As Reported by the Senate Judiciary Committee

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


Representatives Jerse, Redfern, Allen, Raga, Miller, Widowfield, S. Patton, Hartnett, Kearns, Seitz, Oelslager, D. Stewart, Hollister, Strahorn, Boccieri, Sykes, Perry, Olman, DePiero, Hagan, Otterman, Raussen, Sferra, Price, Carano, Ujvagi, Koziura, Seaver, Domenick, Yates, G. Smith, Cirelli, Fessler, DeBose, Reidelbach, Barrett, Harwood, Schneider, Blasdel, Hoops, Taylor, White, Beatty, Book, Carmichael, Cates, Chandler, Collier, Daniels, Distel, Driehaus, C. Evans, D. Evans, Faber, Flowers, Gilb, Grendell, Hughes, Jolivette, Key, Kilbane, Mason, McGregor, Niehaus, T. Patton, Schaffer, Schmidt, Setzer, Skindell, S. Smith, Trakas, Wilson, Woodard 

Senator Austria 



A BILL
To amend section 5104.011 and to enact sections 1
2919.223, 2919.224, 2919.225, 2919.226, and 2
2919.227 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.9


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

       Section 1. That section 5104.011 be amended and sections 10
2919.223, 2919.224, 2919.225, 2919.226, and 2919.227 of the 11
Revised Code be enacted to read as follows:12

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

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

       (B) "Child day-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 day-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 day-care provider" means any of the following:26

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

       (2) An in-home aide;29

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

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

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

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

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

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

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

       (5) A peace officer.50

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

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

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

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

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

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

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

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

       (1) A child died while under the care of the home or while 78
receiving child day-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 day-care from the 81
owner, provider, or administrator.82

       (2) Within the preceding ten years, a child suffered injuries83
while under the care of the home or while receiving child day-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 day-care from the owner, provider, or administrator dies 94
while under the care of the home or while receiving child day-care 95
from the owner, provider, or administrator or dies as a result of96
injuries suffered while under the care of the home or while 97
receiving child day-care from the owner, provider, or98
administrator.99

       (b) A child who is under the care of the home or is receiving 100
child day-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 day-care from the owner, provider, or 104
administrator.105

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

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

       (b) If the notice is required as the result of the death of a 114
child as described in division (B)(1)(a) of this section, to the115
public children services agency of the county in which the home is 116
located or the child day-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 day-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 day-care was given.122

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

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

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

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

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

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

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

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

"CHILD DAY-CARE DISCLOSURE FORM
183

       Please Note: This form contains information that is accurate 184
only at the time the form is given to you. The information 185
provided in this form is likely to change over time. It is the 186
duty of the person responsible for the care of the child to 187
monitor the status of child day-care services to ensure that those 188
services remain satisfactory. If a question on this form is left 189
unanswered, the child day-care provider makes no assertion 190
regarding the question. Choosing appropriate child day-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 day-care provider the person is not relying on 196
any representations other than those provided in this form unless 197
the child day-care provider has acknowledged the other 198
representations in writing.199

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

206
207
208

       2. What is the maximum number of children to whom you provide 209
child day-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 day-care to the 217
applicant child?:218

219
220
221

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

       Description/explanation (attach additional sheets if224
necessary)225

226
227
228

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

        Description/explanation (attach additional sheets if232
necessary)233

234
235
236

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

       Description/explanation (attach additional sheets if241
necessary)242

243
244
245

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

       Acknowledgement:254

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

261
Person receiving the form Date" 262

       (C) If a child day-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 and, presents 265
the form to a person identified in division (A)(1) or (2) of 266
section 2919.224 of the Revised Code, and obtains the person's 267
signature on the acknowledgement in the form, to the extent that 268
the information set forth on the form is accurate, the form is 269
sufficient for the purposes described in division (A) of this 270
section.271

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

       Sec. 2919.227.  (A)(1) No child day-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
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 day-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 day-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 day-care from the 316
owner, provider, or administrator of the center.317

       (3) Each child day-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 day-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 day-care from the owner, provider, or 325
administrator of the center dies while under the care of the 326
center or while receiving child day-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 day-care 329
from the owner, provider, or administrator.330

       (2) A child day-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 day-care from the center;337

       (b) The public children services agency of the county in 338
which the center is located or the child day-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 day-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 day-care was given.345

       (3) A child day-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 day-care center to disclose the death 351
or serious injury of a child, a misdemeanor of the fourth degree.352

       Sec. 5104.011.  (A) The director of job and family services353
shall adopt rules pursuant to Chapter 119. of the Revised Code354
governing the operation of child day-care centers, including, but355
not limited to, parent cooperative centers, part-time centers,356
drop-in centers, and school child centers, which rules shall357
reflect the various forms of child day-care and the needs of358
children receiving child day-care or publicly funded child359
day-care and, no later than January 1, 1992, shall include360
specific rules for school child day-care centers that are361
developed in consultation with the department of education. The362
rules shall not require an existing school facility that is in363
compliance with applicable building codes to undergo an additional364
building code inspection or to have structural modifications. The365
rules shall include the following:366

       (1) Submission of a site plan and descriptive plan of367
operation to demonstrate how the center proposes to meet the368
requirements of this chapter and rules adopted pursuant to this369
chapter for the initial license application;370

       (2) Standards for ensuring that the physical surroundings of371
the center are safe and sanitary including, but not limited to,372
the physical environment, the physical plant, and the equipment of373
the center;374

       (3) Standards for the supervision, care, and discipline of375
children receiving child day-care or publicly funded child376
day-care in the center;377

       (4) Standards for a program of activities, and for play378
equipment, materials, and supplies, to enhance the development of379
each child; however, any educational curricula, philosophies, and380
methodologies that are developmentally appropriate and that381
enhance the social, emotional, intellectual, and physical382
development of each child shall be permissible. As used in this383
division, "program" does not include instruction in religious or384
moral doctrines, beliefs, or values that is conducted at child385
day-care centers owned and operated by churches and does include386
methods of disciplining children at child day-care centers.387

       (5) Admissions policies and procedures, health care policies388
and procedures, including, but not limited to, procedures for the389
isolation of children with communicable diseases, first aid and390
emergency procedures, procedures for discipline and supervision of391
children, standards for the provision of nutritious meals and392
snacks, and procedures for screening children and employees,393
including, but not limited to, any necessary physical examinations394
and immunizations;395

       (6) Methods for encouraging parental participation in the396
center and methods for ensuring that the rights of children,397
parents, and employees are protected and that responsibilities of398
parents and employees are met;399

       (7) Procedures for ensuring the safety and adequate400
supervision of children traveling off the premises of the center401
while under the care of a center employee;402

       (8) Procedures for record keeping, organization, and403
administration;404

       (9) Procedures for issuing, renewing, denying, and revoking a 405
license that are not otherwise provided for in Chapter 119. of the 406
Revised Code;407

       (10) Inspection procedures;408

       (11) Procedures and standards for setting initial and renewal 409
license application fees;410

       (12) Procedures for receiving, recording, and responding to411
complaints about centers;412

       (13) Procedures for enforcing section 5104.04 of the Revised413
Code;414

       (14) A standard requiring the inclusion, on and after July 1, 415
1987, of a current department of job and family services toll-free416
telephone number on each center provisional license or license417
which any person may use to report a suspected violation by the418
center of this chapter or rules adopted pursuant to this chapter;419

       (15) Requirements for the training of administrators and420
child-care staff members in first aid, in prevention, recognition,421
and management of communicable diseases, and in child abuse422
recognition and prevention. Training requirements for child423
day-care centers adopted under this division shall be consistent424
with divisions (B)(6) and (C)(1) of this section.425

       (16) Procedures to be used by licensees for checking the426
references of potential employees of centers and procedures to be427
used by the director for checking the references of applicants for428
licenses to operate centers;429

       (17) Standards providing for the special needs of children430
who are handicapped or who require treatment for health conditions431
while the child is receiving child day-care or publicly funded432
child day-care in the center;433

       (18) A procedure for reporting injuries of children that 434
occur at the center;435

       (19) Any other procedures and standards necessary to carry436
out this chapter.437

       (B)(1) The child day-care center shall have, for each child438
for whom the center is licensed, at least thirty-five square feet439
of usable indoor floor space wall-to-wall regularly available for440
the child day-care operation exclusive of any parts of the441
structure in which the care of children is prohibited by law or by442
rules adopted by the board of building standards. The minimum of443
thirty-five square feet of usable indoor floor space shall not444
include hallways, kitchens, storage areas, or any other areas that445
are not available for the care of children, as determined by the446
director, in meeting the space requirement of this division, and447
bathrooms shall be counted in determining square footage only if448
they are used exclusively by children enrolled in the center,449
except that the exclusion of hallways, kitchens, storage areas,450
bathrooms not used exclusively by children enrolled in the center,451
and any other areas not available for the care of children from452
the minimum of thirty-five square feet of usable indoor floor453
space shall not apply to:454

       (a) Centers licensed prior to or on September 1, 1986, that455
continue under licensure after that date;456

       (b) Centers licensed prior to or on September 1, 1986, that457
are issued a new license after that date solely due to a change of458
ownership of the center.459

       (2) The child day-care center shall have on the site a safe460
outdoor play space which is enclosed by a fence or otherwise461
protected from traffic or other hazards. The play space shall462
contain not less than sixty square feet per child using such space463
at any one time, and shall provide an opportunity for supervised464
outdoor play each day in suitable weather. The director may exempt 465
a center from the requirement of this division, if an outdoor play 466
space is not available and if all of the following are met:467

       (a) The center provides an indoor recreation area that has468
not less than sixty square feet per child using the space at any469
one time, that has a minimum of one thousand four hundred forty470
square feet of space, and that is separate from the indoor space471
required under division (B)(1) of this section.472

       (b) The director has determined that there is regularly473
available and scheduled for use a conveniently accessible and safe474
park, playground, or similar outdoor play area for play or475
recreation.476

       (c) The children are closely supervised during play and while 477
traveling to and from the area.478

       The director also shall exempt from the requirement of this479
division a child day-care center that was licensed prior to480
September 1, 1986, if the center received approval from the481
director prior to September 1, 1986, to use a park, playground, or482
similar area, not connected with the center, for play or483
recreation in lieu of the outdoor space requirements of this484
section and if the children are closely supervised both during485
play and while traveling to and from the area and except if the486
director determines upon investigation and inspection pursuant to487
section 5104.04 of the Revised Code and rules adopted pursuant to488
that section that the park, playground, or similar area, as well489
as access to and from the area, is unsafe for the children.490

       (3) The child day-care center shall have at least two491
responsible adults available on the premises at all times when492
seven or more children are in the center. The center shall493
organize the children in the center in small groups, shall provide494
child-care staff to give continuity of care and supervision to the495
children on a day-by-day basis, and shall ensure that no child is496
left alone or unsupervised. Except as otherwise provided in497
division (E) of this section, the maximum number of children per498
child-care staff member and maximum group size, by age category of499
children, are as follows:500

Maximum Number of 501
Children Per Maximum 502
Age Category Child-Care Group 503
of Children Staff Member Size 504
(a) Infants: 505
(i) Less than twelve 506
months old 5:1, or 507
12:2 if two 508
child-care 509
staff members 510
are in the room 12 511
(ii) At least twelve 512
months old, but 513
less than eighteen 514
months old 6:1 12 515
(b) Toddlers: 516
(i) At least eighteen 517
months old, but 518
less than thirty 519
months old 7:1 14 520
(ii) At least thirty months 521
old, but less than 522
three years old 8:1 16 523
(c) Preschool 524
children: 525
(i) Three years old 12:1 24 526
(ii) Four years old and 527
five years old who 528
are not school 529
children 14:1 28 530
(d) School children: 531
(i) A child who is 532
enrolled in or is 533
eligible to be 534
enrolled in a grade 535
of kindergarten 536
or above, but 537
is less than 538
eleven years old 18:1 36 539
(ii) Eleven through fourteen 540
years old 20:1 40 541

       Except as otherwise provided in division (E) of this section,542
the maximum number of children per child-care staff member and543
maximum group size requirements of the younger age group shall544
apply when age groups are combined.545

       (4)(a) The child day-care center administrator shall show the 546
director both of the following:547

       (i) Evidence of at least high school graduation or548
certification of high school equivalency by the state board of549
education or the appropriate agency of another state;550

       (ii) Evidence of having completed at least two years of551
training in an accredited college, university, or technical552
college, including courses in child development or early childhood553
education, or at least two years of experience in supervising and554
giving daily care to children attending an organized group555
program.556

       (b) In addition to the requirements of division (B)(4)(a) of557
this section, any administrator employed or designated on or after558
September 1, 1986, shall show evidence of, and any administrator559
employed or designated prior to September 1, 1986, shall show560
evidence within six years after such date of, at least one of the561
following:562

       (i) Two years of experience working as a child-care staff563
member in a center and at least four courses in child development564
or early childhood education from an accredited college,565
university, or technical college, except that a person who has two566
years of experience working as a child-care staff member in a567
particular center and who has been promoted to or designated as568
administrator of that center shall have one year from the time the569
person was promoted to or designated as administrator to complete570
the required four courses;571

       (ii) Two years of training, including at least four courses572
in child development or early childhood education from an573
accredited college, university, or technical college;574

       (iii) A child development associate credential issued by the575
national child development associate credentialing commission;576

       (iv) An associate or higher degree in child development or577
early childhood education from an accredited college, technical578
college, or university, or a license designated for teaching in an579
associate teaching position in a preschool setting issued by the580
state board of education.581

       (5) All child-care staff members of a child day-care center582
shall be at least eighteen years of age, and shall furnish the583
director evidence of at least high school graduation or584
certification of high school equivalency by the state board of585
education or the appropriate agency of another state or evidence586
of completion of a training program approved by the department of587
job and family services or state board of education, except as588
follows:589

       (a) A child-care staff member may be less than eighteen years 590
of age if the staff member is either of the following:591

       (i) A graduate of a two-year vocational child-care training592
program approved by the state board of education;593

       (ii) A student enrolled in the second year of a vocational594
child-care training program approved by the state board of595
education which leads to high school graduation, provided that the596
student performs the student's duties in the child day-care center597
under the continuous supervision of an experienced child-care598
staff member, receives periodic supervision from the vocational599
child-care training program teacher-coordinator in the student's600
high school, and meets all other requirements of this chapter and601
rules adopted pursuant to this chapter.602

       (b) A child-care staff member shall be exempt from the603
educational requirements of this division if the staff member:604

       (i) Prior to January 1, 1972, was employed or designated by a 605
child day-care center and has been continuously employed since606
either by the same child day-care center employer or at the same607
child day-care center; or608

       (ii) Is a student enrolled in the second year of a vocational 609
child-care training program approved by the state board of 610
education which leads to high school graduation, provided that the 611
student performs the student's duties in the child day-care center 612
under the continuous supervision of an experienced child-care 613
staff member, receives periodic supervision from the vocational 614
child-care training program teacher-coordinator in the student's 615
high school, and meets all other requirements of this chapter and 616
rules adopted pursuant to this chapter.617

       (6) Every child day-care staff member of a child day-care618
center annually shall complete fifteen hours of inservice training619
in child development or early childhood education, child abuse620
recognition and prevention, first aid, and in prevention,621
recognition, and management of communicable diseases, until a622
total of forty-five hours of training has been completed, unless623
the staff member furnishes one of the following to the director:624

       (a) Evidence of an associate or higher degree in child625
development or early childhood education from an accredited626
college, university, or technical college;627

       (b) A license designated for teaching in an associate628
teaching position in a preschool setting issued by the state board629
of education;630

       (c) Evidence of a child development associate credential;631

       (d) Evidence of a preprimary credential from the American632
Montessori society or the association Montessori international.633
For the purposes of division (B)(6) of this section, "hour" means634
sixty minutes.635

       (7) The administrator of each child day-care center shall636
prepare at least once annually and for each group of children at637
the center a roster of names and telephone numbers of parents,638
custodians, or guardians of each group of children attending the639
center and upon request shall furnish the roster for each group to640
the parents, custodians, or guardians of the children in that641
group. The administrator may prepare a roster of names and642
telephone numbers of all parents, custodians, or guardians of643
children attending the center and upon request shall furnish the644
roster to the parents, custodians, or guardians of the children645
who attend the center. The administrator shall not include in any646
roster the name or telephone number of any parent, custodian, or647
guardian who requests the administrator not to include the648
parent's, custodian's, or guardian's name or number and shall not649
furnish any roster to any person other than a parent, custodian,650
or guardian of a child who attends the center.651

       (C)(1) Each child day-care center shall have on the center652
premises and readily available at all times at least one653
child-care staff member who has completed a course in first aid654
and in prevention, recognition, and management of communicable655
diseases which is approved by the state department of health and a656
staff member who has completed a course in child abuse recognition657
and prevention training which is approved by the department of job658
and family services.659

       (2) The administrator of each child day-care center shall660
maintain enrollment, health, and attendance records for all661
children attending the center and health and employment records662
for all center employees. The records shall be confidential,663
except as otherwise provided in division (B)(7) of this section664
and except that they shall be disclosed by the administrator to665
the director upon request for the purpose of administering and666
enforcing this chapter and rules adopted pursuant to this chapter.667
Neither the center nor the licensee, administrator, or employees668
of the center shall be civilly or criminally liable in damages or669
otherwise for records disclosed to the director by the670
administrator pursuant to this division. It shall be a defense to671
any civil or criminal charge based upon records disclosed by the672
administrator to the director that the records were disclosed673
pursuant to this division.674

       (3)(a) Any parent who is the residential parent and legal675
custodian of a child enrolled in a child day-care center and any676
custodian or guardian of such a child shall be permitted unlimited677
access to the center during its hours of operation for the678
purposes of contacting their children, evaluating the care679
provided by the center, evaluating the premises of the center, or680
for other purposes approved by the director. A parent of a child681
enrolled in a child day-care center who is not the child's682
residential parent shall be permitted unlimited access to the683
center during its hours of operation for those purposes under the684
same terms and conditions under which the residential parent of685
that child is permitted access to the center for those purposes.686
However, the access of the parent who is not the residential687
parent is subject to any agreement between the parents and, to the688
extent described in division (C)(3)(b) of this section, is subject689
to any terms and conditions limiting the right of access of the690
parent who is not the residential parent, as described in division691
(I) of section 3109.051 of the Revised Code, that are contained in692
a parenting time order or decree issued under that section,693
section 3109.12 of the Revised Code, or any other provision of the 694
Revised Code.695

       (b) If a parent who is the residential parent of a child has696
presented the administrator or the administrator's designee with a697
copy of a parenting time order that limits the terms and698
conditions under which the parent who is not the residential699
parent is to have access to the center, as described in division700
(I) of section 3109.051 of the Revised Code, the parent who is not701
the residential parent shall be provided access to the center only702
to the extent authorized in the order. If the residential parent703
has presented such an order, the parent who is not the residential704
parent shall be permitted access to the center only in accordance705
with the most recent order that has been presented to the706
administrator or the administrator's designee by the residential707
parent or the parent who is not the residential parent.708

       (c) Upon entering the premises pursuant to division (C)(3)(a) 709
or (b) of this section, the parent who is the residential parent 710
and legal custodian, the parent who is not the residential parent, 711
or the custodian or guardian shall notify the administrator or the 712
administrator's designee of the parent's, custodian's, or 713
guardian's presence.714

       (D) The director of job and family services, in addition to715
the rules adopted under division (A) of this section, shall adopt716
rules establishing minimum requirements for child day-care717
centers. The rules shall include, but not be limited to, the718
requirements set forth in divisions (B) and (C) of this section.719
Except as provided in section 5104.07 of the Revised Code, the720
rules shall not change the square footage requirements of division721
(B)(1) or (2) of this section; the maximum number of children per722
child-care staff member and maximum group size requirements of723
division (B)(3) of this section; the educational and experience724
requirements of division (B)(4) of this section; the age,725
educational, and experience requirements of division (B)(5) of726
this section; the number of inservice training hours required727
under division (B)(6) of this section; or the requirement for at728
least annual preparation of a roster for each group of children of729
names and telephone numbers of parents, custodians, or guardians730
of each group of children attending the center that must be731
furnished upon request to any parent, custodian, or guardian of732
any child in that group required under division (B)(7) of this733
section; however, the rules shall provide procedures for734
determining compliance with those requirements.735

       (E)(1) When age groups are combined, the maximum number of736
children per child-care staff member shall be determined by the737
age of the youngest child in the group, except that when no more738
than one child thirty months of age or older receives services in739
a group in which all the other children are in the next older age740
group, the maximum number of children per child-care staff member741
and maximum group size requirements of the older age group742
established under division (B)(3) of this section shall apply.743

       (2) The maximum number of toddlers or preschool children per744
child-care staff member in a room where children are napping shall745
be twice the maximum number of children per child-care staff746
member established under division (B)(3) of this section if all747
the following criteria are met:748

       (a) At least one child-care staff member is present in the749
room.750

       (b) Sufficient child-care staff members are on the child751
day-care center premises to meet the maximum number of children752
per child-care staff member requirements established under753
division (B)(3) of this section.754

       (c) Naptime preparations are complete and all napping755
children are resting or sleeping on cots.756

       (d) The maximum number established under division (E)(2) of757
this section is in effect for no more than one and one-half hours758
during a twenty-four-hour day.759

       (F) The director of job and family services shall adopt rules760
pursuant to Chapter 119. of the Revised Code governing the761
operation of type A family day-care homes, including, but not762
limited to, parent cooperative type A homes, part-time type A763
homes, drop-in type A homes, and school child type A homes, which764
shall reflect the various forms of child day-care and the needs of765
children receiving child day-care. The rules shall include the766
following:767

       (1) Submission of a site plan and descriptive plan of768
operation to demonstrate how the type A home proposes to meet the769
requirements of this chapter and rules adopted pursuant to this770
chapter for the initial license application;771

       (2) Standards for ensuring that the physical surroundings of772
the type A home are safe and sanitary, including, but not limited773
to, the physical environment, the physical plant, and the774
equipment of the type A home;775

       (3) Standards for the supervision, care, and discipline of776
children receiving child day-care or publicly funded child777
day-care in the type A home;778

       (4) Standards for a program of activities, and for play779
equipment, materials, and supplies, to enhance the development of780
each child; however, any educational curricula, philosophies, and781
methodologies that are developmentally appropriate and that782
enhance the social, emotional, intellectual, and physical783
development of each child shall be permissible;784

       (5) Admissions policies and procedures, health care policies785
and procedures, including, but not limited to, procedures for the786
isolation of children with communicable diseases, first aid and787
emergency procedures, procedures for discipline and supervision of788
children, standards for the provision of nutritious meals and789
snacks, and procedures for screening children and employees,790
including, but not limited to, any necessary physical examinations791
and immunizations;792

       (6) Methods for encouraging parental participation in the793
type A home and methods for ensuring that the rights of children,794
parents, and employees are protected and that the responsibilities795
of parents and employees are met;796

       (7) Procedures for ensuring the safety and adequate797
supervision of children traveling off the premises of the type A798
home while under the care of a type A home employee;799

       (8) Procedures for record keeping, organization, and800
administration;801

       (9) Procedures for issuing, renewing, denying, and revoking a 802
license that are not otherwise provided for in Chapter 119. of the 803
Revised Code;804

       (10) Inspection procedures;805

       (11) Procedures and standards for setting initial and renewal 806
license application fees;807

       (12) Procedures for receiving, recording, and responding to808
complaints about type A homes;809

       (13) Procedures for enforcing section 5104.04 of the Revised810
Code;811

       (14) A standard requiring the inclusion, on or after July 1,812
1987, of a current department of job and family services toll-free813
telephone number on each type A home provisional license or814
license which any person may use to report a suspected violation815
by the type A home of this chapter or rules adopted pursuant this816
chapter;817

       (15) Requirements for the training of administrators and818
child-care staff members in first aid, in prevention, recognition,819
and management of communicable diseases, and in child abuse820
recognition and prevention;821

       (16) Procedures to be used by licensees for checking the822
references of potential employees of type A homes and procedures823
to be used by the director for checking the references of824
applicants for licenses to operate type A homes;825

       (17) Standards providing for the special needs of children826
who are handicapped or who require treatment for health conditions827
while the child is receiving child day-care or publicly funded828
child day-care in the type A home;829

       (18) Standards for the maximum number of children per830
child-care staff member;831

       (19) Requirements for the amount of usable indoor floor space 832
for each child;833

       (20) Requirements for safe outdoor play space;834

       (21) Qualifications and training requirements for835
administrators and for child-care staff members;836

       (22) Procedures for granting a parent who is the residential837
parent and legal custodian, or a custodian or guardian access to838
the type A home during its hours of operation;839

       (23) Standards for the preparation and distribution of a840
roster of parents, custodians, and guardians;841

       (24) Any other procedures and standards necessary to carry842
out this chapter.843

       (G) The director of job and family services shall adopt rules844
pursuant to Chapter 119. of the Revised Code governing the845
certification of type B family day-care homes.846

       (1) The rules shall include procedures, standards, and other847
necessary provisions for granting limited certification to type B848
family day-care homes that are operated by the following adult849
providers:850

       (a) Persons who provide child day-care for eligible children851
who are great-grandchildren, grandchildren, nieces, nephews, or852
siblings of the provider or for eligible children whose caretaker853
parent is a grandchild, child, niece, nephew, or sibling of the854
provider;855

       (b) Persons who provide child day-care for eligible children856
all of whom are the children of the same caretaker parent.857

       The rules shall require, and shall include procedures for the858
director to ensure, that type B family day-care homes that receive859
a limited certification provide child day-care to children in a860
safe and sanitary manner. With regard to providers who apply for861
limited certification, a provider shall be granted a provisional862
limited certification on signing a declaration under oath863
attesting that the provider meets the standards for limited864
certification. Such provisional limited certifications shall865
remain in effect for no more than sixty calendar days and shall866
entitle the provider to offer publicly funded child day-care867
during the provisional period. Except as otherwise provided in868
division (G)(1) of this section, prior to the expiration of the869
provisional limited certificate, a county department of job and870
family services shall inspect the home and shall grant limited871
certification to the provider if the provider meets the872
requirements of this division. Limited certificates remain valid873
for two years unless earlier revoked. Except as otherwise provided 874
in division (G)(1) of this section, providers operating under 875
limited certification shall be inspected annually.876

       If a provider is a person described in division (G)(1)(a) of877
this section or a person described in division (G)(1)(b) of this878
section who is a friend of the caretaker parent, the provider and879
the caretaker parent may verify in writing to the county880
department of job and family services that minimum health and881
safety requirements are being met in the home. If such882
verification is provided, the county shall waive any inspection883
and any criminal records check required by this chapter and grant884
limited certification to the provider.885

       (2) The rules shall provide for safeguarding the health,886
safety, and welfare of children receiving child day-care or887
publicly funded child day-care in a certified type B home and888
shall include the following:889

       (a) Standards for ensuring that the type B home and the890
physical surroundings of the type B home are safe and sanitary,891
including, but not limited to, physical environment, physical892
plant, and equipment;893

       (b) Standards for the supervision, care, and discipline of894
children receiving child day-care or publicly funded child895
day-care in the home;896

       (c) Standards for a program of activities, and for play897
equipment, materials, and supplies to enhance the development of898
each child; however, any educational curricula, philosophies, and899
methodologies that are developmentally appropriate and that900
enhance the social, emotional, intellectual, and physical901
development of each child shall be permissible;902

       (d) Admission policies and procedures, health care, first aid 903
and emergency procedures, procedures for the care of sick904
children, procedures for discipline and supervision of children,905
nutritional standards, and procedures for screening children and906
authorized providers, including, but not limited to, any necessary907
physical examinations and immunizations;908

       (e) Methods of encouraging parental participation and909
ensuring that the rights of children, parents, and authorized910
providers are protected and the responsibilities of parents and911
authorized providers are met;912

       (f) Standards for the safe transport of children when under913
the care of authorized providers;914

       (g) Procedures for issuing, renewing, denying, refusing to915
renew, or revoking certificates;916

       (h) Procedures for the inspection of type B family day-care917
homes that require, at a minimum, that each type B family day-care918
home be inspected prior to certification to ensure that the home919
is safe and sanitary;920

       (i) Procedures for record keeping and evaluation;921

       (j) Procedures for receiving, recording, and responding to922
complaints;923

       (k) Standards providing for the special needs of children who 924
are handicapped or who receive treatment for health conditions925
while the child is receiving child day-care or publicly funded926
child day-care in the type B home;927

       (l) Requirements for the amount of usable indoor floor space928
for each child;929

       (m) Requirements for safe outdoor play space;930

       (n) Qualification and training requirements for authorized931
providers;932

       (o) Procedures for granting a parent who is the residential933
parent and legal custodian, or a custodian or guardian access to934
the type B home during its hours of operation;935

       (p) Any other procedures and standards necessary to carry out 936
this chapter.937

       (H) The director shall adopt rules pursuant to Chapter 119.938
of the Revised Code governing the certification of in-home aides.939
The rules shall include procedures, standards, and other necessary940
provisions for granting limited certification to in-home aides who941
provide child day-care for eligible children who are942
great-grandchildren, grandchildren, nieces, nephews, or siblings943
of the in-home aide or for eligible children whose caretaker944
parent is a grandchild, child, niece, nephew, or sibling of the945
in-home aide. The rules shall require, and shall include946
procedures for the director to ensure, that in-home aides that947
receive a limited certification provide child day-care to children948
in a safe and sanitary manner. The rules shall provide for949
safeguarding the health, safety, and welfare of children receiving950
publicly funded child day-care in their own home and shall include951
the following:952

       (1) Standards for ensuring that the child's home and the953
physical surroundings of the child's home are safe and sanitary,954
including, but not limited to, physical environment, physical955
plant, and equipment;956

       (2) Standards for the supervision, care, and discipline of957
children receiving publicly funded child day-care in their own958
home;959

       (3) Standards for a program of activities, and for play960
equipment, materials, and supplies to enhance the development of961
each child; however, any educational curricula, philosophies, and962
methodologies that are developmentally appropriate and that963
enhance the social, emotional, intellectual, and physical964
development of each child shall be permissible;965

       (4) Health care, first aid, and emergency procedures,966
procedures for the care of sick children, procedures for967
discipline and supervision of children, nutritional standards, and968
procedures for screening children and in-home aides, including,969
but not limited to, any necessary physical examinations and970
immunizations;971

       (5) Methods of encouraging parental participation and972
ensuring that the rights of children, parents, and in-home aides973
are protected and the responsibilities of parents and in-home974
aides are met;975

       (6) Standards for the safe transport of children when under976
the care of in-home aides;977

       (7) Procedures for issuing, renewing, denying, refusing to978
renew, or revoking certificates;979

       (8) Procedures for inspection of homes of children receiving980
publicly funded child day-care in their own homes;981

       (9) Procedures for record keeping and evaluation;982

       (10) Procedures for receiving, recording, and responding to983
complaints;984

       (11) Qualifications and training requirements for in-home985
aides;986

       (12) Standards providing for the special needs of children987
who are handicapped or who receive treatment for health conditions988
while the child is receiving publicly funded child day-care in the989
child's own home;990

       (13) Any other procedures and standards necessary to carry991
out this chapter.992

       (I) To the extent that any rules adopted for the purposes of993
this section require a health care professional to perform a994
physical examination, the rules shall include as a health care995
professional a physician assistant, a clinical nurse specialist, a996
certified nurse practitioner, or a certified nurse-midwife.997

       (J) The director of job and family services shall send copies 998
of proposed rules to each licensee and each county director of job 999
and family services and shall give public notice of hearings1000
regarding the rules to each licensee and each county director of 1001
job and family services at least thirty days prior to the date of 1002
the public hearing, in accordance with section 119.03 of the 1003
Revised Code. Prior to the effective date of a rule, the director 1004
of job and family services shall provide copies of the adopted 1005
rule to each licensee and each county director of job and family 1006
services.1007

       The county director of job and family services shall send1008
copies of proposed rules to each authorized provider and in-home1009
aide and shall give public notice of hearings regarding the rules1010
to each authorized provider and in-home aide at least thirty days1011
prior to the date of the public hearing, in accordance with1012
section 119.03 of the Revised Code. Prior to the effective date of 1013
a rule, the county director of job and family services shall1014
provide copies of the adopted rule to each authorized provider and1015
in-home aide.1016

       Additional copies of proposed and adopted rules shall be made1017
available by the director of job and family services to the public1018
on request at no charge.1019

       (K) The director of job and family services shall review all1020
rules adopted pursuant to this chapter at least once every seven1021
years.1022

       (L) Notwithstanding any provision of the Revised Code, the1023
director of job and family services shall not regulate in any way1024
under this chapter or rules adopted pursuant to this chapter,1025
instruction in religious or moral doctrines, beliefs, or values.1026

       Section 2. That existing section 5104.011 of the Revised Code 1027
is hereby repealed.1028