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| To enact section 5104.041 of the Revised Code to | 1 |
| require Type A and Type B family day-care homes to | 2 |
| generally procure and maintain liability insurance | 3 |
| and permit an owner of real property where a | 4 |
| family day-care home is located to be listed as | 5 |
| an additional insured party on a liability | 6 |
| insurance policy under certain circumstances. | 7 |
| Section 1. That section 5104.041 of the Revised Code be | 8 |
| enacted to read as follows: | 9 |
| Sec. 5104.041. (A) All type A and type B family day-care | 10 |
| homes shall procure and maintain one of the following: | 11 |
| (1) Liability insurance issued by an insurer authorized to do | 12 |
| business in this state under Chapter 3905. of the Revised Code | 13 |
| insuring the type A or type B family day-care home against | 14 |
| liability arising out of, or in connection with, the operation of | 15 |
| the family day-care home. Liability insurance procured under this | 16 |
| division shall cover any cause for which the type A or type B | 17 |
| family day-care home would be liable, in the amount of at least | 18 |
| one hundred thousand dollars per occurrence and three hundred | 19 |
| thousand dollars in the aggregate. | 20 |
| (2) An affidavit signed by the parent, guardian, or custodian | 21 |
| of each child receiving child care from the type A or type B | 22 |
| family day-care home that states all of the following: | 23 |
| (a) The family day-care home does not carry liability | 24 |
| insurance described in division (A)(1) of this section; | 25 |
| (b) If the licensee of a type A family day-care home or the | 26 |
| provider of a type B family day-care home is not the owner of | 27 |
| the real property where the family day-care home is located, the | 28 |
| liability insurance, if any, of the owner of the real property | 29 |
| may not provide for coverage of any liability arising out of, or | 30 |
| in connection with, the operation of the family day-care home. | 31 |
| (B) If the licensee of a type A family day-care home or the | 32 |
| provider of a type B family day-care home is not the owner of | 33 |
| the real property where the family day-care home is located and | 34 |
| the family day-care home procures liability insurance described | 35 |
| in division (A)(1) of this section, that licensee or provider | 36 |
| shall name the owner of the real property as an additional | 37 |
| insured party on the liability insurance policy if all of the | 38 |
| following apply: | 39 |
| (1) The owner of the real property requests the licensee or | 40 |
| provider, in writing, to add the owner of the real property to | 41 |
| the liability insurance policy as an additional insured party. | 42 |
| (2) The addition of the owner of the real property does not | 43 |
| result in cancellation or nonrenewal of the insurance policy | 44 |
| procured by the type A or type B family day-care home. | 45 |
| (3) The owner of the real property pays any additional | 46 |
| premium assessed for coverage of the owner of the real property. | 47 |
| (C) Proof of insurance or affidavit required under division | 48 |
| (A) of this section shall be maintained at the type A or type B | 49 |
| family day-care home and made available for review during | 50 |
| inspection or investigation as required under this chapter. | 51 |
| (D) The director of job and family services shall adopt rules | 52 |
| for the enforcement of this section. | 53 |