As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 536


Representatives Smith, Antonio 

Cosponsors: Representatives Letson, Pillich, Stebelton, Fedor, Brown 

A BILL
To amend sections 5104.015, 5104.017, and 5104.018 1
and to enact section 5104.014 of the Revised Code 2
to require that children enrolled in licensed 3
child care facilities be immunized in accordance 4
with a schedule that is based on the schedule 5
recommended by the Advisory Committee on 6
Immunization Practices of the Centers for Disease 7
Control and Prevention.8


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

       Section 1.  That sections 5104.015, 5104.017, and 5104.018 be 9
amended and section 5104.014 of the Revised Code be enacted to 10
read as follows:11

       Sec. 5104.014.  (A) The director of job and family services 12
shall adopt for the purposes of this section and sections 13
5104.015, 5104.017, and 5104.08 of the Revised Code an 14
immunization schedule for persons age zero through eighteen years. 15
As initially established, the schedule shall be the same as the 16
schedule recommended by the advisory committee on immunization 17
practices of the centers for disease control and prevention of the 18
United States department of health and human services. The 19
director may periodically revise the schedule established under 20
this division to reflect revisions in the schedule adopted by the 21
advisory committee on immunization practices. 22

        (B) Except as provided in division (C) of this section, as a 23
condition of enrollment in a child day-care center, type A family 24
day-care home, or licensed type B family day-care home, a child 25
shall be immunized in accordance with the schedule adopted by the 26
director under division (A) of this section. 27

       (C) A child is not required to be immunized against a disease 28
specified in the schedule established pursuant to division (A) of 29
this section as a condition of the child's enrollment in a center, 30
type A home, or licensed type B home if either of the following 31
applies:32

       (1) The child's physician certifies in writing that 33
immunization against the disease is medically contraindicated for 34
the child;35

       (2) The child's parent or guardian certifies in writing that 36
the parent or guardian declines to have the child immunized 37
against the disease for reasons of conscience, including religious 38
convictions.39

       Sec. 5104.015.  The director of job and family services shall 40
adopt rules in accordance with Chapter 119. of the Revised Code 41
governing the operation of child day-care centers, including 42
parent cooperative centers, part-time centers, drop-in centers, 43
and school-age child care centers. The rules shall reflect the 44
various forms of child care and the needs of children receiving 45
child care or publicly funded child care and shall include 46
specific rules for school-age child care centers that are 47
developed in consultation with the department of education. The 48
rules shall not require an existing school facility that is in 49
compliance with applicable building codes to undergo an additional 50
building code inspection or to have structural modifications. The 51
rules shall include the following:52

       (A) Submission of a site plan and descriptive plan of 53
operation to demonstrate how the center proposes to meet the 54
requirements of this chapter and rules adopted pursuant to this 55
chapter for the initial license application;56

       (B) Standards for ensuring that the physical surroundings of 57
the center are safe and sanitary including the physical 58
environment, the physical plant, and the equipment of the center;59

       (C) Standards for the supervision, care, and discipline of 60
children receiving child care or publicly funded child care in the 61
center;62

       (D) Standards for a program of activities, and for play 63
equipment, materials, and supplies, to enhance the development of 64
each child; however, any educational curricula, philosophies, and 65
methodologies that are developmentally appropriate and that 66
enhance the social, emotional, intellectual, and physical 67
development of each child shall be permissible. As used in this 68
division, "program" does not include instruction in religious or 69
moral doctrines, beliefs, or values that is conducted at child 70
day-care centers owned and operated by churches and does include 71
methods of disciplining children at child day-care centers.72

       (E) Admissions policies and procedures, health;73

       (F) Health care policies and procedures, including procedures 74
for the isolation of children with communicable diseases, first;75

       (G) First aid and emergency procedures, procedures;76

       (H) Procedures for discipline and supervision of children, 77
standards;78

       (I) Standards for the provision of nutritious meals and 79
snacks, and procedures;80

       (J) Procedures for screening children and employees, that may 81
include any necessary physical examinations and shall include82
immunizations in accordance with section 5104.014 of the Revised 83
Code;84

       (F)(K) Procedures for screening employees that may include 85
any necessary physical examinations and immunizations;86

       (L) Methods for encouraging parental participation in the 87
center and methods for ensuring that the rights of children, 88
parents, and employees are protected and that responsibilities of 89
parents and employees are met;90

       (G)(M) Procedures for ensuring the safety and adequate 91
supervision of children traveling off the premises of the center 92
while under the care of a center employee;93

       (H)(N) Procedures for record keeping, organization, and 94
administration;95

       (I)(O) Procedures for issuing, denying, and revoking a 96
license that are not otherwise provided for in Chapter 119. of the 97
Revised Code;98

       (J)(P) Inspection procedures;99

       (K)(Q) Procedures and standards for setting initial license 100
application fees;101

       (L)(R) Procedures for receiving, recording, and responding to 102
complaints about centers;103

       (M)(S) Procedures for enforcing section 5104.04 of the 104
Revised Code;105

       (N)(T) A standard requiring the inclusion of a current 106
department of job and family services toll-free telephone number 107
on each center provisional license or license which any person may 108
use to report a suspected violation by the center of this chapter 109
or rules adopted pursuant to this chapter;110

       (O)(U) Requirements for the training of administrators and 111
child-care staff members in first aid, in prevention, recognition, 112
and management of communicable diseases, and in child abuse 113
recognition and prevention. Training requirements for child 114
day-care centers adopted under this division shall be consistent 115
with sections 5104.034 and 5104.037 of the Revised Code.116

       (P)(V) Standards providing for the special needs of children 117
who are handicapped or who require treatment for health conditions 118
while the child is receiving child care or publicly funded child 119
care in the center;120

       (Q)(W) A procedure for reporting of injuries of children that 121
occur at the center;122

       (R)(X) Standards for licensing child day-care centers for 123
children with short-term illnesses and other temporary medical 124
conditions;125

       (S)(Y) Any other procedures and standards necessary to carry 126
out the provisions of this chapter regarding child day-care 127
centers.128

       Sec. 5104.017. The director of job and family services shall 129
adopt rules pursuant to Chapter 119. of the Revised Code governing 130
the operation of type A family day-care homes, including parent 131
cooperative type A homes, part-time type A homes, drop-in type A 132
homes, and school-age child type A homes. The rules shall reflect 133
the various forms of child care and the needs of children 134
receiving child care. The rules shall include the following: 135

       (A) Submission of a site plan and descriptive plan of 136
operation to demonstrate how the type A home proposes to meet the 137
requirements of this chapter and rules adopted pursuant to this 138
chapter for the initial license application;139

       (B) Standards for ensuring that the physical surroundings of 140
the type A home are safe and sanitary, including the physical 141
environment, the physical plant, and the equipment of the type A 142
home; 143

       (C) Standards for the supervision, care, and discipline of 144
children receiving child care or publicly funded child care in the 145
type A home; 146

       (D) Standards for a program of activities, and for play 147
equipment, materials, and supplies, to enhance the development of 148
each child; however, any educational curricula, philosophies, and 149
methodologies that are developmentally appropriate and that 150
enhance the social, emotional, intellectual, and physical 151
development of each child shall be permissible;152

       (E) Admissions policies and procedures, health;153

       (F) Health care policies and procedures, including procedures 154
for the isolation of children with communicable diseases, first;155

       (G) First aid and emergency procedures, procedures;156

       (H) Procedures for discipline and supervision of children, 157
standards;158

       (I) Standards for the provision of nutritious meals and 159
snacks, and procedures;160

       (J) Procedures for screening children and employees, 161
including any necessary physical examinations and the162
immunizations required pursuant to section 5104.014 of the Revised 163
Code; 164

       (F)(K) Procedures for screening employees, including any 165
necessary physical examinations and immunizations;166

       (L) Methods for encouraging parental participation in the 167
type A home and methods for ensuring that the rights of children, 168
parents, and employees are protected and that the responsibilities 169
of parents and employees are met;170

       (G)(M) Procedures for ensuring the safety and adequate 171
supervision of children traveling off the premises of the type A 172
home while under the care of a type A home employee;173

       (H)(N) Procedures for record keeping, organization, and 174
administration; 175

       (I)(O) Procedures for issuing, denying, and revoking a 176
license that are not otherwise provided for in Chapter 119. of the 177
Revised Code; 178

       (J)(P) Inspection procedures; 179

       (K)(Q) Procedures and standards for setting initial license 180
application fees;181

       (L)(R) Procedures for receiving, recording, and responding to 182
complaints about type A homes; 183

       (M)(S) Procedures for enforcing section 5104.04 of the 184
Revised Code; 185

       (N)(T) A standard requiring the inclusion of a current 186
department of job and family services toll-free telephone number 187
on each type A home license that any person may use to report a 188
suspected violation by the type A home of this chapter or rules 189
adopted pursuant to this chapter; 190

       (O)(U) Requirements for the training of administrators and 191
child-care staff members in first aid, in prevention, recognition, 192
and management of communicable diseases, and in child abuse 193
recognition and prevention; 194

       (P)(V) Standards providing for the special needs of children 195
who are handicapped or who require treatment for health conditions 196
while the child is receiving child care or publicly funded child 197
care in the type A home; 198

       (Q)(W) Standards for the maximum number of children per 199
child-care staff member; 200

       (R)(X) Requirements for the amount of usable indoor floor 201
space for each child;202

       (S)(Y) Requirements for safe outdoor play space;203

       (T)(Z) Qualifications and training requirements for 204
administrators and for child-care staff members;205

       (U)(AA) Procedures for granting a parent who is the 206
residential parent and legal custodian, or a custodian or guardian 207
access to the type A home during its hours of operation; 208

       (V)(BB) Standards for the preparation and distribution of a 209
roster of parents, custodians, and guardians;210

       (W)(CC) Any other procedures and standards necessary to carry 211
out the provisions of this chapter regarding type A homes.212

       Sec. 5104.018.  The director of job and family services shall 213
adopt rules in accordance with Chapter 119. of the Revised Code 214
governing the licensure of type B family day-care homes. The rules 215
shall provide for safeguarding the health, safety, and welfare of 216
children receiving child care or publicly funded child care in a 217
licensed type B family day-care home and shall include all of the 218
following:219

       (A) Requirements for the type B home to notify parents with 220
children in the type B home that the type B home is certified as a 221
foster home under section 5103.03 of the Revised Code. 222

       (B) Standards for ensuring that the type B home and the 223
physical surroundings of the type B home are safe and sanitary, 224
including physical environment, physical plant, and equipment; 225

       (C) Standards for the supervision, care, and discipline of 226
children receiving child care or publicly funded child care in the 227
home; 228

       (D) Standards for a program of activities, and for play 229
equipment, materials, and supplies to enhance the development of 230
each child; however, any educational curricula, philosophies, and 231
methodologies that are developmentally appropriate and that 232
enhance the social, emotional, intellectual, and physical 233
development of each child shall be permissible;234

       (E) Admission policies and procedures, health;235

       (F) Health care, first aid and emergency procedures, 236
procedures;237

       (G) Procedures for the care of sick children, procedures;238

       (H) Procedures for discipline and supervision of children, 239
nutritional;240

       (I) Nutritional standards, and procedures;241

       (J) Procedures for screening children and administrators, 242
including any necessary physical examinations and the243
immunizations required pursuant to section 5104.014 of the Revised 244
Code; 245

       (F)(K) Procedures for screening administrators, including any 246
necessary physical examinations and immunizations;247

       (L) Methods of encouraging parental participation and 248
ensuring that the rights of children, parents, and administrators 249
are protected and the responsibilities of parents and 250
administrators are met; 251

       (G)(M) Standards for the safe transport of children when 252
under the care of administrators; 253

       (H)(N) Procedures for issuing, denying, or revoking licenses; 254

       (I)(O) Procedures for the inspection of type B homes that 255
require, at a minimum, that each type B home be inspected prior to 256
licensure to ensure that the home is safe and sanitary; 257

       (J)(P) Procedures for record keeping and evaluation; 258

       (K)(Q) Procedures for receiving, recording, and responding to 259
complaints; 260

       (L)(R) Standards providing for the special needs of children 261
who are handicapped or who receive treatment for health conditions 262
while the child is receiving child care or publicly funded child 263
care in the type B home; 264

       (M)(S) Requirements for the amount of usable indoor floor 265
space for each child;266

       (N)(T) Requirements for safe outdoor play space; 267

       (O)(U) Qualification and training requirements for 268
administrators; 269

       (P)(V) Procedures for granting a parent who is the 270
residential parent and legal custodian, or a custodian or guardian 271
access to the type B home during its hours of operation; 272

       (Q)(W) Requirements for the type B home to notify parents 273
with children in the type B home that the type B home is certified 274
as a foster home under section 5103.03 of the Revised Code;275

       (R)(X) Any other procedures and standards necessary to carry 276
out the provisions of this chapter regarding licensure of type B 277
homes.278

       Section 2.  That existing sections 5104.015, 5104.017, and 279
5104.018 of the Revised Code are hereby repealed.280