 3302
services in encouraging the establishment of parent cooperative3303
child day-carecare centers and parent cooperative type A family 3304
day-care homes.3305

       (O) "Child-care staff member" means an employee of a child3306
day-care center or type A family day-care home who is primarily3307
responsible for the care and supervision of children. The3308
administrator may be a part-time child-care staff member when not3309
involved in other duties.3310

       (P) "Drop-in child day-care center," "drop-in center,"3311
"drop-in type A family day-care home," and "drop-in type A home"3312
mean a center or type A home that provides child day-carecare or3313
publicly funded child day-carecare for children on a temporary,3314
irregular basis.3315

       (Q) "Employee" means a person who either:3316

       (1) Receives compensation for duties performed in a child3317
day-care center or type A family day-care home;3318

       (2) Is assigned specific working hours or duties in a child3319
day-care center or type A family day-care home.3320

       (R) "Employer" means a person, firm, institution,3321
organization, or agency that operates a child day-care center or3322
type A family day-care home subject to licensure under this3323
chapter.3324

       (S) "Federal poverty line" means the official poverty3325
guideline as revised annually in accordance with section 673(2) of3326
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 423327
U.S.C. 9902, as amended, for a family size equal to the size of3328
the family of the person whose income is being determined.3329

       (T) "Head start program" means a comprehensive child3330
development program that receives funds distributed under the3331
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as3332
amended, or under sections 3301.31 to 3301.37 of the Revised Code.3333

       (U) "Income" means gross income, as defined in section3334
5107.10 of the Revised Code, less any amounts required by federal3335
statutes or regulations to be disregarded.3336

       (V) "Indicator checklist" means an inspection tool, used in3337
conjunction with an instrument-based program monitoring3338
information system, that contains selected licensing requirements3339
that are statistically reliable indicators or predictors of a3340
child day-care center or type A family day-care home's compliance3341
with licensing requirements.3342

       (W) "Infant" means a child who is less than eighteen months3343
of age.3344

       (X) "In-home aide" means a person certified by a county3345
director of job and family services pursuant to section 5104.12 of3346
the Revised Code to provide publicly funded child day-carecare to 3347
a child in a child's own home pursuant to this chapter and any 3348
rules adopted under it.3349

       (Y) "Instrument-based program monitoring information system"3350
means a method to assess compliance with licensing requirements3351
for child day-care centers and type A family day-care homes in3352
which each licensing requirement is assigned a weight indicative3353
of the relative importance of the requirement to the health,3354
growth, and safety of the children that is used to develop an3355
indicator checklist.3356

       (Z) "License capacity" means the maximum number in each age3357
category of children who may be cared for in a child day-care3358
center or type A family day-care home at one time as determined by3359
the director of job and family services considering building3360
occupancy limits established by the department of commerce, number3361
of available child-care staff members, amount of available indoor3362
floor space and outdoor play space, and amount of available play3363
equipment, materials, and supplies.3364

       (AA) "Licensed preschool program" or "licensed school child3365
program" means a preschool program or school child program, as3366
defined in section 3301.52 of the Revised Code, that is licensed3367
by the department of education pursuant to sections 3301.52 to3368
3301.59 of the Revised Code.3369

       (BB) "Licensee" means the owner of a child day-care center or 3370
type A family day-care home that is licensed pursuant to this3371
chapter and who is responsible for ensuring its compliance with3372
this chapter and rules adopted pursuant to this chapter.3373

       (CC) "Operate a child day camp" means to operate, establish,3374
manage, conduct, or maintain a child day camp.3375

       (DD) "Owner" includes a person, as defined in section 1.59 of 3376
the Revised Code, or government entity.3377

       (EE) "Parent cooperative child day-care center," "parent3378
cooperative center," "parent cooperative type A family day-care3379
home," and "parent cooperative type A home" mean a corporation or3380
association organized for providing educational services to the3381
children of members of the corporation or association, without3382
gain to the corporation or association as an entity, in which the3383
services of the corporation or association are provided only to3384
children of the members of the corporation or association,3385
ownership and control of the corporation or association rests3386
solely with the members of the corporation or association, and at3387
least one parent-member of the corporation or association is on3388
the premises of the center or type A home during its hours of3389
operation.3390

       (FF) "Part-time child day-care center," "part-time center,"3391
"part-time type A family day-care home," and "part-time type A3392
home" mean a center or type A home that provides child day-care3393
care or publicly funded child day-carecare for no more than four 3394
hours a day for any child.3395

       (GG) "Place of worship" means a building where activities of3396
an organized religious group are conducted and includes the3397
grounds and any other buildings on the grounds used for such3398
activities.3399

       (HH) "Preschool child" means a child who is three years old3400
or older but is not a school child.3401

       (II) "Protective day-carechild care" means publicly funded 3402
child day-carecare for the direct care and protection of a child 3403
to whom either of the following applies:3404

       (1) A case plan prepared and maintained for the child3405
pursuant to section 2151.412 of the Revised Code indicates a need3406
for protective day-carecare and the child resides with a parent,3407
stepparent, guardian, or another person who stands in loco3408
parentis as defined in rules adopted under section 5104.38 of the3409
Revised Code;3410

       (2) The child and the child's caretaker either temporarily3411
reside in a facility providing emergency shelter for homeless3412
families or are determined by the county department of job and3413
family services to be homeless, and are otherwise ineligible for3414
publicly funded child day-carecare.3415

       (JJ) "Publicly funded child day-carecare" means3416
administering to the needs of infants, toddlers, preschool3417
children, and school children under age thirteen during any part 3418
of the twenty-four-hour day by persons other than their caretaker 3419
parents for remuneration wholly or in part with federal or state 3420
funds, including funds available under the child care block grant 3421
act, Title IV-A, and Title XX, distributed by the department of 3422
job and family services. 3423

       (KK) "Religious activities" means any of the following:3424
worship or other religious services; religious instruction; Sunday3425
school classes or other religious classes conducted during or3426
prior to worship or other religious services; youth or adult3427
fellowship activities; choir or other musical group practices or3428
programs; meals; festivals; or meetings conducted by an organized3429
religious group.3430

       (LL) "School child" means a child who is enrolled in or is3431
eligible to be enrolled in a grade of kindergarten or above but is3432
less than fifteen years old.3433

       (MM) "School child day-care center," "school child center,"3434
"school child type A family day-care home," and "school child type3435
A family home" mean a center or type A home that provides child3436
day-carecare for school children only and that does either or3437
both of the following:3438

       (1) Operates only during that part of the day that3439
immediately precedes or follows the public school day of the3440
school district in which the center or type A home is located;3441

       (2) Operates only when the public schools in the school3442
district in which the center or type A home is located are not3443
open for instruction with pupils in attendance.3444

       (NN) "State median income" means the state median income3445
calculated by the department of development pursuant to division3446
(A)(1)(g) of section 5709.61 of the Revised Code.3447

       (OO) "Title IV-A" means Title IV-A of the "Social Security 3448
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.3449

       (PP) "Title XX" means Title XX of the "Social Security Act," 3450
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.3451

       (QQ) "Toddler" means a child who is at least eighteen months3452
of age but less than three years of age.3453

       (RR) "Type A family day-care home" and "type A home" mean a3454
permanent residence of the administrator in which child day-care3455
care or publicly funded child day-carecare is provided for seven 3456
to twelve children at one time or a permanent residence of the3457
administrator in which child day-carecare is provided for four to3458
twelve children at one time if four or more children at one time3459
are under two years of age. In counting children for the purposes 3460
of this division, any children under six years of age who are 3461
related to a licensee, administrator, or employee and who are on 3462
the premises of the type A home shall be counted. "Type A family 3463
day-care home" does not include a residence in which the needs of 3464
children are administered to, if all of the children whose needs 3465
are being administered to are siblings of the same immediate 3466
family and the residence is the home of the siblings. "Type A 3467
family day-care home" and "type A home" do not include any child 3468
day camp.3469

       (SS) "Type B family day-care home" and "type B home" mean a3470
permanent residence of the provider in which child day-carecare3471
is provided for one to six children at one time and in which no 3472
more than three children are under two years of age at one time. 3473
In counting children for the purposes of this division, any 3474
children under six years of age who are related to the provider 3475
and who are on the premises of the type B home shall be counted.3476
"Type B family day-care home" does not include a residence in 3477
which the needs of children are administered to, if all of the 3478
children whose needs are being administered to are siblings of the 3479
same immediate family and the residence is the home of the 3480
siblings. "Type B family day-care home" and "type B home" do not 3481
include any child day camp.3482

       Sec. 5104.011.  (A) The director of job and family services3483
shall adopt rules pursuant to Chapter 119. of the Revised Code3484
governing the operation of child day-care centers, including, but3485
not limited to, parent cooperative centers, part-time centers,3486
drop-in centers, and school child centers, which rules shall3487
reflect the various forms of child day-carecare and the needs of3488
children receiving child day-carecare or publicly funded child3489
day-carecare and shall include specific rules for school child 3490
day-carecare centers that are developed in consultation with the 3491
department of education. The rules shall not require an existing 3492
school facility that is in compliance with applicable building 3493
codes to undergo an additional building code inspection or to have 3494
structural modifications. The rules shall include the following:3495

       (1) Submission of a site plan and descriptive plan of3496
operation to demonstrate how the center proposes to meet the3497
requirements of this chapter and rules adopted pursuant to this3498
chapter for the initial license application;3499

       (2) Standards for ensuring that the physical surroundings of3500
the center are safe and sanitary including, but not limited to,3501
the physical environment, the physical plant, and the equipment of3502
the center;3503

       (3) Standards for the supervision, care, and discipline of3504
children receiving child day-carecare or publicly funded child3505
day-carecare in the center;3506

       (4) Standards for a program of activities, and for play3507
equipment, materials, and supplies, to enhance the development of3508
each child; however, any educational curricula, philosophies, and3509
methodologies that are developmentally appropriate and that3510
enhance the social, emotional, intellectual, and physical3511
development of each child shall be permissible. As used in this3512
division, "program" does not include instruction in religious or3513
moral doctrines, beliefs, or values that is conducted at child3514
day-care centers owned and operated by churches and does include3515
methods of disciplining children at child day-care centers.3516

       (5) Admissions policies and procedures, health care policies3517
and procedures, including, but not limited to, procedures for the3518
isolation of children with communicable diseases, first aid and3519
emergency procedures, procedures for discipline and supervision of3520
children, standards for the provision of nutritious meals and3521
snacks, and procedures for screening children and employees,3522
including, but not limited to, any necessary physical examinations3523
and immunizations;3524

       (6) Methods for encouraging parental participation in the3525
center and methods for ensuring that the rights of children,3526
parents, and employees are protected and that responsibilities of3527
parents and employees are met;3528

       (7) Procedures for ensuring the safety and adequate3529
supervision of children traveling off the premises of the center3530
while under the care of a center employee;3531

       (8) Procedures for record keeping, organization, and3532
administration;3533

       (9) Procedures for issuing, renewing, denying, and revoking a 3534
license that are not otherwise provided for in Chapter 119. of the 3535
Revised Code;3536

       (10) Inspection procedures;3537

       (11) Procedures and standards for setting initial and renewal 3538
license application fees;3539

       (12) Procedures for receiving, recording, and responding to3540
complaints about centers;3541

       (13) Procedures for enforcing section 5104.04 of the Revised3542
Code;3543

       (14) A standard requiring the inclusion, on and after July 1, 3544
1987, of a current department of job and family services toll-free3545
telephone number on each center provisional license or license3546
which any person may use to report a suspected violation by the3547
center of this chapter or rules adopted pursuant to this chapter;3548

       (15) Requirements for the training of administrators and3549
child-care staff members in first aid, in prevention, recognition,3550
and management of communicable diseases, and in child abuse3551
recognition and prevention. Training requirements for child3552
day-care centers adopted under this division shall be consistent3553
with divisions (B)(6) and (C)(1) of this section.3554

       (16) Procedures to be used by licensees for checking the3555
references of potential employees of centers and procedures to be3556
used by the director for checking the references of applicants for3557
licenses to operate centers;3558

       (17) Standards providing for the special needs of children3559
who are handicapped or who require treatment for health conditions3560
while the child is receiving child day-carecare or publicly 3561
funded child day-carecare in the center;3562

       (18) A procedure for reporting of injuries of children that 3563
occur at the center;3564

       (19) Any other procedures and standards necessary to carry3565
out this chapter.3566

       (B)(1) The child day-care center shall have, for each child3567
for whom the center is licensed, at least thirty-five square feet3568
of usable indoor floor space wall-to-wall regularly available for3569
the child day-carecare operation exclusive of any parts of the3570
structure in which the care of children is prohibited by law or by3571
rules adopted by the board of building standards. The minimum of3572
thirty-five square feet of usable indoor floor space shall not3573
include hallways, kitchens, storage areas, or any other areas that3574
are not available for the care of children, as determined by the3575
director, in meeting the space requirement of this division, and3576
bathrooms shall be counted in determining square footage only if3577
they are used exclusively by children enrolled in the center,3578
except that the exclusion of hallways, kitchens, storage areas,3579
bathrooms not used exclusively by children enrolled in the center,3580
and any other areas not available for the care of children from3581
the minimum of thirty-five square feet of usable indoor floor3582
space shall not apply to:3583

       (a) Centers licensed prior to or on September 1, 1986, that3584
continue under licensure after that date;3585

       (b) Centers licensed prior to or on September 1, 1986, that3586
are issued a new license after that date solely due to a change of3587
ownership of the center.3588

       (2) The child day-care center shall have on the site a safe3589
outdoor play space which is enclosed by a fence or otherwise3590
protected from traffic or other hazards. The play space shall3591
contain not less than sixty square feet per child using such space3592
at any one time, and shall provide an opportunity for supervised3593
outdoor play each day in suitable weather. The director may exempt 3594
a center from the requirement of this division, if an outdoor play 3595
space is not available and if all of the following are met:3596

       (a) The center provides an indoor recreation area that has3597
not less than sixty square feet per child using the space at any3598
one time, that has a minimum of one thousand four hundred forty3599
square feet of space, and that is separate from the indoor space3600
required under division (B)(1) of this section.3601

       (b) The director has determined that there is regularly3602
available and scheduled for use a conveniently accessible and safe3603
park, playground, or similar outdoor play area for play or3604
recreation.3605

       (c) The children are closely supervised during play and while 3606
traveling to and from the area.3607

       The director also shall exempt from the requirement of this3608
division a child day-care center that was licensed prior to3609
September 1, 1986, if the center received approval from the3610
director prior to September 1, 1986, to use a park, playground, or3611
similar area, not connected with the center, for play or3612
recreation in lieu of the outdoor space requirements of this3613
section and if the children are closely supervised both during3614
play and while traveling to and from the area and except if the3615
director determines upon investigation and inspection pursuant to3616
section 5104.04 of the Revised Code and rules adopted pursuant to3617
that section that the park, playground, or similar area, as well3618
as access to and from the area, is unsafe for the children.3619

       (3) The child day-care center shall have at least two3620
responsible adults available on the premises at all times when3621
seven or more children are in the center. The center shall3622
organize the children in the center in small groups, shall provide3623
child-care staff to give continuity of care and supervision to the3624
children on a day-by-day basis, and shall ensure that no child is3625
left alone or unsupervised. Except as otherwise provided in3626
division (E) of this section, the maximum number of children per3627
child-care staff member and maximum group size, by age category of3628
children, are as follows:3629

Maximum Number of 3630
Children Per Maximum 3631
Age Category Child-Care Group 3632
of Children Staff Member Size 3633
(a) Infants: 3634
(i) Less than twelve 3635
months old 5:1, or 3636
12:2 if two 3637
child-care 3638
staff members 3639
are in the room 12 3640
(ii) At least twelve 3641
months old, but 3642
less than eighteen 3643
months old 6:1 12 3644
(b) Toddlers: 3645
(i) At least eighteen 3646
months old, but 3647
less than thirty 3648
months old 7:1 14 3649
(ii) At least thirty months 3650
old, but less than 3651
three years old 8:1 16 3652
(c) Preschool 3653
children: 3654
(i) Three years old 12:1 24 3655
(ii) Four years old and 3656
five years old who 3657
are not school 3658
children 14:1 28 3659
(d) School children: 3660
(i) A child who is 3661
enrolled in or is 3662
eligible to be 3663
enrolled in a grade 3664
of kindergarten 3665
or above, but 3666
is less than 3667
eleven years old 18:1 36 3668
(ii) Eleven through fourteen 3669
years old 20:1 40 3670

       Except as otherwise provided in division (E) of this section,3671
the maximum number of children per child-care staff member and3672
maximum group size requirements of the younger age group shall3673
apply when age groups are combined.3674

       (4)(a) The child day-care center administrator shall show the 3675
director both of the following:3676

       (i) Evidence of at least high school graduation or3677
certification of high school equivalency by the state board of3678
education or the appropriate agency of another state;3679

       (ii) Evidence of having completed at least two years of3680
training in an accredited college, university, or technical3681
college, including courses in child development or early childhood3682
education, or at least two years of experience in supervising and3683
giving daily care to children attending an organized group3684
program.3685

       (b) In addition to the requirements of division (B)(4)(a) of3686
this section, any administrator employed or designated on or after3687
September 1, 1986, shall show evidence of, and any administrator3688
employed or designated prior to September 1, 1986, shall show3689
evidence within six years after such date of, at least one of the3690
following:3691

       (i) Two years of experience working as a child-care staff3692
member in a center and at least four courses in child development3693
or early childhood education from an accredited college,3694
university, or technical college, except that a person who has two3695
years of experience working as a child-care staff member in a3696
particular center and who has been promoted to or designated as3697
administrator of that center shall have one year from the time the3698
person was promoted to or designated as administrator to complete3699
the required four courses;3700

       (ii) Two years of training, including at least four courses3701
in child development or early childhood education from an3702
accredited college, university, or technical college;3703

       (iii) A child development associate credential issued by the3704
national child development associate credentialing commission;3705

       (iv) An associate or higher degree in child development or3706
early childhood education from an accredited college, technical3707
college, or university, or a license designated for teaching in an3708
associate teaching position in a preschool setting issued by the3709
state board of education.3710

       (5) All child-care staff members of a child day-care center3711
shall be at least eighteen years of age, and shall furnish the3712
director evidence of at least high school graduation or3713
certification of high school equivalency by the state board of3714
education or the appropriate agency of another state or evidence3715
of completion of a training program approved by the department of3716
job and family services or state board of education, except as3717
follows:3718

       (a) A child-care staff member may be less than eighteen years 3719
of age if the staff member is either of the following:3720

       (i) A graduate of a two-year vocational child-care training3721
program approved by the state board of education;3722

       (ii) A student enrolled in the second year of a vocational3723
child-care training program approved by the state board of3724
education which leads to high school graduation, provided that the3725
student performs the student's duties in the child day-care center3726
under the continuous supervision of an experienced child-care3727
staff member, receives periodic supervision from the vocational3728
child-care training program teacher-coordinator in the student's3729
high school, and meets all other requirements of this chapter and3730
rules adopted pursuant to this chapter.3731

       (b) A child-care staff member shall be exempt from the3732
educational requirements of this division if the staff member:3733

       (i) Prior to January 1, 1972, was employed or designated by a 3734
child day-care center and has been continuously employed since3735
either by the same child day-care center employer or at the same3736
child day-care center; or3737

       (ii) Is a student enrolled in the second year of a vocational 3738
child-care training program approved by the state board of 3739
education which leads to high school graduation, provided that the 3740
student performs the student's duties in the child day-care center 3741
under the continuous supervision of an experienced child-care 3742
staff member, receives periodic supervision from the vocational 3743
child-care training program teacher-coordinator in the student's 3744
high school, and meets all other requirements of this chapter and 3745
rules adopted pursuant to this chapter.3746

       (6) Every child day-carecare staff member of a child 3747
day-care center annually shall complete fifteen hours of inservice3748
training in child development or early childhood education, child3749
abuse recognition and prevention, first aid, and in prevention,3750
recognition, and management of communicable diseases, until a3751
total of forty-five hours of training has been completed, unless3752
the staff member furnishes one of the following to the director:3753

       (a) Evidence of an associate or higher degree in child3754
development or early childhood education from an accredited3755
college, university, or technical college;3756

       (b) A license designated for teaching in an associate3757
teaching position in a preschool setting issued by the state board3758
of education;3759

       (c) Evidence of a child development associate credential;3760

       (d) Evidence of a preprimary credential from the American3761
Montessori society or the association Montessori international.3762
For the purposes of division (B)(6) of this section, "hour" means3763
sixty minutes.3764

       (7) The administrator of each child day-care center shall3765
prepare at least once annually and for each group of children at3766
the center a roster of names and telephone numbers of parents,3767
custodians, or guardians of each group of children attending the3768
center and upon request shall furnish the roster for each group to3769
the parents, custodians, or guardians of the children in that3770
group. The administrator may prepare a roster of names and3771
telephone numbers of all parents, custodians, or guardians of3772
children attending the center and upon request shall furnish the3773
roster to the parents, custodians, or guardians of the children3774
who attend the center. The administrator shall not include in any3775
roster the name or telephone number of any parent, custodian, or3776
guardian who requests the administrator not to include the3777
parent's, custodian's, or guardian's name or number and shall not3778
furnish any roster to any person other than a parent, custodian,3779
or guardian of a child who attends the center.3780

       (C)(1) Each child day-care center shall have on the center3781
premises and readily available at all times at least one3782
child-care staff member who has completed a course in first aid3783
and in prevention, recognition, and management of communicable3784
diseases which is approved by the state department of health and a3785
staff member who has completed a course in child abuse recognition3786
and prevention training which is approved by the department of job3787
and family services.3788

       (2) The administrator of each child day-care center shall3789
maintain enrollment, health, and attendance records for all3790
children attending the center and health and employment records3791
for all center employees. The records shall be confidential,3792
except as otherwise provided in division (B)(7) of this section3793
and except that they shall be disclosed by the administrator to3794
the director upon request for the purpose of administering and3795
enforcing this chapter and rules adopted pursuant to this chapter.3796
Neither the center nor the licensee, administrator, or employees3797
of the center shall be civilly or criminally liable in damages or3798
otherwise for records disclosed to the director by the3799
administrator pursuant to this division. It shall be a defense to3800
any civil or criminal charge based upon records disclosed by the3801
administrator to the director that the records were disclosed3802
pursuant to this division.3803

       (3)(a) Any parent who is the residential parent and legal3804
custodian of a child enrolled in a child day-care center and any3805
custodian or guardian of such a child shall be permitted unlimited3806
access to the center during its hours of operation for the3807
purposes of contacting their children, evaluating the care3808
provided by the center, evaluating the premises of the center, or3809
for other purposes approved by the director. A parent of a child3810
enrolled in a child day-care center who is not the child's3811
residential parent shall be permitted unlimited access to the3812
center during its hours of operation for those purposes under the3813
same terms and conditions under which the residential parent of3814
that child is permitted access to the center for those purposes.3815
However, the access of the parent who is not the residential3816
parent is subject to any agreement between the parents and, to the3817
extent described in division (C)(3)(b) of this section, is subject3818
to any terms and conditions limiting the right of access of the3819
parent who is not the residential parent, as described in division3820
(I) of section 3109.051 of the Revised Code, that are contained in3821
a parenting time order or decree issued under that section,3822
section 3109.12 of the Revised Code, or any other provision of the 3823
Revised Code.3824

       (b) If a parent who is the residential parent of a child has3825
presented the administrator or the administrator's designee with a3826
copy of a parenting time order that limits the terms and3827
conditions under which the parent who is not the residential3828
parent is to have access to the center, as described in division3829
(I) of section 3109.051 of the Revised Code, the parent who is not3830
the residential parent shall be provided access to the center only3831
to the extent authorized in the order. If the residential parent3832
has presented such an order, the parent who is not the residential3833
parent shall be permitted access to the center only in accordance3834
with the most recent order that has been presented to the3835
administrator or the administrator's designee by the residential3836
parent or the parent who is not the residential parent.3837

       (c) Upon entering the premises pursuant to division (C)(3)(a) 3838
or (b) of this section, the parent who is the residential parent 3839
and legal custodian, the parent who is not the residential parent, 3840
or the custodian or guardian shall notify the administrator or the 3841
administrator's designee of the parent's, custodian's, or 3842
guardian's presence.3843

       (D) The director of job and family services, in addition to3844
the rules adopted under division (A) of this section, shall adopt3845
rules establishing minimum requirements for child day-care3846
centers. The rules shall include, but not be limited to, the3847
requirements set forth in divisions (B) and (C) of this section.3848
Except as provided in section 5104.07 of the Revised Code, the3849
rules shall not change the square footage requirements of division3850
(B)(1) or (2) of this section; the maximum number of children per3851
child-care staff member and maximum group size requirements of3852
division (B)(3) of this section; the educational and experience3853
requirements of division (B)(4) of this section; the age,3854
educational, and experience requirements of division (B)(5) of3855
this section; the number of inservice training hours required3856
under division (B)(6) of this section; or the requirement for at3857
least annual preparation of a roster for each group of children of3858
names and telephone numbers of parents, custodians, or guardians3859
of each group of children attending the center that must be3860
furnished upon request to any parent, custodian, or guardian of3861
any child in that group required under division (B)(7) of this3862
section; however, the rules shall provide procedures for3863
determining compliance with those requirements.3864

       (E)(1) When age groups are combined, the maximum number of3865
children per child-care staff member shall be determined by the3866
age of the youngest child in the group, except that when no more3867
than one child thirty months of age or older receives services in3868
a group in which all the other children are in the next older age3869
group, the maximum number of children per child-care staff member3870
and maximum group size requirements of the older age group3871
established under division (B)(3) of this section shall apply.3872

       (2) The maximum number of toddlers or preschool children per3873
child-care staff member in a room where children are napping shall3874
be twice the maximum number of children per child-care staff3875
member established under division (B)(3) of this section if all3876
the following criteria are met:3877

       (a) At least one child-care staff member is present in the3878
room.3879

       (b) Sufficient child-care staff members are on the child3880
day-care center premises to meet the maximum number of children3881
per child-care staff member requirements established under3882
division (B)(3) of this section.3883

       (c) Naptime preparations are complete and all napping3884
children are resting or sleeping on cots.3885

       (d) The maximum number established under division (E)(2) of3886
this section is in effect for no more than one and one-half hours3887
during a twenty-four-hour day.3888

       (F) The director of job and family services shall adopt rules3889
pursuant to Chapter 119. of the Revised Code governing the3890
operation of type A family day-care homes, including, but not3891
limited to, parent cooperative type A homes, part-time type A3892
homes, drop-in type A homes, and school child type A homes, which3893
shall reflect the various forms of child day-carecare and the 3894
needs of children receiving child day-carecare. The rules shall 3895
include the following:3896

       (1) Submission of a site plan and descriptive plan of3897
operation to demonstrate how the type A home proposes to meet the3898
requirements of this chapter and rules adopted pursuant to this3899
chapter for the initial license application;3900

       (2) Standards for ensuring that the physical surroundings of3901
the type A home are safe and sanitary, including, but not limited3902
to, the physical environment, the physical plant, and the3903
equipment of the type A home;3904

       (3) Standards for the supervision, care, and discipline of3905
children receiving child day-carecare or publicly funded child3906
day-carecare in the type A home;3907

       (4) Standards for a program of activities, and for play3908
equipment, materials, and supplies, to enhance the development of3909
each child; however, any educational curricula, philosophies, and3910
methodologies that are developmentally appropriate and that3911
enhance the social, emotional, intellectual, and physical3912
development of each child shall be permissible;3913

       (5) Admissions policies and procedures, health care policies3914
and procedures, including, but not limited to, procedures for the3915
isolation of children with communicable diseases, first aid and3916
emergency procedures, procedures for discipline and supervision of3917
children, standards for the provision of nutritious meals and3918
snacks, and procedures for screening children and employees,3919
including, but not limited to, any necessary physical examinations3920
and immunizations;3921

       (6) Methods for encouraging parental participation in the3922
type A home and methods for ensuring that the rights of children,3923
parents, and employees are protected and that the responsibilities3924
of parents and employees are met;3925

       (7) Procedures for ensuring the safety and adequate3926
supervision of children traveling off the premises of the type A3927
home while under the care of a type A home employee;3928

       (8) Procedures for record keeping, organization, and3929
administration;3930

       (9) Procedures for issuing, renewing, denying, and revoking a 3931
license that are not otherwise provided for in Chapter 119. of the 3932
Revised Code;3933

       (10) Inspection procedures;3934

       (11) Procedures and standards for setting initial and renewal 3935
license application fees;3936

       (12) Procedures for receiving, recording, and responding to3937
complaints about type A homes;3938

       (13) Procedures for enforcing section 5104.04 of the Revised3939
Code;3940

       (14) A standard requiring the inclusion, on or after July 1,3941
1987, of a current department of job and family services toll-free3942
telephone number on each type A home provisional license or3943
license which any person may use to report a suspected violation3944
by the type A home of this chapter or rules adopted pursuant this3945
chapter;3946

       (15) Requirements for the training of administrators and3947
child-care staff members in first aid, in prevention, recognition,3948
and management of communicable diseases, and in child abuse3949
recognition and prevention;3950

       (16) Procedures to be used by licensees for checking the3951
references of potential employees of type A homes and procedures3952
to be used by the director for checking the references of3953
applicants for licenses to operate type A homes;3954

       (17) Standards providing for the special needs of children3955
who are handicapped or who require treatment for health conditions3956
while the child is receiving child day-carecare or publicly 3957
funded child day-carecare in the type A home;3958

       (18) Standards for the maximum number of children per3959
child-care staff member;3960

       (19) Requirements for the amount of usable indoor floor space 3961
for each child;3962

       (20) Requirements for safe outdoor play space;3963

       (21) Qualifications and training requirements for3964
administrators and for child-care staff members;3965

       (22) Procedures for granting a parent who is the residential3966
parent and legal custodian, or a custodian or guardian access to3967
the type A home during its hours of operation;3968

       (23) Standards for the preparation and distribution of a3969
roster of parents, custodians, and guardians;3970

       (24) Any other procedures and standards necessary to carry3971
out this chapter.3972

       (G) The director of job and family services shall adopt rules3973
pursuant to Chapter 119. of the Revised Code governing the3974
certification of type B family day-care homes.3975

       (1) The rules shall include procedures, standards, and other3976
necessary provisions for granting limited certification to type B3977
family day-care homes that are operated by the following adult3978
providers:3979

       (a) Persons who provide child day-carecare for eligible 3980
children who are great-grandchildren, grandchildren, nieces, 3981
nephews, or siblings of the provider or for eligible children 3982
whose caretaker parent is a grandchild, child, niece, nephew, or 3983
sibling of the provider;3984

       (b) Persons who provide child day-carecare for eligible 3985
children all of whom are the children of the same caretaker 3986
parent.3987

       The rules shall require, and shall include procedures for the3988
director to ensure, that type B family day-care homes that receive3989
a limited certification provide child day-carecare to children in 3990
a safe and sanitary manner. With regard to providers who apply for3991
limited certification, a provider shall be granted a provisional3992
limited certification on signing a declaration under oath3993
attesting that the provider meets the standards for limited3994
certification. Such provisional limited certifications shall3995
remain in effect for no more than sixty calendar days and shall3996
entitle the provider to offer publicly funded child day-carecare3997
during the provisional period. Except as otherwise provided in3998
division (G)(1) of this section, section 5104.013 or 5104.09 of 3999
the Revised Code, or division (A)(2) of section 5104.11 of the 4000
Revised Code, prior to the expiration of the provisional limited 4001
certificate, a county department of job and family services shall 4002
inspect the home and shall grant limited certification to the 4003
provider if the provider meets the requirements of this division. 4004
Limited certificates remain valid for two years unless earlier 4005
revoked. Except as otherwise provided in division (G)(1) of this 4006
section, providers operating under limited certification shall be 4007
inspected annually.4008

       If a provider is a person described in division (G)(1)(a) of4009
this section or a person described in division (G)(1)(b) of this4010
section who is a friend of the caretaker parent, the provider and4011
the caretaker parent may verify in writing to the county4012
department of job and family services that minimum health and4013
safety requirements are being met in the home. IfExcept as 4014
otherwise provided in section 5104.013 or 5104.09 or in division 4015
(A)(2) of section 5104.11 of the Revised Code, if such4016
verification is provided, the county shall waive any inspection4017
and any criminal records check required by this chapter and grant4018
limited certification to the provider.4019

       (2) The rules shall provide for safeguarding the health,4020
safety, and welfare of children receiving child day-carecare or4021
publicly funded child day-carecare in a certified type B home and4022
shall include the following:4023

       (a) Standards for ensuring that the type B home and the4024
physical surroundings of the type B home are safe and sanitary,4025
including, but not limited to, physical environment, physical4026
plant, and equipment;4027

       (b) Standards for the supervision, care, and discipline of4028
children receiving child day-carecare or publicly funded child4029
day-carecare in the home;4030

       (c) Standards for a program of activities, and for play4031
equipment, materials, and supplies to enhance the development of4032
each child; however, any educational curricula, philosophies, and4033
methodologies that are developmentally appropriate and that4034
enhance the social, emotional, intellectual, and physical4035
development of each child shall be permissible;4036

       (d) Admission policies and procedures, health care, first aid 4037
and emergency procedures, procedures for the care of sick4038
children, procedures for discipline and supervision of children,4039
nutritional standards, and procedures for screening children and4040
authorized providers, including, but not limited to, any necessary4041
physical examinations and immunizations;4042

       (e) Methods of encouraging parental participation and4043
ensuring that the rights of children, parents, and authorized4044
providers are protected and the responsibilities of parents and4045
authorized providers are met;4046

       (f) Standards for the safe transport of children when under4047
the care of authorized providers;4048

       (g) Procedures for issuing, renewing, denying, refusing to4049
renew, or revoking certificates;4050

       (h) Procedures for the inspection of type B family day-care4051
homes that require, at a minimum, that each type B family day-care4052
home be inspected prior to certification to ensure that the home4053
is safe and sanitary;4054

       (i) Procedures for record keeping and evaluation;4055

       (j) Procedures for receiving, recording, and responding to4056
complaints;4057

       (k) Standards providing for the special needs of children who 4058
are handicapped or who receive treatment for health conditions4059
while the child is receiving child day-carecare or publicly 4060
funded child day-carecare in the type B home;4061

       (l) Requirements for the amount of usable indoor floor space4062
for each child;4063

       (m) Requirements for safe outdoor play space;4064

       (n) Qualification and training requirements for authorized4065
providers;4066

       (o) Procedures for granting a parent who is the residential4067
parent and legal custodian, or a custodian or guardian access to4068
the type B home during its hours of operation;4069

       (p) Any other procedures and standards necessary to carry out 4070
this chapter.4071

       (H) The director shall adopt rules pursuant to Chapter 119.4072
of the Revised Code governing the certification of in-home aides.4073
The rules shall include procedures, standards, and other necessary4074
provisions for granting limited certification to in-home aides who4075
provide child day-carecare for eligible children who are4076
great-grandchildren, grandchildren, nieces, nephews, or siblings4077
of the in-home aide or for eligible children whose caretaker4078
parent is a grandchild, child, niece, nephew, or sibling of the4079
in-home aide. The rules shall require, and shall include4080
procedures for the director to ensure, that in-home aides that4081
receive a limited certification provide child day-carecare to4082
children in a safe and sanitary manner. The rules shall provide4083
for safeguarding the health, safety, and welfare of children4084
receiving publicly funded child day-carecare in their own home 4085
and shall include the following:4086

       (1) Standards for ensuring that the child's home and the4087
physical surroundings of the child's home are safe and sanitary,4088
including, but not limited to, physical environment, physical4089
plant, and equipment;4090

       (2) Standards for the supervision, care, and discipline of4091
children receiving publicly funded child day-carecare in their 4092
own home;4093

       (3) Standards for a program of activities, and for play4094
equipment, materials, and supplies to enhance the development of4095
each child; however, any educational curricula, philosophies, and4096
methodologies that are developmentally appropriate and that4097
enhance the social, emotional, intellectual, and physical4098
development of each child shall be permissible;4099

       (4) Health care, first aid, and emergency procedures,4100
procedures for the care of sick children, procedures for4101
discipline and supervision of children, nutritional standards, and4102
procedures for screening children and in-home aides, including,4103
but not limited to, any necessary physical examinations and4104
immunizations;4105

       (5) Methods of encouraging parental participation and4106
ensuring that the rights of children, parents, and in-home aides4107
are protected and the responsibilities of parents and in-home4108
aides are met;4109

       (6) Standards for the safe transport of children when under4110
the care of in-home aides;4111

       (7) Procedures for issuing, renewing, denying, refusing to4112
renew, or revoking certificates;4113

       (8) Procedures for inspection of homes of children receiving4114
publicly funded child day-carecare in their own homes;4115

       (9) Procedures for record keeping and evaluation;4116

       (10) Procedures for receiving, recording, and responding to4117
complaints;4118

       (11) Qualifications and training requirements for in-home4119
aides;4120

       (12) Standards providing for the special needs of children4121
who are handicapped or who receive treatment for health conditions4122
while the child is receiving publicly funded child day-carecare4123
in the child's own home;4124

       (13) Any other procedures and standards necessary to carry4125
out this chapter.4126

       (I) To the extent that any rules adopted for the purposes of4127
this section require a health care professional to perform a4128
physical examination, the rules shall include as a health care4129
professional a physician assistant, a clinical nurse specialist, a4130
certified nurse practitioner, or a certified nurse-midwife.4131

       (J)(1) The director of job and family services shall do all 4132
of the following:4133

       (a) Send to each licensee notice of proposed rules governing 4134
the licensure of child day-care centers and type A homes;4135

       (b) Give public notice of hearings regarding the rules to 4136
each licensee at least thirty days prior to the date of the public4137
hearing, in accordance with section 119.03 of the Revised Code;4138

       (c) Prior toAt least thirty days before the effective date 4139
of a rule, provide, in either paper or electronic form, a copy of 4140
the adopted rule to each licensee.4141

       (2) The director shall do all of the following:4142

       (a) Send to each county director of job and family services a 4143
notice of proposed rules governing the certification of type B 4144
family homes and in-home aides that includes an internet web site 4145
address where the proposed rules can be viewed;4146

       (b) Give public notice of hearings regarding the proposed 4147
rules not less than thirty days in advance;4148

       (c) Provide to each county director of job and family 4149
services an electronic copy of each adopted rule at least 4150
forty-five days prior to the rule's effective date.4151

       (3) The county director of job and family services shall send4152
copies of proposed rules to each authorized provider and in-home4153
aide and shall give public notice of hearings regarding the rules4154
to each authorized provider and in-home aide at least thirty days4155
prior to the date of the public hearing, in accordance with4156
section 119.03 of the Revised Code. Prior toAt least thirty days 4157
before the effective date of a rule, the county director of job 4158
and family services shall provide, in either paper or electronic 4159
form, copies of the adopted rule to each authorized provider and4160
in-home aide.4161

       (4) Additional copies of proposed and adopted rules shall be4162
made available by the director of job and family services to the 4163
public on request at no charge.4164

       (5) The director of job and family services shall recommend 4165
standards for imposing sanctions on persons and entities that are 4166
licensed or certified under this chapter and that violate any 4167
provision of this chapter. The standards shall be based on the 4168
scope and severity of the violations. The director shall provide 4169
copies of the recommendations to the governor, the speaker and 4170
minority leader of the house of representatives, and the president 4171
and minority leader of the senate and, on request, shall make 4172
copies available to the public.4173

       (6) The director of job and family services shall adopt rules 4174
pursuant to Chapter 119. of the Revised Code that establish 4175
standards for the training of individuals whom any county 4176
department of job and family services employs, with whom any 4177
county department of job and family services contracts, or with 4178
whom the director of job and family services contracts, to inspect 4179
or investigate type B family day-care homes pursuant to section 4180
5104.11 of the Revised Code. The department shall provide training 4181
in accordance with those standards for individuals in the 4182
categories described in this division.4183

       (K) The director of job and family services shall review all4184
rules adopted pursuant to this chapter at least once every seven4185
years.4186

       (L) Notwithstanding any provision of the Revised Code, the4187
director of job and family services shall not regulate in any way4188
under this chapter or rules adopted pursuant to this chapter,4189
instruction in religious or moral doctrines, beliefs, or values.4190

       Sec. 5104.013.  (A)(1) The director of job and family4191
services, as part of the process of licensure of child day-care4192
centers and type A family day-care homes, shall request the4193
superintendent of the bureau of criminal identification and4194
investigation to conduct a criminal records check with respect to4195
the following persons:4196

       (a) Any owner, licensee, or administrator of a child day-care 4197
center;4198

       (b) Any owner, licensee, or administrator of a type A family4199
day-care home and any person eighteen years of age or older who4200
resides in a type A family day-care home.4201

       (2) The director of a county department of job and family4202
services, as part of the process of certification of type B family4203
day-care homes, shall request the superintendent of the bureau of4204
criminal identification and investigation to conduct a criminal4205
records check with respect to any authorized provider of a4206
certified type B family day-care home and any person eighteen4207
years of age or older who resides in a certified type B family4208
day-care home.4209

       (3) If the owner, licensee, administrator, or person eighteen 4210
years of age or older who is the subject of a criminal records 4211
check pursuant to division (A)(1) of this section, or the 4212
authorized provider or person eighteen years of age or older who 4213
is the subject of a criminal records check pursuant to division 4214
(A)(2) of this section, does not present proof that the owner, 4215
licensee, administrator, authorized provider, or person has been a 4216
resident of this state for the five-year period immediately prior 4217
to the date upon which the criminal records check is requested or 4218
does not provide evidence that within that five-year period the 4219
superintendent of the bureau of criminal identification and 4220
investigation has requested information about the owner, licensee, 4221
administrator, authorized provider, or person from the federal 4222
bureau of investigation in a criminal records check, the director 4223
shall request that the superintendent obtain information from the 4224
federal bureau of investigation as a part of the criminal records 4225
check for the applicant. If the owner, licensee, administrator, 4226
authorized provider, or person presents proof that the owner, 4227
licensee, administrator, authorized provider, or person has been a 4228
resident of this state for that five-year period, the director may 4229
request that the superintendent include information from the 4230
federal bureau of investigation in the criminal records check.4231

       (B) The director of job and family services or the director4232
of a county department of job and family services shall provide to4233
each person for whom a criminal records check is required under4234
this section a copy of the form prescribed pursuant to division4235
(C)(1) of section 109.572 of the Revised Code and a standard4236
impression sheet to obtain fingerprint impressions prescribed4237
pursuant to division (C)(2) of that section, obtain the completed4238
form and impression sheet from that person, and forward the4239
completed form and impression sheet to the superintendent of the4240
bureau of criminal identification and investigation.4241

       (C) A person who receives pursuant to division (B) of this4242
section a copy of the form and standard impression sheet described4243
in that division and who is requested to complete the form and4244
provide a set of fingerprint impressions shall complete the form4245
or provide all the information necessary to complete the form and4246
shall provide the impression sheet with the impressions of the4247
person's fingerprints. If the person, upon request, fails to4248
provide the information necessary to complete the form or fails to4249
provide impressions of the person's fingerprints, the director may4250
consider the failure as a reason to deny licensure or4251
certification.4252

       (D)(1) Except as provided in rules adopted under division (G)4253
of this section, the director of job and family services shall not4254
grant a license to a child day-care center or type A family4255
day-care home and a county director of job and family services4256
shall not certify a type B family day-care home if a person for4257
whom a criminal records check was required in connection with the4258
center or home previously has been convicted of or pleaded guilty4259
to any of the following:4260

       (1)(a) A violation of section 2903.01, 2903.02, 2903.03,4261
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,4262
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,4263
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,4264
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,4265
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,4266
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,4267
2925.06, or 3716.11 of the Revised Code, a violation of section4268
2905.04 as it existed prior to July 1, 1996, a violation of4269
section 2919.23 of the Revised Code that would have been a4270
violation of section 2905.04 of the Revised Code as it existed4271
prior to July 1, 1996, had the violation been committed prior to4272
that date, a violation of section 2925.11 of the Revised Code that4273
is not a minor drug possession offense, or felonious sexual4274
penetration in violation of former section 2907.12 of the Revised4275
Code;4276

       (2)(b) A violation of an existing or former law of this 4277
state, any other state, or the United States that is substantially4278
equivalent to any of the offenses or violations described in4279
division (D)(1)(a) of this section.4280

       (2) In addition to the prohibition described in division 4281
(D)(1) of this section, and except as provided in rules adopted 4282
under division (G) of this section, the director shall not grant a 4283
license to a child day-care center or type A family day-care home 4284
and a county director shall not certify a type B family day-care 4285
home if an owner, licensee, or administrator of a child day-care 4286
center or type A family day-care home or an authorized provider of 4287
a certified type B family day-care home previously has been 4288
convicted of or pleaded guilty to any of the following:4289

       (a) A violation of section 2913.02, 2913.03, 2913.04, 4290
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 4291
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 4292
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 4293
2921.13, or 2923.01 of the Revised Code, a violation of section 4294
2923.02 or 2923.03 of the Revised Code that relates to a crime 4295
specified in this division or division (D)(1) of this section, or 4296
a second violation of section 4511.19 of the Revised Code within 4297
five years of the date of application for licensure or 4298
certification.4299

       (b) A violation of an existing or former law of this state, 4300
any other state, or the United States that is substantially 4301
equivalent to any of the offenses or violations described in 4302
division (D)(2)(a) of this section.4303

       (E) Each child day-care center, type A family day-care home,4304
and type B family day-care home shall pay to the bureau of4305
criminal identification and investigation the fee prescribed4306
pursuant to division (C)(3) of section 109.572 of the Revised Code4307
for each criminal records check conducted in accordance with that4308
section upon a request made pursuant to division (A) of this4309
section.4310

       (F) The report of any criminal records check conducted by the 4311
bureau of criminal identification and investigation in accordance 4312
with section 109.572 of the Revised Code and pursuant to a request 4313
made under division (A) of this section is not a public record for 4314
the purposes of section 149.43 of the Revised Code and shall not 4315
be made available to any person other than the person who is the 4316
subject of the criminal records check or the person's 4317
representative, the director of job and family services, the 4318
director of a county department of job and family services, the 4319
center, type A home, or type B home involved, and any court,4320
hearing officer, or other necessary individual involved in a case4321
dealing with a denial of licensure or certification related to the4322
criminal records check.4323

       (G) The director of job and family services shall adopt rules4324
pursuant to Chapter 119. of the Revised Code to implement this4325
section, including rules specifying exceptions to the prohibition4326
in division (D) of this section for persons who have been4327
convicted of an offense listed in that division but who meet4328
standards in regard to rehabilitation set by the department.4329

       (H) As used in this section:4330

       (1) "Criminal records check" has the same meaning as in4331
section 109.572 of the Revised Code.4332

       (2) "Minor drug possession offense" has the same meaning as4333
in section 2925.01 of the Revised Code.4334

       Sec. 5104.015.  (A) Except as otherwise provided in division4335
(C) of this section, no child day-care center shall permit any4336
person to smoke in any indoor or outdoor space that is part of the4337
center.4338

       The administrator of a child day-care center shall post in a4339
conspicuous place at the main entrance of the center a notice4340
stating that smoking is prohibited in any indoor or outdoor space4341
that is part of the center, except under the conditions described4342
in division (C) of this section.4343

       (B) Except as otherwise provided in division (C) of this4344
section, no type A family day-care home or certified type B family4345
day-care home shall permit any person to smoke in any indoor or4346
outdoor space that is part of the home during the hours the home4347
is in operation. Smoking may be permitted during hours other than4348
the hours of operation if the administrator or authorized provider4349
of the home has provided to a parent, custodian, or guardian of4350
each child receiving child day-carecare at the home notice that4351
smoking occurs or may occur at the home when it is not in4352
operation.4353

       The administrator of a type A family day-care home or4354
authorized provider of a certified type B family day-care home4355
shall post in a conspicuous place at the main entrance of the home4356
a notice specifying the hours the home is in operation and stating4357
that smoking is prohibited during those hours in any indoor or4358
outdoor space that is part of the home, except under the4359
conditions described in division (C) of this section.4360

       (C) A child day-care center, type A family day-care home, or4361
certified type B family home may allow persons to smoke at the4362
center or home during its hours of operation if those persons4363
cannot be seen smoking by the children being cared for and if they4364
smoke in either of the following:4365

       (1) An indoor area that is separately ventilated from the4366
rest of the center or home;4367

       (2) An outdoor area that is so far removed from the children4368
being cared for that they cannot inhale any smoke.4369

       (D) The director of job and family services, in consultation4370
with the director of health, shall adopt rules in accordance with4371
Chapter 119. of the Revised Code to implement the requirements of4372
this section. These rules may prohibit smoking in a child day-care 4373
center, type A family day-care home, or certified type B family 4374
home if its design and structure do not allow persons to smoke 4375
under the conditions described in division (C) of this section or 4376
if repeated violations of division (A) or (B) of this section have 4377
occurred there.4378

       Sec. 5104.02.  (A) The director of job and family services is4379
responsible for the licensing of child day-care centers and type A 4380
family day-care homes, and for the enforcement of this chapter and 4381
of rules promulgated pursuant to this chapter. No person, firm, 4382
organization, institution, or agency shall operate, establish, 4383
manage, conduct, or maintain a child day-care center or type A 4384
family day-care home without a license issued under section4385
5104.03 of the Revised Code. The current license shall be posted4386
in a conspicuous place in the center or type A home that is4387
accessible to parents, custodians, or guardians and employees of4388
the center or type A home at all times when the center or type A4389
home is in operation.4390

       (B) A person, firm, institution, organization, or agency4391
operating any of the following programs is exempt from the4392
requirements of this chapter:4393

       (1) A program of child day-carecare that operates for two or4394
less consecutive weeks;4395

       (2) Child day-carecare in places of worship during religious4396
activities during which children are cared for while at least one4397
parent, guardian, or custodian of each child is participating in4398
such activities and is readily available;4399

       (3) Religious activities which do not provide child day-care4400
care;4401

       (4) Supervised training, instruction, or activities of4402
children in specific areas, including, but not limited to: art;4403
drama; dance; music; gymnastics, swimming, or another athletic4404
skill or sport; computers; or an educational subject conducted on4405
an organized or periodic basis no more than one day a week and for4406
no more than six hours duration;4407

       (5) Programs in which the director determines that at least4408
one parent, custodian, or guardian of each child is on the4409
premises of the facility offering child day-carecare and is 4410
readily accessible at all times, except that child day-carecare4411
provided on the premises at which a parent, custodian, or guardian 4412
is employed more than two and one-half hours a day shall be 4413
licensed in accordance with division (A) of this section;4414

       (6)(a) Programs that provide child day-carecare funded and4415
regulated or operated and regulated by state departments other4416
than the department of job and family services or the state board4417
of education when the director of job and family services has4418
determined that the rules governing the program are equivalent to4419
or exceed the rules promulgated pursuant to this chapter.4420

       Notwithstanding any exemption from regulation under this4421
chapter, each state department shall submit to the director of job4422
and family services a copy of the rules that govern programs that4423
provide child day-carecare and are regulated or operated and4424
regulated by the department. Annually, each state department shall 4425
submit to the director a report for each such program it regulates 4426
or operates and regulates that includes the following information:4427

       (i) The site location of the program;4428

       (ii) The maximum number of infants, toddlers, preschool4429
children, or school children served by the program at one time;4430

       (iii) The number of adults providing child day-carecare for4431
the number of infants, toddlers, preschool children, or school4432
children;4433

       (iv) Any changes in the rules made subsequent to the time4434
when the rules were initially submitted to the director.4435

       The director shall maintain a record of the child day-care4436
care information submitted by other state departments and shall4437
provide this information upon request to the general assembly or4438
the public.4439

       (b) Child day-carecare programs conducted by boards of4440
education or by chartered nonpublic schools that are conducted in4441
school buildings and that provide child day-carecare to school4442
children only shall be exempt from meeting or exceeding rules4443
promulgated pursuant to this chapter.4444

       (7) Any preschool program or school child program, except a 4445
head start program, that is subject to licensure by the department 4446
of education under sections 3301.52 to 3301.59 of the Revised 4447
Code.4448

       (8) Any program providing child day-carecare that meets all 4449
of the following requirements and, on October 20, 1987, was being4450
operated by a nonpublic school that holds a charter issued by the4451
state board of education for kindergarten only:4452

       (a) The nonpublic school has given the notice to the state4453
board and the director of job and family services required by4454
Section 4 of Substitute House Bill No. 253 of the 117th general4455
assembly;4456

       (b) The nonpublic school continues to be chartered by the4457
state board for kindergarten, or receives and continues to hold a4458
charter from the state board for kindergarten through grade five;4459

       (c) The program is conducted in a school building;4460

       (d) The program is operated in accordance with rules4461
promulgated by the state board under sections 3301.52 to 3301.574462
of the Revised Code.4463

       (9) A youth development program operated outside of school4464
hours by a community-based center to which all of the following4465
apply:4466

       (a) The children enrolled in the program are under nineteen4467
years of age and enrolled in or eligible to be enrolled in a grade4468
of kindergarten or above.4469

       (b) The program provides informal child care and at least two 4470
of the following supervised activities: educational, recreational, 4471
culturally enriching, social, and personal development activities.4472

       (c) The state board of education has approved the program's4473
participation in the child and adult care food program as an4474
outside-school-hours care center pursuant to standards established4475
under section 3313.813 of the Revised Code.4476

       (d) The community-based center operating the program is4477
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)4478
and (c)(3).4479

       Sec. 5104.03.  (A) Any person, firm, organization,4480
institution, or agency desiring to establish a child day-care4481
center or type A family day-care home shall apply for a license to4482
the director of job and family services on such form as the4483
director prescribes. The director shall provide at no charge to4484
each applicant for licensure a copy of the day-carechild care4485
license requirements in Chapter 5104. of the Revised Code and of 4486
the rules adopted pursuant to Chapter 5104. of the Revised Code. 4487
The director shall mail application forms for renewal of license4488
at least one hundred twenty days prior to the date of expiration4489
of the license, and the application for renewal shall be filed4490
with the director at least sixty days before the date of4491
expiration. Fees shall be set by the director pursuant to section 4492
5104.011 of the Revised Code and shall be paid at the time of 4493
application for or renewal of a license to operate a center or 4494
type A home. Fees collected under this section shall be paid into 4495
the state treasury to the credit of the general revenue fund.4496

       (B) Upon filing of the application for a license, the4497
director shall investigate and inspect the center or type A home4498
to determine the license capacity for each age category of4499
children of the center or type A home and to determine whether the4500
center or type A home complies with Chapter 5104. of the Revised4501
Code and rules adopted pursuant to Chapter 5104. of the Revised4502
Code. When, after investigation and inspection, the director is4503
satisfied that Chapter 5104. of the Revised Code and rules adopted4504
pursuant to Chapter 5104. of the Revised Code are complied with, 4505
subject to division (G) of this section, a provisional license 4506
shall be issued as soon as practicable in such form and manner as 4507
prescribed by the director. The provisional license shall be valid 4508
for six months from the date of issuance unless revoked.4509

       (C) The director shall investigate and inspect the center or4510
type A home at least once during operation under the provisional4511
license. If after the investigation and inspection the director4512
determines that the requirements of Chapter 5104. of the Revised4513
Code and rules adopted pursuant to Chapter 5104. of the Revised4514
Code are met, subject to division (G) of this section, the 4515
director shall issue a license to be effective for two years from 4516
the date of issuance of the provisional license.4517

       (D) Upon the filing of an application for renewal of a4518
license by the center or type A home, the director shall4519
investigate and inspect the center or type A home. If the director 4520
determines that the requirements of Chapter 5104. and rules 4521
adopted pursuant to Chapter 5104. of the Revised Code are met, 4522
subject to division (G) of this section, the director shall renew 4523
the license to be effective for two years from the expiration date 4524
of the previous license.4525

       (E) The license or provisional license shall state the name4526
of the licensee, the name of the administrator, the address of the4527
center or type A home, and the license capacity for each age4528
category of children. After July 1, 1987, the provisional license4529
or license shall include thereon, in accordance with section4530
5104.011 of the Revised Code, the toll-free telephone number to be4531
used by persons suspecting that the center or type A home has4532
violated a provision of Chapter 5104., or rules adopted pursuant4533
to Chapter 5104. of the Revised Code. A license or provisional4534
license is valid only for the licensee, administrator, address,4535
and license capacity for each age category of children designated4536
on the license. The license capacity specified on the license or4537
provisional license is the maximum number of children in each age4538
category that may be cared for in the center or type A home at one4539
time.4540

       The center or type A home licensee shall notify the director4541
when the administrator of the center or home changes. The director 4542
shall amend the current license or provisional license to reflect 4543
a change in an administrator, if the administrator meets the4544
requirements of Chapter 5104. of the Revised Code and rules4545
adopted pursuant to Chapter 5104. of the Revised Code, or a change4546
in license capacity for any age category of children as determined4547
by the director of job and family services.4548

       (F) If the director revokes a license or refuses to renew a4549
license to a center or a type A home, the director shall not issue4550
a license to the owner of the center or type A home within two4551
years from the date of the revocation of a license or refusal to4552
renew a license. If during the application for licensure or4553
renewal of licensure process the director determines that the4554
license of the owner has been revoked or renewal of licensure has4555
been denied, the investigation of the center or type A home shall4556
cease, and shall not constitute denial of the application. All4557
actions of the director with respect to licensing centers or type4558
A homes, renewing a license, refusal to license or renew a4559
license, and revocation of a license shall be in accordance with4560
Chapter 119. of the Revised Code. Any applicant who is denied a4561
license or any owner whose license is not renewed or is revoked4562
may appeal in accordance with section 119.12 of the Revised Code.4563

       (G) In no case shall the director issue a provisional license 4564
or license, or renew a license, under this section for a type A 4565
home or center if the director, based on documentation provided by 4566
the appropriate county department of job and family services, 4567
determines that the applicant previously had been certified as a 4568
type B family day-care home, that the county department revoked 4569
that certification, that the revocation was based on the 4570
applicant's refusal or inability to comply with the criteria for 4571
certification, and that the refusal or inability resulted in a 4572
risk to the health or safety of children.4573

       Sec. 5104.04.  (A) The department of job and family services4574
shall establish procedures to be followed in investigating,4575
inspecting, and licensing child day-care centers and type A family4576
day-care homes.4577

       (B)(1)(a) The department shall, at least twice during every4578
twelve-month period of operation of a center or type A home,4579
inspect the center or type A home. The department shall inspect a4580
part-time center or part-time type A home at least once during4581
every twelve-month period of operation. The department shall4582
provide a written inspection report to the licensee within a4583
reasonable time after each inspection. The licensee shall display4584
all written reports of inspections conducted during the current4585
licensing period in a conspicuous place in the center or type A4586
home.4587

       At least one inspection shall be unannounced and all4588
inspections may be unannounced. No person, firm, organization,4589
institution, or agency shall interfere with the inspection of a4590
center or type A home by any state or local official engaged in4591
performing duties required of the state or local official by4592
Chapter 5104. of the Revised Code or rules adopted pursuant to4593
Chapter 5104. of the Revised Code, including inspecting the center4594
or type A home, reviewing records, or interviewing licensees,4595
employees, children, or parents.4596

       (b) Upon receipt of any complaint that a center or type A 4597
home is out of compliance with the requirements of Chapter 5104. 4598
of the Revised Code or rules adopted pursuant to Chapter 5104. of 4599
the Revised Code, the department shall investigate and may inspect 4600
athe center or type A home, and both of the following apply:4601

       (i) If the complaint alleges that a child suffered physical 4602
harm while receiving child care at the center or home or that the 4603
noncompliance alleged in the complaint involved, resulted in, or 4604
poses a substantial risk of physical harm to a child receiving 4605
child care at the center or home, the department shall inspect the 4606
center or home.4607

       (ii) If division (B)(1)(b)(i) of this section does not apply 4608
regarding the complaint, the department may inspect the center or 4609
home.4610

       (c) Division (B)(1)(b) of this section does not limit, 4611
restrict, or negate any duty of the department to inspect a center 4612
or type A home that otherwise is imposed under this section, or 4613
any authority of the department to inspect a center or type A home 4614
that otherwise is granted under this section when the department 4615
believes the inspection is necessary and it is permitted under the 4616
grant.4617

       (2) If the department implements an instrument-based program4618
monitoring information system, it may use an indicator checklist4619
to comply with division (B)(1) of this section.4620

       (3) The department shall, at least once during every4621
twelve-month period of operation of a center or type A home,4622
collect information concerning the amounts charged by the center4623
or home for providing child day-carecare services for use in4624
establishing reimbursement ceilings and payment pursuant to 4625
section 5104.30 of the Revised Code.4626

       (C) In the event a licensed center or type A home is4627
determined to be out of compliance with the requirements of4628
Chapter 5104. of the Revised Code or rules adopted pursuant to4629
Chapter 5104. of the Revised Code, the department shall notify the4630
licensee of the center or type A home in writing regarding the4631
nature of the violation, what must be done to correct the4632
violation, and by what date the correction must be made. If the4633
correction is not made by the date established by the department,4634
the department may commence action under Chapter 119. of the4635
Revised Code to revoke the license.4636

       (D) The department may deny or revoke a license, or refuse to 4637
renew a license of a center or type A home, if the applicant4638
knowingly makes a false statement on the application, does not4639
comply with the requirements of Chapter 5104. or rules adopted4640
pursuant to Chapter 5104. of the Revised Code, or has pleaded4641
guilty to or been convicted of an offense described in section4642
5104.09 of the Revised Code.4643

       (E) If the department finds, after notice and hearing4644
pursuant to Chapter 119. of the Revised Code, that any person,4645
firm, organization, institution, or agency licensed under section4646
5104.03 of the Revised Code is in violation of any provision of4647
Chapter 5104. of the Revised Code or rules adopted pursuant to4648
Chapter 5104. of the Revised Code, the department may issue an4649
order of revocation to the center or type A home revoking the4650
license previously issued by the department. Upon the issuance of4651
any order of revocation, the person whose license is revoked may4652
appeal in accordance with section 119.12 of the Revised Code.4653

       (F) The surrender of a center or type A home license to the4654
department or the withdrawal of an application for licensure by4655
the owner or administrator of the center or type A home shall not4656
prohibit the department from instituting any of the actions set4657
forth in this section.4658

       (G) Whenever the department receives a complaint, is advised, 4659
or otherwise has any reason to believe that a center or type A 4660
home is providing child day-carecare without a license issued or 4661
renewed pursuant to section 5104.03 and is not exempt from4662
licensing pursuant to section 5104.02 of the Revised Code, the4663
department shall investigate the center or type A home and may4664
inspect the areas children have access to or areas necessary for4665
the care of children in the center or type A home during suspected4666
hours of operation to determine whether the center or type A home4667
is subject to the requirements of Chapter 5104. or rules adopted4668
pursuant to Chapter 5104. of the Revised Code.4669

       (H) The department, upon determining that the center or type4670
A home is operating without a license, shall notify the attorney4671
general, the prosecuting attorney of the county in which the4672
center or type A home is located, or the city attorney, village4673
solicitor, or other chief legal officer of the municipal4674
corporation in which the center or type A home is located, that4675
the center or type A home is operating without a license. Upon4676
receipt of the notification, the attorney general, prosecuting4677
attorney, city attorney, village solicitor, or other chief legal4678
officer of a municipal corporation shall file a complaint in the4679
court of common pleas of the county in which the center or type A4680
home is located requesting that the court grant an order enjoining4681
the owner from operating the center or type A home in violation of 4682
section 5104.02 of the Revised Code. The court shall grant such 4683
injunctive relief upon a showing that the respondent named in the 4684
complaint is operating a center or type A home and is doing so 4685
without a license.4686

       (I) The department shall prepare an annual report on4687
inspections conducted under this section. The report shall include 4688
the number of inspections conducted, the number and types of 4689
violations found, and the steps taken to address the violations. 4690
The department shall file the report with the governor, the 4691
president and minority leader of the senate, and the speaker and 4692
minority leader of the house of representatives on or before the 4693
first day of January of each year, beginning in 1999.4694

       Sec. 5104.053.  As a precondition of approval by the state 4695
board of education pursuant to section 3313.813 of the Revised 4696
Code for receipt of United States department of agriculture child 4697
and adult care food program funds established under the "National 4698
School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751, as 4699
amended, the provider of child day-carecare in a type B family 4700
day-care home that is not certified by the county director of 4701
human services shall request an inspection of the type B home by 4702
the fire marshal, who shall inspect the type B home pursuant to 4703
section 3737.22 of the Revised Code to determine that it is in4704
compliance with rules established pursuant to section 5104.052 of 4705
the Revised Code for certified type B homes.4706

       Sec. 5104.06.  (A) The director of job and family services4707
shall provide consultation, technical assistance, and training to4708
child day-care centers and type A family day-care homes to improve4709
programs and facilities providing child day-carecare including, 4710
but not limited to, assistance in meeting the requirements of4711
Chapter 5104. and rules adopted pursuant to Chapter 5104. of the4712
Revised Code and shall furnish information regarding child abuse4713
identification and reporting of child abuse.4714

       (B) The director of job and family services shall provide4715
consultation and technical assistance to county departments of job4716
and family services to assist the departments with the4717
implementation of certification of type B family day-care home4718
providers and in-home aides.4719

       Sec. 5104.07.  (A) The director of job and family services4720
may prescribe additional requirements for licensing child day-care4721
centers or type A family day-care homes that provide publicly4722
funded child day-carecare pursuant to this chapter and any rules4723
adopted under it. The director shall develop standards as required 4724
by federal laws and regulations for day-carechild care programs4725
supported by federal funds.4726

       (B)(1) On or before February 28, 1992, the department of job4727
and family services shall develop a statewide plan for child4728
day-carecare resource and referral services. The plan shall be 4729
based upon the experiences of other states with respect to child4730
day-carecare resource and referral services, the experiences of4731
communities in this state that have child day-carecare resource 4732
and referral service organizations, and the needs of communities 4733
in this state that do not have child day-carecare resource and 4734
referral service organizations. The plan shall be designed to 4735
ensure that child day-carecare resource and referral services are 4736
available in each county in the state to families who need child 4737
day-carecare. The department shall consider the special needs of 4738
migrant workers when it develops the plan and shall include in the 4739
plan procedures designed to accommodate the needs of migrant 4740
workers.4741

       (2) The director of job and family services shall adopt rules 4742
for funding child day-carecare resource and referral service4743
organizations. The rules shall include all of the following:4744

       (a) A description of the services that a child day-carecare4745
resource and referral service organization is required to provide4746
to families who need child day-carecare;4747

       (b) The qualifications for a child day-carecare resource and4748
referral service organization;4749

       (c) A description of the procedures for providing federal and 4750
state funding for county or multicounty child day-carecare4751
resource and referral service organizations;4752

       (d) A timetable for providing child day-carecare resource 4753
and referral services to all communities in the state;4754

       (e) Uniform information gathering and reporting procedures4755
that are designed to be used in compatible computer systems;4756

       (f) Procedures for establishing statewide nonprofit technical 4757
assistance services to coordinate uniform data collection and to 4758
publish reports on child day-carecare supply, demand, and cost 4759
and to provide technical assistance to communities that do not 4760
have child day-carecare resource and referral service 4761
organizations and to existing child day-carecare resource and4762
referral service organizations;4763

       (g) Requirements governing contracts entered into under4764
division (C) of this section, which may include limits on the4765
percentage of funds distributed by the department that may be used4766
for the contracts.4767

       (C) Child day-carecare resource and referral service4768
organizations receiving funds distributed by the department may,4769
in accordance with rules adopted under division (B)(2) of this4770
section, enter into contracts with local governmental entities,4771
nonprofit organizations including nonprofit organizations that4772
provide child day-carecare, and individuals under which the 4773
entities, organizations, or individuals may provide child day-care4774
care resource and referral services in the community with those 4775
funds, if the contracts are submitted to and approved by the 4776
department prior to execution.4777

       Sec. 5104.08. (A) There is hereby created in the department 4778
of job and family services a day-carechild care advisory council 4779
to advise and assist the department in the administration of this 4780
chapter and in the development of child day-carecare. The council 4781
shall consist of eighteentwenty-two voting members appointed by 4782
the director of job and family services with the approval of the 4783
governor. The director of job and family services, the director of 4784
mental retardation and developmental disabilities, the director of 4785
mental health, the superintendent of public instruction, the4786
director of health, the director of commerce, and the state fire4787
marshal shall serve as nonvoting members of the council.4788

       Six members shall be representatives of child day-carecare4789
centers subject to licensing, the members to represent a variety4790
of centers, including nonprofit and proprietary, from different4791
geographical areas of the state. At least three members shall be4792
parents, guardians, or custodians of children in a head start4793
program or receiving child day-carecare or publicly funded child4794
day-carecare in the child's own home, a center, a type A home, a 4795
head start program, a certified type B home, or a type B home at 4796
the time of appointment. Three members shall be representatives of 4797
in-home aides, type A homes, certified type B homes, or type B 4798
homes or head start programs. At least twosix members shall 4799
represent county departments of job and family services. The 4800
remaining members shall be representatives of the teaching, child 4801
development, and health professions, and other individuals 4802
interested in the welfare of children. At least six members of the 4803
council shall not be employees or licensees of a child day-care 4804
center, head start program, or type A home, or providers operating 4805
a certified type B home or type B home, or in-home aides.4806

       Six of the original appointments shall be for one year, six4807
for two years, and six for three years, and subsequent4808
appointmentsAppointments shall be for three-year terms. Vacancies 4809
shall be filled for the unexpired terms. A member of the council 4810
is subject to removal by the director of job and family services 4811
for a willful and flagrant exercise of authority or power that is 4812
not authorized by law, for a refusal or willful neglect to perform 4813
any official duty as a member of the council imposed by law, or 4814
for being guilty of misfeasance, malfeasance, nonfeasance, or 4815
gross neglect of duty as a member of the council.4816

       There shall be two co-chairpersons of the council. One 4817
co-chairperson shall be the director of job and family services or 4818
the director's designee, and one co-chairperson shall be elected 4819
by the members of the council. The council shall meet as often as 4820
is necessary to perform its duties, provided that it shall meet at 4821
least once in each quarter of each calendar year and at the call 4822
of the co-chairpersons. The co-chairpersons or their designee 4823
shall send to each member a written notice of the date, time, and 4824
place of each meeting.4825

       Members of the council shall serve without compensation, but 4826
sh