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As Introduced
123rd General Assembly
Regular Session
1999-2000 | H. B. No. 407 |
REPRESENTATIVE HOOPS
A BILL
To amend Section 1 of Sub. H.B. 62 of the 121st General Assembly, as
subsequently amended, to extend the pilot project that permits persons in
certain counties to provide day-care as type C family day-care homes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That Section 1 of Sub. H.B. 62 of the 121st General Assembly, as
amended by Am. Sub. S.B. 160 of the 121st General Assembly, be amended to read
as
follows:
"Sec. 1. (A) As used in this section:
(1) "Administrator" means the person responsible
for the daily operation of a family day-care home seeking
certification as a type C family day-care home. The
administrator may be the same person as the owner of the family
day-care home.
(2) "Family day-care home" means the permanent
residence of an administrator in which the administrator provides
or seeks to provide privately funded child day-care.
"Family day-care home" does not mean a child day camp
as defined in section 5104.01 of the Revised Code.
(3) "Child day-care," "owner," "publicly funded child day-care," "type A
family day-care home," and "type B family
day-care home" have the same meanings as in section 5104.01
of the Revised Code.
(4) "School day" means the period of time during
the day when the children under the care of a family day-care
home are required to attend classes in the school in which they
are enrolled.
(B)(1) The Department of Human Services shall establish in
Defiance, Fulton, Henry, Paulding, Putnam, Van Wert, and
Williams counties a
pilot project under which a person may provide day-care for one to nine
children at one time and, if certified under this section as a type C family
day-care home, be exempt from the requirements a type A family
day-care home must meet under Chapter 5104. of the Revised Code. The
Department shall implement the pilot project sixty days after the effective
day of this amendment MARCH 28, 1997, and
shall terminate the project three SIX years after it is
implemented.
(2) A family day-care home may be certified as a type C home if
the home meets all of the requirements a type B family day-care
home must meet to be certified under Chapter 5104. of the
Revised Code to provide publicly funded child day-care, except
for any requirements limiting to six the number of children who
at one time may receive child day-care in a type B home. All of
the following apply to a family day-care home certified as a
type C home under division (B)(3) of this section:
(a) The home shall not provide publicly funded child day-care.
(b) The home may provide child day-care at one time to six
children under age six, including not more than three children
under age two, who are not enrolled in school and for three
additional children who are enrolled in a grade of kindergarten
or above. In counting the number of children who may be present
at a type C home at one time, any children under age six
who are related to the administrator and are on the premises of the
home shall be counted. Child day-care may be provided to the
three additional school children during any of the following
periods of time:
(i) On days the children's school is open and conducting
classes, the home may provide child day-care to the children
prior to the start of the school day and after the end of the
school day for an aggregate amount of time of not more than
three hours per day.
(ii) On days the children's school is not open and conducting
classes because of a weather emergency or school holiday, the
home may provide child day-care to the children for all or any
part of the day.
(iii) During the period of time between the end of classes of
one school year and the start of classes for the next school
year, the home may provide child day-care for the school
children for not more than three hours per day.
(c) The administrator of the type C home shall notify the
police and fire departments that serve the area in which the
home is located and the agency responsible for dispatching
elements of those departments that the home is a type C home.
(3) On or after the sixtieth day after the effective date of
this amendment MARCH 28, 1997, the
administrator of a family day-care home in
a county included in the pilot project established
under division (B)(1) of this section may apply to the county
director of human
services for certification of the home as a type C home. The
same application procedures and certification process used to
certify type B homes under section 5104.11 of the Revised Code
shall be used to certify type C homes under this section.
(C) Notwithstanding the definition of "type A family
day-care home" and "type A home" set forth in
section 5104.01 of the Revised Code, a certified type C family
day-care home is not subject to the requirements a type A family
day-care home must meet under Chapter 5104. of the Revised Code
or rules adopted under it. Notwithstanding the definition of a "food service
operation" set forth in section 3732.01 of the Revised Code, a certified type
C family day-care home shall not be considered a food service operation.
(D) The Day-care Advisory Council established under
section 5104.08 of the Revised Code shall review the
effectiveness of the pilot project established under division
(B)(1) of this section and shall review, investigate, and discuss
the possible establishment of new standards for child day-care
for school children. For purposes of conducting the reviews,
investigation, and discussion pursuant to this division, the Council shall
include as additional members two
persons who are parents, guardians, or custodians of children
receiving private child day-care in a certified type C home
participating in the pilot project
established under division (B)(1) of this section; two persons
who are representatives of certified type C homes
participating in the pilot project; and two persons representing
the county departments
of human services of the counties included in the pilot project. The
Council
shall prepare a
report of its findings and recommendations and, not later than
three months prior to the termination date of the pilot project,
shall submit its report to the Governor, President of the Senate,
and Speaker of the House of Representatives. The six persons
added to the membership of the Council for purposes of conducting
the reviews, investigation, and discussion pursuant to this division
shall cease to be members of the Council at
the time the Council makes its report."
Section 2. That existing Section 1 of Sub. H.B. 62 of the 121st General
Assembly, as amended by Am. Sub. S.B. 160 of the 121st General Assembly, is
hereby repealed.
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