As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 268

Senator Cafaro 

Cosponsor: Senator Seitz 

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A BILL

To amend sections 5104.01 and 5104.38 and to enact

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section 5104.023 of the Revised Code to permit a

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type B family day-care home to have more than six

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children on the premises under certain

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circumstances.

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

Section 1. That sections 5104.01 and 5104.38 be amended and	6
section 5104.023 of the Revised Code be enacted to read as	7
follows:	8

Sec. 5104.01.  As used in this chapter:

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(A) "Administrator" means the person responsible for the	10
daily operation of a center, type A home, or type B home. The	11
administrator and the owner may be the same person.	12

(B) "Approved child day camp" means a child day camp approved	13
pursuant to section 5104.22 of the Revised Code.	14

(C) "Border state child care provider" means a child care	15
provider that is located in a state bordering Ohio and that is	16
licensed, certified, or otherwise approved by that state to	17
provide child care.	18

(D) "Career pathways model" means an alternative pathway to	19
meeting the requirements to be a child-care staff member or	20
administrator that does both of the following:	21

(1) Uses a framework approved by the director of job and	22
family services to document formal education, training,	23
experience, and specialized credentials and certifications;	24

(2) Allows the child-care staff member or administrator to	25
achieve a designation as an early childhood professional level	26
one, two, three, four, five, or six.	27

(E) "Caretaker parent" means the father or mother of a child	28
whose presence in the home is needed as the caretaker of the	29
child, a person who has legal custody of a child and whose	30
presence in the home is needed as the caretaker of the child, a	31
guardian of a child whose presence in the home is needed as the	32
caretaker of the child, and any other person who stands in loco	33
parentis with respect to the child and whose presence in the home	34
is needed as the caretaker of the child.	35

(F) "Chartered nonpublic school" means a school that meets	36
standards for nonpublic schools prescribed by the state board of	37
education for nonpublic schools pursuant to section 3301.07 of the	38
Revised Code.	39

(G) "Child" includes an infant, toddler, preschool-age child,	40
or school-age child.	41

(H) "Child care block grant act" means the "Child Care and	42
Development Block Grant Act of 1990," established in section 5082	43
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	44
1388-236 (1990), 42 U.S.C. 9858, as amended.	45

(I) "Child day camp" means a program in which only school-age	46
children attend or participate, that operates for no more than	47
seven hours per day, that operates only during one or more public	48
school district's regular vacation periods or for no more than	49
fifteen weeks during the summer, and that operates outdoor	50
activities for each child who attends or participates in the	51
program for a minimum of fifty per cent of each day that children	52
attend or participate in the program, except for any day when	53
hazardous weather conditions prevent the program from operating	54
outdoor activities for a minimum of fifty per cent of that day.	55
For purposes of this division, the maximum seven hours of	56
operation time does not include transportation time from a child's	57
home to a child day camp and from a child day camp to a child's	58
home.	59

(J) "Child care" means administering to the needs of infants,	60
toddlers, preschool-age children, and school-age children outside	61
of school hours by persons other than their parents or guardians,	62
custodians, or relatives by blood, marriage, or adoption for any	63
part of the twenty-four-hour day in a place or residence other	64
than a child's own home.	65

(K) "Child day-care center" and "center" mean any place in	66
which child care or publicly funded child care is provided for	67
thirteen or more children at one time or any place that is not the	68
permanent residence of the licensee or administrator in which	69
child care or publicly funded child care is provided for seven to	70
twelve children at one time. In counting children for the purposes	71
of this division, any children under six years of age who are	72
related to a licensee, administrator, or employee and who are on	73
the premises of the center shall be counted. "Child day-care	74
center" and "center" do not include any of the following:	75

(1) A place located in and operated by a hospital, as defined	76
in section 3727.01 of the Revised Code, in which the needs of	77
children are administered to, if all the children whose needs are	78
being administered to are monitored under the on-site supervision	79
of a physician licensed under Chapter 4731. of the Revised Code or	80
a registered nurse licensed under Chapter 4723. of the Revised	81
Code, and the services are provided only for children who, in the	82
opinion of the child's parent, guardian, or custodian, are	83
exhibiting symptoms of a communicable disease or other illness or	84
are injured;	85

(2) A child day camp;

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(3) A place that provides child care, but not publicly funded	87
child care, if all of the following apply:	88

(a) An organized religious body provides the child care;

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(b) A parent, custodian, or guardian of at least one child	90
receiving child care is on the premises and readily accessible at	91
all times;	92

(c) The child care is not provided for more than thirty days	93
a year;	94

(d) The child care is provided only for preschool-age and	95
school-age children.	96

(L) "Child care resource and referral service organization"	97
means a community-based nonprofit organization that provides child	98
care resource and referral services but not child care.	99

(M) "Child care resource and referral services" means all of	100
the following services:	101

(1) Maintenance of a uniform data base of all child care	102
providers in the community that are in compliance with this	103
chapter, including current occupancy and vacancy data;	104

(2) Provision of individualized consumer education to	105
families seeking child care;	106

(3) Provision of timely referrals of available child care	107
providers to families seeking child care;	108

(4) Recruitment of child care providers;

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(5) Assistance in the development, conduct, and dissemination	110
of training for child care providers and provision of technical	111
assistance to current and potential child care providers,	112
employers, and the community;	113

(6) Collection and analysis of data on the supply of and	114
demand for child care in the community;	115

(7) Technical assistance concerning locally, state, and	116
federally funded child care and early childhood education	117
programs;	118

(8) Stimulation of employer involvement in making child care	119
more affordable, more available, safer, and of higher quality for	120
their employees and for the community;	121

(9) Provision of written educational materials to caretaker	122
parents and informational resources to child care providers;	123

(10) Coordination of services among child care resource and	124
referral service organizations to assist in developing and	125
maintaining a statewide system of child care resource and referral	126
services if required by the department of job and family services;	127

(11) Cooperation with the county department of job and family	128
services in encouraging the establishment of parent cooperative	129
child care centers and parent cooperative type A family day-care	130
homes.	131

(N) "Child-care staff member" means an employee of a child	132
day-care center or type A family day-care home who is primarily	133
responsible for the care and supervision of children. The	134
administrator may be a part-time child-care staff member when not	135
involved in other duties.	136

(O) "Drop-in child day-care center," "drop-in center,"	137
"drop-in type A family day-care home," and "drop-in type A home"	138
mean a center or type A home that provides child care or publicly	139
funded child care for children on a temporary, irregular basis.	140

(P) "Employee" means a person who either:

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(1) Receives compensation for duties performed in a child	142
day-care center or type A family day-care home;	143

(2) Is assigned specific working hours or duties in a child	144
day-care center or type A family day-care home.	145

(Q) "Employer" means a person, firm, institution,	146
organization, or agency that operates a child day-care center or	147
type A family day-care home subject to licensure under this	148
chapter.	149

(R) "Federal poverty line" means the official poverty	150
guideline as revised annually in accordance with section 673(2) of	151
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	152
U.S.C. 9902, as amended, for a family size equal to the size of	153
the family of the person whose income is being determined.	154

(S) "Head start program" means a comprehensive child	155
development program that receives funds distributed under the	156
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	157
amended, and is licensed as a child day-care center.	158

(T) "Income" means gross income, as defined in section	159
5107.10 of the Revised Code, less any amounts required by federal	160
statutes or regulations to be disregarded.	161

(U) "Indicator checklist" means an inspection tool, used in	162
conjunction with an instrument-based program monitoring	163
information system, that contains selected licensing requirements	164
that are statistically reliable indicators or predictors of a	165
child day-care center's type A family day-care home's, or licensed	166
type B family day-care home's compliance with licensing	167
requirements.	168

(V) "Infant" means a child who is less than eighteen months	169
of age.	170

(W) "In-home aide" means a person who does not reside with	171
the child but provides care in the child's home and is certified	172
by a county director of job and family services pursuant to	173
section 5104.12 of the Revised Code to provide publicly funded	174
child care to a child in a child's own home pursuant to this	175
chapter and any rules adopted under it.	176

(X) "Instrument-based program monitoring information system"	177
means a method to assess compliance with licensing requirements	178
for child day-care centers, type A family day-care homes, and	179
licensed type B family day-care homes in which each licensing	180
requirement is assigned a weight indicative of the relative	181
importance of the requirement to the health, growth, and safety of	182
the children that is used to develop an indicator checklist.	183

(Y) "Legal custody" has the same meaning as in section	184
2151.011 of the Revised Code.	185

(Z) "License capacity" means the maximum number in each age	186
category of children who may be cared for in a child day-care	187
center or type A family day-care home at one time as determined by	188
the director of job and family services considering building	189
occupancy limits established by the department of commerce, amount	190
of available indoor floor space and outdoor play space, and amount	191
of available play equipment, materials, and supplies. For the	192
purposes of a provisional license issued under this chapter, the	193
director shall also consider the number of available child-care	194
staff members when determining "license capacity" for the	195
provisional license.	196

(Z)(AA) "Licensed child care program" means any of the	197
following:	198

(1) A child day-care center licensed by the department of job	199
and family services pursuant to this chapter;	200

(2) A type A family day-care home or type B family day-care	201
home licensed by the department of job and family services	202
pursuant to this chapter;	203

(3) A licensed preschool program or licensed school child	204
program.	205

(AA)(BB) "Licensed preschool program" or "licensed school	206
child program" means a preschool program or school child program,	207
as defined in section 3301.52 of the Revised Code, that is	208
licensed by the department of education pursuant to sections	209
3301.52 to 3301.59 of the Revised Code.	210

(BB)(CC) "Licensed type B family day-care home" and "licensed	211
type B home" mean a type B family day-care home for which there is	212
a valid license issued by the director of job and family services	213
pursuant to section 5104.03 of the Revised Code.	214

(CC)(DD) "Licensee" means the owner of a child day-care	215
center, type A family day-care home, or type B family day-care	216
home that is licensed pursuant to this chapter and who is	217
responsible for ensuring its compliance with this chapter and	218
rules adopted pursuant to this chapter.	219

(DD)(EE) "Operate a child day camp" means to operate,	220
establish, manage, conduct, or maintain a child day camp.	221

(EE)(FF) "Owner" includes a person, as defined in section	222
1.59 of the Revised Code, or government entity.	223

(FF)(GG) "Parent cooperative child day-care center," "parent	224
cooperative center," "parent cooperative type A family day-care	225
home," and "parent cooperative type A home" mean a corporation or	226
association organized for providing educational services to the	227
children of members of the corporation or association, without	228
gain to the corporation or association as an entity, in which the	229
services of the corporation or association are provided only to	230
children of the members of the corporation or association,	231
ownership and control of the corporation or association rests	232
solely with the members of the corporation or association, and at	233
least one parent-member of the corporation or association is on	234
the premises of the center or type A home during its hours of	235
operation.	236

(GG)(HH) "Part-time child day-care center," "part-time	237
center," "part-time type A family day-care home," and "part-time	238
type A home" mean a center or type A home that provides child care	239
or publicly funded child care for no more than four hours a day	240
for any child.	241

(HH)(II) "Place of worship" means a building where activities	242
of an organized religious group are conducted and includes the	243
grounds and any other buildings on the grounds used for such	244
activities.	245

(II)(JJ) "Preschool-age child" means a child who is three	246
years old or older but is not a school-age child.	247

(JJ)(KK) "Protective child care" means publicly funded child	248
care for the direct care and protection of a child to whom either	249
of the following applies:	250

(1) A case plan prepared and maintained for the child	251
pursuant to section 2151.412 of the Revised Code indicates a need	252
for protective care and the child resides with a parent,	253
stepparent, guardian, or another person who stands in loco	254
parentis as defined in rules adopted under section 5104.38 of the	255
Revised Code;	256

(2) The child and the child's caretaker either temporarily	257
reside in a facility providing emergency shelter for homeless	258
families or are determined by the county department of job and	259
family services to be homeless, and are otherwise ineligible for	260
publicly funded child care.	261

(KK)(LL) "Publicly funded child care" means administering to	262
the needs of infants, toddlers, preschool-age children, and	263
school-age children under age thirteen during any part of the	264
twenty-four-hour day by persons other than their caretaker parents	265
for remuneration wholly or in part with federal or state funds,	266
including funds available under the child care block grant act,	267
Title IV-A, and Title XX, distributed by the department of job and	268
family services.	269

(LL)(MM) "Religious activities" means any of the following:	270
worship or other religious services; religious instruction; Sunday	271
school classes or other religious classes conducted during or	272
prior to worship or other religious services; youth or adult	273
fellowship activities; choir or other musical group practices or	274
programs; meals; festivals; or meetings conducted by an organized	275
religious group.	276

(MM)(NN) "School-age child" means a child who is enrolled in	277
or is eligible to be enrolled in a grade of kindergarten or above	278
but is less than fifteen years old.	279

(NN)(OO) "School-age child care center" and "school-age child	280
type A home" mean a center or type A home that provides child care	281
for school-age children only and that does either or both of the	282
following:	283

(1) Operates only during that part of the day that	284
immediately precedes or follows the public school day of the	285
school district in which the center or type A home is located;	286

(2) Operates only when the public schools in the school	287
district in which the center or type A home is located are not	288
open for instruction with pupils in attendance.	289

(OO)(PP) "Serious risk noncompliance" means a licensure or	290
certification rule violation that leads to a great risk of harm	291
to, or death of, a child, and is observable, not inferable.	292

(PP)(QQ) "State median income" means the state median income	293
calculated by the department of development pursuant to division	294
(A)(1)(g) of section 5709.61 of the Revised Code.	295

(QQ)(RR) "Title IV-A" means Title IV-A of the "Social	296
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	297

(RR)(SS) "Title XX" means Title XX of the "Social Security	298
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	299

(SS)(TT) "Toddler" means a child who is at least eighteen	300
months of age but less than three years of age.	301

(TT)(UU) "Type A family day-care home" and "type A home" mean	302
a permanent residence of the administrator in which child care or	303
publicly funded child care is provided for seven to twelve	304
children at one time or a permanent residence of the administrator	305
in which child care is provided for four to twelve children at one	306
time if four or more children at one time are under two years of	307
age. In counting children for the purposes of this division, any	308
children under six years of age who are related to a licensee,	309
administrator, or employee and who are on the premises of the type	310
A home shall be counted. "Type A family day-care home" and "type A	311
home" do not include any child day camp.	312

(UU)(VV) "Type B family day-care home" and "type B home" mean	313
a permanent residence of the provider in which child care is	314
provided for one to six children at one time and in which no more	315
than three children are under two years of age at one time. In	316
counting children for the purposes of this division, any children	317
under six years of age who are related to the provider and who are	318
on the premises of the type B home shall be counted. "Type B	319
family day-care home" and "type B home" do not include any child	320
day camp.	321

Sec. 5104.023.  (A) Each child who is under six years of age	322
and on the premises of a place in which child care is provided	323
counts in determining whether the place is a child day-care	324
center, type A family day-care home, or type B family day-care	325
home, regardless of whether the child is related to or in the	326
legal custody of the licensee, the administrator, or an employee	327
of the center or home.	328

(B) At the request of the administrator of a type B family	329
day-care home, the administrator's permanent residence may be	330
licensed as a type B family day-care home rather than a child	331
day-care center or type A family day-care home even though there	332
are more than six children on the premises at one time if all of	333
the additional children are at least six years of age and related	334
to or in the legal custody of the administrator and regardless of	335
whether the additional children receive privately funded or	336
publicly funded child care at the residence.	337

Sec. 5104.38.  In addition to any other rules adopted under	338
this chapter, the director of job and family services shall adopt	339
rules in accordance with Chapter 119. of the Revised Code	340
governing financial and administrative requirements for publicly	341
funded child care and establishing all of the following:	342

(A) Procedures and criteria to be used in making	343
determinations of eligibility for publicly funded child care that	344
give priority to children of families with lower incomes and	345
procedures and criteria for eligibility for publicly funded	346
protective child care. The rules shall specify the maximum amount	347
of income a family may have for initial and continued eligibility.	348
The maximum amount shall not exceed two hundred per cent of the	349
federal poverty line. The rules may specify exceptions to the	350
eligibility requirements in the case of a family that previously	351
received publicly funded child care and is seeking to have the	352
child care reinstated after the family's eligibility was	353
terminated.	354

(B) Procedures under which a county department of job and	355
family services may, if the department, under division (A) of this	356
section, specifies a maximum amount of income a family may have	357
for eligibility for publicly funded child care that is less than	358
the maximum amount specified in that division, specify a maximum	359
amount of income a family residing in the county the county	360
department serves may have for initial and continued eligibility	361
for publicly funded child care that is higher than the amount	362
specified by the department but does not exceed the maximum amount	363
specified in division (A) of this section;	364

(C) A schedule of fees requiring all eligible caretaker	365
parents to pay a fee for publicly funded child care according to	366
income and family size, which shall be uniform for all types of	367
publicly funded child care, except as authorized by rule, and, to	368
the extent permitted by federal law, shall permit the use of state	369
and federal funds to pay the customary deposits and other advance	370
payments that a provider charges all children who receive child	371
care from that provider. The schedule of fees may not provide for	372
a caretaker parent to pay a fee that exceeds ten per cent of the	373
parent's family income.	374

(D) A formula for determining the amount of state and federal	375
funds appropriated for publicly funded child care that may be	376
allocated to a county department to use for administrative	377
purposes;	378

(E) Procedures to be followed by the department and county	379
departments in recruiting individuals and groups to become	380
providers of child care;	381

(F) Procedures to be followed in establishing state or local	382
programs designed to assist individuals who are eligible for	383
publicly funded child care in identifying the resources available	384
to them and to refer the individuals to appropriate sources to	385
obtain child care;	386

(G) Procedures to deal with fraud and abuse committed by	387
either recipients or providers of publicly funded child care;	388

(H) Procedures for establishing a child care grant or loan	389
program in accordance with the child care block grant act;	390

(I) Standards and procedures for applicants to apply for	391
grants and loans, and for the department to make grants and loans;	392

(J) A definition of "person who stands in loco parentis" for	393
the purposes of division (JJ)(KK)(1) of section 5104.01 of the	394
Revised Code;	395

(K) Procedures for a county department of job and family	396
services to follow in making eligibility determinations and	397
redeterminations for publicly funded child care available through	398
telephone, computer, and other means at locations other than the	399
county department;	400

(L) If the director establishes a different reimbursement	401
ceiling under division (E)(3)(d) of section 5104.30 of the Revised	402
Code, standards and procedures for determining the amount of the	403
higher payment that is to be issued to a child care provider based	404
on the special needs of the child being served;	405

(M) To the extent permitted by federal law, procedures for	406
paying for up to thirty days of child care for a child whose	407
caretaker parent is seeking employment, taking part in employment	408
orientation activities, or taking part in activities in	409
anticipation of enrolling in or attending an education or training	410
program or activity, if the employment or the education or	411
training program or activity is expected to begin within the	412
thirty-day period;	413

(N) Any other rules necessary to carry out sections 5104.30	414
to 5104.43 of the Revised Code.	415

Section 2.  That existing sections 5104.01 and 5104.38 of the	416
Revised Code are hereby repealed.	417