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As Reported by House Children & Family Services Committee
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 176 |
REPRESENTATIVES WINKLER-BARRETT-BATEMAN-BENDER-JONES-KREBS-
LOGAN-D.MILLER-OPFER-SCHUCK-SCHULER-TERWILLEGER-
VANVYVEN-VESPER-WILLAMOWSKI
A BILL
To amend sections 5104.01, 5104.08, 5104.31, 5104.32, 5104.35,
5104.36, and 5104.38 of the Revised Code to authorize the use of child
day-care providers located in states bordering Ohio for
publicly funded child day-care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5104.01, 5104.08, 5104.31, 5104.32,
5104.35, 5104.36, and 5104.38 of the Revised Code be amended to
read as follows:
Sec. 5104.01. As used in this chapter:
(A) "Administrator" means the person responsible for the
daily operation of a center or type A home. The administrator
and the owner may be the same person.
(B) "Approved child day camp" means a child day camp
approved pursuant to section 5104.22 of the Revised Code.
(C) "Authorized provider" means a person authorized by a
county director of human services to operate a certified type B
family day-care home.
(D) "BORDER STATE CHILD DAY-CARE PROVIDER" MEANS A CHILD DAY-CARE
PROVIDER
THAT IS LOCATED IN A STATE BORDERING OHIO AND THAT IS LICENSED,
CERTIFIED,
OR OTHERWISE APPROVED BY THAT STATE TO PROVIDE CHILD DAY-CARE.
(E) "Caretaker parent" means the father or mother of a
child whose presence in the home is needed as the caretaker of
the child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(E)(F) "Certified type B family day-care home" and
"certified type B home" mean a type B family day-care home
that is certified by the director of the county department of human services
pursuant to section 5104.11 of the Revised Code to receive public
funds for providing child day-care pursuant to this chapter and
any rules adopted under it.
(F)(G) "Chartered nonpublic school" means a school that
meets standards for nonpublic schools prescribed by the state
board of education for nonpublic schools pursuant to section
3301.07 of the Revised Code.
(G)(H) "Child" includes an infant, toddler, preschool child,
or school child.
(H)(I) "Child care block grant act" means the "Child
Care and Development Block Grant
Act of 1990," established in section 5082 of the "Omnibus
Budget Reconciliation Act of 1990," 104
Stat. 1388-236 (1990), 42 U.S.C. 9858, as
amended.
(I)(J) "Child day camp" means a program in which only school
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a
child's home to a child day camp and from a child day camp to a
child's home.
(J)(K) "Child day-care" means administering to the needs of
infants, toddlers, preschool children, and school
children outside of school hours by persons other than their parents or
guardians, custodians, or relatives by blood, marriage, or
adoption for any part of the twenty-four-hour day in a place or
residence other than a child's own home.
(K)(L) "Child day-care center" and "center" mean any place
in which child day-care or publicly funded child day-care is
provided for thirteen or more children at one time or any place
that is not the permanent residence of the licensee or
administrator in which child day-care or publicly funded child
day-care is provided for seven to twelve children at one time.
In counting children for the purposes of this division, any
children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the
center shall be counted. "Child day-care center" and "center" do
not include any of the following:
(1) A place located in and operated by a hospital, as
defined in section 3727.01 of the Revised Code, in which the
needs of children are administered to, if all the children whose
needs are being administered to are monitored under the on-site
supervision of a physician licensed under Chapter 4731. of the Revised Code or a
registered nurse licensed under Chapter 4723.
of the Revised Code, and the services are provided only for
children who, in the opinion of the child's parent, guardian, or
custodian, are exhibiting symptoms of a communicable disease or
other illness or are injured;
(2) A child day camp;
(3) A place that provides child day-care, but
not publicly funded child day-care, if all of the
following apply:
(a) An organized religious body
provides the child day-care;
(b) A parent, custodian, or guardian of at least one
child receiving child day-care is on the
premises and readily accessible at all times;
(c) The child day-care is not provided for more than thirty days
a year;
(d) The child day-care is provided only for preschool and school
children.
(L)(M) "Child day-care resource and referral service
organization"
means a community-based nonprofit organization that provides child day-care
resource and referral services but not child day-care.
(M)(N) "Child day-care resource and referral services" means
all of the following services:
(1) Maintenance of a uniform data base of all child
day-care providers in the community that are in compliance with
this chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child day-care;
(3) Provision of timely referrals of available child
day-care providers to families seeking child day-care;
(4) Recruitment of child day-care providers;
(5) Assistance in the development, conduct, and dissemination of training
for child day-care providers
and provision of technical assistance to current and potential
child day-care providers, employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child day-care in the community;
(7) Technical assistance concerning locally, state, and federally funded
child day-care and early childhood education programs;
(8) Stimulation of employer involvement in making child
day-care more affordable, more available, safer, and of higher
quality for their employees and for the community;
(9) Provision of written educational materials to
caretaker parents and informational resources to child day-care
providers;
(10) Coordination of services among child day-care resource and referral
service organizations to assist in developing and maintaining a statewide
system of child day-care resource and referral services if required by the
department of human services;
(11) Cooperation with the county department of human
services in encouraging the establishment of parent cooperative
child day-care centers and parent cooperative type
A family day-care homes.
(N)(O) "Child-care staff member" means an employee of a
child day-care center or type A family day-care home who is
primarily responsible for the care and supervision of children.
The administrator may be a part-time child-care staff member when
not involved in other duties.
(O)(P) "Drop-in child day-care center," "drop-in center,"
"drop-in type A family day-care home," and "drop-in type A
home" mean a center or type A home that provides child day-care or
publicly funded child day-care for children on a temporary,
irregular basis.
(P)(Q) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a
child day-care center or type A family day-care home.
(Q)(R) "Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this chapter.
(R)(S) "Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2)
of the "Omnibus Budget Reconciliation Act
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended,
for a family size
equal to the size of the family of the person whose income is being
determined.
(S)(T) "Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42
U.S.C.A. 9831, as amended, or under
section 3301.31 of the Revised Code.
(T)(U) "Income" means gross income, as defined in section
5107.10
of the Revised Code, less any amounts required by federal statutes or
regulations to be
disregarded.
(U)(V) "Indicator checklist" means an inspection tool, used
in (U) "Indicator checklist" means an inspection tool, used in
conjunction with an instrument-based program monitoring information system,
that contains selected licensing requirements that are statistically reliable
indicators or predictors of a child day-care center or type A family
day-care home's compliance with licensing requirements.
(V)(W) "Infant" means a child who is less than
eighteen months of age.
(W)(X) "In-home aide" means a person certified by a county
director of human services pursuant to section 5104.12 of the Revised Code
to provide publicly funded child day-care to a child
in a child's own home pursuant to this chapter and any rules
adopted under it.
(X)(Y) "Instrument-based program monitoring information
system"
means a method to assess compliance with licensing requirements for child
day-care centers and type A family day-care homes in which each
licensing requirement is assigned a weight indicative of the relative
importance of the requirement to the health, growth, and safety of the
children that is used to develop an indicator checklist.
(Y)(Z) "License capacity" means the maximum number in each
age category of children who may be cared for in a child day-care center
or type A family day-care home at one time as determined by the
director of human services considering building occupancy limits
established by the department of commerce, number of available child-care
staff members, amount of available indoor floor space and outdoor play space,
and amount of available play equipment, materials, and supplies.
(Z)(AA) "Licensed preschool program" or "licensed school
child program" means a preschool program or school child program,
as defined in section 3301.52 of the Revised Code, that is
licensed by the department of education pursuant to sections
3301.52 to 3301.59 of the Revised Code.
(AA)(BB) "Licensee" means the owner of a child day-care
center
or type A family day-care home that is licensed pursuant to this
chapter and who is responsible for ensuring its compliance with
this chapter and rules adopted pursuant to this chapter.
(BB)(CC) "Operate a child day camp" means to operate,
establish, manage, conduct, or maintain a child day camp.
(CC)(DD) "Owner" includes a person, as defined in section
1.59 of the Revised Code, or government entity.
(DD)(EE) "Parent cooperative child day-care center," "parent
cooperative center," "parent cooperative type A family day-care
home," and "parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(EE)(FF) "Part-time child day-care center," "part-time
center,"
"part-time type A family day-care home," and "part-time type
A home" mean a center or type A home that provides child
day-care or publicly funded child day-care for no more than four hours a day
for any child.
(FF)(GG) "Place of worship" means a building where
activities of
an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(GG)(HH) "Preschool child" means a child who is three years
old or
older but is not a school child.
(HH)(II) "Protective day-care" means publicly funded child
day-care for the direct care and protection of a child to whom
either of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective day-care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the Revised Code;
(2) The child and the child's caretaker either temporarily
reside
in a facility providing emergency shelter for homeless families
or are determined by the county department of human services to
be homeless, and are otherwise ineligible for publicly funded
child day-care.
(II)(JJ) "Publicly funded child day-care" means
administering
to the needs of infants, toddlers, preschool
children, and school children under age thirteen during
any part of the
twenty-four-hour day by
persons other than their caretaker parents for remuneration
wholly or in part with federal or state funds, including child care
block grant act funds, distributed by the
department of human services.
(JJ)(KK) "Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or prior to
worship
or other religious services; youth or adult fellowship
activities; choir or other musical group practices or programs;
meals; festivals; or meetings conducted by an organized religious
group.
(KK)(LL) "School child" means a child who is enrolled in or
is
eligible to be enrolled in a grade of kindergarten or above but
is less than fifteen years old.
(LL)(MM) "School child day-care center," "school child
center,"
"school child type A family day-care home," and "school child
type A family home" mean a center or type A home that
provides
child day-care for school children only and that does either or
both of the following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(MM)(NN) "Special needs day-care" means publicly funded
child
day-care that is provided for a child who is physically or
developmentally handicapped, mentally retarded, or mentally ill.
(NN)(OO) "State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(OO)(PP) "Toddler" means a child who is at least eighteen
months of age but less than three years of age.
(PP)(QQ) "Type A family day-care home" and "type A home"
mean a
permanent residence of the administrator in which child day-care
or publicly funded child day-care is provided for seven to twelve
children at one time or a permanent residence of the
administrator in which child day-care is provided for four to
twelve children at one time if four or more children at one time
are under two years of age. In counting children for the
purposes of this division, any children under six years of age
who are related to a licensee, administrator, or employee and who
are on the premises of the type A home shall be counted. "Type A
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type A family day-care home" and "type A home" do not include
any child day camp.
(QQ)(RR) "Type B family day-care home" and "type B home" mean
a permanent residence of the provider in which child day-care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who
are on the premises of the type B home shall be counted. "Type B
family day-care home" does not include a residence in which the
needs of children are administered to, if all of the children
whose needs are being administered to are siblings of the same
immediate family and the residence is the home of the siblings.
"Type B family day-care home" and "type B home" do not include
any child day camp.
Sec. 5104.08. There is hereby created in the department of
human services a day-care advisory council to advise and assist
the department in the administration of this chapter and in the
development of child day-care. The council shall consist of
eighteen members appointed by the director of human services with
the approval of the governor. The director of human services,
the superintendent of public instruction, the director of health,
the director of commerce, and the state fire
marshal
shall serve as nonvoting members of the council.
Six members shall be representatives of child day-care
centers subject to licensing, the members to represent a variety
of centers, including nonprofit and proprietary, from different
geographical areas of the state. At least three members shall be
parents, guardians, or custodians of children in a head start
program or receiving child day-care or publicly funded child
day-care in the child's own home, a center, type A home,
certified type B home, or type B home at the time of appointment.
Three members shall be representatives of in-home aides, type A
homes, certified type B homes, or type B homes or head start
programs. At least two members shall represent county
departments of human services. The remaining members shall be
representatives of the teaching, child development, and health
professions, and other individuals interested in the welfare of
children. At least six members of the council shall not be
employees or licensees of a child day-care center or type A home,
or providers operating a certified type B home or type B home, or
in-home aides.
Six of the original appointments shall be for one year, six
for two years, and six for three years, and subsequent
appointments shall be for three-year terms. Vacancies shall be
filled for the unexpired terms.
The council shall advise the director on matters affecting
the licensing of centers and type A homes and the certification
of type B homes and in-home aides. The council shall make an
annual report to the director concerning the licensing,
certification, and regulation program, THE PROVISION OF PUBLICLY
FUNDED CHILD DAY-CARE BY BORDER STATE CHILD DAY-CARE PROVIDERS, and
the council's
recommendations concerning such THE REGULATION program AND
BORDER STATE CHILD DAY-CARE PROVIDERS. Copies of the report
shall be PROVIDED TO THE DIRECTOR, GOVERNOR, SPEAKER AND MINORITY LEADER OF
THE HOUSE OF REPRESENTATIVES, AND THE PRESIDENT AND MINORITY LEADER OF THE
SENATE AND, ON REQUEST, made available to the public upon
request.
Members of the council shall serve without compensation but
shall be reimbursed for necessary expenses.
Sec. 5104.31. Publicly funded child day-care may be provided
only by a THE FOLLOWING:
(A) A child
day-care center or type A family day-care home, including a parent
cooperative child day-care center or parent cooperative type A
family day-care home, licensed by the
department of
human services pursuant to section 5104.03 of the Revised Code,
a;
(B) A
type B family
day-care home certified by the county department of human
services pursuant to
section 5104.11 of the Revised Code, a;
(C) A type B family day-care home
that has received a limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, an;
(D) AN in-home aide
who has been
certified by
the county department of human services pursuant to section
5104.12 of the
Revised Code, a;
(E) A child day camp approved pursuant to section
5104.22 of the
Revised Code, a;
(F) A licensed preschool program, or a;
(G) A licensed school
child program;
(H) A BORDER STATE CHILD DAY-CARE PROVIDER, EXCEPT THAT A BORDER
STATE CHILD DAY-CARE PROVIDER MAY PROVIDE PUBLICLY FUNDED CHILD DAY-CARE ONLY
TO AN INDIVIDUAL WHO RESIDES IN AN OHIO COUNTY THAT BORDERS THE STATE
IN WHICH THE PROVIDER IS LOCATED.
Sec. 5104.32. (A) Except as provided in division (C)
of this section, all purchases of publicly funded child
day-care shall be made under a contract entered into by a
licensed child day-care center, licensed type A family day-care
home, certified type B family day-care home, certified in-home
aide, approved child day camp, licensed preschool program, or
licensed school child program, OR BORDER STATE CHILD DAY-CARE
PROVIDER and the county department of human
services. A county department of human services may enter into a
contract with a provider for publicly funded child day-care for a
specified period of time or upon a continuous basis for an
unspecified period of time. All contracts for publicly funded
child day-care shall be contingent upon the availability of state
and federal funds. The department of human services shall
prescribe a standard form to be used for all contracts for the
purchase of publicly funded child day-care, regardless of the
source of public funds used to purchase the child day-care. To
the extent permitted by federal law and notwithstanding any other
provision of the Revised Code that regulates state or county
contracts or contracts involving the expenditure of state,
county, or federal funds, all contracts for publicly funded child
day-care shall be entered into in accordance with the provisions
of this chapter and are exempt from any other provision of the
Revised Code that regulates state or county contracts or
contracts involving the expenditure of state, county, or federal
funds.
(B) Each contract for publicly funded child day-care shall
specify at least the following:
(1) Except as provided in division (B)(2) of this
section, that the provider of publicly funded child day-care
agrees to be paid for rendering services at the lower of the rate
customarily charged by the provider for children enrolled for
child day-care or the rate of reimbursement
established pursuant to section 5104.30 of the Revised Code;
(2) If the provider provides publicly funded child day-care to
caretaker parents who work nontraditional hours, that the
provider is to be paid for rendering services to those caretaker
parents at the rate of reimbursement established pursuant to
section 5104.30 of the Revised
Code regardless of whether that
rate is higher than the rate the provider customarily charges
for children enrolled for child day-care;
(3) That, if a provider provides child day-care to an
individual potentially eligible for publicly funded child
day-care who is subsequently determined to be eligible, the
county department agrees to pay for all child day-care provided
between the date the county department receives the individual's
completed application and the date the individual's eligibility
is determined;
(4) Whether the county department of human services, the
provider, or a child day-care resource and referral service
organization will make eligibility determinations, whether the
provider or a child day-care resource and referral service
organization will be required to collect information to be used
by the county department to make eligibility determinations, and
the time period within which the provider or child day-care
resource and referral service organization is required to
complete required eligibility determinations or to transmit to
the county department any information collected for the purpose
of making eligibility determinations;
(5) That the provider, OTHER THAN A BORDER STATE CHILD DAY-CARE
PROVIDER, shall continue to be licensed,
approved, or certified pursuant to this chapter or sections
3301.52 to 3301.59 of the Revised Code and shall comply with all
standards and other requirements in this chapter and those
sections and in rules adopted pursuant to this chapter or those
sections for maintaining the provider's license, approval, or
certification;
(6) THAT, IN THE CASE OF A BORDER STATE CHILD DAY-CARE PROVIDER, THE
PROVIDER SHALL CONTINUE TO BE LICENSED, CERTIFIED, OR OTHERWISE APPROVED BY
THE STATE IN
WHICH THE PROVIDER IS LOCATED AND SHALL COMPLY WITH ALL STANDARDS AND
OTHER REQUIREMENTS ESTABLISHED BY THAT STATE FOR MAINTAINING THE PROVIDER'S
LICENSE, CERTIFICATE, OR OTHER APPROVAL;
(7) Whether the provider will be paid by the county
department of human services or the state department of human
services;
(7)(8) That the contract is subject to the availability of
state and federal funds.
(C) Unless specifically prohibited by federal law, the
county department of human services shall give individuals
eligible for publicly funded child day-care the option of
obtaining certificates for payment that the individual may use to
purchase services from any provider qualified to provide publicly
funded child day-care under section 5104.31 of the Revised Code.
Providers of publicly funded child day-care may present these
certificates for payment for reimbursement in accordance with
rules that the department of human services shall adopt. Only
providers may receive reimbursement for certificates for payment.
The value of the certificate for payment shall be based on the
lower of the rate customarily charged by the provider or the
rate of reimbursement established pursuant to section
5104.30 of the Revised Code, unless the provider provides
publicly funded child day-care to caretaker parents who work
nontraditional hours, in which case the value of the certificate
for payment for the services to those caretaker parents shall be
based on the rate of reimbursement established pursuant to that
section regardless of whether that rate is higher than the rate
customarily charged by the provider. The county
department may provide the
certificates for payment to the individuals or may contract with
child day-care providers or child day-care resource and referral
service organizations that make determinations of eligibility for
publicly funded child day-care pursuant to contracts entered into
under section 5104.34 of the Revised Code for the providers or
resource and referral service organizations to provide the
certificates for payment to individuals whom they determine are
eligible for publicly funded child day-care.
Sec. 5104.35. (A) The county department of human services
shall do all of the following:
(1) Accept any gift, grant, or other funds from either
public or private sources offered unconditionally or under
conditions which are, in the judgment of the department, proper
and consistent with this chapter and deposit the funds in the
county public assistance fund established by section 5101.161 of
the Revised Code;
(2) Recruit individuals and groups interested in
certification as in-home aides or in developing and operating
suitable licensed child day-care centers, type A family day-care
homes, or certified type B family day-care homes, especially in
areas with high concentrations of recipients of public
assistance, and for that purpose provide consultation to
interested individuals and groups on request;
(3) Inform clients of the availability of child day-care
services;
(4) Pay to a child day-care center, type A family day-care
home, certified type B family day-care home, in-home aide,
approved child day camp, licensed preschool program, or licensed
school child program, OR BORDER STATE CHILD DAY-CARE PROVIDER
for child day-care services, the amount
provided for in division (B) of
section 5104.32 of the Revised Code. If part of the cost of care of a
child is paid by the child's parent or any other person, the
amount paid shall be subtracted from the amount the
county
department pays.
(5) In accordance with rules adopted pursuant to section
5104.39 of the Revised Code, provide monthly reports to the
director of human services and the director of budget and
management regarding expenditures for the purchase of publicly
funded child day-care.
(B) The county department of human services may do any of
the following:
(1) To the extent permitted by federal law, use public
child day-care funds to extend the hours of operation of the
county department to accommodate the needs of working caretaker
parents and enable those parents to apply for publicly funded
child day-care;
(2) In accordance with rules adopted by the state
department of human services, request a waiver of the maximum
rate of assistance that is established by the state department of
human services pursuant to section 5104.30 of the Revised Code
for the purpose of paying a higher rate for publicly funded child
day-care based upon the special needs of a child, the special
circumstances of a family, or unique child day-care market
conditions;
(3) To the extent permitted by federal law, use state and
federal funds to pay deposits and other advance payments that a
provider of child day-care customarily charges all children who
receive child day-care from that provider;
(4) To the extent permitted by federal law, pay for up to
thirty days of child day-care for a child whose caretaker parent
is seeking employment, taking part in employment orientation
activities, or taking part in activities in anticipation of
enrollment or attendance in an education or training program or
activity, if the employment or education or training program or
activity is expected to begin within the thirty-day period.
Sec. 5104.36. The licensee or administrator of a child
day-care center or type A family day-care home, the authorized
provider of a certified type B family day-care home, the AN
in-home
aide providing child day-care services, and the director or
administrator of an approved child day camp, AND A BORDER STATE
CHILD DAY-CARE PROVIDER shall keep a record
for each eligible child, to be made available to the county
department of human services or the department of human services
on request. The record shall include all of the following:
(A) The name and date of birth of the child;
(B) The name and address of his THE CHILD'S caretaker parent;
(C) The name and address of the caretaker parent's place
of employment or program of education or training;
(D) The hours for which child day-care services have been
provided for the child;
(E) Any other information required by the county
department of human services or the state department of human
services.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the department of human services shall adopt rules
in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly funded
child day-care and establishing all of the following:
(A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child day-care
that give priority to children of families with lower
incomes and procedures and
criteria for eligibility for publicly funded protective
day-care. The rules shall specify the maximum amount of
income a family may have for initial and continued eligibility. The
maximum amount shall not exceed one hundred eighty-five per cent of the
federal poverty line.
(B) Procedures under which a county department of human services may, if
the
department, under division (A) of this section, specifies a maximum
amount of income a family may have for eligibility for publicly funded child
day-care that is less than one hundred eighty-five per cent of the federal
poverty line, specify a maximum amount of income a family residing in the
county the county department serves may have for initial and
continued eligibility for publicly funded child day-care that is
higher than the amount specified by the department but does not exceed one
hundred eighty-five per cent of the federal poverty line;
(C) A schedule of fees requiring all eligible
caretaker parents to pay a fee for publicly funded child day-care
according to income and family size, which
shall be uniform for all types of publicly
funded child day-care, except as authorized by rule,
and, to the extent
permitted by federal law, shall permit the use of state and
federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
day-care from that provider;
(D) A formula based upon a percentage of the county's
total expenditures for publicly funded child day-care for
determining the maximum amount of state and federal funds
appropriated for publicly funded child day-care that a county
department may use for administrative purposes;
(E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child day-care;
(F) Procedures to be followed in establishing state or
local programs designed to assist individuals who are eligible
for publicly funded child day-care in identifying the resources
available to them and to refer the individuals to appropriate
sources to obtain child day-care;
(G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child day-care;
(H) Procedures for establishing a child day-care grant or
loan program in accordance with the child care block grant act;
(I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and
loans;
(J) A definition of "person who stands in loco parentis"
for the purposes of division (HH)(II)(1) of section
5104.01 of the Revised Code;
(K) Any other rules necessary to carry out sections
5104.30 to 5104.39 of the Revised Code.
Section 2. That existing sections 5104.01, 5104.08, 5104.31,
5104.32, 5104.35, 5104.36, and 5104.38 of the Revised Code are
hereby repealed.
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