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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 |
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), | 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), | 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), | 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 with | 374 |
an option or agreement to purchase, or constructed, including, but | 375 |
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 county | 380 |
or contracting authority, as defined in section 307.92 of the | 381 |
Revised Code, at a cost in excess of twenty-five thousand dollars, | 382 |
except as otherwise provided in division (D) of section 713.23 and | 383 |
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 through | 386 |
competitive bidding. However, competitive bidding is not required | 387 |
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 present | 390 |
emergency exists, and that determination and the reasons for it | 391 |
are entered in the minutes of the proceedings of the board, when | 392 |
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, radio | 395 |
communications equipment, or computers. | 396 |
For purposes of this division, "unanimous vote" means all | 397 |
three members of a board of county commissioners when all three | 398 |
members are present, or two members of the board if only two | 399 |
members, constituting a quorum, are present. | 400 |
Whenever a contract of purchase, lease, or construction is | 401 |
exempted from competitive bidding under division (A)(1) of this | 402 |
section because the estimated cost is less than fifty thousand | 403 |
dollars, but the estimated cost is twenty-five thousand dollars or | 404 |
more, the county or contracting authority shall solicit informal | 405 |
estimates from no fewer than three persons who could perform the | 406 |
contract, before awarding the contract. With regard to each such | 407 |
contract, the county or contracting authority shall maintain a | 408 |
record of such estimates, including the name of each person from | 409 |
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 or | 414 |
supplemental part or parts for a product or equipment owned or | 415 |
leased by the county, and the only source of supply for the | 416 |
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 a | 422 |
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 development | 426 |
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 and | 429 |
ancillary client services,
child | 430 |
services, residential services, and family resource services. | 431 |
(E) The purchase consists of criminal justice services, | 432 |
social services programs, family services, or workforce | 433 |
development activities by the board of county commissioners from | 434 |
nonprofit corporations or associations under programs funded by | 435 |
the federal government or by state grants. | 436 |
(F) The purchase consists of any form of an insurance policy | 437 |
or contract authorized to be issued under Title XXXIX of the | 438 |
Revised Code or any form of health care plan authorized to be | 439 |
issued under Chapter 1751. of the Revised Code, or any combination | 440 |
of such policies, contracts, or plans that the contracting | 441 |
authority is authorized to purchase, and the contracting authority | 442 |
does all of the following: | 443 |
(1) Determines that compliance with the requirements of this | 444 |
section would increase, rather than decrease, the cost of the | 445 |
purchase; | 446 |
(2) Employs a competent consultant to assist the contracting | 447 |
authority in procuring appropriate coverages at the best and | 448 |
lowest prices; | 449 |
(3) Requests issuers of the policies, contracts, or plans to | 450 |
submit proposals to the contracting authority, in a form | 451 |
prescribed by the contracting authority, setting forth the | 452 |
coverage and cost of the policies, contracts, or plans as the | 453 |
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, or | 458 |
consulting services that are necessary to implement a computerized | 459 |
case management automation project administered by the Ohio | 460 |
prosecuting attorneys association and funded by a grant from the | 461 |
federal government. | 462 |
(H) Child | 463 |
to county employees. | 464 |
(I)(1) Property, including land, buildings, and other real | 465 |
property, is leased for offices, storage, parking, or other | 466 |
purposes, and all of the following apply: | 467 |
(a) The contracting authority is authorized by the Revised | 468 |
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 from | 474 |
prospective lessors with property meeting the criteria specified | 475 |
in the requests for proposals by giving notice in a manner | 476 |
substantially similar to the procedures established for giving | 477 |
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 real | 484 |
estate appraiser to obtain advice, consultations, or other | 485 |
recommendations regarding the lease of property under this | 486 |
division. | 487 |
(J) The purchase is made pursuant to section 5139.34 or | 488 |
sections 5139.41 to 5139.46 of the Revised Code and is of programs | 489 |
or services that provide case management, treatment, or prevention | 490 |
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, day | 493 |
treatment, services to children in their home, or electronic | 494 |
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 in | 502 |
division (F) of this section and any prospective lessor under | 503 |
division (I) of this section may have the issuer's or prospective | 504 |
lessor's name and address, or the name and address of an agent, | 505 |
placed on a special notification list to be kept by the | 506 |
contracting authority, by sending the contracting authority that | 507 |
name and address. The contracting authority shall send notice to | 508 |
all persons listed on the special notification list. Notices shall | 509 |
state the deadline and place for submitting proposals. The | 510 |
contracting authority shall mail the notices at least six weeks | 511 |
prior to the deadline set by the contracting authority for | 512 |
submitting proposals. Every five years the contracting authority | 513 |
may review this list and remove any person from the list after | 514 |
mailing the person notification of that action. | 515 |
Any contracting authority that negotiates a contract under | 516 |
division (F) of this section shall request proposals and | 517 |
renegotiate with issuers in accordance with that division at least | 518 |
every three years from the date of the signing of such a contract. | 519 |
Any consultant employed pursuant to division (F) of this | 520 |
section and any real estate appraiser employed pursuant to | 521 |
division (I) of this section shall disclose any fees or | 522 |
compensation received from any source in connection with that | 523 |
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 provide | 552 |
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 the | 555 |
family services provided in the county, including groups or | 556 |
entities that represent any of the county's business, urban, and | 557 |
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 county | 561 |
commissioners with regard to the family services provided in the | 562 |
county, including assistance under Chapters 5107. and 5108. of the | 563 |
Revised
Code, publicly funded child
| 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' participants | 575 |
receive, including medical assistance under Chapter 5111. of the | 576 |
Revised Code, publicly funded
child | 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 family | 583 |
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 the | 586 |
Revised Code; | 587 |
(4) At the request of the board, make recommendations and | 588 |
provide assistance regarding the family services provided in the | 589 |
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 family | 606 |
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 is | 611 |
applicable that has jurisdiction under this chapter and Chapter | 612 |
2152. of the Revised Code: | 613 |
(a) The division of the court of common pleas specified in | 614 |
section 2101.022 or 2301.03 of the Revised Code as having | 615 |
jurisdiction under this chapter and Chapter 2152. of the Revised | 616 |
Code or as being the juvenile division or the juvenile division | 617 |
combined with one or more other divisions; | 618 |
(b) The juvenile court of Cuyahoga county or Hamilton county | 619 |
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 not | 623 |
apply, the probate division of the court of common pleas. | 624 |
(2) "Juvenile judge" means a judge of a court having | 625 |
jurisdiction under this chapter. | 626 |
(3) "Private child placing agency" means any association, as | 627 |
defined in section 5103.02 of the Revised Code, that is certified | 628 |
under section 5103.03 of the Revised Code to accept temporary, | 629 |
permanent, or legal custody of children and place the children for | 630 |
either foster care or adoption. | 631 |
(4) "Private noncustodial agency" means any person, | 632 |
organization, association, or society certified by the department | 633 |
of job and family services that does not accept temporary or | 634 |
permanent legal custody of children, that is privately operated in | 635 |
this state, and that does one or more of the following: | 636 |
(a) Receives and cares for children for two or more | 637 |
consecutive weeks; | 638 |
(b) Participates in the placement of children in certified | 639 |
foster homes; | 640 |
(c) Provides adoption services in conjunction with a public | 641 |
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 age | 650 |
or older. | 651 |
(3) "Agreement for temporary custody" means a voluntary | 652 |
agreement authorized by section 5103.15 of the Revised Code that | 653 |
transfers the temporary custody of a child to a public children | 654 |
services agency or a private child placing agency. | 655 |
(4) "Certified foster home" means a foster home, as defined | 656 |
in section 5103.02 of the Revised Code, certified under section | 657 |
5103.03 of the Revised Code. | 658 |
(5) "Child" means a person who is under eighteen years of | 659 |
age, except that the juvenile court has jurisdiction over any | 660 |
person who is adjudicated an unruly child prior to attaining | 661 |
eighteen years of age until the person attains twenty-one years of | 662 |
age, and, for purposes of that jurisdiction related to that | 663 |
adjudication, a person who is so adjudicated an unruly child shall | 664 |
be deemed a "child" until the person attains twenty-one years of | 665 |
age. | 666 |
(6) "Child day camp," "child | 667 |
center," "part-time child day-care center," "type A family | 668 |
day-care home," "certified type B family day-care home," "type B | 669 |
home," "administrator of a child day-care center," "administrator | 670 |
of a type A family day-care home," "in-home aide," and "authorized | 671 |
provider" have the same meanings as in section 5104.01 of the | 672 |
Revised Code. | 673 |
(7) "Child | 674 |
a child-care staff member or administrator of a child day-care | 675 |
center, a type A family day-care home, or a type B family day-care | 676 |
home, or an in-home aide or an individual who is licensed, is | 677 |
regulated, is approved, operates under the direction of, or | 678 |
otherwise is certified by the department of job and family | 679 |
services, department of mental retardation and developmental | 680 |
disabilities, or the early childhood programs of the department of | 681 |
education. | 682 |
(8) "Chronic truant" has the same meaning as in section | 683 |
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 public | 687 |
children services agency or shelter for victims of domestic | 688 |
violence to assist a child, a child's parents, and a child's | 689 |
siblings in alleviating identified problems that may cause or have | 690 |
caused the child to be an abused, neglected, or dependent child. | 691 |
(b) Psychiatric or psychological therapeutic counseling | 692 |
services provided to correct or alleviate any mental or emotional | 693 |
illness or disorder and performed by a licensed psychiatrist, | 694 |
licensed psychologist, or a person licensed under Chapter 4757. of | 695 |
the Revised Code to engage in social work or professional | 696 |
counseling. | 697 |
(11) "Custodian" means a person who has legal custody of a | 698 |
child or a public children services agency or private child | 699 |
placing agency that has permanent, temporary, or legal custody of | 700 |
a child. | 701 |
(12) "Delinquent child" has the same meaning as in section | 702 |
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 in | 708 |
section 5123.01 of the Revised Code. | 709 |
(15) "Foster caregiver" has the same meaning as in section | 710 |
5103.02 of the Revised Code. | 711 |
(16) "Guardian" means a person, association, or corporation | 712 |
that is granted authority by a probate court pursuant to Chapter | 713 |
2111. of the Revised Code to exercise parental rights over a child | 714 |
to the extent provided in the court's order and subject to the | 715 |
residual parental rights of the child's parents. | 716 |
(17) "Habitual truant" means any child of compulsory school | 717 |
age who is absent without legitimate excuse for absence from the | 718 |
public school the child is supposed to attend for five or more | 719 |
consecutive school days, seven or more school days in one school | 720 |
month, or twelve or more school days in a school year. | 721 |
(18) "Juvenile traffic offender" has the same meaning as in | 722 |
section 2152.02 of the Revised Code. | 723 |
(19) "Legal custody" means a legal status that vests in the | 724 |
custodian the right to have physical care and control of the child | 725 |
and to determine where and with whom the child shall live, and the | 726 |
right and duty to protect, train, and discipline the child and to | 727 |
provide the child with food, shelter, education, and medical care, | 728 |
all subject to any residual parental rights, privileges, and | 729 |
responsibilities. An individual granted legal custody shall | 730 |
exercise the rights and responsibilities personally unless | 731 |
otherwise authorized by any section of the Revised Code or by the | 732 |
court. | 733 |
(20) A "legitimate excuse for absence from the public school | 734 |
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 and | 737 |
is attending another public or nonpublic school in this or another | 738 |
state; | 739 |
(b) The fact that the child in question is excused from | 740 |
attendance at school for any of the reasons specified in section | 741 |
3321.04 of the Revised Code; | 742 |
(c) The fact that the child in question has received an age | 743 |
and schooling certificate in accordance with section 3331.01 of | 744 |
the Revised Code. | 745 |
(21) "Mental illness" and "mentally ill person subject to | 746 |
hospitalization by court order" have the same meanings as in | 747 |
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 or | 750 |
omission that is described in section 2919.22 of the Revised Code | 751 |
and is committed by the parent or other person responsible for the | 752 |
child's care. | 753 |
(23) "Mentally retarded person" has the same meaning as in | 754 |
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 not | 757 |
confine or prevent movement of the child within the facility or | 758 |
from the facility. | 759 |
(25) "Of compulsory school age" has the same meaning as in | 760 |
section 3321.01 of the Revised Code. | 761 |
(26) "Organization" means any institution, public, | 762 |
semipublic, or private, and any private association, society, or | 763 |
agency located or operating in the state, incorporated or | 764 |
unincorporated, having among its functions the furnishing of | 765 |
protective services or care for children, or the placement of | 766 |
children in certified foster homes or elsewhere. | 767 |
(27) "Out-of-home care" means detention facilities, shelter | 768 |
facilities, certified foster homes, placement in a prospective | 769 |
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 | 772 |
B family day-care home providers and by in-home aides, group home | 773 |
providers, group homes, institutions, state institutions, | 774 |
residential facilities, residential care facilities, residential | 775 |
camps, day camps, hospitals, and medical clinics that are | 776 |
responsible for the care, physical custody, or control of | 777 |
children. | 778 |
(28) "Out-of-home care child abuse" means any of the | 779 |
following when committed by a person responsible for the care of a | 780 |
child in out-of-home care: | 781 |
(a) Engaging in sexual activity with a child in the person's | 782 |
care; | 783 |
(b) Denial to a child, as a means of punishment, of proper or | 784 |
necessary subsistence, education, medical care, or other care | 785 |
necessary for a child's health; | 786 |
(c) Use of restraint procedures on a child that cause injury | 787 |
or pain; | 788 |
(d) Administration of prescription drugs or psychotropic | 789 |
medication to the child without the written approval and ongoing | 790 |
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-home | 793 |
care or commission of any act by accidental means that results in | 794 |
an injury to or death of a child in out-of-home care and that is | 795 |
at variance with the history given of the injury or death. | 796 |
(29) "Out-of-home care child neglect" means any of the | 797 |
following when committed by a person responsible for the care of a | 798 |
child in out-of-home care: | 799 |
(a) Failure to provide reasonable supervision according to | 800 |
the standards of care appropriate to the age, mental and physical | 801 |
condition, or other special needs of the child; | 802 |
(b) Failure to provide reasonable supervision according to | 803 |
the standards of care appropriate to the age, mental and physical | 804 |
condition, or other special needs of the child, that results in | 805 |
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 psychotropic | 808 |
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 the | 812 |
drug all unfavorable or dangerous side effects from the use of the | 813 |
drug. | 814 |
(d) Failure to provide proper or necessary subsistence, | 815 |
education, medical care, or other individualized care necessary | 816 |
for the health or well-being of the child; | 817 |
(e) Confinement of the child to a locked room without | 818 |
monitoring by staff; | 819 |
(f) Failure to provide ongoing security for all prescription | 820 |
and nonprescription medication; | 821 |
(g) Isolation of a child for a period of time when there is | 822 |
substantial risk that the isolation, if continued, will impair or | 823 |
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, and | 829 |
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 a | 832 |
voluntary agreement authorized by section 5103.15 of the Revised | 833 |
Code, to transfer the permanent custody of the child to a public | 834 |
children services agency or a private child placing agency. | 835 |
(32) "Person responsible for a child's care in out-of-home | 836 |
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 the | 839 |
following: a public or private detention facility; shelter | 840 |
facility; organization; certified organization; child day-care | 841 |
center; type A family day-care home; certified type B family | 842 |
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 with | 846 |
respect to, or has a similar relationship to, children. | 847 |
(33) "Physically impaired" means having one or more of the | 848 |
following conditions that substantially limit one or more of an | 849 |
individual's major life activities, including self-care, receptive | 850 |
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, rheumatic | 854 |
fever or any other similar chronic or acute health problem, or | 855 |
amputation or another similar cause. | 856 |
(34) "Placement for adoption" means the arrangement by a | 857 |
public children services agency or a private child placing agency | 858 |
with a person for the care and adoption by that person of a child | 859 |
of whom the agency has permanent custody. | 860 |
(35) "Placement in foster care" means the arrangement by a | 861 |
public children services agency or a private child placing agency | 862 |
for the out-of-home care of a child of whom the agency has | 863 |
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 public | 867 |
children services agency or a private child placing agency without | 868 |
the termination of parental rights. | 869 |
(b) The order permits the agency to make an appropriate | 870 |
placement of the child and to enter into a written agreement with | 871 |
a foster care provider or with another person or agency with whom | 872 |
the child is placed. | 873 |
(37) "Practice of social work" and "practice of professional | 874 |
counseling" have the same meanings as in section 4757.01 of the | 875 |
Revised Code. | 876 |
(38) "Sanction, service, or condition" means a sanction, | 877 |
service, or condition created by court order following an | 878 |
adjudication that a child is an unruly child that is described in | 879 |
division (A)(4) of section 2152.19 of the Revised Code. | 880 |
(39) "Protective supervision" means an order of disposition | 881 |
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, the | 885 |
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 section | 889 |
5122.01 of the Revised Code. | 890 |
(41) "Psychologist" has the same meaning as in section | 891 |
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 for | 894 |
recreational or recreational and educational purposes. | 895 |
(43) "Residential care facility" means an institution, | 896 |
residence, or facility that is licensed by the department of | 897 |
mental health under section 5119.22 of the Revised Code and that | 898 |
provides care for a child. | 899 |
(44) "Residential facility" means a home or facility that is | 900 |
licensed by the department of mental retardation and developmental | 901 |
disabilities under section 5123.19 of the Revised Code and in | 902 |
which a child with a developmental disability resides. | 903 |
(45) "Residual parental rights, privileges, and | 904 |
responsibilities" means those rights, privileges, and | 905 |
responsibilities remaining with the natural parent after the | 906 |
transfer of legal custody of the child, including, but not | 907 |
necessarily limited to, the privilege of reasonable visitation, | 908 |
consent to adoption, the privilege to determine the child's | 909 |
religious affiliation, and the responsibility for support. | 910 |
(46) "School day" means the school day established by the | 911 |
state board of education pursuant to section 3313.48 of the | 912 |
Revised Code. | 913 |
(47) "School month" and "school year" have the same meanings | 914 |
as in section 3313.62 of the Revised Code. | 915 |
(48) "Secure correctional facility" means a facility under | 916 |
the direction of the department of youth services that is designed | 917 |
to physically restrict the movement and activities of children and | 918 |
used for the placement of children after adjudication and | 919 |
disposition. | 920 |
(49) "Sexual activity" has the same meaning as in section | 921 |
2907.01 of the Revised Code. | 922 |
(50) "Shelter" means the temporary care of children in | 923 |
physically unrestricted facilities pending court adjudication or | 924 |
disposition. | 925 |
(51) "Shelter for victims of domestic violence" has the same | 926 |
meaning as in section 3113.33 of the Revised Code. | 927 |
(52) "Temporary custody" means legal custody of a child who | 928 |
is removed from the child's home, which custody may be terminated | 929 |
at any time at the discretion of the court or, if the legal | 930 |
custody is granted in an agreement for temporary custody, by the | 931 |
person who executed the agreement. | 932 |
(C) For the purposes of this chapter, a child shall be | 933 |
presumed abandoned when the parents of the child have failed to | 934 |
visit or maintain contact with the child for more than ninety | 935 |
days, regardless of whether the parents resume contact with the | 936 |
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 of | 13 |
the Revised Code: | 14 |
(A) "Child care," "child day-care center," "in-home | 15 |
aide," "type A family day-care home," and "type B family day-care | 16 |
home" have the same meanings as in section 5104.01 of the Revised | 17 |
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, or | 27 |
volunteer at, a child care facility; | 28 |
(2) An in-home aide; | 29 |
(3) A person who represents that the person provides child | 30 |
care. | 31 |
(E) "Peace officer" has the same meaning as in section | 32 |
2935.01 of the Revised Code. | 33 |
Sec. 2919.224. (A) No child care provider shall knowingly | 34 |
misrepresent any factor or condition that relates to the provision | 35 |
of child care and that substantially affects the health or | 36 |
safety of any child or children in that provider's facility or | 37 |
receiving child care from that provider to any of the | 38 |
following: | 39 |
(1) A parent, guardian, custodian, or other person | 40 |
responsible for the care of a child in the provider's facility or | 41 |
receiving child care from the provider; | 42 |
(2) A parent, guardian, custodian, or other person | 43 |
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 a | 46 |
license or certificate to provide child care; | 47 |
(4) A public official investigating or inquiring about the | 48 |
provision of child care by the provider; | 49 |
(5) A peace officer. | 50 |
(B) For the purposes of this section, "any factor or | 51 |
condition that relates to the provision of child care" | 52 |
includes, but is not limited to, the following: | 53 |
(1) The person or persons who will provide child care to | 54 |
the child of the parent, guardian, custodian, or other person | 55 |
responsible for the care of the child, or to the children in | 56 |
general; | 57 |
(2) The qualifications to provide child care of the child | 58 |
care provider, of a person employed by the provider, or of a | 59 |
person who provides child care as a volunteer; | 60 |
(3) The number of children to whom child care is provided | 61 |
at one time or the number of children receiving child care in | 62 |
the child care facility at one time; | 63 |
(4) The conditions or safety features of the child care | 64 |
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 guilty | 68 |
of misrepresentation by a child care provider, a misdemeanor | 69 |
of the first degree. | 70 |
Sec. 2919.225. (A) Subject to division (C) of this section, | 71 |
no owner, provider, or administrator of a 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 injuries | 83 |
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 of | 96 |
injuries suffered while under the care of the home or while | 97 |
receiving child day-care from the owner, provider, or | 98 |
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 death | 109 |
for which the notice is required, is receiving or is enrolled to | 110 |
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 the | 115 |
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 the | 128 |
injuries. If a child is hospitalized for more than twenty-four | 129 |
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 than | 137 |
one person to make disclosures to the same parent, guardian, | 138 |
custodian, or other person responsible for the care of a child | 139 |
regarding any single injury or death for which disclosure is | 140 |
required under that division. Division (B) of this section does | 141 |
not require more than one person to give notices to the same | 142 |
parent, guardian, custodian, other person responsible for the care | 143 |
of the child, public children services agency, peace officer, or | 144 |
child fatality review board regarding any single injury or death | 145 |
for which disclosure is required under division (B)(1) of this | 146 |
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 is | 152 |
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 accurately | 168 |
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 disclosure | 177 |
requirement contained in section 2919.225 of the Revised Code or | 178 |
for any purpose related to section 2919.224 of the Revised Code. | 179 |
(B) To be sufficient for the purposes described in division | 180 |
(A) of this section, a child care disclosure form shall be in | 181 |
substantially the following form: | 182 |
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 child | 200 |
care of: (a) the child care provider, (b) the employee who | 201 |
will provide child care to the applicant child, (c) the | 202 |
volunteer who will provide child care to the applicant child, | 203 |
and (d) any other employees or volunteers of the child care | 204 |
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 if | 224 |
necessary) | 225 |
226 | ||
227 | ||
228 |
5. Has a child died as a result of injuries suffered while | 229 |
under the care of, or receiving child care from, the child | 230 |
day-care provider? (Yes/No) | 231 |
Description/explanation (attach additional sheets if | 232 |
necessary) | 233 |
234 | ||
235 | ||
236 |
6. Within the preceding ten years, has a child suffered | 237 |
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 if | 241 |
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 the | 255 |
preceding document and have read and understood its contents. I | 256 |
further acknowledge that I am not relying on any other | 257 |
representations in selecting the child care provider unless | 258 |
the child care provider has acknowledged the other | 259 |
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 substantially | 274 |
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 a | 277 |
child and to whom disclosure is to be made under division (A) of | 278 |
section 2919.225 of the Revised Code, and obtains the person's | 279 |
signature on the acknowledgement in the form complies with the | 280 |
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 of | 1028 |
the Revised Code: | 1029 |
(A) "Application form" means the application form prescribed | 1030 |
pursuant to division (A)(1) of section 109.731 of the Revised Code | 1031 |
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) of | 1034 |
section 2923.125 of the Revised Code. | 1035 |
(C) "Detention facility" has the same meaning as in section | 1036 |
2921.01 of the Revised Code. | 1037 |
(D) "Licensee" means a person to whom a license to carry a | 1038 |
concealed handgun has been issued under section 2923.125 of the | 1039 |
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 for | 1044 |
a license to carry a concealed handgun or the fee to renew that | 1045 |
license that is prescribed pursuant to division (C) of section | 1046 |
109.731 of the Revised Code and that is to be paid by an applicant | 1047 |
for a license of that type. | 1048 |
(F) "Peace officer" has the same meaning as in section | 1049 |
2935.01 of the Revised Code. | 1050 |
(G) "State correctional institution" has the same meaning as | 1051 |
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 | 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 | 1072 |
the 121st | 1073 |
Sub. S.B. 160 of the 121st | 1074 |
Sub. H.B. 407 of the 123rd | 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, legal | 1079 |
separation, or annulment proceeding involves a child and if the | 1080 |
court has not issued a shared parenting decree, the court shall | 1081 |
consider any mediation report filed pursuant to section 3109.052 | 1082 |
of the Revised Code and, in accordance with division (C) of this | 1083 |
section, shall make a just and reasonable order or decree | 1084 |
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 the | 1091 |
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 dependent | 1108 |
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, legal | 1111 |
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 the | 1121 |
companionship or visitation rights is in the best interest of the | 1122 |
child. | 1123 |
(2) A motion may be filed under division (B)(1) of this | 1124 |
section during the pendency of the divorce, dissolution of | 1125 |
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 under | 1137 |
this section or section 3109.11 or 3109.12 of the Revised Code, | 1138 |
the court shall consider any mediation report that is filed | 1139 |
pursuant to section 3109.052 of the Revised Code and shall | 1140 |
consider all other relevant factors, including, but not limited | 1141 |
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 or | 1144 |
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 or | 1147 |
visitation matters under this section or under section 3109.11 or | 1148 |
3109.12 of the Revised Code, and resolving any issues related to | 1149 |
the making of any determination with respect to parenting time or | 1150 |
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. A | 1163 |
court, in considering the factors listed in division (D) of this | 1164 |
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 or | 1171 |
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 or | 1184 |
section 3109.11 or 3109.12 of the Revised Code, the court shall | 1185 |
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 requested | 1189 |
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's | 1195 |
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 is | 1205 |
not the residential parent or companionship or visitation by the | 1206 |
grandparent, relative, or other person who requested companionship | 1207 |
or visitation, as to a specific parenting time or visitation | 1208 |
schedule, or as to other parenting time or visitation matters, the | 1209 |
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 or | 1217 |
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 offense | 1232 |
involving any act that resulted in a child being an abused child | 1233 |
or a neglected child; whether the person, in a case in which a | 1234 |
child has been adjudicated an abused child or a neglected child, | 1235 |
previously has been determined to be the perpetrator of the | 1236 |
abusive or neglectful act that is the basis of the adjudication; | 1237 |
whether either parent previously has been convicted of or pleaded | 1238 |
guilty to a violation of section 2919.25 of the Revised Code | 1239 |
involving a victim who at the time of the commission of the | 1240 |
offense was a member of the family or household that is the | 1241 |
subject of the current proceeding; whether either parent | 1242 |
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 parents | 1250 |
subject to a shared parenting decree has continuously and | 1251 |
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 does | 1260 |
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 companionship | 1263 |
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 this | 1267 |
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 and | 1270 |
the parent or movant files a written request for findings of fact | 1271 |
and conclusions of law, the court shall state in writing its | 1272 |
findings of fact and conclusions of law in accordance with Civil | 1273 |
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 court | 1276 |
shall have discretion to deviate from its standard parenting time | 1277 |
guidelines based upon factors set forth in division (D) of this | 1278 |
section. | 1279 |
(G)(1) If the residential parent intends to move to a | 1280 |
residence other than the residence specified in the parenting time | 1281 |
order or decree of the court, the parent shall file a notice of | 1282 |
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 order | 1331 |
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 a | 1385 |
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 any | 1399 |
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 the | 1435 |
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 a | 1463 |
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 decree | 1470 |
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 court | 1476 |
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 time | 1480 |
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 the | 1495 |
Revised Code, when a court issues an order or decree allocating | 1496 |
parental rights and responsibilities for the care of a child, the | 1497 |
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 the | 1519 |
Revised Code, subsequent to the issuance of an order under | 1520 |
division (J)(1) of this section, all school officials and | 1521 |
employees shall permit the parent of the child who is not the | 1522 |
residential parent to have access to any student activity under | 1523 |
the same terms and conditions under which access is provided to | 1524 |
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 section | 1549 |
3109.12 of the Revised Code or companionship or visitation rights | 1550 |
issued pursuant to this section, section 3109.11 or 3109.12 of the | 1551 |
Revised Code, or any other provision of the Revised Code, the | 1552 |
court that makes the finding, in addition to any other penalty or | 1553 |
remedy imposed, shall assess all court costs arising out of the | 1554 |
contempt proceeding against the person and require the person to | 1555 |
pay any reasonable attorney's fees of any adverse party, as | 1556 |
determined by the court, that arose in relation to the act of | 1557 |
contempt, and may award reasonable compensatory parenting time or | 1558 |
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 visitation | 1562 |
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 enter | 1578 |
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 section | 1581 |
2151.031 of the Revised Code, and "neglected child" has the same | 1582 |
meaning as in section 2151.03 of the Revised Code. | 1583 |
(2) "Record" means any record, document, file, or other | 1584 |
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 child | 1588 |
1589 | |
publicly funded child | 1590 |
of the Revised Code, or pre-school services operated by or under | 1591 |
the supervision of a school district board of education or a | 1592 |
nonpublic school; | 1593 |
(c) Records maintained by hospitals, other facilities, or | 1594 |
persons providing medical or surgical care or treatment for the | 1595 |
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 may | 1605 |
establish a child abuse and child neglect prevention advisory | 1606 |
board or may designate the county family and children first | 1607 |
council to serve as the child abuse and child neglect prevention | 1608 |
advisory board. The boards of county commissioners of two or more | 1609 |
contiguous counties may instead form a multicounty district to be | 1610 |
served by a child abuse and child neglect prevention advisory | 1611 |
board or may designate a regional family and children first | 1612 |
council to serve as the district child abuse and child neglect | 1613 |
prevention advisory board. Each advisory board shall meet at least | 1614 |
twice a year. | 1615 |
(2) The county auditor is hereby designated as the auditor | 1616 |
and fiscal officer of the advisory board. In the case of a | 1617 |
multicounty district, the boards of county commissioners that | 1618 |
formed the district shall designate the auditor of one of the | 1619 |
counties as the auditor and fiscal officer of the advisory board. | 1620 |
(B) Each county that establishes an advisory board or, in a | 1621 |
multicounty district, the county the auditor of which has been | 1622 |
designated as the auditor and fiscal officer of the advisory | 1623 |
board, shall establish a fund in the county treasury known as the | 1624 |
county or district children's trust fund. The advisory board shall | 1625 |
deposit all funds received from the children's trust fund board | 1626 |
into that fund, and the auditor shall distribute money from the | 1627 |
fund at the request of the advisory board. | 1628 |
(C) Each January, the board of county commissioners of a | 1629 |
county that has established an advisory board or, in a multicounty | 1630 |
district, the board of county commissioners of the county the | 1631 |
auditor of which has been designated as the auditor and fiscal | 1632 |
officer for the advisory board, shall appropriate the amount | 1633 |
described in division (B)(2) of section 3109.17 of the Revised | 1634 |
Code for distribution by the advisory board to child abuse and | 1635 |
child neglect prevention programs. | 1636 |
(D)(1) Except in the case of a county or regional family and | 1637 |
children first council that is designated to serve as a child | 1638 |
abuse and child neglect prevention advisory board, each advisory | 1639 |
board shall consist of an odd number of members from both the | 1640 |
public and private sectors, including all of the following: | 1641 |
(a) A representative of an agency responsible for the | 1642 |
administration of children's services in the county or district; | 1643 |
(b) A provider of alcohol or drug addiction services or a | 1644 |
representative of a board of alcohol, drug addiction, and mental | 1645 |
health services that serves the county or district; | 1646 |
(c) A provider of mental health services or a representative | 1647 |
of a board of alcohol, drug addiction, and mental health services | 1648 |
that serves the county or district; | 1649 |
(d) A representative of a board of mental retardation and | 1650 |
developmental disabilities that serves the county or district; | 1651 |
(e) A representative of the educational community appointed | 1652 |
by the superintendent of the school district with largest | 1653 |
enrollment in the county or multicounty district. | 1654 |
(2) The following groups and entities may be represented on | 1655 |
the advisory board: | 1656 |
(a) Parent groups; | 1657 |
(b) Juvenile justice officials; | 1658 |
(c) Pediatricians, health department nurses, and other | 1659 |
representatives of the medical community; | 1660 |
(d) School personnel; | 1661 |
(e) Counselors and social workers; | 1662 |
(f) Head start agencies; | 1663 |
(g) Child | 1664 |
(h) Other persons with demonstrated knowledge in programs for | 1665 |
children. | 1666 |
(3) Of the members first appointed, at least one shall serve | 1667 |
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 member | 1669 |
shall serve a term of three years. Each member shall serve until | 1670 |
the member's successor is appointed. All vacancies on the board | 1671 |
shall be filled for the balance of the unexpired term in the same | 1672 |
manner as the original appointment. | 1673 |
(E) Each board of county commissioners may incur reasonable | 1674 |
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 advisory | 1678 |
board shall do all of the following: | 1679 |
(1) Develop a comprehensive allocation plan for the purpose | 1680 |
of preventing child abuse and child neglect and submit the plan to | 1681 |
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 potential | 1684 |
applicants about the availability of funds from the children's | 1685 |
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 division | 1694 |
(F)(1) of this section, make grants to child abuse and child | 1695 |
neglect prevention programs. In making grants to child abuse and | 1696 |
child neglect prevention programs, the advisory board may consider | 1697 |
factors such as need, geographic location, diversity, coordination | 1698 |
with or improvement of existing services, maintenance of local | 1699 |
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 prevention | 1702 |
advisory board shall not participate in the development of a | 1703 |
comprehensive allocation plan under division (F)(1) of this | 1704 |
section if it is reasonable to expect that the member's judgment | 1705 |
could be affected by the member's own financial, business, | 1706 |
property, or personal interest or other conflict of interest. For | 1707 |
purposes of this division, "conflict of interest" means the taking | 1708 |
of any action that violates any applicable provision of Chapter | 1709 |
102. or 2921. of the Revised Code. Questions relating to the | 1710 |
existence of a conflict of interest pertaining to Chapter 2921. of | 1711 |
the Revised Code shall be submitted by the advisory board to the | 1712 |
local prosecuting attorney for resolution. Questions relating to | 1713 |
the existence of a conflict of interest pertaining to Chapter 102. | 1714 |
of the Revised Code shall be submitted by the advisory board to | 1715 |
the Ohio ethics commission for resolution. | 1716 |
(H) Each advisory board shall assist the children's trust | 1717 |
fund board in monitoring programs that receive money from the | 1718 |
children's trust fund and shall perform such other duties for the | 1719 |
local administration of the children's trust fund as the | 1720 |
children's trust fund board requires. | 1721 |
(I) A recipient of a grant from the children's trust fund | 1722 |
shall use the grant funds only to fund primary and secondary child | 1723 |
abuse and child neglect prevention programs. Any grant funds that | 1724 |
are not spent by the recipient of the funds within the time | 1725 |
specified by the terms of the grant shall be returned to the | 1726 |
county treasurer. Any grant funds returned that are not | 1727 |
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 fund | 1734 |
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 from | 1737 |
an advisory board shall file with the advisory board a copy of an | 1738 |
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 trust | 1741 |
fund board a copy of an annual report regarding the county or | 1742 |
district comprehensive allocation plan that contains the | 1743 |
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 | 1748 |
is operated by a school district board of education or an eligible | 1749 |
nonpublic school. | 1750 |
(2) A child | 1751 |
three or older that is operated by a county MR/DD board. | 1752 |
(B) "Preschool child" or "child" means a child who has not | 1753 |
entered kindergarten and is not of compulsory school age. | 1754 |
(C) "Parent, guardian, or custodian" means the person or | 1755 |
government agency that is or will be responsible for a child's | 1756 |
school attendance under section 3321.01 of the Revised Code. | 1757 |
(D) "Superintendent" means the superintendent of a school | 1758 |
district or the chief administrative officer of an eligible | 1759 |
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 of | 1765 |
preschool children. | 1766 |
(G) "Nonteaching employee" means a preschool program or | 1767 |
school child program employee whose primary responsibilities are | 1768 |
duties other than care, teaching, and supervision of preschool | 1769 |
children or school children. | 1770 |
(H) "Eligible nonpublic school" means a nonpublic school | 1771 |
chartered as described in division (B)(8) of section 5104.02 of | 1772 |
the Revised Code or chartered by the state board of education for | 1773 |
any combination of grades one through twelve, regardless of | 1774 |
whether it also offers kindergarten. | 1775 |
(I) "County MR/DD board" means a county board of mental | 1776 |
retardation and developmental disabilities. | 1777 |
(J) "School child program" means a child | 1778 |
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 | 1782 |
meanings as in section 5104.01 of the Revised Code. | 1783 |
(L) "School child program staff member" means an employee | 1784 |
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 | 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 | 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 state | 1799 |
board of education, in consultation with the director of job and | 1800 |
family services, shall formulate and prescribe by rule adopted | 1801 |
under Chapter 119. of the Revised Code minimum standards to be | 1802 |
applied to preschool programs operated by school district boards | 1803 |
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 located | 1806 |
in a safe and convenient facility that accommodates the enrollment | 1807 |
of the program, is of the quality to support the growth and | 1808 |
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, and | 1811 |
programs will be administered according to established objectives | 1812 |
and procedures; | 1813 |
(3) Standards ensuring that preschool staff members and | 1814 |
nonteaching employees are recruited, employed, assigned, | 1815 |
evaluated, and provided inservice education without discrimination | 1816 |
on the basis of age, color, national origin, race, or sex; and | 1817 |
that preschool staff members and nonteaching employees are | 1818 |
assigned responsibilities in accordance with written position | 1819 |
descriptions commensurate with their training and experience; | 1820 |
(4) A requirement that boards of education intending to | 1821 |
establish a preschool program on or after March 17, 1989, | 1822 |
demonstrate a need for a preschool program that is not being met | 1823 |
by any existing program providing child | 1824 |
establishing the program; | 1825 |
(5) Requirements that children participating in preschool | 1826 |
programs have been immunized to the extent considered appropriate | 1827 |
by the state board to prevent the spread of communicable disease; | 1828 |
(6) Requirements that the parents of preschool children | 1829 |
complete the emergency medical authorization form specified in | 1830 |
section 3313.712 of the Revised Code. | 1831 |
(B) The state board of education in consultation with the | 1832 |
director of job and family services shall ensure that the rules | 1833 |
adopted by the state board under sections 3301.52 to 3301.58 of | 1834 |
the Revised Code are consistent with and meet or exceed the | 1835 |
requirements of Chapter 5104. of the Revised Code with regard to | 1836 |
child day-care centers. The state board and the director of job | 1837 |
and family services shall review all such rules at least once | 1838 |
every five years. | 1839 |
(C) On or before January 1, 1992, the state board of | 1840 |
education, in consultation with the director of job and family | 1841 |
services, shall adopt rules for school child programs that are | 1842 |
consistent with and meet or exceed the requirements of the rules | 1843 |
adopted for school child day-care centers under Chapter 5104. of | 1844 |
the Revised Code. | 1845 |
Sec. 3301.56. (A) The director of each preschool program | 1846 |
shall be responsible for the following: | 1847 |
(1) Ensuring that the health and safety of the children are | 1848 |
safeguarded by an organized program of school health services | 1849 |
designed to identify child health problems and to coordinate | 1850 |
school and community health resources for children, as evidenced | 1851 |
by but not limited to: | 1852 |
(a) Requiring immunization and compliance with emergency | 1853 |
medical authorization requirements in accordance with rules | 1854 |
adopted by the state board of education under section 3301.53 of | 1855 |
the Revised Code; | 1856 |
(b) Providing procedures for emergency situations, including | 1857 |
fire drills, rapid dismissals, and tornado drills in accordance | 1858 |
with section 3737.73 of the Revised Code, and keeping records of | 1859 |
such drills or dismissals; | 1860 |
(c) Posting emergency procedures in preschool rooms and | 1861 |
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 facilities | 1864 |
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, and | 1868 |
withdrawal according to established procedures; | 1869 |
(4) Preparing at least once annually for each group of | 1870 |
children in the program a roster of names and telephone numbers of | 1871 |
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 director | 1874 |
may prepare a similar roster of all children in the program and, | 1875 |
on request, make it available to the parents, guardians, and | 1876 |
custodians, of children in the program. The director shall not | 1877 |
include in either roster the name or telephone number of any | 1878 |
parent, guardian, or custodian who requests that
| 1879 |
guardian's, or custodian's name or number not be included, and | 1880 |
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 are | 1883 |
provided for the program; | 1884 |
(6) Supervising the instructional program and the daily | 1885 |
operation of the program; | 1886 |
(7) Supervising and evaluating preschool staff members | 1887 |
according to a planned sequence of observations and evaluation | 1888 |
conferences, and supervising nonteaching employees. | 1889 |
(B)(1) In each program the maximum number of children per | 1890 |
preschool staff member and the maximum group size by age category | 1891 |
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 of | 1905 |
children per preschool staff member shall be determined by the age | 1906 |
of the youngest child in the group, except that when no more than | 1907 |
one child thirty months of age or older receives child
| 1908 |
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 to | 1916 |
exceed one and one-half hours in any twenty-four hour day, be | 1917 |
twice the maximum number of children per preschool staff member | 1918 |
established under division (B)(1) of this section if all the | 1919 |
following criteria are met: | 1920 |
(a) At least one preschool staff member is present in the | 1921 |
room; | 1922 |
(b) Sufficient preschool staff members are present on the | 1923 |
preschool program premises to comply with division (B)(1) of this | 1924 |
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 of | 1931 |
communicable diseases which is approved by the state department of | 1932 |
health, and an employee who has completed a course in child abuse | 1933 |
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 the | 1936 |
school during its hours of operation to contact
| 1937 |
guardian's, or custodian's child, evaluate the care provided by | 1938 |
the program, or evaluate the premises, or for other purposes | 1939 |
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 any | 1942 |
state or federal funds specifically allocated for school child | 1943 |
programs unless the school child program is licensed by the | 1944 |
department of education pursuant to sections 3301.52 to 3301.59 of | 1945 |
the Revised Code or by the department of job and family services | 1946 |
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 child | 1949 |
program on July 22, 1991, and if the eligible nonpublic school | 1950 |
previously obtained a license for the program from the department | 1951 |
of job and family services pursuant to Chapter 5104. of the | 1952 |
Revised Code, the eligible nonpublic school shall do one of the | 1953 |
following: | 1954 |
(1) On or before the expiration date of the license, apply | 1955 |
pursuant to Chapter 5104. of the Revised Code to the department of | 1956 |
job and family services for a renewal of the license; | 1957 |
(2) On or before the expiration date of the license, apply | 1958 |
pursuant to sections 3301.52 to 3301.59 of the Revised Code to the | 1959 |
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 any | 1963 |
state or federal funds specifically allocated for school child | 1964 |
programs and not accept any state or federal funds for publicly | 1965 |
funded child | 1966 |
Revised Code. | 1967 |
(C) If an eligible nonpublic school is operating, managing, | 1968 |
conducting, or maintaining a preschool program or school child | 1969 |
program on July 22, 1991, and if the eligible nonpublic school | 1970 |
previously has not obtained a license for the program from the | 1971 |
department of job and family services pursuant to Chapter 5104. of | 1972 |
the Revised Code, the eligible nonpublic school shall do one of | 1973 |
the following: | 1974 |
(1) On July 22, 1991, apply pursuant to Chapter 5104. of the | 1975 |
Revised Code to the department of job and family services for a | 1976 |
license for the program; | 1977 |
(2) On July 22, 1991, apply pursuant to sections 3301.52 to | 1978 |
3301.59 of the Revised Code to the department of education for a | 1979 |
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 any | 1983 |
state or federal funds specifically allocated for school child | 1984 |
programs and not accept any state or federal funds for publicly | 1985 |
funded child | 1986 |
Revised Code. | 1987 |
(D)(1) If an eligible nonpublic school that operates, | 1988 |
manages, conducts, or maintains a preschool program or a school | 1989 |
child program elects pursuant to division (B)(1) of this section | 1990 |
to renew a license for the program that was issued by the | 1991 |
department of job and family services or elects pursuant to | 1992 |
division (C)(1) of this section to apply to the department of job | 1993 |
and family services for a license for the program, that preschool | 1994 |
program or school child program is subject to Chapter 5104. of the | 1995 |
Revised Code and to licensure under that chapter until the | 1996 |
eligible nonpublic school ceases to operate, manage, conduct, or | 1997 |
maintain the program. | 1998 |
(2) If an eligible nonpublic school that operates, manages, | 1999 |
conducts, or maintains a preschool program or a school child | 2000 |
program elects pursuant to division (B)(2) or (C)(2) of this | 2001 |
section to apply to the department of education for a license for | 2002 |
the program, that preschool program or school child program is | 2003 |
subject to sections 3301.52 to 3301.59 of the Revised Code and to | 2004 |
licensure under those sections until the eligible nonpublic school | 2005 |
ceases to operate, manage, conduct, or maintain the program. | 2006 |
(E) Not later than July 22, 1992, the departments of job and | 2007 |
family services and education shall each prepare a list of the | 2008 |
preschool programs and school child programs that are licensed by | 2009 |
the respective departments. | 2010 |
Sec. 3313.646. (A) The board of education of a school | 2011 |
district, except a cooperative education district established | 2012 |
pursuant to section 3311.521 of the Revised Code, may establish | 2013 |
and operate a preschool program except that no such program shall | 2014 |
be established after March 17, 1989, unless both of the following | 2015 |
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 the | 2036 |
following preschool providers to provide preschool programs, other | 2037 |
than programs for units described by divisions (B) and (C) of | 2038 |
section 3317.05 of the Revised Code, for children of the school | 2039 |
district: | 2040 |
(1) Any organization receiving funds under the "Head Start | 2041 |
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 | 2045 |
5104. of the Revised Code. | 2046 |
Boards may contract to provide preschool programs only with | 2047 |
such organizations whose staff meet the requirements of rules | 2048 |
adopted under section 3301.53 of the Revised Code or those of the | 2049 |
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 this | 2052 |
section may provide for the board of education to lease school | 2053 |
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 a | 2056 |
preschool program pursuant to this section shall keep an account | 2057 |
of all funds used to operate the program in the same manner as he | 2058 |
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 the | 2060 |
Revised Code: | 2061 |
(A) "Ohio school facilities commission" means the commission | 2062 |
created pursuant to section 3318.30 of the Revised Code. | 2063 |
(B) "Classroom facilities" means rooms in which pupils | 2064 |
regularly assemble in public school buildings to receive | 2065 |
instruction and education and such facilities and building | 2066 |
improvements for the operation and use of such rooms as may be | 2067 |
needed in order to provide a complete educational program, and may | 2068 |
include space within which a child | 2069 |
community resource center is housed. "Classroom facilities" | 2070 |
includes any space necessary for the operation of a vocational | 2071 |
education program for secondary students in any school district | 2072 |
that operates such a program. | 2073 |
(C) "Project" means a project to construct or acquire | 2074 |
classroom facilities, or to reconstruct or make additions to | 2075 |
existing classroom facilities, to be used for housing the | 2076 |
applicable school district and its functions. | 2077 |
(D) "School district" means a local, exempted village, or | 2078 |
city school district as such districts are defined in Chapter | 2079 |
3311. of the Revised Code, acting as an agency of state | 2080 |
government, performing essential governmental functions of state | 2081 |
government pursuant to sections 3318.01 and 3318.20 of the Revised | 2082 |
Code. | 2083 |
For purposes of assistance provided under sections 3318.40 to | 2084 |
3318.45 of the Revised Code, the term "school district" as used in | 2085 |
this section and in divisions (A), (C), and (D) of section 3318.03 | 2086 |
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 a | 2092 |
school district. | 2093 |
(F) "Net bonded indebtedness" means the difference between | 2094 |
the sum of the par value of all outstanding and unpaid bonds and | 2095 |
notes which a school district board is obligated to pay, any | 2096 |
amounts the school district is obligated to pay under | 2097 |
lease-purchase agreements entered into under section 3313.375 of | 2098 |
the Revised Code, and the par value of bonds authorized by the | 2099 |
electors but not yet issued, the proceeds of which can lawfully be | 2100 |
used for the project, and the amount held in the sinking fund and | 2101 |
other indebtedness retirement funds for their redemption. Notes | 2102 |
issued for school buses in accordance with section 3327.08 of the | 2103 |
Revised Code, notes issued in anticipation of the collection of | 2104 |
current revenues, and bonds issued to pay final judgments shall | 2105 |
not be considered in calculating the net bonded indebtedness. | 2106 |
"Net bonded indebtedness" does not include indebtedness | 2107 |
arising from the acquisition of land to provide a site for | 2108 |
classroom facilities constructed, acquired, or added to pursuant | 2109 |
to sections 3318.01 to 3318.20 of the Revised Code. | 2110 |
(G) "Board of elections" means the board of elections of the | 2111 |
county containing the most populous portion of the school | 2112 |
district. | 2113 |
(H) "County auditor" means the auditor of the county in which | 2114 |
the greatest value of taxable property of such school district is | 2115 |
located. | 2116 |
(I) "Tax duplicates" means the general tax lists and | 2117 |
duplicates prescribed by sections 319.28 and 319.29 of the Revised | 2118 |
Code. | 2119 |
(J) "Required level of indebtedness" means: | 2120 |
(1) In the case of districts in the first percentile, five | 2121 |
per cent of the district's valuation for the year preceding the | 2122 |
year in which the controlling board approved the project under | 2123 |
section 3318.04 of the Revised Code. | 2124 |
(2) In the case of districts ranked in a subsequent | 2125 |
percentile, five per cent of the district's valuation for the year | 2126 |
preceding the year in which the controlling board approved the | 2127 |
project under section 3318.04 of the Revised Code, plus [two | 2128 |
one-hundredths of one per cent multiplied by (the percentile in | 2129 |
which the district ranks for the fiscal year preceding the fiscal | 2130 |
year in which the controlling board approved the district's | 2131 |
project minus one)]. | 2132 |
(K) "Required percentage of the basic project costs" means | 2133 |
one per cent of the basic project costs times the percentile in | 2134 |
which the district ranks for the fiscal year preceding the fiscal | 2135 |
year in which the controlling board approved the district's | 2136 |
project. | 2137 |
(L) "Basic project cost" means a cost amount determined in | 2138 |
accordance with rules adopted under section 111.15 of the Revised | 2139 |
Code by the Ohio school facilities commission. The basic project | 2140 |
cost calculation shall take into consideration the square footage | 2141 |
and cost per square foot necessary for the grade levels to be | 2142 |
housed in the classroom facilities, the variation across the state | 2143 |
in construction and related costs, the cost of the installation of | 2144 |
site utilities and site preparation, the cost of demolition of all | 2145 |
or part of any existing classroom facilities that are abandoned | 2146 |
under the project, the cost of insuring the project until it is | 2147 |
completed, any contingency reserve amount prescribed by the | 2148 |
commission under section 3318.086 of the Revised Code, and the | 2149 |
professional planning, administration, and design fees that a | 2150 |
district may have to pay to undertake a classroom facilities | 2151 |
project. | 2152 |
For a joint vocational school district that receives | 2153 |
assistance under sections 3318.40 to 3318.45 of the Revised Code, | 2154 |
the basic project cost calculation for a project under those | 2155 |
sections shall also take into account the types of laboratory | 2156 |
spaces and program square footages needed for the vocational | 2157 |
education programs for high school students offered by the school | 2158 |
district. | 2159 |
(M)(1) Except for a joint vocational school district that | 2160 |
receives assistance under sections 3318.40 to 3318.45 of the | 2161 |
Revised Code, a "school district's portion of the basic project | 2162 |
cost" means the amount determined under section 3318.032 of the | 2163 |
Revised Code. | 2164 |
(2) For a joint vocational school district that receives | 2165 |
assistance under sections 3318.40 to 3318.45 of the Revised Code, | 2166 |
a "school district's portion of the basic project cost" means the | 2167 |
amount determined under division (C) of section 3318.42 of the | 2168 |
Revised Code. | 2169 |
(N)
"Child | 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 school | 2174 |
district operating such classroom facility. | 2175 |
(O) "Community resource center" means space within a | 2176 |
classroom facility in which comprehensive services that support | 2177 |
the needs of families and children are provided by community-based | 2178 |
social service providers. | 2179 |
(P) "Valuation" means the total value of all property in the | 2180 |
district as listed and assessed for taxation on the tax | 2181 |
duplicates. | 2182 |
(Q) "Percentile" means the percentile in which the district | 2183 |
is ranked pursuant to division (D) of section 3318.011 of the | 2184 |
Revised Code. | 2185 |
(R) "Installation of site utilities" means the installation | 2186 |
of a site domestic water system, site fire protection system, site | 2187 |
gas distribution system, site sanitary system, site storm drainage | 2188 |
system, and site telephone and data system. | 2189 |
(S) "Site preparation" means the earthwork necessary for | 2190 |
preparation of the building foundation system, the paved | 2191 |
pedestrian and vehicular circulation system, playgrounds on the | 2192 |
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 not | 2195 |
received adequate use during early childhood. | 2196 |
(2) "501(c) organization" means an organization exempt from | 2197 |
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 offer | 2205 |
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 screening | 2209 |
training and
certification program for volunteers, child | 2210 |
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 accordance | 2240 |
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 the | 2246 |
following: | 2247 |
(1) Adopt the state fire code under sections 3737.82 to | 2248 |
3737.86 of the Revised Code; | 2249 |
(2) Enforce the state fire code; | 2250 |
(3) Appoint assistant fire marshals who are authorized to | 2251 |
enforce the state fire code; | 2252 |
(4) Conduct investigations into the cause, origin, and | 2253 |
circumstances of fires and explosions, and assist in the | 2254 |
prosecution of persons believed to be guilty of arson or a similar | 2255 |
crime; | 2256 |
(5) Compile statistics concerning loss due to fire and | 2257 |
explosion as the fire marshal considers necessary, and consider | 2258 |
the compatibility of the fire marshal's system of compilation with | 2259 |
the systems of other state and federal agencies and fire marshals | 2260 |
of other states; | 2261 |
(6) Engage in research on the cause and prevention of losses | 2262 |
due to fire and explosion; | 2263 |
(7) Engage in public education and informational activities | 2264 |
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 state | 2273 |
fire code, unless a building is insured against the hazard of | 2274 |
fire, in which case such tests may be performed by the company | 2275 |
insuring the building; | 2276 |
(12) Establish and collect fees for conducting licensing | 2277 |
examinations and for issuing permits, licenses, and certificates; | 2278 |
(13) Make available for the prosecuting attorney and an | 2279 |
assistant prosecuting attorney from each county of this state, in | 2280 |
accordance with section 3737.331 of the Revised Code, a seminar | 2281 |
program, attendance at which is optional, that is designed to | 2282 |
provide current information, data, training, and techniques | 2283 |
relative to the prosecution of arson cases; | 2284 |
(14) Administer and enforce Chapter 3743. of the Revised | 2285 |
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 fire | 2291 |
marshal, and shall employ professional and clerical assistants as | 2292 |
the fire marshal considers necessary. The chief deputy shall be a | 2293 |
competent former or current member of a fire agency and possess | 2294 |
five years of recent, progressively more responsible experience in | 2295 |
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 deputy | 2305 |
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 the | 2311 |
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 the | 2315 |
chief deputy and other employees under the fire marshal's | 2316 |
supervision to exercise powers granted to the fire marshal by law | 2317 |
as may be necessary to carry out the duties of the fire marshal's | 2318 |
office. | 2319 |
(C) The fire marshal shall create, in and as a part of the | 2320 |
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 persons | 2331 |
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 or | 2337 |
experience, in fire inspection, fire code development, fire code | 2338 |
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, the | 2345 |
chief of the bureau of code enforcement, or any assistant fire | 2346 |
marshal under the direction of the fire marshal, the chief deputy | 2347 |
fire marshal, or the chief of the bureau of code enforcement may | 2348 |
cause to be conducted the inspection of all buildings, structures, | 2349 |
and other places, the condition of which may be dangerous from a | 2350 |
fire safety standpoint to life or property, or to property | 2351 |
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 or | 2357 |
experience, to promote programs for rural and urban fire | 2358 |
prevention and protection. The chief, among other duties delegated | 2359 |
to the chief by the fire marshal, is responsible, under the | 2360 |
direction of the fire marshal, for the promotion of rural and | 2361 |
urban fire prevention and protection through public information | 2362 |
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 child | 2374 |
2375 | |
director of job and family services, as a precondition of approval | 2376 |
by the state board of education under section 3313.813 of the | 2377 |
Revised Code for receipt of United States department of | 2378 |
agriculture child and adult care food program funds established | 2379 |
under the "National School Lunch Act," 60 Stat. 230 (1946), 42 | 2380 |
U.S.C. 1751, as amended, shall inspect the type B home to | 2381 |
determine compliance with rules adopted under section 5104.052 of | 2382 |
the Revised Code regarding fire prevention and fire safety in | 2383 |
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 or | 2392 |
general health district or the authority having the duties of a | 2393 |
board of health under section 3709.05 of the Revised Code. | 2394 |
(B) "Child | 2395 |
the
following in which child | 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, or | 2399 |
type B family day-care home as defined in section 5104.01 of the | 2400 |
Revised Code; | 2401 |
(2) A type C family day-care home authorized to provide child | 2402 |
2403 | |
amended by Am. Sub. S.B. 160 of the 121st general assembly and | 2404 |
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 determine | 2408 |
whether the lead hazards in a
residential unit, child | 2409 |
care facility, or school have been sufficiently controlled. A | 2410 |
clearance examination includes a visual assessment, collection, | 2411 |
and analysis of environmental samples. | 2412 |
(D) "Clearance technician" means a person, other than a | 2413 |
licensed lead inspector or licensed lead risk assessor, who | 2414 |
performs a clearance examination. | 2415 |
(E) "Clinical laboratory" means a facility for the | 2416 |
biological, microbiological, serological, chemical, | 2417 |
immunohematological, hematological, biophysical, cytological, | 2418 |
pathological, or other examination of substances derived from the | 2419 |
human body for the purpose of providing information for the | 2420 |
diagnosis, prevention, or treatment of any disease, or in the | 2421 |
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 or | 2435 |
control chalking, flaking, peeling, scaling, or loose | 2436 |
lead-containing substances from becoming part of house dust or | 2437 |
otherwise accessible to children. | 2438 |
(H) "Environmental lead analytical laboratory" means a | 2439 |
facility that analyzes air, dust, soil, water, paint, film, or | 2440 |
other substances, other than substances derived from the human | 2441 |
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-efficiency | 2444 |
particulate air filter, which is a filter capable of removing | 2445 |
particles of 0.3 microns or larger from air at 99.97 per cent or | 2446 |
greater efficiency. | 2447 |
(J) "Interim controls" means a set of measures designed to | 2448 |
reduce temporarily human exposure or likely human exposure to lead | 2449 |
hazards. Interim controls include specialized cleaning, repairs, | 2450 |
painting, temporary containment, ongoing lead hazard maintenance | 2451 |
activities, and the establishment and operation of management and | 2452 |
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 section | 2465 |
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 the | 2470 |
property owner's private residence. | 2471 |
(ii) No child under six years of age who has lead poisoning | 2472 |
resides in the unit. | 2473 |
(L) "Lead abatement contractor" means any individual who | 2474 |
engages in or intends to engage in lead abatement and employs or | 2475 |
supervises one or more lead abatement workers, including on-site | 2476 |
supervision of lead abatement projects, or prepares | 2477 |
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 is | 2485 |
responsible in a nonsupervisory capacity for the performance of | 2486 |
lead abatement. | 2487 |
(P) "Lead-based paint" means any paint or other similar | 2488 |
surface-coating substance containing lead at or in excess of the | 2489 |
level that is hazardous to human health as established by rule of | 2490 |
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 as | 2498 |
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, and | 2505 |
lead-contaminated water pipes. | 2506 |
(T) "Lead inspection" means a surface-by-surface | 2507 |
investigation to determine the presence of lead-based paint. The | 2508 |
inspection shall use a sampling or testing technique approved by | 2509 |
the public health council in rules adopted by the council under | 2510 |
section 3742.03 of the Revised Code. A licensed lead inspector or | 2511 |
laboratory approved under section 3742.09 of the Revised Code | 2512 |
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 lead | 2515 |
inspection, or prepares a report explaining the results of a lead | 2516 |
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 | 2523 |
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 responsible | 2530 |
for developing a written inspection, risk assessment, and analysis | 2531 |
plan; conducting inspections for lead hazards in a residential | 2532 |
unit, child | 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 or | 2537 |
performance of services for the general improvement of all or part | 2538 |
of an existing structure, including a residential unit, child | 2539 |
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 as | 2545 |
the owner, responsible for the daily operation of a residential | 2546 |
unit, child | 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 which | 2555 |
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 rules | 2558 |
adopted pursuant to it; | 2559 |
(2) Apply or cause to be applied any lead-based paint on or | 2560 |
inside
a residential unit, child | 2561 |
school, unless the public health council has determined by rule | 2562 |
under section 3742.50 of the Revised Code that no suitable | 2563 |
substitute exists; | 2564 |
(3) Interfere with an investigation conducted by the director | 2565 |
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 an | 2568 |
individual to perform lead abatement on a residential unit, child | 2569 |
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 | 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 professional | 2578 |
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 | 2589 |
2590 | |
valid clearance technician license issued under section 3742.05 of | 2591 |
the Revised Code, unless the person holds a valid lead inspector | 2592 |
license or valid lead risk assessor license issued under that | 2593 |
section; | 2594 |
(7) Perform lead training for the licensing purposes of this | 2595 |
chapter without a valid approval from the director of health under | 2596 |
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 | 2601 |
(A) No lead abatement contractor shall provide lead testing | 2602 |
services or professional advice regarding lead abatement unless | 2603 |
that service or advice is provided by a lead inspector or lead | 2604 |
risk assessor who is licensed under section 3742.05 of the Revised | 2605 |
Code and is employed by the lead abatement contractor. | 2606 |
(B) No person shall provide advice on the need for lead | 2607 |
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 the | 2610 |
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 into | 2613 |
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 should | 2618 |
obtain a second opinion to verify any lead test results and assure | 2619 |
that the proposed lead abatement or project design is appropriate. | 2620 |
(C) No lead inspector, lead abatement contractor, lead risk | 2621 |
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 abatement | 2626 |
without the on-site supervision of a licensed lead abatement | 2627 |
contractor. | 2628 |
(E) No person shall have lead-safe renovation performed in | 2629 |
lieu of having lead abatement performed on a property at which a | 2630 |
lead-poisoned child under six years of age has been identified. | 2631 |
Sec. 3742.07. (A) Prior to engaging in any lead abatement | 2632 |
project
on a residential unit, child | 2633 |
school, the lead abatement contractor primarily responsible for | 2634 |
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 a | 2641 |
licensed physician within the preceding calendar year and has been | 2642 |
declared by the physician to be physically capable of working | 2643 |
while wearing a respirator; | 2644 |
(3) Ensure that each employee or agent who will come in | 2645 |
contact with lead hazards or will be responsible for a lead | 2646 |
abatement project receives a license and appropriate training as | 2647 |
required by this chapter before engaging in a lead abatement | 2648 |
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 will | 2652 |
commence. | 2653 |
(B) During each lead abatement project, the lead abatement | 2654 |
contractor primarily responsible for the project shall ensure that | 2655 |
all persons involved in the project follow the worker protection | 2656 |
standards established under 29 C.F.R. 1926.62 by the United States | 2657 |
occupational safety and health administration. | 2658 |
Sec. 3742.071. All of the following apply in the performance | 2659 |
of activities by persons licensed under this chapter: | 2660 |
(A) A lead risk assessor shall certify in writing the precise | 2661 |
results of a lead risk assessment and options for reducing | 2662 |
identified lead hazards. | 2663 |
(B) A clearance technician may perform a clearance | 2664 |
examination when the examination is in connection with activities | 2665 |
other than a lead abatement project. A clearance examination | 2666 |
performed in connection with a lead abatement project shall be | 2667 |
performed only by a lead inspector or lead risk assessor. | 2668 |
(C) The director of health may issue an immediate cease work | 2669 |
order to a person licensed under this chapter if the director | 2670 |
determines that the license holder is violating the terms or | 2671 |
conditions of the license in a manner that endangers or materially | 2672 |
impairs the health or well-being of an occupant of a residential | 2673 |
unit, child
| 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 may | 2686 |
request permission to enter the residential unit, child | 2687 |
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 for | 2690 |
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, the | 2693 |
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 authorized | 2702 |
board of health determines pursuant to an investigation conducted | 2703 |
under section 3742.35 of the Revised Code that a residential unit, | 2704 |
child | 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 assessment | 2709 |
conducted under section 3742.36 of the Revised Code indicate that | 2710 |
one or more lead hazards identified in a residential unit, child | 2711 |
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 order | 2716 |
include the following: | 2717 |
(1) The interior and exterior surfaces and all common areas | 2718 |
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 school | 2723 |
occupies. | 2724 |
(B) A lead hazard control order issued under this section | 2725 |
shall be in writing and in the form the director shall prescribe. | 2726 |
The director or board shall specify in the order each lead hazard | 2727 |
to be controlled and the date by which the unit, facility, or | 2728 |
school must pass a clearance examination demonstrating that each | 2729 |
lead hazard has been sufficiently controlled. The director or | 2730 |
board may include in the order a requirement that occupants of the | 2731 |
unit, facility, or school whose health may be threatened vacate | 2732 |
the unit, facility, or school until the unit, facility, or school | 2733 |
passes the clearance examination. | 2734 |
The director or board shall have the order delivered to the | 2735 |
owner and manager of the unit, facility, or school. If the order | 2736 |
applies to a building in which there is more than one residential | 2737 |
unit, the director or board shall have a copy of the order | 2738 |
delivered to the occupants of each unit or require that the owner | 2739 |
or manager of the building deliver a copy of the order to the | 2740 |
occupants of each unit. If the order applies to a child
| 2741 |
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 | 2744 |
or education at the facility or school or require the owner or | 2745 |
manager of the facility or school to have a copy of the order so | 2746 |
delivered. | 2747 |
Sec. 3742.38. The owner and manager of a residential unit, | 2748 |
child | 2749 |
hazard control order issued under section 3742.37 of the Revised | 2750 |
Code shall cooperate with the director of health or board of | 2751 |
health that issued the order in controlling each lead hazard | 2752 |
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 | 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 | 2762 |
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 | 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 |
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
| 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 | 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 | 2799 |
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 | 2802 |
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 in | 2806 |
section 3742.42 of the Revised Code for the control of lead | 2807 |
hazards; | 2808 |
(2) Covers all rough, pitted, or porous horizontal surfaces | 2809 |
of the inhabited or occupied areas within the unit, facility, or | 2810 |
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, child | 2813 |
2814 | |
preventive treatments specified in division (A) of this section if | 2815 |
the unit, facility, or school passes a clearance examination in | 2816 |
accordance with standards for passage established by rules adopted | 2817 |
under section 3742.49 of the Revised Code. | 2818 |
(C) The legal presumption established under this section is | 2819 |
rebuttable in a court of law only on a showing of clear and | 2820 |
convincing evidence to the contrary. | 2821 |
Sec. 3742.42. (A) In completing the essential maintenance | 2822 |
practices portion of the preventive treatments specified in | 2823 |
section 3742.41 of the Revised Code, the owner or manager of a | 2824 |
residential unit, child | 2825 |
all of the following: | 2826 |
(1) Use only safe work practices, which include compliance | 2827 |
with section 3742.44 of the Revised Code, to prevent the spread of | 2828 |
lead-contaminated dust; | 2829 |
(2) Perform visual examinations for deteriorated paint, | 2830 |
underlying damage, and other conditions that may cause exposure to | 2831 |
lead; | 2832 |
(3) Promptly and safely repair deteriorated paint or other | 2833 |
building components that may cause exposure to lead and eliminate | 2834 |
the cause of the deterioration; | 2835 |
(4) Ask tenants in a residential unit, and parents, | 2836 |
guardians, and custodians of children in a child | 2837 |
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 section | 2842 |
3742.45 of the Revised Code to control lead-contaminated dust; | 2843 |
(6) Cover any bare soil on the property, except soil proven | 2844 |
not to be lead-contaminated; | 2845 |
(7) Maintain a record of essential maintenance practices for | 2846 |
at least three years that documents all essential maintenance | 2847 |
practices; | 2848 |
(8) Successfully complete a training program in essential | 2849 |
maintenance practices that has been approved under section 3742.47 | 2850 |
of the Revised Code. | 2851 |
(B) The areas of a
residential unit, child | 2852 |
facility, or school that are subject to division (A) of this | 2853 |
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 or | 2858 |
manager considers to be associated with the operation of the unit, | 2859 |
facility, or school, including garages, play equipment, and | 2860 |
fences; | 2861 |
(3) The lot or land that the unit, facility, or school | 2862 |
occupies. | 2863 |
Sec. 3742.43. A person who implements the essential | 2864 |
maintenance practices portion of the preventive treatments | 2865 |
specified in section 3742.41 of the Revised Code shall do all of | 2866 |
the following in the area of the
residential unit, child | 2867 |
care facility, or school in which the essential maintenance | 2868 |
practices are being performed: | 2869 |
(A) Allow only persons performing the essential maintenance | 2870 |
practices access to the area; | 2871 |
(B) Cover the area with six mil polyethylene plastic or its | 2872 |
equivalent; | 2873 |
(C) Protect workers in a manner consistent with the | 2874 |
requirements a lead abatement contractor must meet pursuant to | 2875 |
division (B) of section 3742.07 of the Revised Code; | 2876 |
(D) Protect occupants' belongings by covering or removing | 2877 |
them from the area; | 2878 |
(E) Wet down all painted surfaces before disturbing the | 2879 |
surfaces; | 2880 |
(F) Wet down debris before sweeping or vacuuming. | 2881 |
Sec. 3742.45. (A) Specialized cleaning methods used to | 2882 |
control lead-contaminated dust when implementing the essential | 2883 |
maintenance practices portion of the preventive treatments | 2884 |
specified in section 3742.41 of the Revised Code may include any | 2885 |
of the following: | 2886 |
(1) Cleaning potentially lead-contaminated surfaces with a | 2887 |
detergent; | 2888 |
(2) Vacuuming potentially lead-contaminated surfaces with a | 2889 |
HEPA vacuum; | 2890 |
(3) Covering potentially lead-contaminated soil. | 2891 |
(B) A person who uses or provides for others to use the | 2892 |
specialized cleaning methods specified in division (A) of this | 2893 |
section shall ensure that the cleaning is performed as follows: | 2894 |
(1) The common areas of a building with more than one | 2895 |
residential unit must undergo specialized cleaning at least | 2896 |
annually, including hallways, stairways, laundry rooms, | 2897 |
recreational rooms, playgrounds, boundary fences, and other | 2898 |
portions of the building and its surroundings that are generally | 2899 |
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 be | 2902 |
reoccupied. | 2903 |
(3) A child | 2904 |
specialized cleaning at least annually at a time when children are | 2905 |
not present at the facility or school. | 2906 |
(4) In a residential unit, child | 2907 |
school, on completion of any maintenance or repair work that | 2908 |
disturbs surfaces suspected or known to be painted with lead-based | 2909 |
paint, the maintenance or repair work area must undergo | 2910 |
specialized cleaning if the area of the disturbed surfaces | 2911 |
suspected or known to be painted with lead-based paint totals more | 2912 |
than one of the following: | 2913 |
(a) Twenty square feet or two square meters on exterior | 2914 |
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 window | 2919 |
sills, baseboards, and trim. | 2920 |
Sec. 3742.48. Any person who supervises or performs services | 2921 |
for the general improvement of all or part of an existing | 2922 |
structure, including a residential unit, child | 2923 |
facility, or school, may undertake a training program in lead-safe | 2924 |
renovation approved under section 3742.47 of the Revised Code. | 2925 |
After successfully completing the program, the person may | 2926 |
represent to the public that the services are being supervised or | 2927 |
performed by a lead-safe renovator. Regardless of whether a | 2928 |
training program in lead-safe renovation has been completed, the | 2929 |
person is not subject to licensure under this chapter solely for | 2930 |
supervising or performing services for the general improvement of | 2931 |
all or part of an existing structure. | 2932 |
Sec. 5101.16. (A) As used in this section and sections | 2933 |
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 the | 2941 |
department of job and family services pursuant to section 5101.54 | 2942 |
of the Revised Code. | 2943 |
(4) "Medicaid" means the medical assistance program | 2944 |
established by Chapter 5111. of the Revised Code, excluding | 2945 |
transportation services provided under that chapter. | 2946 |
(5) "Ohio works first" means the program established by | 2947 |
Chapter 5107. of the Revised Code. | 2948 |
(6) "Prevention, retention, and contingency" means the | 2949 |
program established by Chapter 5108. of the Revised Code. | 2950 |
(7) "Public assistance expenditures" means expenditures for | 2951 |
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, and | 2956 |
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 county | 2966 |
share of public assistance expenditures in accordance with section | 2967 |
5101.161 of the Revised Code. Except as provided in division (C) | 2968 |
of this section, a county's share of public assistance | 2969 |
expenditures is the sum of all of the following for state fiscal | 2970 |
year 1998 and each state fiscal year thereafter: | 2971 |
(1) The amount that is twenty-five per cent of the county's | 2972 |
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 percentage | 2978 |
determined under division (D) of this section, of the county's | 2979 |
total expenditures for county administration of food stamps and | 2980 |
medicaid during the state fiscal year ending in the previous | 2981 |
calendar year that the department determines are allowable, less | 2982 |
the amount of federal reimbursement credited to the county under | 2983 |
division (E) of this section for the state fiscal year ending in | 2984 |
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 | 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 expenditures | 2998 |
determined under division (B) of this section for a state fiscal | 2999 |
year exceeds one hundred ten per cent of the county's share for | 3000 |
those expenditures for the immediately preceding state fiscal | 3001 |
year, the department of job and family services shall reduce the | 3002 |
county's share for expenditures under divisions (B)(1) and (2) of | 3003 |
this section so that the total of the county's share for | 3004 |
expenditures under division (B) of this section equals one hundred | 3005 |
ten per cent of the county's share of those expenditures for the | 3006 |
immediately preceding state fiscal year. | 3007 |
(2) A county's share of public assistance expenditures | 3008 |
determined under division (B) of this section may be increased | 3009 |
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 less | 3011 |
than the per capita tax duplicate of the state as a whole and | 3012 |
division (D)(2) of this section does not apply to the county, the | 3013 |
percentage to be used for the purpose of division (B)(2) of this | 3014 |
section is the product of ten multiplied by a fraction of which | 3015 |
the numerator is the per capita tax duplicate of the county and | 3016 |
the denominator is the per capita tax duplicate of the state as a | 3017 |
whole. The department of job and family services shall compute the | 3018 |
per capita tax duplicate for the state and for each county by | 3019 |
dividing the tax duplicate for the most recent available year by | 3020 |
the current estimate of population prepared by the department of | 3021 |
development. | 3022 |
(2) If the percentage of families in a county with an annual | 3023 |
income of less than three thousand dollars is greater than the | 3024 |
percentage of such families in the state and division (D)(1) of | 3025 |
this section does not apply to the county, the percentage to be | 3026 |
used for the purpose of division (B)(2) of this section is the | 3027 |
product of ten multiplied by a fraction of which the numerator is | 3028 |
the percentage of families in the state with an annual income of | 3029 |
less than three thousand dollars a year and the denominator is the | 3030 |
percentage of such families in the county. The department of job | 3031 |
and family services shall compute the percentage of families with | 3032 |
an annual income of less than three thousand dollars for the state | 3033 |
and for each county by multiplying the most recent estimate of | 3034 |
such families published by the department of development, by a | 3035 |
fraction, the numerator of which is the estimate of average annual | 3036 |
personal income published by the bureau of economic analysis of | 3037 |
the United States department of commerce for the year on which the | 3038 |
census estimate is based and the denominator of which is the most | 3039 |
recent such estimate published by the bureau. | 3040 |
(3) If the per capita tax duplicate of a county is less than | 3041 |
the per capita tax duplicate of the state as a whole and the | 3042 |
percentage of families in the county with an annual income of less | 3043 |
than three thousand dollars is greater than the percentage of such | 3044 |
families in the state, the percentage to be used for the purpose | 3045 |
of division (B)(2) of this section shall be determined as follows: | 3046 |
(a) Multiply ten by the fraction determined under division | 3047 |
(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 shall | 3052 |
determine, for each county, the percentage to be used for the | 3053 |
purpose of division (B)(2) of this section not later than the | 3054 |
first day of July of the year preceding the state fiscal year for | 3055 |
which the percentage is used. | 3056 |
(E) The department of job and family services shall credit to | 3057 |
a county the amount of federal reimbursement the department | 3058 |
receives from the United States departments of agriculture and | 3059 |
health and human services for the county's expenditures for | 3060 |
administration of food stamps and medicaid that the department | 3061 |
determines are allowable administrative expenditures. | 3062 |
(F)(1) The director of job and family services shall adopt | 3063 |
rules in accordance with section 111.15 of the Revised Code to | 3064 |
establish all of the following: | 3065 |
(a) The method the department is to use to change a county's | 3066 |
share of public assistance expenditures determined under division | 3067 |
(B) of this section as provided in division (C) of this section; | 3068 |
(b) The allocation methodology and formula the department | 3069 |
will use to determine the amount of funds to credit to a county | 3070 |
under this section; | 3071 |
(c) The method the department will use to change the payment | 3072 |
of the county share of public assistance expenditures from a | 3073 |
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 implement | 3084 |
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 the | 3097 |
Revised Code; | 3098 |
(2) The children's health insurance program parts I and II | 3099 |
provided for under sections 5101.50 and 5101.51 of the Revised | 3100 |
Code; | 3101 |
(3) Publicly funded child | 3102 |
Chapter 5104. of the Revised Code; | 3103 |
(4) Other programs the director determines are supportive of | 3104 |
children or families with at least one employed member. | 3105 |
(B) If the director elects to accept applications, determine | 3106 |
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 that | 3114 |
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 caregivers | 3124 |
residing in each county. The program shall provide to kinship | 3125 |
caregivers information and referral services and assistance | 3126 |
obtaining support services including the following: | 3127 |
(A) Publicly funded child | 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 obtain | 3131 |
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 | 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 program | 3150 |
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. The | 3156 |
department shall provide copies of the reports to any person or | 3157 |
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 general | 3173 |
assembly. The reports required by the Personal Responsibility and | 3174 |
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 the | 3178 |
daily operation of a center or type A home. The administrator and | 3179 |
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 a | 3183 |
county director of job and family services to operate a certified | 3184 |
type B family day-care home. | 3185 |
(D)
"Border state child | 3186 |
3187 | |
and that is licensed, certified, or otherwise approved by that | 3188 |
state
to provide child | 3189 |
(E) "Caretaker parent" means the father or mother of a child | 3190 |
whose presence in the home is needed as the caretaker of the | 3191 |
child, a person who has legal custody of a child and whose | 3192 |
presence in the home is needed as the caretaker of the child, a | 3193 |
guardian of a child whose presence in the home is needed as the | 3194 |
caretaker of the child, and any other person who stands in loco | 3195 |
parentis with respect to the child and whose presence in the home | 3196 |
is needed as the caretaker of the child. | 3197 |
(F) "Certified type B family day-care home" and "certified | 3198 |
type B home" mean a type B family day-care home that is certified | 3199 |
by the director of the county department of job and family | 3200 |
services pursuant to section 5104.11 of the Revised Code to | 3201 |
receive public funds for providing child | 3202 |
this chapter and any rules adopted under it. | 3203 |
(G) "Chartered nonpublic school" means a school that meets | 3204 |
standards for nonpublic schools prescribed by the state board of | 3205 |
education for nonpublic schools pursuant to section 3301.07 of the | 3206 |
Revised Code. | 3207 |
(H) "Child" includes an infant, toddler, preschool child, or | 3208 |
school child. | 3209 |
(I) "Child care block grant act" means the "Child Care and | 3210 |
Development Block Grant Act of 1990," established in section 5082 | 3211 |
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 school | 3214 |
children attend or participate, that operates for no more than | 3215 |
seven hours per day, that operates only during one or more public | 3216 |
school district's regular vacation periods or for no more than | 3217 |
fifteen weeks during the summer, and that operates outdoor | 3218 |
activities for each child who attends or participates in the | 3219 |
program for a minimum of fifty per cent of each day that children | 3220 |
attend or participate in the program, except for any day when | 3221 |
hazardous weather conditions prevent the program from operating | 3222 |
outdoor activities for a minimum of fifty per cent of that day. | 3223 |
For purposes of this division, the maximum seven hours of | 3224 |
operation time does not include transportation time from a child's | 3225 |
home to a child day camp and from a child day camp to a child's | 3226 |
home. | 3227 |
(K)
"Child | 3228 |
infants, toddlers, preschool children, and school children outside | 3229 |
of school hours by persons other than their parents or guardians, | 3230 |
custodians, or relatives by blood, marriage, or adoption for any | 3231 |
part of the twenty-four-hour day in a place or residence other | 3232 |
than a child's own home. | 3233 |
(L) "Child day-care center" and "center" mean any place in | 3234 |
which child | 3235 |
is provided for thirteen or more children at one time or any place | 3236 |
that is not the permanent residence of the licensee or | 3237 |
administrator in which
child | 3238 |
child
| 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 the | 3242 |
center shall be counted. "Child day-care center" and "center" do | 3243 |
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 | 3256 |
publicly
funded child | 3257 |
apply: | 3258 |
(a) An organized religious body
provides the child | 3259 |
care; | 3260 |
(b) A parent, custodian, or guardian of at least one child | 3261 |
receiving child | 3262 |
accessible at all times; | 3263 |
(c) The child | 3264 |
thirty days a year; | 3265 |
(d) The child | 3266 |
and school children. | 3267 |
(M)
"Child | 3268 |
organization" means a community-based nonprofit organization that | 3269 |
provides child | 3270 |
not
child | 3271 |
(N)
"Child | 3272 |
means all of the following services: | 3273 |
(1) Maintenance of a uniform data base of all child
| 3274 |
care providers in the community that are in compliance with this | 3275 |
chapter, including current occupancy and vacancy data; | 3276 |
(2) Provision of individualized consumer education to | 3277 |
families seeking child | 3278 |
(3) Provision of timely referrals of available child
| 3279 |
care providers to families seeking child | 3280 |
(4) Recruitment of child | 3281 |
(5) Assistance in the development, conduct, and dissemination | 3282 |
of training
for child | 3283 |
technical assistance to current and potential
child
| 3284 |
providers, employers, and the community; | 3285 |
(6) Collection and analysis of data on the supply of and | 3286 |
demand for child | 3287 |
(7) Technical assistance concerning locally, state, and | 3288 |
federally funded
child | 3289 |
programs; | 3290 |
(8) Stimulation of employer involvement in making child | 3291 |
3292 | |
higher quality for their employees and for the community; | 3293 |
(9) Provision of written educational materials to caretaker | 3294 |
parents and informational resources to child | 3295 |
providers; | 3296 |
(10) Coordination of services among child | 3297 |
resource and referral service organizations to assist in | 3298 |
developing and
maintaining a statewide
system of child | 3299 |
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 cooperative | 3303 |
child | 3304 |
day-care homes. | 3305 |
(O) "Child-care staff member" means an employee of a child | 3306 |
day-care center or type A family day-care home who is primarily | 3307 |
responsible for the care and supervision of children. The | 3308 |
administrator may be a part-time child-care staff member when not | 3309 |
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 | 3313 |
publicly funded child | 3314 |
irregular basis. | 3315 |
(Q) "Employee" means a person who either: | 3316 |
(1) Receives compensation for duties performed in a child | 3317 |
day-care center or type A family day-care home; | 3318 |
(2) Is assigned specific working hours or duties in a child | 3319 |
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 or | 3322 |
type A family day-care home subject to licensure under this | 3323 |
chapter. | 3324 |
(S) "Federal poverty line" means the official poverty | 3325 |
guideline as revised annually in accordance with section 673(2) of | 3326 |
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 3327 |
U.S.C. 9902, as amended, for a family size equal to the size of | 3328 |
the family of the person whose income is being determined. | 3329 |
(T) "Head start program" means a comprehensive child | 3330 |
development program that receives funds distributed under the | 3331 |
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 3332 |
amended, or under sections 3301.31 to 3301.37 of the Revised Code. | 3333 |
(U) "Income" means gross income, as defined in section | 3334 |
5107.10 of the Revised Code, less any amounts required by federal | 3335 |
statutes or regulations to be disregarded. | 3336 |
(V) "Indicator checklist" means an inspection tool, used in | 3337 |
conjunction with an instrument-based program monitoring | 3338 |
information system, that contains selected licensing requirements | 3339 |
that are statistically reliable indicators or predictors of a | 3340 |
child day-care center or type A family day-care home's compliance | 3341 |
with licensing requirements. | 3342 |
(W) "Infant" means a child who is less than eighteen months | 3343 |
of age. | 3344 |
(X) "In-home aide" means a person certified by a county | 3345 |
director of job and family services pursuant to section 5104.12 of | 3346 |
the Revised Code
to provide publicly funded child | 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 requirements | 3351 |
for child day-care centers and type A family day-care homes in | 3352 |
which each licensing requirement is assigned a weight indicative | 3353 |
of the relative importance of the requirement to the health, | 3354 |
growth, and safety of the children that is used to develop an | 3355 |
indicator checklist. | 3356 |
(Z) "License capacity" means the maximum number in each age | 3357 |
category of children who may be cared for in a child day-care | 3358 |
center or type A family day-care home at one time as determined by | 3359 |
the director of job and family services considering building | 3360 |
occupancy limits established by the department of commerce, number | 3361 |
of available child-care staff members, amount of available indoor | 3362 |
floor space and outdoor play space, and amount of available play | 3363 |
equipment, materials, and supplies. | 3364 |
(AA) "Licensed preschool program" or "licensed school child | 3365 |
program" means a preschool program or school child program, as | 3366 |
defined in section 3301.52 of the Revised Code, that is licensed | 3367 |
by the department of education pursuant to sections 3301.52 to | 3368 |
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 this | 3371 |
chapter and who is responsible for ensuring its compliance with | 3372 |
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," "parent | 3378 |
cooperative center," "parent cooperative type A family day-care | 3379 |
home," and "parent cooperative type A home" mean a corporation or | 3380 |
association organized for providing educational services to the | 3381 |
children of members of the corporation or association, without | 3382 |
gain to the corporation or association as an entity, in which the | 3383 |
services of the corporation or association are provided only to | 3384 |
children of the members of the corporation or association, | 3385 |
ownership and control of the corporation or association rests | 3386 |
solely with the members of the corporation or association, and at | 3387 |
least one parent-member of the corporation or association is on | 3388 |
the premises of the center or type A home during its hours of | 3389 |
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 A | 3392 |
home" mean a center or type A home that provides child
| 3393 |
care or
publicly funded child | 3394 |
hours a day for any child. | 3395 |
(GG) "Place of worship" means a building where activities of | 3396 |
an organized religious group are conducted and includes the | 3397 |
grounds and any other buildings on the grounds used for such | 3398 |
activities. | 3399 |
(HH) "Preschool child" means a child who is three years old | 3400 |
or older but is not a school child. | 3401 |
(II)
"Protective | 3402 |
child
| 3403 |
to whom either of the following applies: | 3404 |
(1) A case plan prepared and maintained for the child | 3405 |
pursuant to section 2151.412 of the Revised Code indicates a need | 3406 |
for protective | 3407 |
stepparent, guardian, or another person who stands in loco | 3408 |
parentis as defined in rules adopted under section 5104.38 of the | 3409 |
Revised Code; | 3410 |
(2) The child and the child's caretaker either temporarily | 3411 |
reside in a facility providing emergency shelter for homeless | 3412 |
families or are determined by the county department of job and | 3413 |
family services to be homeless, and are otherwise ineligible for | 3414 |
publicly
funded
child | 3415 |
(JJ)
"Publicly funded child | 3416 |
administering to the needs of infants, toddlers, preschool | 3417 |
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; Sunday | 3425 |
school classes or other religious classes conducted during or | 3426 |
prior to worship or other religious services; youth or adult | 3427 |
fellowship activities; choir or other musical group practices or | 3428 |
programs; meals; festivals; or meetings conducted by an organized | 3429 |
religious group. | 3430 |
(LL) "School child" means a child who is enrolled in or is | 3431 |
eligible to be enrolled in a grade of kindergarten or above but is | 3432 |
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 type | 3435 |
A family home" mean a center or type A home that provides child | 3436 |
3437 | |
both of the following: | 3438 |
(1) Operates only during that part of the day that | 3439 |
immediately precedes or follows the public school day of the | 3440 |
school district in which the center or type A home is located; | 3441 |
(2) Operates only when the public schools in the school | 3442 |
district in which the center or type A home is located are not | 3443 |
open for instruction with pupils in attendance. | 3444 |
(NN) "State median income" means the state median income | 3445 |
calculated by the department of development pursuant to division | 3446 |
(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 months | 3452 |
of age but less than three years of age. | 3453 |
(RR) "Type A family day-care home" and "type A home" mean a | 3454 |
permanent residence of the administrator in which child | 3455 |
care
or publicly funded child | 3456 |
to twelve children at one time or a permanent residence of the | 3457 |
administrator
in which child | 3458 |
twelve children at one time if four or more children at one time | 3459 |
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 a | 3470 |
permanent residence of the provider in which child | 3471 |
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 services | 3483 |
shall adopt rules pursuant to Chapter 119. of the Revised Code | 3484 |
governing the operation of child day-care centers, including, but | 3485 |
not limited to, parent cooperative centers, part-time centers, | 3486 |
drop-in centers, and school child centers, which rules shall | 3487 |
reflect the various forms of child | 3488 |
children receiving child | 3489 |
3490 | |
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 of | 3496 |
operation to demonstrate how the center proposes to meet the | 3497 |
requirements of this chapter and rules adopted pursuant to this | 3498 |
chapter for the initial license application; | 3499 |
(2) Standards for ensuring that the physical surroundings of | 3500 |
the center are safe and sanitary including, but not limited to, | 3501 |
the physical environment, the physical plant, and the equipment of | 3502 |
the center; | 3503 |
(3) Standards for the supervision, care, and discipline of | 3504 |
children receiving child | 3505 |
3506 |
(4) Standards for a program of activities, and for play | 3507 |
equipment, materials, and supplies, to enhance the development of | 3508 |
each child; however, any educational curricula, philosophies, and | 3509 |
methodologies that are developmentally appropriate and that | 3510 |
enhance the social, emotional, intellectual, and physical | 3511 |
development of each child shall be permissible. As used in this | 3512 |
division, "program" does not include instruction in religious or | 3513 |
moral doctrines, beliefs, or values that is conducted at child | 3514 |
day-care centers owned and operated by churches and does include | 3515 |
methods of disciplining children at child day-care centers. | 3516 |
(5) Admissions policies and procedures, health care policies | 3517 |
and procedures, including, but not limited to, procedures for the | 3518 |
isolation of children with communicable diseases, first aid and | 3519 |
emergency procedures, procedures for discipline and supervision of | 3520 |
children, standards for the provision of nutritious meals and | 3521 |
snacks, and procedures for screening children and employees, | 3522 |
including, but not limited to, any necessary physical examinations | 3523 |
and immunizations; | 3524 |
(6) Methods for encouraging parental participation in the | 3525 |
center and methods for ensuring that the rights of children, | 3526 |
parents, and employees are protected and that responsibilities of | 3527 |
parents and employees are met; | 3528 |
(7) Procedures for ensuring the safety and adequate | 3529 |
supervision of children traveling off the premises of the center | 3530 |
while under the care of a center employee; | 3531 |
(8) Procedures for record keeping, organization, and | 3532 |
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 to | 3540 |
complaints about centers; | 3541 |
(13) Procedures for enforcing section 5104.04 of the Revised | 3542 |
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-free | 3545 |
telephone number on each center provisional license or license | 3546 |
which any person may use to report a suspected violation by the | 3547 |
center of this chapter or rules adopted pursuant to this chapter; | 3548 |
(15) Requirements for the training of administrators and | 3549 |
child-care staff members in first aid, in prevention, recognition, | 3550 |
and management of communicable diseases, and in child abuse | 3551 |
recognition and prevention. Training requirements for child | 3552 |
day-care centers adopted under this division shall be consistent | 3553 |
with divisions (B)(6) and (C)(1) of this section. | 3554 |
(16) Procedures to be used by licensees for checking the | 3555 |
references of potential employees of centers and procedures to be | 3556 |
used by the director for checking the references of applicants for | 3557 |
licenses to operate centers; | 3558 |
(17) Standards providing for the special needs of children | 3559 |
who are handicapped or who require treatment for health conditions | 3560 |
while the child is receiving child | 3561 |
funded
child | 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 carry | 3565 |
out this chapter. | 3566 |
(B)(1) The child day-care center shall have, for each child | 3567 |
for whom the center is licensed, at least thirty-five square feet | 3568 |
of usable indoor floor space wall-to-wall regularly available for | 3569 |
the child | 3570 |
structure in which the care of children is prohibited by law or by | 3571 |
rules adopted by the board of building standards. The minimum of | 3572 |
thirty-five square feet of usable indoor floor space shall not | 3573 |
include hallways, kitchens, storage areas, or any other areas that | 3574 |
are not available for the care of children, as determined by the | 3575 |
director, in meeting the space requirement of this division, and | 3576 |
bathrooms shall be counted in determining square footage only if | 3577 |
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 from | 3581 |
the minimum of thirty-five square feet of usable indoor floor | 3582 |
space shall not apply to: | 3583 |
(a) Centers licensed prior to or on September 1, 1986, that | 3584 |
continue under licensure after that date; | 3585 |
(b) Centers licensed prior to or on September 1, 1986, that | 3586 |
are issued a new license after that date solely due to a change of | 3587 |
ownership of the center. | 3588 |
(2) The child day-care center shall have on the site a safe | 3589 |
outdoor play space which is enclosed by a fence or otherwise | 3590 |
protected from traffic or other hazards. The play space shall | 3591 |
contain not less than sixty square feet per child using such space | 3592 |
at any one time, and shall provide an opportunity for supervised | 3593 |
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 has | 3597 |
not less than sixty square feet per child using the space at any | 3598 |
one time, that has a minimum of one thousand four hundred forty | 3599 |
square feet of space, and that is separate from the indoor space | 3600 |
required under division (B)(1) of this section. | 3601 |
(b) The director has determined that there is regularly | 3602 |
available and scheduled for use a conveniently accessible and safe | 3603 |
park, playground, or similar outdoor play area for play or | 3604 |
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 this | 3608 |
division a child day-care center that was licensed prior to | 3609 |
September 1, 1986, if the center received approval from the | 3610 |
director prior to September 1, 1986, to use a park, playground, or | 3611 |
similar area, not connected with the center, for play or | 3612 |
recreation in lieu of the outdoor space requirements of this | 3613 |
section and if the children are closely supervised both during | 3614 |
play and while traveling to and from the area and except if the | 3615 |
director determines upon investigation and inspection pursuant to | 3616 |
section 5104.04 of the Revised Code and rules adopted pursuant to | 3617 |
that section that the park, playground, or similar area, as well | 3618 |
as access to and from the area, is unsafe for the children. | 3619 |
(3) The child day-care center shall have at least two | 3620 |
responsible adults available on the premises at all times when | 3621 |
seven or more children are in the center. The center shall | 3622 |
organize the children in the center in small groups, shall provide | 3623 |
child-care staff to give continuity of care and supervision to the | 3624 |
children on a day-by-day basis, and shall ensure that no child is | 3625 |
left alone or unsupervised. Except as otherwise provided in | 3626 |
division (E) of this section, the maximum number of children per | 3627 |
child-care staff member and maximum group size, by age category of | 3628 |
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 and | 3672 |
maximum group size requirements of the younger age group shall | 3673 |
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 or | 3677 |
certification of high school equivalency by the state board of | 3678 |
education or the appropriate agency of another state; | 3679 |
(ii) Evidence of having completed at least two years of | 3680 |
training in an accredited college, university, or technical | 3681 |
college, including courses in child development or early childhood | 3682 |
education, or at least two years of experience in supervising and | 3683 |
giving daily care to children attending an organized group | 3684 |
program. | 3685 |
(b) In addition to the requirements of division (B)(4)(a) of | 3686 |
this section, any administrator employed or designated on or after | 3687 |
September 1, 1986, shall show evidence of, and any administrator | 3688 |
employed or designated prior to September 1, 1986, shall show | 3689 |
evidence within six years after such date of, at least one of the | 3690 |
following: | 3691 |
(i) Two years of experience working as a child-care staff | 3692 |
member in a center and at least four courses in child development | 3693 |
or early childhood education from an accredited college, | 3694 |
university, or technical college, except that a person who has two | 3695 |
years of experience working as a child-care staff member in a | 3696 |
particular center and who has been promoted to or designated as | 3697 |
administrator of that center shall have one year from the time the | 3698 |
person was promoted to or designated as administrator to complete | 3699 |
the required four courses; | 3700 |
(ii) Two years of training, including at least four courses | 3701 |
in child development or early childhood education from an | 3702 |
accredited college, university, or technical college; | 3703 |
(iii) A child development associate credential issued by the | 3704 |
national child development associate credentialing commission; | 3705 |
(iv) An associate or higher degree in child development or | 3706 |
early childhood education from an accredited college, technical | 3707 |
college, or university, or a license designated for teaching in an | 3708 |
associate teaching position in a preschool setting issued by the | 3709 |
state board of education. | 3710 |
(5) All child-care staff members of a child day-care center | 3711 |
shall be at least eighteen years of age, and shall furnish the | 3712 |
director evidence of at least high school graduation or | 3713 |
certification of high school equivalency by the state board of | 3714 |
education or the appropriate agency of another state or evidence | 3715 |
of completion of a training program approved by the department of | 3716 |
job and family services or state board of education, except as | 3717 |
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 training | 3721 |
program approved by the state board of education; | 3722 |
(ii) A student enrolled in the second year of a vocational | 3723 |
child-care training program approved by the state board of | 3724 |
education which leads to high school graduation, provided that the | 3725 |
student performs the student's duties in the child day-care center | 3726 |
under the continuous supervision of an experienced child-care | 3727 |
staff member, receives periodic supervision from the vocational | 3728 |
child-care training program teacher-coordinator in the student's | 3729 |
high school, and meets all other requirements of this chapter and | 3730 |
rules adopted pursuant to this chapter. | 3731 |
(b) A child-care staff member shall be exempt from the | 3732 |
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 since | 3735 |
either by the same child day-care center employer or at the same | 3736 |
child day-care center; or | 3737 |
(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 | 3747 |
day-care center annually shall complete fifteen hours of inservice | 3748 |
training in child development or early childhood education, child | 3749 |
abuse recognition and prevention, first aid, and in prevention, | 3750 |
recognition, and management of communicable diseases, until a | 3751 |
total of forty-five hours of training has been completed, unless | 3752 |
the staff member furnishes one of the following to the director: | 3753 |
(a) Evidence of an associate or higher degree in child | 3754 |
development or early childhood education from an accredited | 3755 |
college, university, or technical college; | 3756 |
(b) A license designated for teaching in an associate | 3757 |
teaching position in a preschool setting issued by the state board | 3758 |
of education; | 3759 |
(c) Evidence of a child development associate credential; | 3760 |
(d) Evidence of a preprimary credential from the American | 3761 |
Montessori society or the association Montessori international. | 3762 |
For the purposes of division (B)(6) of this section, "hour" means | 3763 |
sixty minutes. | 3764 |
(7) The administrator of each child day-care center shall | 3765 |
prepare at least once annually and for each group of children at | 3766 |
the center a roster of names and telephone numbers of parents, | 3767 |
custodians, or guardians of each group of children attending the | 3768 |
center and upon request shall furnish the roster for each group to | 3769 |
the parents, custodians, or guardians of the children in that | 3770 |
group. The administrator may prepare a roster of names and | 3771 |
telephone numbers of all parents, custodians, or guardians of | 3772 |
children attending the center and upon request shall furnish the | 3773 |
roster to the parents, custodians, or guardians of the children | 3774 |
who attend the center. The administrator shall not include in any | 3775 |
roster the name or telephone number of any parent, custodian, or | 3776 |
guardian who requests the administrator not to include the | 3777 |
parent's, custodian's, or guardian's name or number and shall not | 3778 |
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 center | 3781 |
premises and readily available at all times at least one | 3782 |
child-care staff member who has completed a course in first aid | 3783 |
and in prevention, recognition, and management of communicable | 3784 |
diseases which is approved by the state department of health and a | 3785 |
staff member who has completed a course in child abuse recognition | 3786 |
and prevention training which is approved by the department of job | 3787 |
and family services. | 3788 |
(2) The administrator of each child day-care center shall | 3789 |
maintain enrollment, health, and attendance records for all | 3790 |
children attending the center and health and employment records | 3791 |
for all center employees. The records shall be confidential, | 3792 |
except as otherwise provided in division (B)(7) of this section | 3793 |
and except that they shall be disclosed by the administrator to | 3794 |
the director upon request for the purpose of administering and | 3795 |
enforcing this chapter and rules adopted pursuant to this chapter. | 3796 |
Neither the center nor the licensee, administrator, or employees | 3797 |
of the center shall be civilly or criminally liable in damages or | 3798 |
otherwise for records disclosed to the director by the | 3799 |
administrator pursuant to this division. It shall be a defense to | 3800 |
any civil or criminal charge based upon records disclosed by the | 3801 |
administrator to the director that the records were disclosed | 3802 |
pursuant to this division. | 3803 |
(3)(a) Any parent who is the residential parent and legal | 3804 |
custodian of a child enrolled in a child day-care center and any | 3805 |
custodian or guardian of such a child shall be permitted unlimited | 3806 |
access to the center during its hours of operation for the | 3807 |
purposes of contacting their children, evaluating the care | 3808 |
provided by the center, evaluating the premises of the center, or | 3809 |
for other purposes approved by the director. A parent of a child | 3810 |
enrolled in a child day-care center who is not the child's | 3811 |
residential parent shall be permitted unlimited access to the | 3812 |
center during its hours of operation for those purposes under the | 3813 |
same terms and conditions under which the residential parent of | 3814 |
that child is permitted access to the center for those purposes. | 3815 |
However, the access of the parent who is not the residential | 3816 |
parent is subject to any agreement between the parents and, to the | 3817 |
extent described in division (C)(3)(b) of this section, is subject | 3818 |
to any terms and conditions limiting the right of access of the | 3819 |
parent who is not the residential parent, as described in division | 3820 |
(I) of section 3109.051 of the Revised Code, that are contained in | 3821 |
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 has | 3825 |
presented the administrator or the administrator's designee with a | 3826 |
copy of a parenting time order that limits the terms and | 3827 |
conditions under which the parent who is not the residential | 3828 |
parent is to have access to the center, as described in division | 3829 |
(I) of section 3109.051 of the Revised Code, the parent who is not | 3830 |
the residential parent shall be provided access to the center only | 3831 |
to the extent authorized in the order. If the residential parent | 3832 |
has presented such an order, the parent who is not the residential | 3833 |
parent shall be permitted access to the center only in accordance | 3834 |
with the most recent order that has been presented to the | 3835 |
administrator or the administrator's designee by the residential | 3836 |
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 to | 3844 |
the rules adopted under division (A) of this section, shall adopt | 3845 |
rules establishing minimum requirements for child day-care | 3846 |
centers. The rules shall include, but not be limited to, the | 3847 |
requirements set forth in divisions (B) and (C) of this section. | 3848 |
Except as provided in section 5104.07 of the Revised Code, the | 3849 |
rules shall not change the square footage requirements of division | 3850 |
(B)(1) or (2) of this section; the maximum number of children per | 3851 |
child-care staff member and maximum group size requirements of | 3852 |
division (B)(3) of this section; the educational and experience | 3853 |
requirements of division (B)(4) of this section; the age, | 3854 |
educational, and experience requirements of division (B)(5) of | 3855 |
this section; the number of inservice training hours required | 3856 |
under division (B)(6) of this section; or the requirement for at | 3857 |
least annual preparation of a roster for each group of children of | 3858 |
names and telephone numbers of parents, custodians, or guardians | 3859 |
of each group of children attending the center that must be | 3860 |
furnished upon request to any parent, custodian, or guardian of | 3861 |
any child in that group required under division (B)(7) of this | 3862 |
section; however, the rules shall provide procedures for | 3863 |
determining compliance with those requirements. | 3864 |
(E)(1) When age groups are combined, the maximum number of | 3865 |
children per child-care staff member shall be determined by the | 3866 |
age of the youngest child in the group, except that when no more | 3867 |
than one child thirty months of age or older receives services in | 3868 |
a group in which all the other children are in the next older age | 3869 |
group, the maximum number of children per child-care staff member | 3870 |
and maximum group size requirements of the older age group | 3871 |
established under division (B)(3) of this section shall apply. | 3872 |
(2) The maximum number of toddlers or preschool children per | 3873 |
child-care staff member in a room where children are napping shall | 3874 |
be twice the maximum number of children per child-care staff | 3875 |
member established under division (B)(3) of this section if all | 3876 |
the following criteria are met: | 3877 |
(a) At least one child-care staff member is present in the | 3878 |
room. | 3879 |
(b) Sufficient child-care staff members are on the child | 3880 |
day-care center premises to meet the maximum number of children | 3881 |
per child-care staff member requirements established under | 3882 |
division (B)(3) of this section. | 3883 |
(c) Naptime preparations are complete and all napping | 3884 |
children are resting or sleeping on cots. | 3885 |
(d) The maximum number established under division (E)(2) of | 3886 |
this section is in effect for no more than one and one-half hours | 3887 |
during a twenty-four-hour day. | 3888 |
(F) The director of job and family services shall adopt rules | 3889 |
pursuant to Chapter 119. of the Revised Code governing the | 3890 |
operation of type A family day-care homes, including, but not | 3891 |
limited to, parent cooperative type A homes, part-time type A | 3892 |
homes, drop-in type A homes, and school child type A homes, which | 3893 |
shall reflect the various forms of child | 3894 |
needs
of
children receiving child | 3895 |
include the following: | 3896 |
(1) Submission of a site plan and descriptive plan of | 3897 |
operation to demonstrate how the type A home proposes to meet the | 3898 |
requirements of this chapter and rules adopted pursuant to this | 3899 |
chapter for the initial license application; | 3900 |
(2) Standards for ensuring that the physical surroundings of | 3901 |
the type A home are safe and sanitary, including, but not limited | 3902 |
to, the physical environment, the physical plant, and the | 3903 |
equipment of the type A home; | 3904 |
(3) Standards for the supervision, care, and discipline of | 3905 |
children receiving child | 3906 |
3907 |
(4) Standards for a program of activities, and for play | 3908 |
equipment, materials, and supplies, to enhance the development of | 3909 |
each child; however, any educational curricula, philosophies, and | 3910 |
methodologies that are developmentally appropriate and that | 3911 |
enhance the social, emotional, intellectual, and physical | 3912 |
development of each child shall be permissible; | 3913 |
(5) Admissions policies and procedures, health care policies | 3914 |
and procedures, including, but not limited to, procedures for the | 3915 |
isolation of children with communicable diseases, first aid and | 3916 |
emergency procedures, procedures for discipline and supervision of | 3917 |
children, standards for the provision of nutritious meals and | 3918 |
snacks, and procedures for screening children and employees, | 3919 |
including, but not limited to, any necessary physical examinations | 3920 |
and immunizations; | 3921 |
(6) Methods for encouraging parental participation in the | 3922 |
type A home and methods for ensuring that the rights of children, | 3923 |
parents, and employees are protected and that the responsibilities | 3924 |
of parents and employees are met; | 3925 |
(7) Procedures for ensuring the safety and adequate | 3926 |
supervision of children traveling off the premises of the type A | 3927 |
home while under the care of a type A home employee; | 3928 |
(8) Procedures for record keeping, organization, and | 3929 |
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 to | 3937 |
complaints about type A homes; | 3938 |
(13) Procedures for enforcing section 5104.04 of the Revised | 3939 |
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-free | 3942 |
telephone number on each type A home provisional license or | 3943 |
license which any person may use to report a suspected violation | 3944 |
by the type A home of this chapter or rules adopted pursuant this | 3945 |
chapter; | 3946 |
(15) Requirements for the training of administrators and | 3947 |
child-care staff members in first aid, in prevention, recognition, | 3948 |
and management of communicable diseases, and in child abuse | 3949 |
recognition and prevention; | 3950 |
(16) Procedures to be used by licensees for checking the | 3951 |
references of potential employees of type A homes and procedures | 3952 |
to be used by the director for checking the references of | 3953 |
applicants for licenses to operate type A homes; | 3954 |
(17) Standards providing for the special needs of children | 3955 |
who are handicapped or who require treatment for health conditions | 3956 |
while the child is receiving child | 3957 |
funded
child | 3958 |
(18) Standards for the maximum number of children per | 3959 |
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 for | 3964 |
administrators and for child-care staff members; | 3965 |
(22) Procedures for granting a parent who is the residential | 3966 |
parent and legal custodian, or a custodian or guardian access to | 3967 |
the type A home during its hours of operation; | 3968 |
(23) Standards for the preparation and distribution of a | 3969 |
roster of parents, custodians, and guardians; | 3970 |
(24) Any other procedures and standards necessary to carry | 3971 |
out this chapter. | 3972 |
(G) The director of job and family services shall adopt rules | 3973 |
pursuant to Chapter 119. of the Revised Code governing the | 3974 |
certification of type B family day-care homes. | 3975 |
(1) The rules shall include procedures, standards, and other | 3976 |
necessary provisions for granting limited certification to type B | 3977 |
family day-care homes that are operated by the following adult | 3978 |
providers: | 3979 |
(a) Persons who provide child | 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 | 3985 |
children all of whom are the children of the same caretaker | 3986 |
parent. | 3987 |
The rules shall require, and shall include procedures for the | 3988 |
director to ensure, that type B family day-care homes that receive | 3989 |
a limited certification
provide child | 3990 |
a safe and sanitary manner. With regard to providers who apply for | 3991 |
limited certification, a provider shall be granted a provisional | 3992 |
limited certification on signing a declaration under oath | 3993 |
attesting that the provider meets the standards for limited | 3994 |
certification. Such provisional limited certifications shall | 3995 |
remain in effect for no more than sixty calendar days and shall | 3996 |
entitle the provider to offer publicly
funded child | 3997 |
during the provisional period. Except as otherwise provided in | 3998 |
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) of | 4009 |
this section or a person described in division (G)(1)(b) of this | 4010 |
section who is a friend of the caretaker parent, the provider and | 4011 |
the caretaker parent may verify in writing to the county | 4012 |
department of job and family services that minimum health and | 4013 |
safety
requirements are being met in the home. | 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 such | 4016 |
verification is provided, the county shall waive any inspection | 4017 |
4018 | |
limited certification to the provider. | 4019 |
(2) The rules shall provide for safeguarding the health, | 4020 |
safety, and welfare of children receiving child | 4021 |
publicly funded child | 4022 |
shall include the following: | 4023 |
(a) Standards for ensuring that the type B home and the | 4024 |
physical surroundings of the type B home are safe and sanitary, | 4025 |
including, but not limited to, physical environment, physical | 4026 |
plant, and equipment; | 4027 |
(b) Standards for the supervision, care, and discipline of | 4028 |
children receiving child | 4029 |
4030 |
(c) Standards for a program of activities, and for play | 4031 |
equipment, materials, and supplies to enhance the development of | 4032 |
each child; however, any educational curricula, philosophies, and | 4033 |
methodologies that are developmentally appropriate and that | 4034 |
enhance the social, emotional, intellectual, and physical | 4035 |
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 sick | 4038 |
children, procedures for discipline and supervision of children, | 4039 |
nutritional standards, and procedures for screening children and | 4040 |
authorized providers, including, but not limited to, any necessary | 4041 |
physical examinations and immunizations; | 4042 |
(e) Methods of encouraging parental participation and | 4043 |
ensuring that the rights of children, parents, and authorized | 4044 |
providers are protected and the responsibilities of parents and | 4045 |
authorized providers are met; | 4046 |
(f) Standards for the safe transport of children when under | 4047 |
the care of authorized providers; | 4048 |
(g) Procedures for issuing, renewing, denying, refusing to | 4049 |
renew, or revoking certificates; | 4050 |
(h) Procedures for the inspection of type B family day-care | 4051 |
homes that require, at a minimum, that each type B family day-care | 4052 |
home be inspected prior to certification to ensure that the home | 4053 |
is safe and sanitary; | 4054 |
(i) Procedures for record keeping and evaluation; | 4055 |
(j) Procedures for receiving, recording, and responding to | 4056 |
complaints; | 4057 |
(k) Standards providing for the special needs of children who | 4058 |
are handicapped or who receive treatment for health conditions | 4059 |
while the child is receiving child | 4060 |
funded
child | 4061 |
(l) Requirements for the amount of usable indoor floor space | 4062 |
for each child; | 4063 |
(m) Requirements for safe outdoor play space; | 4064 |
(n) Qualification and training requirements for authorized | 4065 |
providers; | 4066 |
(o) Procedures for granting a parent who is the residential | 4067 |
parent and legal custodian, or a custodian or guardian access to | 4068 |
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 necessary | 4074 |
provisions for granting limited certification to in-home aides who | 4075 |
provide child | 4076 |
great-grandchildren, grandchildren, nieces, nephews, or siblings | 4077 |
of the in-home aide or for eligible children whose caretaker | 4078 |
parent is a grandchild, child, niece, nephew, or sibling of the | 4079 |
in-home aide. The rules shall require, and shall include | 4080 |
procedures for the director to ensure, that in-home aides that | 4081 |
receive a limited certification provide child | 4082 |
children in a safe and sanitary manner. The rules shall provide | 4083 |
for safeguarding the health, safety, and welfare of children | 4084 |
receiving
publicly funded child | 4085 |
and shall include the following: | 4086 |
(1) Standards for ensuring that the child's home and the | 4087 |
physical surroundings of the child's home are safe and sanitary, | 4088 |
including, but not limited to, physical environment, physical | 4089 |
plant, and equipment; | 4090 |
(2) Standards for the supervision, care, and discipline of | 4091 |
children receiving publicly funded child | 4092 |
own home; | 4093 |
(3) Standards for a program of activities, and for play | 4094 |
equipment, materials, and supplies to enhance the development of | 4095 |
each child; however, any educational curricula, philosophies, and | 4096 |
methodologies that are developmentally appropriate and that | 4097 |
enhance the social, emotional, intellectual, and physical | 4098 |
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 for | 4101 |
discipline and supervision of children, nutritional standards, and | 4102 |
procedures for screening children and in-home aides, including, | 4103 |
but not limited to, any necessary physical examinations and | 4104 |
immunizations; | 4105 |
(5) Methods of encouraging parental participation and | 4106 |
ensuring that the rights of children, parents, and in-home aides | 4107 |
are protected and the responsibilities of parents and in-home | 4108 |
aides are met; | 4109 |
(6) Standards for the safe transport of children when under | 4110 |
the care of in-home aides; | 4111 |
(7) Procedures for issuing, renewing, denying, refusing to | 4112 |
renew, or revoking certificates; | 4113 |
(8) Procedures for inspection of homes of children receiving | 4114 |
publicly funded child | 4115 |
(9) Procedures for record keeping and evaluation; | 4116 |
(10) Procedures for receiving, recording, and responding to | 4117 |
complaints; | 4118 |
(11) Qualifications and training requirements for in-home | 4119 |
aides; | 4120 |
(12) Standards providing for the special needs of children | 4121 |
who are handicapped or who receive treatment for health conditions | 4122 |
while the child is receiving publicly funded child
| 4123 |
in the child's own home; | 4124 |
(13) Any other procedures and standards necessary to carry | 4125 |
out this chapter. | 4126 |
(I) To the extent that any rules adopted for the purposes of | 4127 |
this section require a health care professional to perform a | 4128 |
physical examination, the rules shall include as a health care | 4129 |
professional a physician assistant, a clinical nurse specialist, a | 4130 |
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 public | 4137 |
hearing, in accordance with section 119.03 of the Revised Code; | 4138 |
(c) | 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 send | 4152 |
copies of proposed rules to each authorized provider and in-home | 4153 |
aide and shall give public notice of hearings regarding the rules | 4154 |
to each authorized provider and in-home aide at least thirty days | 4155 |
prior to the date of the public hearing, in accordance with | 4156 |
section
119.03 of the Revised Code. | 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 and | 4160 |
in-home aide. | 4161 |
(4) Additional copies of proposed and adopted rules shall be | 4162 |
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 all | 4184 |
rules adopted pursuant to this chapter at least once every seven | 4185 |
years. | 4186 |
(L) Notwithstanding any provision of the Revised Code, the | 4187 |
director of job and family services shall not regulate in any way | 4188 |
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 family | 4191 |
services, as part of the process of licensure of child day-care | 4192 |
centers and type A family day-care homes, shall request the | 4193 |
superintendent of the bureau of criminal identification and | 4194 |
investigation to conduct a criminal records check with respect to | 4195 |
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 family | 4199 |
day-care home and any person eighteen years of age or older who | 4200 |
resides in a type A family day-care home. | 4201 |
(2) The director of a county department of job and family | 4202 |
services, as part of the process of certification of type B family | 4203 |
day-care homes, shall request the superintendent of the bureau of | 4204 |
criminal identification and investigation to conduct a criminal | 4205 |
records check with respect to any authorized provider of a | 4206 |
certified type B family day-care home and any person eighteen | 4207 |
years of age or older who resides in a certified type B family | 4208 |
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 director | 4232 |
of a county department of job and family services shall provide to | 4233 |
each person for whom a criminal records check is required under | 4234 |
this section a copy of the form prescribed pursuant to division | 4235 |
(C)(1) of section 109.572 of the Revised Code and a standard | 4236 |
impression sheet to obtain fingerprint impressions prescribed | 4237 |
pursuant to division (C)(2) of that section, obtain the completed | 4238 |
form and impression sheet from that person, and forward the | 4239 |
completed form and impression sheet to the superintendent of the | 4240 |
bureau of criminal identification and investigation. | 4241 |
(C) A person who receives pursuant to division (B) of this | 4242 |
section a copy of the form and standard impression sheet described | 4243 |
in that division and who is requested to complete the form and | 4244 |
provide a set of fingerprint impressions shall complete the form | 4245 |
or provide all the information necessary to complete the form and | 4246 |
shall provide the impression sheet with the impressions of the | 4247 |
person's fingerprints. If the person, upon request, fails to | 4248 |
provide the information necessary to complete the form or fails to | 4249 |
provide impressions of the person's fingerprints, the director may | 4250 |
consider the failure as a reason to deny licensure or | 4251 |
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 not | 4254 |
grant a license to a child day-care center or type A family | 4255 |
day-care home and a county director of job and family services | 4256 |
shall not certify a type B family day-care home if a person for | 4257 |
whom a criminal records check was required in connection with the | 4258 |
center or home previously has been convicted of or pleaded guilty | 4259 |
to any of the following: | 4260 |
| 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 section | 4268 |
2905.04 as it existed prior to July 1, 1996, a violation of | 4269 |
section 2919.23 of the Revised Code that would have been a | 4270 |
violation of section 2905.04 of the Revised Code as it existed | 4271 |
prior to July 1, 1996, had the violation been committed prior to | 4272 |
that date, a violation of section 2925.11 of the Revised Code that | 4273 |
is not a minor drug possession offense, or felonious sexual | 4274 |
penetration in violation of former section 2907.12 of the Revised | 4275 |
Code; | 4276 |
| 4277 |
state, any other state, or the United States that is substantially | 4278 |
equivalent to any of the offenses or violations described in | 4279 |
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 of | 4305 |
criminal identification and investigation the fee prescribed | 4306 |
pursuant to division (C)(3) of section 109.572 of the Revised Code | 4307 |
for each criminal records check conducted in accordance with that | 4308 |
section upon a request made pursuant to division (A) of this | 4309 |
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 case | 4321 |
dealing with a denial of licensure or certification related to the | 4322 |
criminal records check. | 4323 |
(G) The director of job and family services shall adopt rules | 4324 |
pursuant to Chapter 119. of the Revised Code to implement this | 4325 |
section, including rules specifying exceptions to the prohibition | 4326 |
in division (D) of this section for persons who have been | 4327 |
convicted of an offense listed in that division but who meet | 4328 |
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 in | 4331 |
section 109.572 of the Revised Code. | 4332 |
(2) "Minor drug possession offense" has the same meaning as | 4333 |
in section 2925.01 of the Revised Code. | 4334 |
Sec. 5104.015. (A) Except as otherwise provided in division | 4335 |
(C) of this section, no child day-care center shall permit any | 4336 |
person to smoke in any indoor or outdoor space that is part of the | 4337 |
center. | 4338 |
The administrator of a child day-care center shall post in a | 4339 |
conspicuous place at the main entrance of the center a notice | 4340 |
stating that smoking is prohibited in any indoor or outdoor space | 4341 |
that is part of the center, except under the conditions described | 4342 |
in division (C) of this section. | 4343 |
(B) Except as otherwise provided in division (C) of this | 4344 |
section, no type A family day-care home or certified type B family | 4345 |
day-care home shall permit any person to smoke in any indoor or | 4346 |
outdoor space that is part of the home during the hours the home | 4347 |
is in operation. Smoking may be permitted during hours other than | 4348 |
the hours of operation if the administrator or authorized provider | 4349 |
of the home has provided to a parent, custodian, or guardian of | 4350 |
each child receiving child | 4351 |
smoking occurs or may occur at the home when it is not in | 4352 |
operation. | 4353 |
The administrator of a type A family day-care home or | 4354 |
authorized provider of a certified type B family day-care home | 4355 |
shall post in a conspicuous place at the main entrance of the home | 4356 |
a notice specifying the hours the home is in operation and stating | 4357 |
that smoking is prohibited during those hours in any indoor or | 4358 |
outdoor space that is part of the home, except under the | 4359 |
conditions described in division (C) of this section. | 4360 |
(C) A child day-care center, type A family day-care home, or | 4361 |
certified type B family home may allow persons to smoke at the | 4362 |
center or home during its hours of operation if those persons | 4363 |
cannot be seen smoking by the children being cared for and if they | 4364 |
smoke in either of the following: | 4365 |
(1) An indoor area that is separately ventilated from the | 4366 |
rest of the center or home; | 4367 |
(2) An outdoor area that is so far removed from the children | 4368 |
being cared for that they cannot inhale any smoke. | 4369 |
(D) The director of job and family services, in consultation | 4370 |
with the director of health, shall adopt rules in accordance with | 4371 |
Chapter 119. of the Revised Code to implement the requirements of | 4372 |
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 is | 4379 |
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 section | 4385 |
5104.03 of the Revised Code. The current license shall be posted | 4386 |
in a conspicuous place in the center or type A home that is | 4387 |
accessible to parents, custodians, or guardians and employees of | 4388 |
the center or type A home at all times when the center or type A | 4389 |
home is in operation. | 4390 |
(B) A person, firm, institution, organization, or agency | 4391 |
operating any of the following programs is exempt from the | 4392 |
requirements of this chapter: | 4393 |
(1) A program of child | 4394 |
less consecutive weeks; | 4395 |
(2) Child | 4396 |
activities during which children are cared for while at least one | 4397 |
parent, guardian, or custodian of each child is participating in | 4398 |
such activities and is readily available; | 4399 |
(3) Religious activities which do not provide child
| 4400 |
care; | 4401 |
(4) Supervised training, instruction, or activities of | 4402 |
children in specific areas, including, but not limited to: art; | 4403 |
drama; dance; music; gymnastics, swimming, or another athletic | 4404 |
skill or sport; computers; or an educational subject conducted on | 4405 |
an organized or periodic basis no more than one day a week and for | 4406 |
no more than six hours duration; | 4407 |
(5) Programs in which the director determines that at least | 4408 |
one parent, custodian, or guardian of each child is on the | 4409 |
premises of the facility offering child | 4410 |
readily
accessible at all times, except that child | 4411 |
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 | 4415 |
regulated or operated and regulated by state departments other | 4416 |
than the department of job and family services or the state board | 4417 |
of education when the director of job and family services has | 4418 |
determined that the rules governing the program are equivalent to | 4419 |
or exceed the rules promulgated pursuant to this chapter. | 4420 |
Notwithstanding any exemption from regulation under this | 4421 |
chapter, each state department shall submit to the director of job | 4422 |
and family services a copy of the rules that govern programs that | 4423 |
provide child | 4424 |
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, preschool | 4429 |
children, or school children served by the program at one time; | 4430 |
(iii) The number of adults providing child | 4431 |
the number of infants, toddlers, preschool children, or school | 4432 |
children; | 4433 |
(iv) Any changes in the rules made subsequent to the time | 4434 |
when the rules were initially submitted to the director. | 4435 |
The director shall maintain a record of the child | 4436 |
care information submitted by other state departments and shall | 4437 |
provide this information upon request to the general assembly or | 4438 |
the public. | 4439 |
(b) Child | 4440 |
education or by chartered nonpublic schools that are conducted in | 4441 |
school
buildings and that provide child | 4442 |
children only shall be exempt from meeting or exceeding rules | 4443 |
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 | 4449 |
of the following requirements and, on October 20, 1987, was being | 4450 |
operated by a nonpublic school that holds a charter issued by the | 4451 |
state board of education for kindergarten only: | 4452 |
(a) The nonpublic school has given the notice to the state | 4453 |
board and the director of job and family services required by | 4454 |
Section 4 of Substitute House Bill No. 253 of the 117th general | 4455 |
assembly; | 4456 |
(b) The nonpublic school continues to be chartered by the | 4457 |
state board for kindergarten, or receives and continues to hold a | 4458 |
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 rules | 4461 |
promulgated by the state board under sections 3301.52 to 3301.57 | 4462 |
of the Revised Code. | 4463 |
(9) A youth development program operated outside of school | 4464 |
hours by a community-based center to which all of the following | 4465 |
apply: | 4466 |
(a) The children enrolled in the program are under nineteen | 4467 |
years of age and enrolled in or eligible to be enrolled in a grade | 4468 |
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's | 4473 |
participation in the child and adult care food program as an | 4474 |
outside-school-hours care center pursuant to standards established | 4475 |
under section 3313.813 of the Revised Code. | 4476 |
(d) The community-based center operating the program is | 4477 |
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-care | 4481 |
center or type A family day-care home shall apply for a license to | 4482 |
the director of job and family services on such form as the | 4483 |
director prescribes. The director shall provide at no charge to | 4484 |
each
applicant for licensure a copy of the | 4485 |
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 license | 4488 |
at least one hundred twenty days prior to the date of expiration | 4489 |
of the license, and the application for renewal shall be filed | 4490 |
with the director at least sixty days before the date of | 4491 |
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, the | 4497 |
director shall investigate and inspect the center or type A home | 4498 |
to determine the license capacity for each age category of | 4499 |
children of the center or type A home and to determine whether the | 4500 |
center or type A home complies with Chapter 5104. of the Revised | 4501 |
Code and rules adopted pursuant to Chapter 5104. of the Revised | 4502 |
Code. When, after investigation and inspection, the director is | 4503 |
satisfied that Chapter 5104. of the Revised Code and rules adopted | 4504 |
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 or | 4510 |
type A home at least once during operation under the provisional | 4511 |
license. If after the investigation and inspection the director | 4512 |
determines that the requirements of Chapter 5104. of the Revised | 4513 |
Code and rules adopted pursuant to Chapter 5104. of the Revised | 4514 |
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 a | 4518 |
license by the center or type A home, the director shall | 4519 |
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 name | 4526 |
of the licensee, the name of the administrator, the address of the | 4527 |
center or type A home, and the license capacity for each age | 4528 |
category of children. After July 1, 1987, the provisional license | 4529 |
or license shall include thereon, in accordance with section | 4530 |
5104.011 of the Revised Code, the toll-free telephone number to be | 4531 |
used by persons suspecting that the center or type A home has | 4532 |
violated a provision of Chapter 5104., or rules adopted pursuant | 4533 |
to Chapter 5104. of the Revised Code. A license or provisional | 4534 |
license is valid only for the licensee, administrator, address, | 4535 |
and license capacity for each age category of children designated | 4536 |
on the license. The license capacity specified on the license or | 4537 |
provisional license is the maximum number of children in each age | 4538 |
category that may be cared for in the center or type A home at one | 4539 |
time. | 4540 |
The center or type A home licensee shall notify the director | 4541 |
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 the | 4544 |
requirements of Chapter 5104. of the Revised Code and rules | 4545 |
adopted pursuant to Chapter 5104. of the Revised Code, or a change | 4546 |
in license capacity for any age category of children as determined | 4547 |
by the director of job and family services. | 4548 |
(F) If the director revokes a license or refuses to renew a | 4549 |
license to a center or a type A home, the director shall not issue | 4550 |
a license to the owner of the center or type A home within two | 4551 |
years from the date of the revocation of a license or refusal to | 4552 |
renew a license. If during the application for licensure or | 4553 |
renewal of licensure process the director determines that the | 4554 |
license of the owner has been revoked or renewal of licensure has | 4555 |
been denied, the investigation of the center or type A home shall | 4556 |
cease, and shall not constitute denial of the application. All | 4557 |
actions of the director with respect to licensing centers or type | 4558 |
A homes, renewing a license, refusal to license or renew a | 4559 |
license, and revocation of a license shall be in accordance with | 4560 |
Chapter 119. of the Revised Code. Any applicant who is denied a | 4561 |
license or any owner whose license is not renewed or is revoked | 4562 |
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 services | 4574 |
shall establish procedures to be followed in investigating, | 4575 |
inspecting, and licensing child day-care centers and type A family | 4576 |
day-care homes. | 4577 |
(B)(1)(a) The department shall, at least twice during every | 4578 |
twelve-month period of operation of a center or type A home, | 4579 |
inspect the center or type A home. The department shall inspect a | 4580 |
part-time center or part-time type A home at least once during | 4581 |
every twelve-month period of operation. The department shall | 4582 |
provide a written inspection report to the licensee within a | 4583 |
reasonable time after each inspection. The licensee shall display | 4584 |
all written reports of inspections conducted during the current | 4585 |
licensing period in a conspicuous place in the center or type A | 4586 |
home. | 4587 |
At least one inspection shall be unannounced and all | 4588 |
inspections may be unannounced. No person, firm, organization, | 4589 |
institution, or agency shall interfere with the inspection of a | 4590 |
center or type A home by any state or local official engaged in | 4591 |
performing duties required of the state or local official by | 4592 |
Chapter 5104. of the Revised Code or rules adopted pursuant to | 4593 |
Chapter 5104. of the Revised Code, including inspecting the center | 4594 |
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
| 4600 |
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 program | 4618 |
monitoring information system, it may use an indicator checklist | 4619 |
to comply with division (B)(1) of this section. | 4620 |
(3) The department shall, at least once during every | 4621 |
twelve-month period of operation of a center or type A home, | 4622 |
collect information concerning the amounts charged by the center | 4623 |
or home for
providing child | 4624 |
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 is | 4627 |
determined to be out of compliance with the requirements of | 4628 |
Chapter 5104. of the Revised Code or rules adopted pursuant to | 4629 |
Chapter 5104. of the Revised Code, the department shall notify the | 4630 |
licensee of the center or type A home in writing regarding the | 4631 |
nature of the violation, what must be done to correct the | 4632 |
violation, and by what date the correction must be made. If the | 4633 |
correction is not made by the date established by the department, | 4634 |
the department may commence action under Chapter 119. of the | 4635 |
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 applicant | 4638 |
knowingly makes a false statement on the application, does not | 4639 |
comply with the requirements of Chapter 5104. or rules adopted | 4640 |
pursuant to Chapter 5104. of the Revised Code, or has pleaded | 4641 |
guilty to or been convicted of an offense described in section | 4642 |
5104.09 of the Revised Code. | 4643 |
(E) If the department finds, after notice and hearing | 4644 |
pursuant to Chapter 119. of the Revised Code, that any person, | 4645 |
firm, organization, institution, or agency licensed under section | 4646 |
5104.03 of the Revised Code is in violation of any provision of | 4647 |
Chapter 5104. of the Revised Code or rules adopted pursuant to | 4648 |
Chapter 5104. of the Revised Code, the department may issue an | 4649 |
order of revocation to the center or type A home revoking the | 4650 |
license previously issued by the department. Upon the issuance of | 4651 |
any order of revocation, the person whose license is revoked may | 4652 |
appeal in accordance with section 119.12 of the Revised Code. | 4653 |
(F) The surrender of a center or type A home license to the | 4654 |
department or the withdrawal of an application for licensure by | 4655 |
the owner or administrator of the center or type A home shall not | 4656 |
prohibit the department from instituting any of the actions set | 4657 |
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 | 4661 |
renewed pursuant to section 5104.03 and is not exempt from | 4662 |
licensing pursuant to section 5104.02 of the Revised Code, the | 4663 |
department shall investigate the center or type A home and may | 4664 |
inspect the areas children have access to or areas necessary for | 4665 |
the care of children in the center or type A home during suspected | 4666 |
hours of operation to determine whether the center or type A home | 4667 |
is subject to the requirements of Chapter 5104. or rules adopted | 4668 |
pursuant to Chapter 5104. of the Revised Code. | 4669 |
(H) The department, upon determining that the center or type | 4670 |
A home is operating without a license, shall notify the attorney | 4671 |
general, the prosecuting attorney of the county in which the | 4672 |
center or type A home is located, or the city attorney, village | 4673 |
solicitor, or other chief legal officer of the municipal | 4674 |
corporation in which the center or type A home is located, that | 4675 |
the center or type A home is operating without a license. Upon | 4676 |
receipt of the notification, the attorney general, prosecuting | 4677 |
attorney, city attorney, village solicitor, or other chief legal | 4678 |
officer of a municipal corporation shall file a complaint in the | 4679 |
court of common pleas of the county in which the center or type A | 4680 |
home is located requesting that the court grant an order enjoining | 4681 |
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 on | 4687 |
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 | 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 in | 4704 |
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 services | 4707 |
shall provide consultation, technical assistance, and training to | 4708 |
child day-care centers and type A family day-care homes to improve | 4709 |
programs and facilities providing child
| 4710 |
but not limited to, assistance in meeting the requirements of | 4711 |
Chapter 5104. and rules adopted pursuant to Chapter 5104. of the | 4712 |
Revised Code and shall furnish information regarding child abuse | 4713 |
identification and reporting of child abuse. | 4714 |
(B) The director of job and family services shall provide | 4715 |
consultation and technical assistance to county departments of job | 4716 |
and family services to assist the departments with the | 4717 |
implementation of certification of type B family day-care home | 4718 |
providers and in-home aides. | 4719 |
Sec. 5104.07. (A) The director of job and family services | 4720 |
may prescribe additional requirements for licensing child day-care | 4721 |
centers or type A family day-care homes that provide publicly | 4722 |
funded child | 4723 |
adopted under it. The director shall develop standards as required | 4724 |
by federal laws and regulations for | 4725 |
supported by federal funds. | 4726 |
(B)(1) On or before February 28, 1992, the department of job | 4727 |
and family services shall develop a statewide plan for child | 4728 |
4729 | |
based upon the experiences of other states with respect to child | 4730 |
4731 | |
communities in
this state that have child | 4732 |
and referral service organizations, and the needs of communities | 4733 |
in
this state that do
not have child | 4734 |
referral service organizations. The plan shall be designed to | 4735 |
ensure that
child
| 4736 |
available in each county in the state to families who need child | 4737 |
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 | 4743 |
organizations. The rules shall include all of the following: | 4744 |
(a) A description of the services that a child | 4745 |
resource and referral service organization is required to provide | 4746 |
to families who need child | 4747 |
(b) The qualifications for a child | 4748 |
referral service organization; | 4749 |
(c) A description of the procedures for providing federal and | 4750 |
state funding for county or multicounty child | 4751 |
resource and referral service organizations; | 4752 |
(d) A timetable for providing child | 4753 |
and referral services to all communities in the state; | 4754 |
(e) Uniform information gathering and reporting procedures | 4755 |
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 | 4759 |
and to provide technical assistance to communities that do not | 4760 |
have child | 4761 |
organizations and to existing child | 4762 |
referral service organizations; | 4763 |
(g) Requirements governing contracts entered into under | 4764 |
division (C) of this section, which may include limits on the | 4765 |
percentage of funds distributed by the department that may be used | 4766 |
for the contracts. | 4767 |
(C) Child | 4768 |
organizations receiving funds distributed by the department may, | 4769 |
in accordance with rules adopted under division (B)(2) of this | 4770 |
section, enter into contracts with local governmental entities, | 4771 |
nonprofit organizations including nonprofit organizations that | 4772 |
provide child | 4773 |
entities,
organizations, or individuals may provide child | 4774 |
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 | 4779 |
to advise and assist the department in the administration of this | 4780 |
chapter and in
the
development of child | 4781 |
shall consist of
| 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, the | 4786 |
director of health, the director of commerce, and the state fire | 4787 |
marshal shall serve as nonvoting members of the council. | 4788 |
Six members shall be representatives of child | 4789 |
centers subject to licensing, the members to represent a variety | 4790 |
of centers, including nonprofit and proprietary, from different | 4791 |
geographical areas of the state. At least three members shall be | 4792 |
parents, guardians, or custodians of children | 4793 |
4794 | |
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 | 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 |
| 4807 |
4808 | |
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 |
shall be reimbursed for necessary expenses. | 4827 |
(B) The child care advisory council shall advise the director | 4828 |
on matters affecting the licensing of centers and type A homes and | 4829 |
the certification of type B homes and in-home aides. The council | 4830 |
shall make an
annual
report | 4831 |
4832 | |
4833 | |
4834 | |
4835 | |
director of job and family services that addresses the | 4836 |
availability, affordability, accessibility, and quality of child | 4837 |
care and that summarizes the recommendations and plans of action | 4838 |
that the council has proposed to the director during the preceding | 4839 |
fiscal year. The director of job and family services shall provide | 4840 |
copies of the report
| 4841 |
speaker and minority leader of the house of representatives, and | 4842 |
the president and minority leader of the senate and, on request, | 4843 |
4844 |
| 4845 |
4846 |
(C) The director of job and family services shall adopt rules | 4847 |
pursuant to Chapter 119. of the Revised Code to implement this | 4848 |
section. | 4849 |
Sec. 5104.081. The department of job and family services | 4850 |
shall employ at least one senior-level, full-time employee who | 4851 |
shall
manage and oversee all child | 4852 |
the authority of the department. | 4853 |
Sec. 5104.09. (A)(1) | 4854 |
pursuant to division (D) of this section: | 4855 |
(a) No individual who has been convicted of or pleaded guilty | 4856 |
to a violation of section 2903.01, 2903.02, 2903.03, 2903.04, | 4857 |
2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, 2903.34, | 4858 |
2905.01, 2905.02, 2905.04, 2905.05, 2905.11, 2907.02, 2907.03, | 4859 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, | 4860 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 4861 |
2907.323, 2909.02, 2909.03, 2909.04, 2909.05, 2911.01, 2911.02, | 4862 |
2911.11, 2911.12, 2917.01, 2917.02, 2917.03, 2917.31, 2919.12, | 4863 |
2919.24, 2919.25, 2921.03, 2921.34, 2921.35, 2923.12, 2923.13, | 4864 |
2923.161, 2919.22, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 4865 |
3716.11 of the Revised Code, a violation of section 2925.11 of the | 4866 |
Revised Code that is not a minor drug possession offense, as | 4867 |
defined in section 2925.01 of the Revised Code, felonious sexual | 4868 |
penetration in violation of former section 2907.12 of the Revised | 4869 |
Code, or a violation of an existing or former law or ordinance of | 4870 |
any municipal corporation, this state, any other state, or the | 4871 |
United States that is substantially equivalent to any of those | 4872 |
violations shall be certified as an in-home aide or be employed in | 4873 |
any capacity in or own or operate a child day-care center, type A | 4874 |
family day-care home, type B family day-care home, or certified | 4875 |
type B family day-care home. | 4876 |
(b) No individual who has been convicted of or pleaded guilty | 4877 |
to a violation of section 2913.02, 2913.03, 2913.04, 2913.041, | 4878 |
2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, | 4879 |
2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, | 4880 |
2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or | 4881 |
2923.01 of the Revised Code, a violation of section 2923.02 or | 4882 |
2923.03 of the Revised Code that relates to a crime specified in | 4883 |
this division or division (A)(1)(a) of this section, a second | 4884 |
violation of section 4511.19 of the Revised Code within five years | 4885 |
of the date of operation of the child day-care center or family | 4886 |
day-care home, or two violations of section 4511.19 of the Revised | 4887 |
Code during operation of the center or home, or a violation of an | 4888 |
existing or former law of this state, any other state, or the | 4889 |
United States that is substantially equivalent to any of those | 4890 |
violations shall own or operate a child day-care center, type A | 4891 |
family day-care home, type B family day-care home, or certified | 4892 |
type B family day-care home. | 4893 |
(2) Each employee of a child day-care center and type A home | 4894 |
and every person eighteen years of age or older residing in a type | 4895 |
A home shall sign a statement on forms prescribed by the director | 4896 |
of job and family services attesting to the fact that the employee | 4897 |
or resident person has not been convicted of or pleaded guilty to | 4898 |
any offense set forth in division (A)(1)(a) of this section and | 4899 |
that no child has been removed from the employee's or resident | 4900 |
person's home pursuant to section 2151.353 of the Revised Code. | 4901 |
Each licensee of a type A home shall sign a statement on a form | 4902 |
prescribed by the director attesting to the fact that no person | 4903 |
who resides at the type A home and who is under the age of | 4904 |
eighteen has been adjudicated a delinquent child for committing a | 4905 |
violation of any section listed in division (A)(1)(a) of this | 4906 |
section. The statements shall be kept on file at the center or | 4907 |
type A home. | 4908 |
(3) Each in-home aide | 4909 |
person eighteen years of age or older residing in a certified type | 4910 |
B home shall sign a statement on forms prescribed by the director | 4911 |
of job and family services attesting that the aide | 4912 |
resident person has not been convicted of or pleaded guilty to any | 4913 |
offense set forth in division (A)(1)(a) of this section and that | 4914 |
no
child has been
removed from the aide's | 4915 |
person's home pursuant to section 2151.353 of the Revised Code. | 4916 |
Each authorized provider shall sign a statement on forms | 4917 |
prescribed by the director attesting that the provider has not | 4918 |
been convicted of or pleaded guilty to any offense set forth in | 4919 |
division (A)(1)(a) or (b) of this section and that no child has | 4920 |
been removed from the provider's home pursuant to section 2151.353 | 4921 |
of the Revised Code. Each authorized provider shall sign a | 4922 |
statement on a form prescribed by the director attesting to the | 4923 |
fact that no person who resides at the certified type B home and | 4924 |
who is under the age of eighteen has been adjudicated a delinquent | 4925 |
child for committing a violation of any section listed in division | 4926 |
(A)(1)(a) of this section. The statements shall be kept on file at | 4927 |
the county department of job and family services. | 4928 |
(4) Each administrator and licensee of a center or type A | 4929 |
home shall sign a statement on a form prescribed by the director | 4930 |
of job and family services attesting that the administrator or | 4931 |
licensee has not been convicted of or pleaded guilty to any | 4932 |
offense set forth in division (A)(1)(a) or (b) of this section and | 4933 |
that no child has been removed from the administrator's or | 4934 |
licensee's home pursuant to section 2151.353 of the Revised Code. | 4935 |
The statement shall be kept on file at the center or type A home. | 4936 |
(B) No in-home aide, no administrator, licensee, authorized | 4937 |
provider, or employee of a center, type A home, or certified type | 4938 |
B home, and no person eighteen years of age or older residing in a | 4939 |
type A home or certified type B home shall withhold information | 4940 |
from, or falsify information on, any statement required pursuant | 4941 |
to division (A)(2), (3), or (4) of this section. | 4942 |
(C) No administrator, licensee, or child-care staff member | 4943 |
shall discriminate in the enrollment of children in a child | 4944 |
day-care center upon the basis of race, color, religion, sex, or | 4945 |
national origin. | 4946 |
(D) The director of job and family services shall adopt rules | 4947 |
pursuant to Chapter 119. of the Revised Code to implement this | 4948 |
section, including rules specifying exceptions to the prohibition | 4949 |
in division (A)(1) of this section for persons who have been | 4950 |
convicted of an offense listed in that division but meet | 4951 |
rehabilitation standards set by the department. | 4952 |
Sec. 5104.11. (A)(1) | 4953 |
certification for a type B family day-care home to provide | 4954 |
publicly funded child care shall apply for certification to the | 4955 |
county director of job and family services on such forms as the | 4956 |
director of job and family services prescribes. The county | 4957 |
director shall provide at no charge to each applicant a copy of | 4958 |
rules for certifying type B family day-care homes adopted pursuant | 4959 |
to this chapter. | 4960 |
(2) Except as provided in division (G)(1) of section 5104.011 | 4961 |
of the Revised Code, after receipt of an application for | 4962 |
certification from a type B family day-care home, the county | 4963 |
director of job and family services shall inspect the home. If it | 4964 |
complies with this chapter and any applicable rules adopted under | 4965 |
this chapter, the county department shall certify the type B | 4966 |
family
day-care home to provide
publicly funded child | 4967 |
care pursuant to this chapter and any rules adopted under it. The | 4968 |
director of job and family services or a county director of job | 4969 |
and family services may contract with a government entity or a | 4970 |
private nonprofit entity for that entity to inspect and certify | 4971 |
type B family day-care homes pursuant to this section. The county | 4972 |
department of job and family services, government entity, or | 4973 |
nonprofit entity shall conduct the inspection prior to the | 4974 |
issuance of a certificate for the type B home and, as part of that | 4975 |
inspection, ensure that the type B home is safe and sanitary. | 4976 |
| 4977 |
type B family day-care home to provide publicly funded child care | 4978 |
or for renewal of such certification, the county department shall | 4979 |
request from the public children services agency information | 4980 |
concerning any abuse or neglect report made pursuant to section | 4981 |
2151.421 of the Revised Code of which the applicant is the | 4982 |
subject. The county department shall consider any information | 4983 |
provided by the agency pursuant to section 5153.175 of the Revised | 4984 |
Code. If the county department determines that the information, | 4985 |
when viewed within the totality of the circumstances, reasonably | 4986 |
leads to the conclusion that the applicant may endanger the | 4987 |
health, safety, or welfare of children, the county department | 4988 |
shall deny the application for certification or renewal of | 4989 |
certification, or revoke the certification of an authorized | 4990 |
provider. | 4991 |
As used in division (A)(3) of this section, "public children | 4992 |
services agency" means either an entity separate from the county | 4993 |
department or the part of the county department that serves as the | 4994 |
county's public children services agency, as appropriate. | 4995 |
(4) Except as provided in division (A) | 4996 |
an authorized provider of a type B family day-care home that | 4997 |
receives a certificate pursuant to this section to provide | 4998 |
publicly funded child | 4999 |
and is not an employee of the county department of job and family | 5000 |
services that issues the certificate. | 5001 |
| 5002 |
determinations concerning the employment of an authorized provider | 5003 |
of a type B family day-care home that receives a certificate | 5004 |
pursuant to this section shall be determined under Chapter 4141. | 5005 |
of the Revised Code. | 5006 |
(B) | 5007 |
5008 | |
5009 | |
5010 | |
5011 | |
5012 | |
5013 |
| 5014 |
determines that the type B family day-care home complies with this | 5015 |
chapter and any rules adopted under it, the county director shall | 5016 |
issue to the provider a certificate to provide publicly funded | 5017 |
child | 5018 |
unless revoked earlier. The county director may revoke the | 5019 |
certificate after determining that revocation is necessary. The | 5020 |
authorized provider shall post the certificate in a conspicuous | 5021 |
place in the certified type B home that is accessible to parents, | 5022 |
custodians, or guardians at all times. The certificate shall state | 5023 |
the name and address of the authorized provider, the maximum | 5024 |
number of children who may be cared for at any one time in the | 5025 |
certified type B home, the expiration date of the certification, | 5026 |
and the name and telephone number of the county director who | 5027 |
issued the certificate. | 5028 |
| 5029 |
type B family day-care home at least twice within each | 5030 |
twelve-month period of the operation of the certified type B home. | 5031 |
A minimum of one inspection shall be unannounced and all | 5032 |
inspections may be unannounced. Upon receipt of a complaint, the | 5033 |
county director
shall investigate | 5034 |
type B home, and division (C)(2) of this section applies regarding | 5035 |
the complaint. The authorized provider shall permit the county | 5036 |
director to inspect any part of the certified type B home. The | 5037 |
county director shall prepare a written inspection report and | 5038 |
furnish one copy to the authorized provider within a reasonable | 5039 |
time after the inspection. | 5040 |
(2) Upon receipt of a complaint as described in division | 5041 |
(C)(1) of this section, in addition to the investigation that is | 5042 |
required under that division, both of the following apply: | 5043 |
(a) If the complaint alleges that a child suffered physical | 5044 |
harm while receiving child care at the certified type B family | 5045 |
day-care home or that the noncompliance with law or act alleged in | 5046 |
the complaint involved, resulted in, or poses a substantial risk | 5047 |
of physical harm to a child receiving child care at the home, the | 5048 |
county director shall inspect the home. | 5049 |
(b) If division (C)(2)(a) of this section does not apply | 5050 |
regarding the complaint, the county director may inspect the | 5051 |
certified type B family day-care home. | 5052 |
(3) Division (C)(2) of this section does not limit, restrict, | 5053 |
or negate any duty of the county director to inspect a certified | 5054 |
type B family day-care home that otherwise is imposed under this | 5055 |
section, or any authority of the county director to inspect a home | 5056 |
that otherwise is granted under this section when the county | 5057 |
director believes the inspection is necessary and it is permitted | 5058 |
under the grant. | 5059 |
| 5060 |
accordance with rules adopted pursuant to section 5104.052 of the | 5061 |
Revised Code regarding fire safety and fire prevention, shall | 5062 |
inspect each type B home that applies to be certified that is | 5063 |
providing
or is to provide publicly funded child | 5064 |
| 5065 |
job and family services to type A family day-care home providers, | 5066 |
type B family day-care home providers, in-home aides, persons who | 5067 |
desire to be type A family day-care home providers, type B family | 5068 |
day-care home providers, or in-home aides, and caretaker parents | 5069 |
shall be written at no higher than the sixth grade reading level. | 5070 |
The department may employ a readability expert to verify its | 5071 |
compliance with this division. | 5072 |
Sec. 5104.12. (A) The county director of job and family | 5073 |
services may certify in-home aides to provide publicly funded | 5074 |
child
| 5075 |
under it. Any in-home aide who receives a certificate pursuant to | 5076 |
this
section to provide publicly funded child | 5077 |
independent contractor and is not an employee of the county | 5078 |
department of job and family services that issues the certificate. | 5079 |
(B) Every person desiring to receive certification as an | 5080 |
in-home aide shall apply for certification to the county director | 5081 |
of job and family services on such forms as the director of job | 5082 |
and family services prescribes. The county director shall provide | 5083 |
at no charge to each applicant a copy of rules for certifying | 5084 |
in-home aides adopted pursuant to this chapter. | 5085 |
(C) If the county director of job and family services | 5086 |
determines that public funds are available and that the person | 5087 |
complies with this chapter and any rules adopted under it, the | 5088 |
county director shall certify the person as an in-home aide and | 5089 |
issue the person a certificate to provide publicly funded child | 5090 |
5091 | |
the certificate after determining that revocation is necessary. | 5092 |
The county director shall furnish a copy of the certificate to the | 5093 |
parent, custodian, or guardian. The certificate shall state the | 5094 |
name and address of the in-home aide, the expiration date of the | 5095 |
certification, and the name and telephone number of the county | 5096 |
director who issued the certificate. | 5097 |
(D)(1) The county director of job and family services shall | 5098 |
inspect every home of a child who is receiving publicly funded | 5099 |
child
| 5100 |
is providing the services. Inspections may be unannounced. Upon | 5101 |
receipt of a complaint, the county director shall investigate the | 5102 |
in-home aide | 5103 |
child who is receiving publicly funded child | 5104 |
child's own home, and division (D)(2) of this section applies | 5105 |
regarding the complaint. The caretaker parent shall permit the | 5106 |
county director to inspect any part of the child's home. The | 5107 |
county director shall prepare a written inspection report and | 5108 |
furnish one copy each to the in-home aide and the caretaker parent | 5109 |
within a reasonable time after the inspection. | 5110 |
(2) Upon receipt of a complaint as described in division | 5111 |
(D)(1) of this section, in addition to the investigations that are | 5112 |
required under that division, both of the following apply: | 5113 |
(a) If the complaint alleges that a child suffered physical | 5114 |
harm while receiving publicly funded child care in the child's own | 5115 |
home from an in-home aide or that the noncompliance with law or | 5116 |
act alleged in the complaint involved, resulted in, or poses a | 5117 |
substantial risk of physical harm to a child receiving publicly | 5118 |
funded child care in the child's own home from an in-home aide, | 5119 |
the county director shall inspect the home of the child. | 5120 |
(b) If division (D)(2)(a) of this section does not apply | 5121 |
regarding the complaint, the county director may inspect the home | 5122 |
of the child. | 5123 |
(3) Division (D)(2) of this section does not limit, restrict, | 5124 |
or negate any duty of the county director to inspect a home of a | 5125 |
child who is receiving publicly funded child care from an in-home | 5126 |
aide that otherwise is imposed under this section, or any | 5127 |
authority of the county director to inspect such a home that | 5128 |
otherwise is granted under this section when the county director | 5129 |
believes the inspection is necessary and it is permitted under the | 5130 |
grant. | 5131 |
Sec. 5104.30. (A) The department of job and family services | 5132 |
is hereby designated as the state agency responsible for | 5133 |
administration and coordination of federal and state funding for | 5134 |
publicly funded child | 5135 |
child | 5136 |
(1) Recipients of transitional child | 5137 |
provided under section 5104.34 of the Revised Code; | 5138 |
(2) Participants in the Ohio works first program established | 5139 |
under Chapter 5107. of the Revised Code; | 5140 |
(3) Individuals who would be participating in the Ohio works | 5141 |
first program if not for a sanction under section 5107.16 of the | 5142 |
Revised Code and who continue to participate in a work activity, | 5143 |
developmental activity, or alternative work activity pursuant to | 5144 |
an assignment under section 5107.42 of the Revised Code; | 5145 |
(4) A family receiving publicly funded child | 5146 |
October 1, 1997, until the family's income reaches one hundred | 5147 |
fifty per cent of the federal poverty line; | 5148 |
(5) Subject to available funds, other individuals determined | 5149 |
eligible in accordance with rules adopted under section 5104.38 of | 5150 |
the Revised Code. | 5151 |
The department shall apply to the United States department of | 5152 |
health and human services for authority to operate a coordinated | 5153 |
program for
publicly funded child | 5154 |
of job and family services determines that the application is | 5155 |
necessary. For purposes of this section, the department of job and | 5156 |
family services may enter into agreements with other state | 5157 |
agencies that are involved in regulation or funding of child | 5158 |
5159 | |
migrant workers when it administers and coordinates publicly | 5160 |
funded child | 5161 |
procedures for accommodating the needs of migrant workers for | 5162 |
publicly funded child | 5163 |
(B) The department of job and family services shall | 5164 |
distribute state and federal funds for publicly funded child | 5165 |
5166 | |
publicly funded child
| 5167 |
funds available under the child care block grant act, Title IV-A, | 5168 |
and Title XX. The department may use any state funds appropriated | 5169 |
for publicly
funded child | 5170 |
required to match any federal funds appropriated for publicly | 5171 |
funded child | 5172 |
(C) In the use of federal funds available under the child | 5173 |
care block grant act, all of the following apply: | 5174 |
(1) The department may use the federal funds to hire staff to | 5175 |
prepare any rules required under this chapter and to administer | 5176 |
and coordinate federal and state funding for publicly funded child | 5177 |
5178 |
(2) Not more than five per cent of the aggregate amount of | 5179 |
the federal funds received for a fiscal year may be expended for | 5180 |
administrative costs. | 5181 |
(3) The department shall allocate and use at least four per | 5182 |
cent of the federal funds for the following: | 5183 |
(a) Activities designed to provide comprehensive consumer | 5184 |
education to parents and the public; | 5185 |
(b) Activities that increase parental choice; | 5186 |
(c) Activities, including child | 5187 |
referral services, designed to improve the quality, and increase | 5188 |
the supply, of child | 5189 |
(4) The department shall ensure that the federal funds will | 5190 |
be used only to supplement, and will not be used to supplant, | 5191 |
federal, state, and local funds available on the effective date of | 5192 |
the child care block grant
act for publicly funded child | 5193 |
care and related programs. A county department of job and family | 5194 |
services may purchase child | 5195 |
through any other means. | 5196 |
(D) The department shall encourage the development of | 5197 |
suitable child | 5198 |
areas with high concentrations of recipients of public assistance | 5199 |
and families with low incomes. The department shall encourage the | 5200 |
development of suitable child | 5201 |
accommodate the special needs of migrant workers. On request, the | 5202 |
department, through its employees or contracts with state or | 5203 |
community child | 5204 |
organizations, shall provide consultation to groups and | 5205 |
individuals interested in developing child | 5206 |
department of job and family services may enter into interagency | 5207 |
agreements with the department of education, the board of regents, | 5208 |
the department of development, and other state agencies and | 5209 |
entities whenever the cooperative efforts of the other state | 5210 |
agencies and entities are necessary for the department of job and | 5211 |
family services to fulfill its duties and responsibilities under | 5212 |
this chapter. | 5213 |
The department | 5214 |
persons providing
child | 5215 |
adopt rules pursuant to Chapter 119. of the Revised Code | 5216 |
establishing procedures and requirements for the registry's | 5217 |
administration. | 5218 |
(E)(1) The director shall adopt rules in accordance with | 5219 |
Chapter 119. of the Revised Code establishing both of the | 5220 |
following: | 5221 |
(a) Reimbursement ceilings for providers of publicly funded | 5222 |
child | 5223 |
(b) A procedure for reimbursing and paying providers of | 5224 |
publicly funded child | 5225 |
(2) In establishing reimbursement ceilings under division | 5226 |
(E)(1)(a) of this section, the director shall do all of the | 5227 |
following: | 5228 |
(a) Use the information obtained under division (B)(3) of | 5229 |
section 5104.04 of the Revised Code; | 5230 |
(b) Establish an enhanced reimbursement ceiling for providers | 5231 |
who provide
child | 5232 |
nontraditional hours; | 5233 |
(c) For a type B family day-care home provider that has | 5234 |
received limited certification pursuant to rules adopted under | 5235 |
division (G)(1) of section 5104.011 of the Revised Code, establish | 5236 |
a reimbursement ceiling that is the following: | 5237 |
(i) If the provider is a person described in division | 5238 |
(G)(1)(a) of section 5104.011 of the Revised Code, seventy-five | 5239 |
per cent of the reimbursement ceiling that applies to a type B | 5240 |
family day-care home certified by the same county department of | 5241 |
job and family services pursuant to section 5104.11 of the Revised | 5242 |
Code; | 5243 |
(ii) If the provider is a person described in division | 5244 |
(G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent | 5245 |
of the reimbursement ceiling that applies to a type B family | 5246 |
day-care home certified by the same county department pursuant to | 5247 |
section 5104.11 of the Revised Code. | 5248 |
(3) In establishing reimbursement ceilings under division | 5249 |
(E)(1)(a) of this section, the director may establish different | 5250 |
reimbursement ceilings based on any of the following: | 5251 |
(a) Geographic location of the provider; | 5252 |
(b) Type of care provided; | 5253 |
(c) Age of the child served; | 5254 |
(d) Special needs of the child served; | 5255 |
(e) Whether the expanded hours of service are provided; | 5256 |
(f) Whether weekend service is provided; | 5257 |
(g) Whether the provider has exceeded the minimum | 5258 |
requirements of state statutes and rules governing child | 5259 |
care; | 5260 |
(h) Any other factors the director considers appropriate. | 5261 |
Sec. 5104.301. A county department of job and family | 5262 |
services may establish a program to encourage the organization of | 5263 |
parent cooperative child day-care centers and parent cooperative | 5264 |
type A family day-care homes for recipients of publicly funded | 5265 |
child | 5266 |
include any of the following: | 5267 |
(A) Recruitment of parents interested in organizing a parent | 5268 |
cooperative child day-care center or parent cooperative type A | 5269 |
family day-care home; | 5270 |
(B) Provision of technical assistance in organizing a parent | 5271 |
cooperative child day-care center or parent cooperative type A | 5272 |
family day-care home; | 5273 |
(C) Assistance in the developing, conducting, and | 5274 |
disseminating training for parents interested in organizing a | 5275 |
parent cooperative child day-care center or parent cooperative | 5276 |
type A family day-care home. | 5277 |
A county department that implements a program under this | 5278 |
section shall receive from funds available under the child care | 5279 |
block grant act a five thousand dollar incentive payment for each | 5280 |
parent cooperative child day-care center or parent cooperative | 5281 |
type A family day-care home organized pursuant to this section. | 5282 |
Parents of children enrolled in a parent cooperative child | 5283 |
day-care center or parent cooperative type A family day-care home | 5284 |
pursuant to this section shall be required to work in the center | 5285 |
or home a minimum of four hours per week. | 5286 |
The director of job and family services shall adopt rules | 5287 |
governing the establishment and operation of programs under this | 5288 |
section. | 5289 |
Sec. 5104.31. Publicly funded child | 5290 |
provided only by the following: | 5291 |
(A) A child day-care center or type A family day-care home, | 5292 |
including a parent cooperative child day-care center or parent | 5293 |
cooperative type A family day-care home, licensed by the | 5294 |
department of job and family services pursuant to section 5104.03 | 5295 |
of the Revised Code; | 5296 |
(B) A type B family day-care home certified by the county | 5297 |
department of job and family services pursuant to section 5104.11 | 5298 |
of the Revised Code; | 5299 |
(C) A type B family day-care home that has received a limited | 5300 |
certification pursuant to rules adopted under division (G)(1) of | 5301 |
section 5104.011 of the Revised Code; | 5302 |
(D) An in-home aide who has been certified by the county | 5303 |
department of job and family services pursuant to section 5104.12 | 5304 |
of the Revised Code; | 5305 |
(E) A child day camp approved pursuant to section 5104.22 of | 5306 |
the Revised Code; | 5307 |
(F) A licensed preschool program; | 5308 |
(G) A licensed school child program; | 5309 |
(H) A border state child | 5310 |
a border
state child | 5311 |
funded child | 5312 |
Ohio county that borders the state in which the provider is | 5313 |
located. | 5314 |
Sec. 5104.32. (A) Except as provided in division (C) of this | 5315 |
section, all purchases of publicly funded child
| 5316 |
shall be made under a contract entered into by a licensed child | 5317 |
day-care center, licensed type A family day-care home, certified | 5318 |
type B family day-care home, certified in-home aide, approved | 5319 |
child day camp, licensed preschool program, licensed school child | 5320 |
program, or border state child | 5321 |
county department of job and family services. A county department | 5322 |
of job and family services may enter into a contract with a | 5323 |
provider for
publicly funded child | 5324 |
period of time or upon a continuous basis for an unspecified | 5325 |
period of time. All
contracts for publicly funded
child | 5326 |
care shall be contingent upon the availability of state and | 5327 |
federal funds. The department of job and family services shall | 5328 |
prescribe a standard form to be used for all contracts for the | 5329 |
purchase of publicly funded child
| 5330 |
source of public funds used to
purchase the child | 5331 |
To the extent permitted by federal law and notwithstanding any | 5332 |
other provision of the Revised Code that regulates state or county | 5333 |
contracts or contracts involving the expenditure of state, county, | 5334 |
or federal funds, all contracts
for publicly funded child
| 5335 |
care shall be entered into in accordance with the provisions of | 5336 |
this chapter and are exempt from any other provision of the | 5337 |
Revised Code that regulates state or county contracts or contracts | 5338 |
involving the expenditure of state, county, or federal funds. | 5339 |
(B) Each contract for publicly funded child | 5340 |
shall specify at least the following: | 5341 |
(1) That the provider of publicly funded child | 5342 |
agrees to be paid for rendering services at the lowest of the rate | 5343 |
customarily charged by the provider for children enrolled for | 5344 |
child | 5345 |
established pursuant to section 5104.30 of the Revised Code, or a | 5346 |
rate the county department negotiates with the provider; | 5347 |
(2) That, if a provider provides child | 5348 |
individual potentially eligible for publicly funded child
| 5349 |
care who is subsequently determined to be eligible, the county | 5350 |
department agrees to pay for all child | 5351 |
between the date the county department receives the individual's | 5352 |
completed application and the date the individual's eligibility is | 5353 |
determined; | 5354 |
(3) Whether the county department of job and family services, | 5355 |
the provider, or a child | 5356 |
service organization will make eligibility determinations, whether | 5357 |
the
provider or a child | 5358 |
service organization will be required to collect information to be | 5359 |
used by the county department to make eligibility determinations, | 5360 |
and
the
time period within which the provider or child | 5361 |
care resource and referral service organization is required to | 5362 |
complete required eligibility determinations or to transmit to the | 5363 |
county department any information collected for the purpose of | 5364 |
making eligibility determinations; | 5365 |
(4) That the provider, other than a border state child | 5366 |
5367 | |
section 3301.37 of the Revised Code, shall continue to be | 5368 |
licensed, approved, or certified pursuant to this chapter and | 5369 |
shall comply with all standards and other requirements in this | 5370 |
chapter and in rules adopted pursuant to this chapter for | 5371 |
maintaining the provider's license, approval, or certification; | 5372 |
(5) That, in the case of a border state child | 5373 |
provider, the provider shall continue to be licensed, certified, | 5374 |
or otherwise approved by the state in which the provider is | 5375 |
located and shall comply with all standards and other requirements | 5376 |
established by that state for maintaining the provider's license, | 5377 |
certificate, or other approval; | 5378 |
(6) Whether the provider will be paid by the county | 5379 |
department of job and family services or the state department of | 5380 |
job and family services; | 5381 |
(7) That the contract is subject to the availability of state | 5382 |
and federal funds. | 5383 |
(C) Unless specifically prohibited by federal law, the county | 5384 |
department of job and family services shall give individuals | 5385 |
eligible for publicly funded child | 5386 |
obtaining certificates for payment that the individual may use to | 5387 |
purchase services from any provider qualified to provide publicly | 5388 |
funded child | 5389 |
Code. Providers
of publicly funded child | 5390 |
these certificates for payment for reimbursement in accordance | 5391 |
with rules that the director of job and family services shall | 5392 |
adopt. Only providers may receive reimbursement for certificates | 5393 |
for payment. The value of the certificate for payment shall be | 5394 |
based on the lowest of the rate customarily charged by the | 5395 |
provider, the reimbursement ceiling or rate of payment established | 5396 |
pursuant to section 5104.30 of the Revised Code, or a rate the | 5397 |
county department negotiates with the provider. The county | 5398 |
department may provide the certificates for payment to the | 5399 |
individuals or may contract with
child | 5400 |
child
| 5401 |
that make determinations of eligibility for publicly funded child | 5402 |
5403 | |
5104.34 of the Revised Code for the providers or resource and | 5404 |
referral service organizations to provide the certificates for | 5405 |
payment to individuals whom they determine are eligible for | 5406 |
publicly funded
child | 5407 |
For each six-month period a provider of publicly funded child | 5408 |
5409 | |
of an individual given certificates for payment, the individual | 5410 |
shall provide the provider certificates for days the provider | 5411 |
would have
provided publicly funded child | 5412 |
child had the child been present. County departments shall specify | 5413 |
the maximum number of days providers will be provided certificates | 5414 |
of payment for days the provider would have provided publicly | 5415 |
funded child
| 5416 |
number of days shall not exceed ten days in a six-month period | 5417 |
during
which
publicly funded child | 5418 |
the child regardless of the number of providers that provide | 5419 |
publicly funded
child
| 5420 |
period. | 5421 |
Sec. 5104.33. (A) The department of job and family services | 5422 |
shall prescribe an application form for use in making eligibility | 5423 |
determinations for publicly funded child | 5424 |
shall be as brief and simple as practicable. | 5425 |
(B) In administering the process of applying for publicly | 5426 |
funded child | 5427 |
family services shall implement policies designed to ensure that | 5428 |
the application process is as accessible to the public as | 5429 |
possible. These policies shall include making the application | 5430 |
forms available at appropriate locations selected by the county | 5431 |
department and making arrangements that enable applicants to | 5432 |
complete the application process at times outside their normal | 5433 |
working hours, and at locations, convenient for them. The | 5434 |
arrangements may include stationing certain of their employees at | 5435 |
various sites in the county for the purpose of assisting | 5436 |
applicants in completing the application process and of making | 5437 |
eligibility determinations at those locations. The arrangements | 5438 |
may also include providing training and technical assistance to | 5439 |
appropriate entities that qualify them to provide assistance in | 5440 |
completing the application process and, to the extent permitted by | 5441 |
federal law, to make eligibility determinations. | 5442 |
Each county department of job and family services shall | 5443 |
submit to the department of job and family services for approval | 5444 |
its plan for ensuring that the application process is as | 5445 |
accessible to the public as possible and complies with this | 5446 |
division. The county department shall make any changes to its plan | 5447 |
that the department determines are necessary for compliance with | 5448 |
this division and with any state standards adopted for the | 5449 |
administration of this division. | 5450 |
Sec. 5104.34. (A)(1) Each county department of job and | 5451 |
family services shall implement procedures for making | 5452 |
determinations of
eligibility for publicly funded child | 5453 |
care. Under those procedures, the eligibility determination for | 5454 |
each applicant shall be made no later than thirty calendar days | 5455 |
from the date the county department receives a completed | 5456 |
application for
publicly funded child | 5457 |
applicant shall be notified promptly of the results of the | 5458 |
eligibility determination. An applicant aggrieved by a decision or | 5459 |
delay in making an eligibility determination may appeal the | 5460 |
decision or delay to the department of job and family services in | 5461 |
accordance with section 5101.35 of the Revised Code. The due | 5462 |
process rights of applicants shall be protected. | 5463 |
To the extent permitted by federal law, the county department | 5464 |
may make all determinations of eligibility for publicly funded | 5465 |
child | 5466 |
providers or child | 5467 |
organizations for the providers or resource and referral service | 5468 |
organizations to make all or any part of the determinations, and | 5469 |
may contract with child | 5470 |
care resource and referral service organizations for the providers | 5471 |
or resource and referral service organizations to collect | 5472 |
specified information for use by the county department in making | 5473 |
determinations. If a county department contracts with a child | 5474 |
5475 | |
referral service organization for eligibility determinations or | 5476 |
for the collection of information, the contract shall require the | 5477 |
provider or resource and referral service organization to make | 5478 |
each eligibility determination no later than thirty calendar days | 5479 |
from the date the provider or resource and referral organization | 5480 |
receives a completed application that is the basis of the | 5481 |
determination and to collect and transmit all necessary | 5482 |
information to the county department within a period of time that | 5483 |
enables the county department to make each eligibility | 5484 |
determination no later than thirty days after the filing of the | 5485 |
application that is the basis of the determination. | 5486 |
The county department may station employees of the department | 5487 |
in various locations throughout the county to collect information | 5488 |
relevant to applications for publicly funded child | 5489 |
and to make eligibility determinations. The county department, | 5490 |
child
| 5491 |
referral service organization shall make each determination of | 5492 |
eligibility
for publicly funded child | 5493 |
thirty days after the filing of the application that is the basis | 5494 |
of the determination, shall make each determination in accordance | 5495 |
with any relevant rules adopted pursuant to section 5104.38 of the | 5496 |
Revised Code, and shall notify promptly each applicant for | 5497 |
publicly funded child | 5498 |
determination of the applicant's eligibility. | 5499 |
The director of job and family services shall adopt rules in | 5500 |
accordance with Chapter 119. of the Revised Code for monitoring | 5501 |
the eligibility determination process. In accordance with those | 5502 |
rules, the state department shall monitor eligibility | 5503 |
determinations made by county departments of job and family | 5504 |
services and shall direct any entity that is not in compliance | 5505 |
with this division or any rule adopted under this division to | 5506 |
implement corrective action specified by the department. | 5507 |
(2) All eligibility determinations for publicly funded child | 5508 |
5509 | |
pursuant to division (A) of section 5104.38 of the Revised Code | 5510 |
and, if a county department of job and family services specifies, | 5511 |
pursuant to rules adopted under division (B) of that section, a | 5512 |
maximum amount of income a family may have to be eligible for | 5513 |
publicly
funded child | 5514 |
by the
county department. Publicly funded child | 5515 |
be provided only to eligible infants, toddlers, preschool | 5516 |
children, and school children under age thirteen. For an applicant | 5517 |
to be eligible for publicly funded child | 5518 |
caretaker parent must be employed or participating in a program of | 5519 |
education or training for an amount of time reasonably related to | 5520 |
the time that the parent's children are receiving publicly funded | 5521 |
child | 5522 |
whose children are eligible for
protective | 5523 |
Subject to available funds, a county department of job and | 5524 |
family services shall allow a family to receive publicly funded | 5525 |
child | 5526 |
income eligibility limit. Initial and continued eligibility for | 5527 |
publicly funded child | 5528 |
unless the family is receiving
child | 5529 |
division (A)(1), (2), (3), or (4) of section 5104.30 of the | 5530 |
Revised Code. If the county department must limit eligibility due | 5531 |
to lack of available funds, it shall give first priority for | 5532 |
publicly funded
child | 5533 |
income is not more than the maximum income eligibility limit that | 5534 |
received transitional
child | 5535 |
but is no longer eligible because the twelve-month period has | 5536 |
expired. Such an assistance group shall continue to receive | 5537 |
priority for publicly funded child | 5538 |
exceeds the maximum income eligibility limit. | 5539 |
(3) An assistance group that ceases to participate in the | 5540 |
Ohio works first program established under Chapter 5107. of the | 5541 |
Revised Code is eligible for
transitional
child | 5542 |
any time during the immediately following twelve-month period that | 5543 |
both of the following apply: | 5544 |
(a) The assistance group requires child | 5545 |
employment; | 5546 |
(b) The assistance group's income is not more than one | 5547 |
hundred fifty per cent of the federal poverty line. | 5548 |
An assistance group ineligible to participate in the Ohio | 5549 |
works first program pursuant to section 5101.83 or section 5107.16 | 5550 |
of the Revised Code is not eligible for transitional child | 5551 |
5552 |
(B) To the extent permitted by federal law, a county | 5553 |
department of job and family services may require a caretaker | 5554 |
parent determined to be eligible for publicly funded child | 5555 |
5556 | |
established in rules adopted under section 5104.38 of the Revised | 5557 |
Code. Each county department
shall make protective | 5558 |
care services available to children without regard to the income | 5559 |
or assets of the caretaker parent of the child. | 5560 |
(C) A caretaker parent receiving publicly funded child | 5561 |
5562 | |
eligibility any changes in status with respect to employment or | 5563 |
participation in a program of education or training not later than | 5564 |
ten calendar days after the change occurs. | 5565 |
(D) If a county department of job and family services | 5566 |
determines that available resources are not sufficient to provide | 5567 |
publicly
funded child | 5568 |
request it, the county department may establish a waiting list. A | 5569 |
county department may establish separate waiting lists within the | 5570 |
waiting list based on income. When resources become available to | 5571 |
provide publicly funded child | 5572 |
waiting list, a county department that establishes a waiting list | 5573 |
shall assess the needs of the next family scheduled to receive | 5574 |
publicly funded child | 5575 |
demonstrates that the family continues to need and is eligible for | 5576 |
publicly funded child
| 5577 |
offer it to the family. If the county department determines that | 5578 |
the family is no longer eligible or no longer needs publicly | 5579 |
funded child | 5580 |
family from the waiting list. | 5581 |
(E) As used in this section, "maximum income eligibility | 5582 |
limit" means the amount of income specified in rules adopted under | 5583 |
division (A) of section 5104.38 of the Revised Code or, if a | 5584 |
county department of job and family services specifies a higher | 5585 |
amount pursuant to rules adopted under division (B) of that | 5586 |
section, the amount the county department specifies. | 5587 |
Sec. 5104.341. (A) Except as provided in division (B) of | 5588 |
this section, both of the following apply: | 5589 |
(1) An eligibility determination made under section 5104.34 | 5590 |
of the
Revised Code for publicly funded child | 5591 |
valid for one year; | 5592 |
(2) The county department of job and family services shall | 5593 |
redetermine the appropriate level of a fee charged under division | 5594 |
(B) of section 5104.34 of the Revised Code every six months during | 5595 |
the one-year period, unless a caretaker parent requests that the | 5596 |
fee be reduced due to changes in income, family size, or both and | 5597 |
the county department of job and family services approves the | 5598 |
reduction. | 5599 |
(B) Division (A) of this section does not apply in either of | 5600 |
the following circumstances: | 5601 |
(1) The publicly funded child | 5602 |
division (B)(4) of section 5104.35 of the Revised Code; | 5603 |
(2) The recipient of the publicly funded child | 5604 |
ceases to
be eligible for publicly funded child | 5605 |
Sec. 5104.35. (A) The county department of job and family | 5606 |
services shall do all of the following: | 5607 |
(1) Accept any gift, grant, or other funds from either public | 5608 |
or private sources offered unconditionally or under conditions | 5609 |
which are, in the judgment of the department, proper and | 5610 |
consistent with this chapter and deposit the funds in the county | 5611 |
public assistance fund established by section 5101.161 of the | 5612 |
Revised Code; | 5613 |
(2) Recruit individuals and groups interested in | 5614 |
certification as in-home aides or in developing and operating | 5615 |
suitable licensed child day-care centers, type A family day-care | 5616 |
homes, or certified type B family day-care homes, especially in | 5617 |
areas with high concentrations of recipients of public assistance, | 5618 |
and for that purpose provide consultation to interested | 5619 |
individuals and groups on request; | 5620 |
(3) Inform clients of the availability of child | 5621 |
services; | 5622 |
(4) Pay to a child day-care center, type A family day-care | 5623 |
home, certified type B family day-care home, in-home aide, | 5624 |
approved child day camp, licensed preschool program, licensed | 5625 |
school child program, or border state child | 5626 |
for child | 5627 |
division (B) of section 5104.32 of the Revised Code. If part of | 5628 |
the cost of care of a child is paid by the child's parent or any | 5629 |
other person, the amount paid shall be subtracted from the amount | 5630 |
the county department pays. | 5631 |
(5) In accordance with rules adopted pursuant to section | 5632 |
5104.39 of the Revised Code, provide monthly reports to the | 5633 |
director of job and family services and the director of budget and | 5634 |
management regarding expenditures for the purchase of publicly | 5635 |
funded child | 5636 |
(B) The county department of job and family services may do | 5637 |
any of the following: | 5638 |
(1) To the extent permitted by federal law, use public child | 5639 |
5640 | |
department to accommodate the needs of working caretaker parents | 5641 |
and enable those parents to apply for publicly funded child | 5642 |
5643 |
(2) In accordance with rules adopted by the director of job | 5644 |
and family services, request a waiver of the reimbursement ceiling | 5645 |
established pursuant to section 5104.30 of the Revised Code for | 5646 |
the purpose of paying a higher rate for publicly funded child | 5647 |
5648 |
(3) To the extent permitted by federal law, use state and | 5649 |
federal funds to pay deposits and other advance payments that a | 5650 |
provider of child | 5651 |
who
receive child | 5652 |
(4) To the extent permitted by federal law, pay for up to | 5653 |
thirty days of child | 5654 |
parent is seeking employment, taking part in employment | 5655 |
orientation activities, or taking part in activities in | 5656 |
anticipation of enrollment or attendance in an education or | 5657 |
training program or activity, if the employment or education or | 5658 |
training program or activity is expected to begin within the | 5659 |
thirty-day period. | 5660 |
Sec. 5104.36. The licensee or administrator of a child | 5661 |
day-care center or type A family day-care home, the authorized | 5662 |
provider of a certified type B family day-care home, an in-home | 5663 |
aide providing child | 5664 |
administrator of an approved child day camp, and a border state | 5665 |
child | 5666 |
child, to be made available to the county department of job and | 5667 |
family services or the department of job and family services on | 5668 |
request. The record shall include all of the following: | 5669 |
(A) The name and date of birth of the child; | 5670 |
(B) The name and address of the child's caretaker parent; | 5671 |
(C) The name and address of the caretaker parent's place of | 5672 |
employment or program of education or training; | 5673 |
(D) The hours for which child | 5674 |
been provided for the child; | 5675 |
(E) Any other information required by the county department | 5676 |
of job and family services or the state department of job and | 5677 |
family services. | 5678 |
Sec. 5104.38. In addition to any other rules adopted under | 5679 |
this chapter, the director of job and family services shall adopt | 5680 |
rules in accordance with Chapter 119. of the Revised Code | 5681 |
governing financial and administrative requirements for publicly | 5682 |
funded
child | 5683 |
(A) Procedures and criteria to be used in making | 5684 |
determinations of eligibility for publicly funded child | 5685 |
care that give priority to children of families with lower incomes | 5686 |
and procedures and criteria for eligibility for publicly funded | 5687 |
protective
| 5688 |
maximum amount of income a family may have for initial and | 5689 |
continued eligibility. The maximum amount shall not exceed two | 5690 |
hundred per cent of the federal poverty line. | 5691 |
(B) Procedures under which a county department of job and | 5692 |
family services may, if the department, under division (A) of this | 5693 |
section, specifies a maximum amount of income a family may have | 5694 |
for eligibility for publicly funded child
| 5695 |
less than the maximum amount specified in that division, specify a | 5696 |
maximum amount of income a family residing in the county the | 5697 |
county department serves may have for initial and continued | 5698 |
eligibility for publicly funded child | 5699 |
than the amount specified by the department but does not exceed | 5700 |
the maximum amount specified in division (A) of this section; | 5701 |
(C) A schedule of fees requiring all eligible caretaker | 5702 |
parents to pay a fee for publicly funded child | 5703 |
according to income and family size, which shall be uniform for | 5704 |
all types of publicly
funded child | 5705 |
authorized by rule, and, to the extent permitted by federal law, | 5706 |
shall permit the use of state and federal funds to pay the | 5707 |
customary deposits and other advance payments that a provider | 5708 |
charges all children who receive child
| 5709 |
provider. The schedule of fees may not provide for a caretaker | 5710 |
parent to pay a fee that exceeds ten per cent of the parent's | 5711 |
family income. | 5712 |
(D) A formula based upon a percentage of the county's total | 5713 |
expenditures for publicly funded child | 5714 |
determining the maximum amount of state and federal funds | 5715 |
appropriated for publicly funded child | 5716 |
department may use for administrative purposes; | 5717 |
(E) Procedures to be followed by the department and county | 5718 |
departments in recruiting individuals and groups to become | 5719 |
providers of child | 5720 |
(F) Procedures to be followed in establishing state or local | 5721 |
programs designed to assist individuals who are eligible for | 5722 |
publicly funded child | 5723 |
available to them and to refer the individuals to appropriate | 5724 |
sources to obtain child | 5725 |
(G) Procedures to deal with fraud and abuse committed by | 5726 |
either recipients or providers of publicly funded child | 5727 |
care; | 5728 |
(H) Procedures for establishing a child | 5729 |
or loan program in accordance with the child care block grant act; | 5730 |
(I) Standards and procedures for applicants to apply for | 5731 |
grants and loans, and for the department to make grants and loans; | 5732 |
(J) A definition of "person who stands in loco parentis" for | 5733 |
the purposes of division (II)(1) of section 5104.01 of the Revised | 5734 |
Code; | 5735 |
(K) Procedures for a county department of job and family | 5736 |
services to follow in making eligibility determinations and | 5737 |
redeterminations for publicly funded child | 5738 |
through telephone, computer, and other means at locations other | 5739 |
than the county department; | 5740 |
(L) Any other rules necessary to carry out sections 5104.30 | 5741 |
to 5104.39 of the Revised Code. | 5742 |
Sec. 5104.382. In adopting rules under division (A) of | 5743 |
section 5104.38 of the Revised Code establishing criteria for | 5744 |
eligibility for publicly funded child | 5745 |
of job and family services may prescribe the amount, duration, and | 5746 |
scope of benefits available as publicly funded child | 5747 |
care. | 5748 |
Sec. 5104.39. (A) The director of job and family services | 5749 |
shall adopt rules in accordance with Chapter 119. of the Revised | 5750 |
Code establishing a procedure for monitoring the expenditures of | 5751 |
county departments of job and family services to ensure that | 5752 |
expenditures do not exceed the available federal and state funds | 5753 |
for publicly
funded child | 5754 |
assistance of the
office of budget and management and the | 5755 |
child care advisory council created pursuant to section 5104.08 of | 5756 |
the Revised Code, shall monitor the anticipated future | 5757 |
expenditures of county departments for publicly funded child | 5758 |
5759 | |
expenditures to available federal and state funds for publicly | 5760 |
funded child | 5761 |
that the anticipated future expenditures of the county departments | 5762 |
will exceed the available federal and state funds for publicly | 5763 |
funded child | 5764 |
departments and, before the available state and federal funds are | 5765 |
used, the director shall issue and implement an administrative | 5766 |
order that shall specify both of the following: | 5767 |
(1) Priorities for expending the remaining available federal | 5768 |
and state funds for publicly funded child | 5769 |
(2) Instructions and procedures to be used by the county | 5770 |
departments. | 5771 |
(B) The order may do any or all of the following: | 5772 |
(1) Suspend enrollment of all new participants in any program | 5773 |
of publicly funded child | 5774 |
(2) Limit enrollment of new participants to those with | 5775 |
incomes at or below a specified percentage of the federal poverty | 5776 |
line; | 5777 |
(3) Disenroll existing participants with income above a | 5778 |
specified percentage of the federal poverty line. | 5779 |
(C) Each county department shall comply with the order no | 5780 |
later than thirty days after it is issued. If the department fails | 5781 |
to notify the county departments and to implement the reallocation | 5782 |
priorities specified in the order before the available federal and | 5783 |
state funds for publicly funded child
| 5784 |
state department shall provide sufficient funds to the county | 5785 |
departments for publicly funded child
| 5786 |
county department to pay for all publicly
funded child | 5787 |
care that was provided by providers pursuant to contract prior to | 5788 |
the date that the county department received notice under this | 5789 |
section and the state department implemented in that county the | 5790 |
priorities. | 5791 |
(D) If after issuing an order under this section to suspend | 5792 |
or limit enrollment of new participants or disenroll existing | 5793 |
participants the department determines that available state and | 5794 |
federal funds for publicly funded child | 5795 |
anticipated future expenditures of the county departments, the | 5796 |
director may issue and implement another administrative order | 5797 |
increasing income eligibility levels to a specified percentage of | 5798 |
the federal poverty line. The order shall include instructions and | 5799 |
procedures to be used by the county departments. Each county | 5800 |
department shall comply with the order not later than thirty days | 5801 |
after it is issued. | 5802 |
(E) The department of job and family services shall do all of | 5803 |
the following: | 5804 |
(1) Conduct a quarterly evaluation of the program of publicly | 5805 |
funded
child | 5806 |
5104.30 to 5104.39 of the Revised Code; | 5807 |
(2) Prepare reports based upon the evaluations that specify | 5808 |
for each county the number of participants and amount of | 5809 |
expenditures; | 5810 |
(3) Provide copies of the reports to both houses of the | 5811 |
general assembly and, on request, to interested parties. | 5812 |
Sec. 5104.40. A county department of job and family services | 5813 |
shall not be held responsible for implementing any rule adopted | 5814 |
under this chapter
regarding
publicly funded child | 5815 |
until the later of thirty days after the effective date of the | 5816 |
rule or thirty days after the county department receives notice of | 5817 |
the rule if such notification is required under this chapter. | 5818 |
Sec. 5104.41. A child and the child's caretaker who either | 5819 |
temporarily reside in a facility providing emergency shelter for | 5820 |
homeless families or are determined by the county department of | 5821 |
job and family services to be homeless, and who are otherwise | 5822 |
ineligible for publicly funded child | 5823 |
for
protective
| 5824 |
following: | 5825 |
(A) Ninety days; | 5826 |
(B) The period of time they reside in the shelter, if they | 5827 |
qualified for
protective | 5828 |
in the shelter, or the period of time in which the county | 5829 |
department determines they are homeless. | 5830 |
Sec. 5104.42. The director of job and family services shall | 5831 |
adopt rules pursuant to section 111.15 of the Revised Code | 5832 |
establishing a payment procedure for publicly funded child | 5833 |
5834 | |
and family services will either reimburse county departments of | 5835 |
job
and
| 5836 |
publicly funded child | 5837 |
providers pursuant to an agreement entered into with a county | 5838 |
board of commissioners pursuant to section 5101.21 of the Revised | 5839 |
Code. | 5840 |
Alternately, the director, by rule adopted in accordance with | 5841 |
section 111.15 of the Revised Code, may establish a methodology | 5842 |
for allocating among the county departments the state and federal | 5843 |
funds appropriated for all publicly funded child | 5844 |
services. If the department chooses to allocate funds for publicly | 5845 |
funded
child | 5846 |
county department, up to the limit of the county's allocation, by | 5847 |
advancing the funds or reimbursing
county | 5848 |
expenditures. The rules adopted under this section may prescribe | 5849 |
procedures for making the advances or reimbursements. The rules | 5850 |
may establish a method under which the department may determine | 5851 |
which
county
expenditures for | 5852 |
allowable for use of and federal funds. | 5853 |
The rules may establish procedures that a county department | 5854 |
shall follow when the county department determines that its | 5855 |
anticipated future expenditures for
publicly funded child | 5856 |
care services will exceed the amount of state and federal funds | 5857 |
allocated by the state department. The procedures may include | 5858 |
suspending or limiting enrollment of new participants. | 5859 |
Sec. 5104.43. Each county department of job and family | 5860 |
services shall deposit all funds received from any source for | 5861 |
child | 5862 |
established under section 5101.161 of the Revised Code. All | 5863 |
expenditures by a county department for publicly funded child | 5864 |
5865 |
Sec. 5104.99. (A) Whoever violates section 5104.02 of the | 5866 |
Revised Code shall be punished as follows: | 5867 |
(1) For each offense, the offender shall be fined not less | 5868 |
than one hundred dollars nor
more than five hundred dollars | 5869 |
5870 | |
care at the child day-care center or type A family day-care home | 5871 |
that either exceeds the number of children to which a type B | 5872 |
family day-care home may provide child care or, if the offender is | 5873 |
a licensed type A family day-care home that is operating as a | 5874 |
child day-care center without being licensed as a center, exceeds | 5875 |
the license capacity of the type A home. | 5876 |
(2) In addition to the fine specified in division (A)(1) of | 5877 |
this section, all of the following apply: | 5878 |
(a) Except as provided in divisions (A)(2)(b), (c), and (d) | 5879 |
of this section, the court shall order the offender to reduce the | 5880 |
number of children to which it provides child care to a number | 5881 |
that does not exceed either the number of children to which a type | 5882 |
B family day-care home may provide child care or, if the offender | 5883 |
is a licensed type A family day-care home that is operating as a | 5884 |
child day-care center without being licensed as a center, the | 5885 |
license capacity of the type A home. | 5886 |
(b) If the offender previously has been convicted of or | 5887 |
pleaded guilty to one violation of section 5104.02 of the Revised | 5888 |
Code, the court shall order the offender to cease the provision of | 5889 |
child care to any person until it obtains a child day-care center | 5890 |
license or a type A family day-care home license, as appropriate, | 5891 |
under section 5104.03 of the Revised Code. | 5892 |
(c) If the offender previously has been convicted of or | 5893 |
pleaded guilty to two violations of section 5104.02 of the Revised | 5894 |
Code, the offender is guilty of a misdemeanor of the first degree, | 5895 |
and the court shall order the offender to cease the provision of | 5896 |
child care to any person until it obtains a child day-care center | 5897 |
license or a type A family day-care home license, as appropriate, | 5898 |
under section 5104.03 of the Revised Code. The court shall impose | 5899 |
the fine specified in division (A)(1) of this section and may | 5900 |
impose an additional fine provided that the total amount of the | 5901 |
fines so imposed does not exceed the maximum fine authorized for a | 5902 |
misdemeanor of the first degree under section 2929.28 of the | 5903 |
Revised Code. | 5904 |
(d) If the offender previously has been convicted of or | 5905 |
pleaded guilty to three or more violations of section 5104.02 of | 5906 |
the Revised Code, the offender is guilty of a felony of the fifth | 5907 |
degree, and the court shall order the offender to cease the | 5908 |
provision of child care to any person until it obtains a child | 5909 |
day-care center license or a type A family day-care home license, | 5910 |
as appropriate, under section 5104.03 of the Revised Code. The | 5911 |
court shall impose the fine specified in division (A)(1) of this | 5912 |
section and may impose an additional fine provided that the total | 5913 |
amount of the fines so imposed does not exceed the maximum fine | 5914 |
authorized for a felony of the fifth degree under section 2929.18 | 5915 |
of the Revised Code. | 5916 |
(B) Whoever violates division (B) of section 5104.09 of the | 5917 |
Revised Code is guilty of a misdemeanor of the first degree. If | 5918 |
the offender is a licensee of a center or type A home, the | 5919 |
conviction shall constitute grounds for denial, revocation, or | 5920 |
refusal to renew an application for licensure pursuant to section | 5921 |
5104.04 of the Revised Code. If the offender is a person eighteen | 5922 |
years of age or older residing in a center or type A home or is an | 5923 |
employee of a center or a type A home and if the licensee had | 5924 |
knowledge of, and acquiesced in, the commission of the offense, | 5925 |
the conviction shall constitute grounds for denial, revocation, or | 5926 |
refusal to renew an application for licensure pursuant to section | 5927 |
5104.04 of the Revised Code. | 5928 |
(C) Whoever violates division (C) of section 5104.09 of the | 5929 |
Revised Code is guilty of a misdemeanor of the third degree. | 5930 |
Sec. 5107.16. (A) If a member of an assistance group fails | 5931 |
or refuses, without good cause, to comply in full with a provision | 5932 |
of a self-sufficiency contract entered into under section 5107.14 | 5933 |
of the Revised Code, a county department of job and family | 5934 |
services shall sanction the assistance group as follows: | 5935 |
(1) For a first failure or refusal, the county department | 5936 |
shall deny or terminate the assistance group's eligibility to | 5937 |
participate in Ohio works first for one payment month or until the | 5938 |
failure or refusal ceases, whichever is longer; | 5939 |
(2) For a second failure or refusal, the county department | 5940 |
shall deny or terminate the assistance group's eligibility to | 5941 |
participate in Ohio works first for three payment months or until | 5942 |
the failure or refusal ceases, whichever is longer; | 5943 |
(3) For a third or subsequent failure or refusal, the county | 5944 |
department shall deny or terminate the assistance group's | 5945 |
eligibility to participate in Ohio works first for six payment | 5946 |
months or until the failure or refusal ceases, whichever is | 5947 |
longer. | 5948 |
(B) Each county department of job and family services shall | 5949 |
establish standards for the determination of good cause for | 5950 |
failure or refusal to comply in full with a provision of a | 5951 |
self-sufficiency contract. | 5952 |
(1) In the case of a failure or refusal to participate in a | 5953 |
work activity, developmental activity, or alternative work | 5954 |
activity under sections 5107.40 to 5107.69 of the Revised Code, | 5955 |
good cause shall include, except as provided in division (B)(2) of | 5956 |
this section, the following: | 5957 |
(a) Failure of the county department to place the member in | 5958 |
an activity; | 5959 |
(b) Failure of the county department to provide for the | 5960 |
assistance group to receive support services the county department | 5961 |
determines under section 5107.66 of the Revised Code to be | 5962 |
necessary. In determining whether good cause exists, a county | 5963 |
department shall determine that day care is a necessary support | 5964 |
service if a single custodial parent caring for a minor child | 5965 |
under age six proves a demonstrated inability, as determined by | 5966 |
the county department, to obtain needed child care for one or more | 5967 |
of the following reasons: | 5968 |
(i) Unavailability of appropriate child care within a | 5969 |
reasonable distance from the parent's home or work site; | 5970 |
(ii) Unavailability or unsuitability of informal child care | 5971 |
by a relative or under other arrangements; | 5972 |
(iii) Unavailability of appropriate and affordable formal | 5973 |
child care arrangements. | 5974 |
(2) Good cause does not exist if the member of the assistance | 5975 |
group is placed in a work activity established under section | 5976 |
5107.58 of the Revised Code and exhausts the support services | 5977 |
available for that activity. | 5978 |
(C) When a state hearing under division (B) of section | 5979 |
5101.35 of the Revised Code or an administrative appeal under | 5980 |
division (C) of that section is held regarding a sanction under | 5981 |
this section, the hearing officer, director of job and family | 5982 |
services, or director's designee shall base the decision in the | 5983 |
hearing or appeal on the county department's standards of good | 5984 |
cause for failure or refusal to comply in full with a provision of | 5985 |
a self-sufficiency contract, if the county department provides the | 5986 |
hearing officer, director, or director's designee a copy of the | 5987 |
county department's good cause standards. | 5988 |
(D) After sanctioning an assistance group under division (A) | 5989 |
of this section, a county department of job and family services | 5990 |
shall continue to work with the assistance group to provide the | 5991 |
member of the assistance group who caused the sanction an | 5992 |
opportunity to demonstrate to the county department a willingness | 5993 |
to cease the failure or refusal to comply with the | 5994 |
self-sufficiency contract. | 5995 |
(E) An adult eligible for medical assistance pursuant to | 5996 |
division (A)(1)(a) of section 5111.01 of the Revised Code who is | 5997 |
sanctioned under division (A)(3) of this section for a failure or | 5998 |
refusal, without good cause, to comply in full with a provision of | 5999 |
a self-sufficiency contract related to work responsibilities under | 6000 |
sections 5107.40 to 5107.69 of the Revised Code loses eligibility | 6001 |
for medical assistance unless the adult is otherwise eligible for | 6002 |
medical assistance pursuant to another division of section 5111.01 | 6003 |
of the Revised Code. | 6004 |
(F) An assistance group that would be participating in Ohio | 6005 |
works first if not for a sanction under this section shall | 6006 |
continue to be eligible for all of the following: | 6007 |
(1) Publicly funded child | 6008 |
division (A)(3) of section 5104.30 of the Revised Code; | 6009 |
(2) Support services in accordance with section 5107.66 of | 6010 |
the Revised Code; | 6011 |
(3) To the extent permitted by the "Fair Labor Standards Act | 6012 |
of 1938," 52 Stat. 1060, 29 U.S.C.A. 201, as amended, to | 6013 |
participate in work activities, developmental activities, and | 6014 |
alternative work activities in accordance with sections 5107.40 to | 6015 |
5107.69 of the Revised Code. | 6016 |
Sec. 5107.26. (A) As used in this section: | 6017 |
(1) "Transitional child
| 6018 |
child | 6019 |
5104.34 of the Revised Code. | 6020 |
(2) "Transitional medicaid" means the medical assistance | 6021 |
provided under section 5111.023 of the Revised Code. | 6022 |
(B) Except as provided in division (C) of this section, each | 6023 |
member of an assistance group participating in Ohio works first is | 6024 |
ineligible to participate in the program for six payment months if | 6025 |
a county department of job and family services determines that a | 6026 |
member of the assistance group terminated the member's employment | 6027 |
and each person who, on the day prior to the day a recipient | 6028 |
begins to receive transitional child | 6029 |
medicaid, was a member of the recipient's assistance group is | 6030 |
ineligible to participate in Ohio works first for six payment | 6031 |
months if a county department determines that the recipient | 6032 |
terminated the recipient's employment. | 6033 |
(C) No assistance group member shall lose or be denied | 6034 |
eligibility to participate in Ohio works first pursuant to | 6035 |
division (B) of this section if the termination of employment was | 6036 |
because an assistance group member or recipient of transitional | 6037 |
child | 6038 |
better employment or the county department of job and family | 6039 |
services certifies that the member or recipient terminated the | 6040 |
employment with just cause. | 6041 |
Just cause includes the following: | 6042 |
(1) Discrimination by an employer based on age, race, sex, | 6043 |
color, handicap, religious beliefs, or national origin; | 6044 |
(2) Work demands or conditions that render continued | 6045 |
employment unreasonable, such as working without being paid on | 6046 |
schedule; | 6047 |
(3) Employment that has become unsuitable due to any of the | 6048 |
following: | 6049 |
(a) The wage is less than the federal minimum wage; | 6050 |
(b) The work is at a site subject to a strike or lockout, | 6051 |
unless the strike has been enjoined under section 208 of the | 6052 |
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 6053 |
178, as amended, an injunction has been issued under section 10 of | 6054 |
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 6055 |
amended, or an injunction has been issued under section 4117.16 of | 6056 |
the Revised Code; | 6057 |
(c) The documented degree of risk to the member or | 6058 |
recipient's health and safety is unreasonable; | 6059 |
(d) The member or recipient is physically or mentally unfit | 6060 |
to perform the employment, as documented by medical evidence or by | 6061 |
reliable information from other sources. | 6062 |
(4) Documented illness of the member or recipient or of | 6063 |
another assistance group member of the member or recipient | 6064 |
requiring the presence of the member or recipient; | 6065 |
(5) A documented household emergency; | 6066 |
(6) Lack of adequate child care for children of the member or | 6067 |
recipient who are under six years of age. | 6068 |
Sec. 5107.30. (A) As used in this section: | 6069 |
(1) "LEAP program" means the learning, earning, and parenting | 6070 |
program. | 6071 |
(2) "Teen" means a participant of Ohio works first who is | 6072 |
under age eighteen or is age eighteen and in school and is a | 6073 |
natural or adoptive parent or is pregnant. | 6074 |
(3) "School" means an educational program that is designed to | 6075 |
lead to the attainment of a high school diploma or the equivalent | 6076 |
of a high school diploma. | 6077 |
(B) The director of job and family services may adopt rules | 6078 |
under section 5107.05 of the Revised Code, to the extent that such | 6079 |
rules are consistent with federal law, to do all of the following: | 6080 |
(1) Define "good cause" and "the equivalent of a high school | 6081 |
diploma" for the purposes of this section; | 6082 |
(2) Conduct a program titled the "LEAP program" and establish | 6083 |
requirements governing the program. The purpose of the LEAP | 6084 |
program is to encourage teens to complete school. | 6085 |
(3) Require every teen who is subject to LEAP program | 6086 |
requirements to attend school in accordance with the requirements | 6087 |
governing the program unless the teen shows good cause for not | 6088 |
attending school. The department shall provide, in addition to the | 6089 |
cash assistance payment provided under Ohio works first, an | 6090 |
incentive payment, in an amount determined by the department, to | 6091 |
every teen who is participating in the LEAP program and attends | 6092 |
school in accordance with the requirements governing the program. | 6093 |
The department shall reduce the cash assistance payment, in an | 6094 |
amount determined by the department, under Ohio works first to | 6095 |
every teen participating in the LEAP program who fails or refuses, | 6096 |
without good cause, to meet the requirements governing the | 6097 |
program. | 6098 |
(4) Require every teen who is subject to LEAP program | 6099 |
requirements to enter into a written agreement with the county | 6100 |
department of job and family services that provides all of the | 6101 |
following: | 6102 |
(a) The teen, to be eligible to receive the incentive payment | 6103 |
under division (B)(3) of this section, must meet the requirements | 6104 |
of the LEAP program. | 6105 |
(b) The county department will provide the incentive payment | 6106 |
to the teen if the teen meets the requirements of the LEAP | 6107 |
program. | 6108 |
(c) The county department will reduce the cash assistance | 6109 |
payment under Ohio works first if the teen fails or refuses | 6110 |
without good cause to attend school in accordance with the | 6111 |
requirements governing the LEAP program. | 6112 |
(C) A minor head of household who is participating in the | 6113 |
LEAP program shall be considered to be participating in a work | 6114 |
activity for the purpose of sections 5107.40 to 5107.69 of the | 6115 |
Revised Code. However, the minor head of household is not subject | 6116 |
to the requirements or sanctions of those sections. | 6117 |
(D) Subject to the availability of funds, county departments | 6118 |
of job and family services shall provide for LEAP participants to | 6119 |
receive support services the county department determines to be | 6120 |
necessary for LEAP participation. Support services may include | 6121 |
publicly funded child | 6122 |
Revised Code, transportation, and other services. | 6123 |
Sec. 5107.58. In accordance with a federal waiver granted by | 6124 |
the United States secretary of health and human services pursuant | 6125 |
to a request made under former section 5101.09 of the Revised | 6126 |
Code, county departments of job and family services may establish | 6127 |
and administer as a work activity for minor heads of households | 6128 |
and adults participating in Ohio works first an education program | 6129 |
under which the participant is enrolled full-time in | 6130 |
post-secondary education leading to vocation at a state | 6131 |
institution of higher education, as defined in section 3345.031 of | 6132 |
the Revised Code; a private nonprofit college or university that | 6133 |
possesses a certificate of authorization issued by the Ohio board | 6134 |
of regents pursuant to Chapter 1713. of the Revised Code, or is | 6135 |
exempted by division (E) of section 1713.02 of the Revised Code | 6136 |
from the requirement of a certificate; a school that holds a | 6137 |
certificate of registration and program authorization issued by | 6138 |
the state board of career colleges and schools under Chapter 3332. | 6139 |
of the Revised Code; a private institution exempt from regulation | 6140 |
under Chapter 3332. of the Revised Code as prescribed in section | 6141 |
3333.046 of the Revised Code; or a school that has entered into a | 6142 |
contract with the county department of job and family services. | 6143 |
The participant shall make reasonable efforts, as determined by | 6144 |
the county department, to obtain a loan, scholarship, grant, or | 6145 |
other assistance to pay for the tuition, including a federal Pell | 6146 |
grant under 20 U.S.C.A. 1070a and an Ohio instructional grant | 6147 |
under section 3333.12 of the Revised Code. If the participant has | 6148 |
made reasonable efforts but is unable to obtain sufficient | 6149 |
assistance to pay the tuition the program may pay the tuition. On | 6150 |
or after October 1, 1998, the county department may enter into a | 6151 |
loan agreement with the participant to pay the tuition. The total | 6152 |
period for which tuition is paid and loans made shall not exceed | 6153 |
two years. If the participant, pursuant to division (B)(3) of | 6154 |
section 5107.43 of the Revised Code, volunteers to participate in | 6155 |
the education program for more hours each week than the | 6156 |
participant is assigned to the program, the program may pay or the | 6157 |
county department may loan the cost of the tuition for the | 6158 |
additional voluntary hours as well as the cost of the tuition for | 6159 |
the assigned number of hours. The participant may receive, for not | 6160 |
more than three years, support services, including publicly funded | 6161 |
child
| 6162 |
transportation, that the participant needs to participate in the | 6163 |
program. To receive support services in the third year, the | 6164 |
participant must be, as determined by the educational institution | 6165 |
in which the participant is enrolled, in good standing with the | 6166 |
institution. | 6167 |
A county department that provides loans under this section | 6168 |
shall establish procedures governing loan application for and | 6169 |
approval and administration of loans granted pursuant to this | 6170 |
section. | 6171 |
Sec. 5107.66. Subject to the availability of funds and | 6172 |
except as limited by section 5107.58 of the Revised Code, county | 6173 |
departments of job and family services shall provide for | 6174 |
participants of Ohio works first placed in a work activity, | 6175 |
developmental activity, or alternative work activity to receive | 6176 |
support services the county department determines to be necessary. | 6177 |
County departments may provide for applicants of Ohio works first | 6178 |
placed in the work activity established under section 5107.50 of | 6179 |
the Revised Code to receive support services the county department | 6180 |
determines to be necessary. Support services may include publicly | 6181 |
funded child
| 6182 |
Code, transportation, and other services. | 6183 |
Sec. 5153.175. (A) Notwithstanding sections 2151.421 and | 6184 |
5153.17 and any other section of the Revised Code pertaining to | 6185 |
confidentiality, a public children services agency shall promptly | 6186 |
provide to the department of job and family services or to a | 6187 |
county department of job and family services any information the | 6188 |
public children services agency determines to be relevant for the | 6189 |
purpose of evaluating the fitness of a person who has applied for | 6190 |
licensure or renewal of licensure as a type A family day-care home | 6191 |
or certification or renewal of certification as a type B family | 6192 |
day-care home, including, but not limited to, both of the | 6193 |
following: | 6194 |
(1) A summary report of the chronology of abuse and neglect | 6195 |
reports made pursuant to section 2151.421 of the Revised Code of | 6196 |
which the person is the subject and the final disposition of the | 6197 |
investigation of the reports or, if the investigations have not | 6198 |
been completed, the status of the investigations; | 6199 |
(2) Any underlying documentation concerning those reports. | 6200 |
(B) The agency shall not include in the information provided | 6201 |
to the department or county department under division (A) of this | 6202 |
section the name of the person or entity that made the report or | 6203 |
participated in the making of the report of child abuse or | 6204 |
neglect. | 6205 |
Sec. 5733.38. This section applies only to tax years 1999, | 6206 |
2000, 2001, 2002, and 2003. | 6207 |
A nonrefundable credit is allowed against the tax imposed by | 6208 |
sections 5733.06, 5733.065, and 5733.066 of the Revised Code equal | 6209 |
to fifty per cent of the amount incurred by a taxpayer during the | 6210 |
taxable year immediately preceding the tax year to reimburse | 6211 |
employees of the taxpayer for child | 6212 |
amount of the credit for a tax year shall not exceed seven hundred | 6213 |
fifty dollars per child. | 6214 |
The taxpayer shall count toward the credit only | 6215 |
reimbursements it pays to or for the benefit of employees for | 6216 |
amounts paid by those employees
for child | 6217 |
to dependents of the employees at child day-care centers licensed | 6218 |
under section 5104.03 of the Revised Code. The taxpayer shall not | 6219 |
count toward the credit any amount it paid directly or indirectly | 6220 |
in connection with a plan or program described in section 125 of | 6221 |
the Internal Revenue Code or under section 5733.36 of the Revised | 6222 |
Code. The taxpayer shall claim the credit in the order required | 6223 |
under section 5733.98 of the Revised Code. | 6224 |
Sec. 5733.98. (A) To provide a uniform procedure for | 6225 |
calculating the amount of tax imposed by section 5733.06 of the | 6226 |
Revised Code that is due under this chapter, a taxpayer shall | 6227 |
claim any credits to which it is entitled in the following order, | 6228 |
except as otherwise provided in section 5733.058 of the Revised | 6229 |
Code: | 6230 |
(1) The credit for taxes paid by a qualifying pass-through | 6231 |
entity allowed under section 5733.0611 of the Revised Code; | 6232 |
(2) The credit allowed for financial institutions under | 6233 |
section 5733.45 of the Revised Code; | 6234 |
(3) The credit for qualifying affiliated groups under section | 6235 |
5733.068 of the Revised Code; | 6236 |
(4) The subsidiary corporation credit under section 5733.067 | 6237 |
of the Revised Code; | 6238 |
(5) The savings and loan assessment credit under section | 6239 |
5733.063 of the Revised Code; | 6240 |
(6) The credit for recycling and litter prevention donations | 6241 |
under section 5733.064 of the Revised Code; | 6242 |
(7) The credit for employers that enter into agreements with | 6243 |
child day-care centers under section 5733.36 of the Revised Code; | 6244 |
(8) The credit for employers that reimburse employee child | 6245 |
6246 |
(9) The credit for maintaining railroad active grade crossing | 6247 |
warning devices under section 5733.43 of the Revised Code; | 6248 |
(10) The credit for purchases of lights and reflectors under | 6249 |
section 5733.44 of the Revised Code; | 6250 |
(11) The job retention credit under division (B) of section | 6251 |
5733.0610 of the Revised Code; | 6252 |
(12) The credit for losses on loans made under the Ohio | 6253 |
venture capital program under sections 150.01 to 150.10 of the | 6254 |
Revised Code if the taxpayer elected a nonrefundable credit under | 6255 |
section 150.07 of the Revised Code; | 6256 |
(13) The credit for purchases of new manufacturing machinery | 6257 |
and equipment under section 5733.31 or section 5733.311 of the | 6258 |
Revised Code; | 6259 |
(14) The second credit for purchases of new manufacturing | 6260 |
machinery and equipment under section 5733.33 of the Revised Code; | 6261 |
(15) The job training credit under section 5733.42 of the | 6262 |
Revised Code; | 6263 |
(16) The credit for qualified research expenses under section | 6264 |
5733.351 of the Revised Code; | 6265 |
(17) The enterprise zone credit under section 5709.66 of the | 6266 |
Revised Code; | 6267 |
(18) The credit for the eligible costs associated with a | 6268 |
voluntary action under section 5733.34 of the Revised Code; | 6269 |
(19) The credit for employers that establish on-site child | 6270 |
day-care centers under section 5733.37 of the Revised Code; | 6271 |
(20) The ethanol plant investment credit under section | 6272 |
5733.46 of the Revised Code; | 6273 |
(21) The credit for purchases of qualifying grape production | 6274 |
property under section 5733.32 of the Revised Code; | 6275 |
(22) The export sales credit under section 5733.069 of the | 6276 |
Revised Code; | 6277 |
(23) The credit for research and development and technology | 6278 |
transfer investors under section 5733.35 of the Revised Code; | 6279 |
(24) The enterprise zone credits under section 5709.65 of the | 6280 |
Revised Code; | 6281 |
(25) The credit for using Ohio coal under section 5733.39 of | 6282 |
the Revised Code; | 6283 |
(26) The research and development credit under section | 6284 |
5733.352 of the Revised Code; | 6285 |
(27) The credit for small telephone companies under section | 6286 |
5733.57 of the Revised Code; | 6287 |
| 6288 |
under section 5733.55 of the Revised Code; | 6289 |
| 6290 |
communicatively impaired under section 5733.56 of the Revised | 6291 |
Code; | 6292 |
| 6293 |
(A) of section 5733.0610 of the Revised Code; | 6294 |
| 6295 |
division (B)(2) of section 5747.062 of the Revised Code; | 6296 |
| 6297 |
venture capital program under sections 150.01 to 150.10 of the | 6298 |
Revised Code if the taxpayer elected a refundable credit under | 6299 |
section 150.07 of the Revised Code. | 6300 |
(B) For any credit except the credits enumerated in divisions | 6301 |
(A) | 6302 |
amount of the credit for a tax year shall not exceed the tax due | 6303 |
after allowing for any other credit that precedes it in the order | 6304 |
required under this section. Any excess amount of a particular | 6305 |
credit may be carried forward if authorized under the section | 6306 |
creating that credit. | 6307 |
Sec. 5747.36. This section applies only for taxable years | 6308 |
beginning after December 31, 1996, but beginning prior to January | 6309 |
1, 2003. | 6310 |
(A) As used in this section, "pass-through entity" has the | 6311 |
same meaning as in division (O) of section 5733.04 of the Revised | 6312 |
Code and includes a sole proprietorship. | 6313 |
(B) A nonrefundable credit is allowed against the tax imposed | 6314 |
by section 5747.02 of the Revised Code equal to fifty per cent of | 6315 |
the amount incurred by a pass-through entity during a taxable year | 6316 |
to reimburse employees of the pass-through entity for child | 6317 |
6318 | |
year shall not exceed seven hundred fifty dollars per child. | 6319 |
The pass-through entity shall count toward the credit only | 6320 |
reimbursements it pays to or for the benefit of employees for | 6321 |
amounts paid by those employees
for child | 6322 |
to dependents of the employees at child day-care centers licensed | 6323 |
under section 5104.03 of the Revised Code. The pass-through entity | 6324 |
shall not count toward the credit any amount it paid directly or | 6325 |
indirectly in connection with a plan or program described in | 6326 |
section 125 of the Internal Revenue Code or under section 5747.34 | 6327 |
of the Revised Code. | 6328 |
The amount of a taxpayer's credit is the taxpayer's | 6329 |
proportionate share of the credit distributed by the pass-through | 6330 |
entity. The taxpayer shall claim the credit in the order required | 6331 |
under section 5747.98 of the Revised Code. | 6332 |
Sec. 5747.98. (A) To provide a uniform procedure for | 6333 |
calculating the amount of tax due under section 5747.02 of the | 6334 |
Revised Code, a taxpayer shall claim any credits to which the | 6335 |
taxpayer is entitled in the following order: | 6336 |
(1) The retirement income credit under division (B) of | 6337 |
section 5747.055 of the Revised Code; | 6338 |
(2) The senior citizen credit under division (C) of section | 6339 |
5747.05 of the Revised Code; | 6340 |
(3) The lump sum distribution credit under division (D) of | 6341 |
section 5747.05 of the Revised Code; | 6342 |
(4) The dependent care credit under section 5747.054 of the | 6343 |
Revised Code; | 6344 |
(5) The lump sum retirement income credit under division (C) | 6345 |
of section 5747.055 of the Revised Code; | 6346 |
(6) The lump sum retirement income credit under division (D) | 6347 |
of section 5747.055 of the Revised Code; | 6348 |
(7) The lump sum retirement income credit under division (E) | 6349 |
of section 5747.055 of the Revised Code; | 6350 |
(8) The credit for displaced workers who pay for job training | 6351 |
under section 5747.27 of the Revised Code; | 6352 |
(9) The campaign contribution credit under section 5747.29 of | 6353 |
the Revised Code; | 6354 |
(10) The twenty-dollar personal exemption credit under | 6355 |
section 5747.022 of the Revised Code; | 6356 |
(11) The joint filing credit under division (G) of section | 6357 |
5747.05 of the Revised Code; | 6358 |
(12) The nonresident credit under division (A) of section | 6359 |
5747.05 of the Revised Code; | 6360 |
(13) The credit for a resident's out-of-state income under | 6361 |
division (B) of section 5747.05 of the Revised Code; | 6362 |
(14) The credit for employers that enter into agreements with | 6363 |
child day-care centers under section 5747.34 of the Revised Code; | 6364 |
(15) The credit for employers that reimburse employee child | 6365 |
6366 |
(16) The credit for adoption of a minor child under section | 6367 |
5747.37 of the Revised Code; | 6368 |
(17) The credit for purchases of lights and reflectors under | 6369 |
section 5747.38 of the Revised Code; | 6370 |
(18) The job retention credit under division (B) of section | 6371 |
5747.058 of the Revised Code; | 6372 |
(19) The credit for losses on loans made under the Ohio | 6373 |
venture capital program under sections 150.01 to 150.10 of the | 6374 |
Revised Code if the taxpayer elected a nonrefundable credit under | 6375 |
section 150.07 of the Revised Code; | 6376 |
(20) The credit for purchases of new manufacturing machinery | 6377 |
and equipment under section 5747.26 or section 5747.261 of the | 6378 |
Revised Code; | 6379 |
(21) The second credit for purchases of new manufacturing | 6380 |
machinery and equipment and the credit for using Ohio coal under | 6381 |
section 5747.31 of the Revised Code; | 6382 |
(22) The job training credit under section 5747.39 of the | 6383 |
Revised Code; | 6384 |
(23) The enterprise zone credit under section 5709.66 of the | 6385 |
Revised Code; | 6386 |
(24) The credit for the eligible costs associated with a | 6387 |
voluntary action under section 5747.32 of the Revised Code; | 6388 |
(25) The credit for employers that establish on-site child | 6389 |
day-care centers under section 5747.35 of the Revised Code; | 6390 |
(26) The ethanol plant investment credit under section | 6391 |
5747.75 of the Revised Code; | 6392 |
(27) The credit for purchases of qualifying grape production | 6393 |
property under section 5747.28 of the Revised Code; | 6394 |
(28) The export sales credit under section 5747.057 of the | 6395 |
Revised Code; | 6396 |
(29) The credit for research and development and technology | 6397 |
transfer investors under section 5747.33 of the Revised Code; | 6398 |
(30) The enterprise zone credits under section 5709.65 of the | 6399 |
Revised Code; | 6400 |
(31) The research and development credit under section | 6401 |
5747.331 of the Revised Code; | 6402 |
(32) The refundable jobs creation credit under division (A) | 6403 |
of section 5747.058 of the Revised Code; | 6404 |
(33) The refundable credit for taxes paid by a qualifying | 6405 |
entity granted under section 5747.059 of the Revised Code; | 6406 |
(34) The refundable credits for taxes paid by a qualifying | 6407 |
pass-through entity granted under division (J) of section 5747.08 | 6408 |
of the Revised Code; | 6409 |
(35) The refundable credit for tax withheld under division | 6410 |
(B)(1) of section 5747.062 of the Revised Code; | 6411 |
(36) The credit for losses on loans made to the Ohio venture | 6412 |
capital program under sections 150.01 to 150.10 of the Revised | 6413 |
Code if the taxpayer elected a refundable credit under section | 6414 |
150.07 of the Revised Code. | 6415 |
(B) For any credit, except the credits enumerated in | 6416 |
divisions (A)(32) to (36) of this section and the credit granted | 6417 |
under division (I) of section 5747.08 of the Revised Code, the | 6418 |
amount of the credit for a taxable year shall not exceed the tax | 6419 |
due after allowing for any other credit that precedes it in the | 6420 |
order required under this section. Any excess amount of a | 6421 |
particular credit may be carried forward if authorized under the | 6422 |
section creating that credit. Nothing in this chapter shall be | 6423 |
construed to allow a taxpayer to claim, directly or indirectly, a | 6424 |
credit more than once for a taxable year. | 6425 |
Section 2. That existing sections 109.572, | 6426 |
307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3301.52, | 6427 |
3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 3701.21, | 6428 |
3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 3742.35, | 6429 |
3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, | 6430 |
3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 5101.97, | 6431 |
5104.01, 5104.011, 5104.013, 5104.015, 5104.02, | 6432 |
5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 5104.081, | 6433 |
5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 5104.32, | 6434 |
5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 5104.382, | 6435 |
5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 5107.16, | 6436 |
5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 5747.36, and | 6437 |
5747.98 and sections Sec. 2151.861. and Sec. 5104.381. | 6438 |
of the Revised Code | 1027 |
are hereby repealed. | 1028 |
Section 3. The amendment of section 5104.01 of the Revised | 6441 |
Code by this act is not intended to supersede the earlier | 6442 |
amendment, with delayed effective date, of division (T) of that | 6443 |
section by Section 195 of Am. Sub. H.B. 95 of the 125th General | 6444 |
Assembly. | 6445 |
Section 4. Section 109.572 of the Revised Code is presented | 6446 |
in this act as a composite of the section as amended by Am. Sub. | 6447 |
H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53 and Am. S.B. 178 of | 6448 |
the 125th General Assembly. Section 5104.04 of the Revised Code is | 6449 |
presented in this act as a composite of the section as amended by | 6450 |
both Am. Sub. H.B. 40 and Am. Sub. H.B. 95 of the 125th General | 6451 |
Assembly. Section 5733.98 of the Revised Code is presented in this | 6452 |
act as a composite of the section as amended by both Am. Sub. H.B. | 6453 |
1 and Am. Sub. H.B. 95 of the 125th General Assembly. The General | 6454 |
Assembly, applying the principle stated in division (B) of section | 6455 |
1.52 of the Revised Code that amendments are to be harmonized if | 6456 |
reasonably capable of simultaneous operation, finds that the | 6457 |
composites are the resulting versions of the sections in effect | 6458 |
prior to the effective date of the sections as presented in this | 6459 |
act. | 6460 |