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(125th General Assembly)
(Amended Substitute House Bill Number 11)
AN ACT
To amend sections 109.572, 307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3301.52, 3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 3701.21, 3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 3742.35, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 5101.97, 5104.01, 5104.011, 5104.013, 5104.015, 5104.02, 5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 5104.081, 5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 5104.382, 5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 5107.16, 5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 5747.36, and 5747.98;to enact sections 2151.861, 2919.223, 2919.224, 2919.225, 2919.226, 2919.227, and 5153.175; and to repeal section 5104.381 of the Revised Code to create the offenses
of misrepresentation by a child day-care provider, failure of a child day-care center to disclose the death or serious injury of a child,
and failure of a type A or type B family day-care home to disclose the death or serious injury
of a child; to revise the law pertaining to child day-care; to include additional offenses in criminal background checks of child care provides; to regulate criminal background checks performed for child day camps; and to make changes in the law governing certification of type B family day-care homes.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.572, 307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3301.52, 3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 3701.21, 3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 3742.35, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 5101.97, 5104.01, 5104.011, 5104.013, 5104.015, 5104.02, 5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 5104.081, 5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 5104.382, 5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 5107.16, 5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 5747.36, and 5747.98 be amended and sections 2151.861, 2919.223, 2919.224, 2919.225, 2919.226, 2919.227, and 5153.175 of the Revised Code be enacted to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 121.08, 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section. (2) On receipt of a request pursuant to section 5123.081 of the Revised Code with respect to an applicant for employment in any position with the department of mental retardation and developmental disabilities, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a direct services position with an entity contracting with a county board for employment, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code; (b) An existing or former municipal ordinance or law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section. (3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section. (4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section. (5) On receipt of a request pursuant to section 5111.95 or 5111.96 of the Revised Code with respect to an applicant for employment with a waiver agency participating in a department of job and family services administered home and community-based waiver program or an independent provider participating in a department administered home and community-based waiver program in a position that involves providing home and community-based waiver services to consumers with disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request
previously has been
convicted of or pleaded guilty to any of
the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section. (6) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code; (b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(6)(a) of this section. (7) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, in addition to the determination made under division (A)(1) of this section, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code. (8) On a request pursuant to section 2151.86 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code; (b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(8)(a) of this section. (9) When conducting a criminal records check on a request pursuant to section 5104.013 of the Revised Code for a person who is an owner, licensee, or administrator of a child day-care center or type A family day-care home or an authorized provider of a certified type B family day-care home, the superintendent, in addition to the determination made under division (A)(1) of this section, shall determine whether any information exists that indicates that the person has been convicted of or pleaded guilty to any of the following: (a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (A)(9)(a) of this section. (10) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person, board, or entity that made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this section, as appropriate. The superintendent shall send the person, board, or entity that made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), (5), (6), (7), or (8), or (9) of this section, as appropriate. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (6) of this section. (B) The superintendent shall conduct any criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows: (1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code; (2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.
(3) The superintendent or the superintendent's designee may request criminal history records from other states or the federal government pursuant to the national crime prevention and privacy compact set forth in section 109.571 of the Revised Code. (C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The form that the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. The standard impression sheets the superintendent prescribes pursuant to this division may be in a tangible format, in an electronic format, or in both tangible and electronic formats. (3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 121.08, 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request. (4) The superintendent of the bureau of criminal identification and investigation may prescribe methods of forwarding fingerprint impressions and information necessary to conduct a criminal records check, which methods shall include, but not be limited to, an electronic
method. (D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), (A)(5)(a) or (b), (A)(6), (A)(7)(a) or (b), or (A)(8)(a) or (b), or (A)(9)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check. (E) As used in this section: (1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section. (2) "Home and community-based waiver services" and "waiver agency" have the same meanings as in section 5111.95 of the Revised Code. (3) "Independent provider" has the same meaning as in section 5111.96 of the Revised Code. (4) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code. (5) "Older adult" means a person age sixty or older.
Sec. 307.86. Anything to be purchased, leased, leased with
an option or agreement to purchase, or constructed, including,
but
not limited to, any product, structure, construction,
reconstruction, improvement, maintenance, repair, or service,
except the services of an accountant, architect, attorney at law,
physician, professional engineer, construction project manager,
consultant, surveyor, or appraiser, by or on behalf of the county
or contracting authority, as defined in section 307.92 of the
Revised Code, at a cost in excess of twenty-five thousand dollars,
except
as otherwise provided in division (D) of section 713.23 and
in
sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,
340.033,
4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,
and
6137.05 of the Revised Code, shall be obtained through
competitive bidding. However, competitive bidding is not
required
when any of the following applies: (A) The board of county commissioners, by a unanimous vote
of its members, makes a determination that a real and present
emergency exists, and that determination and the
reasons for it
are entered in the minutes of the proceedings of the board, when
either of
the following applies: (1) The estimated cost is less than fifty thousand
dollars. (2) There is actual physical disaster to structures, radio
communications
equipment, or computers. For purposes of this division, "unanimous vote" means all
three members of
a board of county commissioners when all three
members are present, or two
members of the board if only two
members, constituting a quorum, are present. Whenever a contract of purchase, lease, or construction is
exempted from competitive bidding under division (A)(1) of this
section because the estimated cost is less than fifty thousand
dollars, but the estimated cost is twenty-five thousand dollars or
more,
the county or contracting authority shall solicit informal
estimates from no fewer than three persons who could perform the
contract, before awarding the contract. With regard to each such
contract, the county or contracting authority shall maintain a
record of such estimates, including the name of each person from
whom an estimate is solicited. The county or contracting
authority shall maintain the record for the longer
of at least one
year after
the contract is awarded or the amount of time the
federal government
requires. (B)(1) The purchase consists of supplies or a replacement or
supplemental part or parts for a product or equipment owned or
leased by the county, and the only source of supply for the
supplies, part, or parts is limited to a single supplier. (2) The purchase consists of services related to information technology, such as programming services, that are proprietary or limited to a single source. (C) The purchase is from the federal government, the state,
another county or contracting authority of another county, or a
board of
education, township, or municipal corporation. (D) The purchase is made by a county department of job and family services under section 329.04 of the Revised Code and consists of family services duties or workforce development
activities
or is made by a county board of mental retardation and developmental disabilities under section 5126.05 of the Revised Code and consists of program services, such as direct and
ancillary client services,
child day-care care, case management
services, residential services,
and family resource services. (E) The purchase consists of
criminal justice services,
social services programs, family services,
or workforce
development activities by
the board of county commissioners from
nonprofit corporations or
associations under programs
funded
by
the
federal government
or by state grants. (F) The purchase consists of any form of an insurance
policy
or contract authorized to be issued under Title XXXIX of
the
Revised Code or any form of health care plan
authorized to be
issued under Chapter 1751. of the Revised Code, or any
combination
of such policies,
contracts, or plans that the contracting
authority is authorized
to purchase, and the contracting authority
does all of the
following: (1) Determines that compliance with the requirements of
this
section would increase, rather than decrease, the cost of
the
purchase; (2) Employs a competent consultant to assist the
contracting
authority in procuring appropriate coverages at the
best and
lowest prices; (3) Requests issuers of
the policies, contracts, or
plans
to submit proposals to the contracting authority, in a form
prescribed by the contracting authority, setting forth the
coverage and cost of
the policies, contracts, or plans as the
contracting authority desires to purchase; (4) Negotiates with
the issuers for the purpose of
purchasing
the policies, contracts, or plans at the best and
lowest price reasonably possible. (G) The purchase consists of computer hardware, software,
or
consulting services that are necessary to implement a
computerized
case management automation project administered by
the Ohio
prosecuting attorneys association and funded by a grant
from the
federal government. (H) Child day-care care services are purchased for provision to
county employees. (I)(1) Property, including land, buildings, and other real
property, is leased for offices, storage, parking, or other
purposes, and all of the following apply: (a) The contracting authority is authorized by the Revised
Code to lease the
property. (b) The contracting authority develops requests for
proposals for leasing the property, specifying the criteria that
will be considered prior to leasing the property, including the
desired size and geographic location of the property. (c) The contracting authority receives responses from
prospective lessors with property meeting the criteria specified
in the requests for proposals by giving notice in a manner
substantially similar to the procedures established for giving
notice under section 307.87 of the Revised Code. (d) The contracting authority negotiates with the
prospective lessors to obtain a lease at the best and lowest
price
reasonably possible considering the fair market value of
the
property and any relocation and operational costs that may be
incurred
during the period the lease is in effect. (2) The contracting authority may use the services of a
real
estate appraiser to obtain advice, consultations, or other
recommendations regarding the lease of property under this
division. (J) The purchase is made pursuant to section 5139.34 or
sections
5139.41 to 5139.46 of the Revised Code and is of programs
or services that
provide case
management, treatment, or prevention
services to any felony or misdemeanant
delinquent, unruly youth,
or status offender under the supervision of the
juvenile court,
including, but not limited to, community
residential care, day
treatment, services to children in their home, or
electronic
monitoring. (K) The purchase is made by a public children services
agency pursuant to
section 307.92 or 5153.16 of the Revised Code
and consists of
family services,
programs, or ancillary services
that provide case management, prevention, or
treatment services
for children at risk of being or alleged to be abused,
neglected,
or dependent children. Any issuer of policies, contracts, or plans listed in
division (F) of this section and any prospective lessor under
division (I) of
this section may have the issuer's or prospective
lessor's
name and address, or the name and address
of an agent,
placed on a special
notification list to be kept by the
contracting authority, by
sending the contracting authority
that
name and address. The
contracting authority shall send
notice to
all persons listed on
the special notification list.
Notices shall
state the deadline
and place for submitting
proposals. The
contracting authority
shall mail the notices at
least six weeks
prior to the deadline
set by the contracting
authority for
submitting proposals.
Every five years the
contracting authority
may review this list
and remove any person
from the list after
mailing the person
notification of
that
action. Any contracting authority that negotiates a contract under
division (F) of this section shall request proposals and
renegotiate with issuers in accordance with that division at
least
every three years from the date of the signing of such a
contract. Any consultant employed pursuant to division (F) of this
section and any real estate appraiser employed pursuant to
division (I) of
this section shall disclose any fees or
compensation received from any
source in connection with that
employment.
Sec. 329.06. (A) Except as provided in division
(C) of this section and section 6301.08 of the Revised Code, the board
of county
commissioners shall
establish a county family services planning committee.
The board shall appoint a member to represent the county
department of job and family services; an employee in the
classified civil service of
the county department of job and family services, if there
are any such employees; and
a member to represent the public. The board shall appoint other
individuals to the committee in such a manner that the
committee's membership is broadly representative of the groups
of individuals and the public and private entities that have an
interest in the family services provided in the county.
The board shall make
appointments in a manner that reflects the ethnic and racial composition of
the county. The following groups and entities may be represented on the
committee: (1) Consumers of family services; (2) The public children services agency; (3) The child support enforcement agency; (4) The county family and children first council; (5) Public and private colleges and universities; (6) Public entities that provide family services,
including boards of health, boards of education, the county
board of mental retardation and developmental disabilities, and
the board of alcohol, drug addiction, and mental health services
that serves the county; (7) Private nonprofit and for-profit entities that
provide family services in the county or that advocate
for
consumers of family services in the county, including
entities that provide
services to or advocate for victims of domestic violence; (8) Labor organizations; (9) Any other group or entity that has an interest in the
family services provided in the county, including groups
or
entities that represent any of the county's business, urban, and
rural sectors. (B) The county family
services planning committee shall do all of the
following: (1) Serve as an advisory body to the board of county
commissioners with regard to the family services provided
in the
county, including assistance under
Chapters 5107. and 5108. of the
Revised
Code, publicly funded child
day-care care under Chapter 5104. of
the Revised
Code, and social services
provided under section 5101.46 of the
Revised
Code; (2) At least once a year, review and analyze the county department
of job and family services' implementation of the programs
established under
Chapters 5107. and 5108. of the Revised Code. In
its
review, the committee shall use information available to it to examine
all of the following: (a) Return of assistance groups to participation in
either program after ceasing to participate; (b) Teen pregnancy rates among the programs' participants; (c) The other types of assistance the programs' participants
receive, including medical assistance under Chapter 5111. of the
Revised Code, publicly funded
child day-care care under Chapter 5104. of the Revised
Code, food stamp
benefits under section 5101.54 of the Revised Code, and
energy
assistance under Chapter 5117. of the Revised
Code; (d) Other issues the committee considers appropriate. The committee shall make recommendations to the board of county
commissioners and county department of job and family
services regarding the
committee's findings. (3) Conduct public hearings
on proposed county profiles for the provision of social services
under section 5101.46 of the
Revised
Code; (4) At the request of the board, make recommendations and
provide assistance regarding the family services provided
in the
county; (5) At any other time the committee considers
appropriate, consult with the board and make recommendations
regarding the family services provided in the county.
The
committee's recommendations may address the following: (a) Implementation and administration
of family service programs; (b) Use of federal, state, and local
funds available for family service programs; (c) Establishment of goals to be
achieved by family service programs; (d) Evaluation of the outcomes of
family service programs; (e) Any other matter the board
considers relevant to the provision of family services. (C) If there is a
committee in existence in a county on October 1, 1997,
that the board of
county commissioners determines is
capable of fulfilling the responsibilities of a county
family
services planning committee, the board may designate the
committee as the county's family services planning
committee and
the committee shall serve in that capacity.
Sec. 2151.011. (A) As used in the Revised Code: (1) "Juvenile court" means whichever of the following is
applicable that has jurisdiction
under this chapter and Chapter
2152. of the Revised
Code: (a) The division of the court of
common pleas specified in
section 2101.022 or 2301.03 of the
Revised Code as
having
jurisdiction under this chapter and Chapter 2152. of the
Revised
Code or as being the
juvenile division or the juvenile division
combined with one or more
other divisions; (b) The juvenile court of Cuyahoga county or
Hamilton county
that is separately and independently created
by section 2151.08
or Chapter 2153. of the
Revised Code and that has jurisdiction
under this
chapter and Chapter 2152. of the Revised
Code; (c) If division (A)(1)(a) or
(b) of this section does not
apply,
the probate division of the court of common pleas. (2) "Juvenile judge" means a judge of a court having
jurisdiction under this chapter. (3) "Private child placing agency" means any association,
as
defined in section 5103.02 of the Revised Code, that is
certified
under section 5103.03
of the Revised Code
to accept temporary,
permanent, or legal custody of children
and place the children for
either foster care or adoption. (4) "Private noncustodial agency" means any person,
organization, association, or society certified by the department
of job and family services that does not accept temporary
or
permanent
legal custody of children, that is privately operated in
this
state, and that does one or more of the following: (a) Receives and cares for children for two or more
consecutive weeks; (b) Participates in the placement of children in
certified
foster homes; (c) Provides adoption services in conjunction with a
public
children services agency or private child placing agency. (B) As used in this chapter: (1) "Adequate parental care" means the provision by a
child's parent or parents, guardian, or custodian of adequate
food, clothing, and shelter to ensure the child's health and
physical safety and the provision by a child's parent or parents
of specialized services warranted by the child's physical or
mental needs. (2) "Adult" means an individual who is eighteen years of age
or
older. (3) "Agreement for temporary custody" means a voluntary
agreement authorized by section 5103.15 of the Revised Code
that
transfers the temporary custody of a child to a
public children
services agency or a private child placing
agency. (4) "Certified foster home" means a foster home,
as defined
in section 5103.02 of the Revised Code,
certified under
section
5103.03 of the Revised Code. (5) "Child" means a person who is under
eighteen years of
age, except
that the juvenile court has jurisdiction over any
person who
is adjudicated an unruly child prior to
attaining
eighteen years
of age until the person attains twenty-one years
of
age, and, for
purposes of that jurisdiction related to that
adjudication, a
person who is so
adjudicated an unruly
child
shall
be deemed a
"child" until the person attains
twenty-one
years of
age. (6) "Child day camp," "child day-care care," "child day-care
center,"
"part-time
child day-care center," "type A family
day-care home," "certified
type B family day-care home," "type B
home," "administrator
of a
child day-care center," "administrator
of a type A family
day-care home," "in-home aide," and "authorized
provider" have
the same meanings as in section 5104.01 of the
Revised Code. (7) "Child day-care care provider" means an individual who is
a
child-care staff member or administrator of a child day-care
center, a type A family day-care home, or a type B family
day-care
home, or an in-home aide or an individual who is
licensed, is
regulated, is approved, operates under the direction
of, or
otherwise is certified by the department of job and
family
services, department of mental retardation and developmental
disabilities, or the early childhood programs of the department
of
education. (8) "Chronic truant" has the same
meaning as in section
2152.02 of the Revised Code. (9) "Commit" means to vest custody as ordered by the
court. (10) "Counseling" includes both of the following: (a) General counseling services performed
by a public
children services agency or shelter
for victims of domestic
violence to assist a child, a child's
parents, and a child's
siblings in alleviating identified problems
that may
cause or have
caused the child to be an abused, neglected, or
dependent child. (b) Psychiatric or
psychological therapeutic counseling
services
provided to correct or alleviate any mental or
emotional
illness or disorder and performed by a licensed psychiatrist,
licensed psychologist, or a person licensed
under Chapter 4757. of
the Revised Code
to engage in social work or professional
counseling. (11) "Custodian" means a person who has legal custody
of
a
child or a public children services agency or private child
placing agency that has permanent, temporary, or legal custody of
a child. (12) "Delinquent child" has the same meaning as in
section
2152.02 of the Revised Code. (13) "Detention" means the temporary care of children
pending court adjudication or disposition, or execution of a court
order, in a
public or private facility designed to physically
restrict the movement and
activities of children. (14) "Developmental disability" has the same meaning
as in
section 5123.01 of the Revised Code. (15) "Foster caregiver" has the
same meaning as in section
5103.02 of the
Revised Code. (16) "Guardian" means a person, association, or
corporation
that is granted authority by a probate court pursuant
to Chapter
2111. of the Revised Code to exercise parental rights
over a child
to the extent provided in the court's order and
subject to the
residual parental rights of the child's parents. (17) "Habitual truant" means any child of compulsory
school
age
who is absent without legitimate excuse for absence from the
public school the
child
is supposed to attend for five or more
consecutive school days,
seven or more school days in one school
month, or twelve or more
school days in a school year. (18) "Juvenile traffic offender" has the same
meaning as in
section 2152.02 of the Revised Code. (19) "Legal custody" means a legal status that
vests in
the
custodian the right to have physical care and control of the
child
and to determine where and with whom the child shall live, and
the
right and duty to protect, train, and discipline the child and to
provide the child with food, shelter, education, and medical care,
all
subject to any residual parental rights, privileges, and
responsibilities. An individual granted legal custody shall
exercise the rights and responsibilities personally unless
otherwise authorized by any section of the Revised Code or by the
court. (20) A "legitimate excuse for absence from the public
school
the
child is supposed to attend" includes, but is not limited to,
any of the
following: (a) The fact that the child in question has enrolled in and
is
attending another public or nonpublic school in this or another
state; (b) The fact that the child in question is excused from
attendance at school for any of the reasons specified in section
3321.04
of the Revised Code; (c) The fact that the child in question has received an age
and
schooling certificate in accordance with section 3331.01 of
the
Revised Code. (21) "Mental illness" and "mentally ill person
subject
to
hospitalization by court order" have the same meanings as in
section 5122.01 of the Revised Code. (22) "Mental injury" means any behavioral,
cognitive,
emotional, or mental disorder in a child caused by an act or
omission that
is described in section 2919.22 of the Revised Code
and is
committed by the parent or other person
responsible for the
child's care. (23) "Mentally retarded person" has the same
meaning as
in
section 5123.01 of the Revised Code. (24) "Nonsecure care, supervision, or training"
means
care,
supervision, or training of a child in a facility that does
not
confine or prevent movement of the child within the facility
or
from the facility. (25) "Of compulsory school age" has the same meaning as
in
section 3321.01 of the Revised Code. (26) "Organization" means any institution,
public,
semipublic, or private, and any private association, society, or
agency located or operating in the state, incorporated or
unincorporated, having among its functions the furnishing of
protective services or care for children, or the placement of
children in certified foster homes or elsewhere. (27) "Out-of-home care" means detention
facilities,
shelter
facilities, certified foster homes,
placement in a prospective
adoptive home prior to the issuance of
a final decree of adoption,
organizations, certified
organizations, child day-care centers,
type A family day-care
homes, child day-care care provided by type B
family day-care home
providers and by in-home aides, group home
providers, group
homes, institutions, state institutions,
residential facilities,
residential care facilities, residential
camps, day camps,
hospitals, and medical clinics that are
responsible for the care,
physical custody, or control of
children. (28) "Out-of-home care child abuse" means any of
the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Engaging in sexual activity with a child in the person's
care; (b) Denial to a child, as a means of punishment, of proper
or necessary subsistence, education, medical care, or other care
necessary for a child's health; (c) Use of restraint procedures on a child that cause
injury
or pain; (d) Administration of prescription drugs or psychotropic
medication to the child without the written approval and ongoing
supervision of a licensed physician; (e) Commission of any act, other than by accidental means,
that results in any injury to or death of the child in out-of-home
care or commission of any act by accidental means that results in
an injury to or death of a child in out-of-home care and that is
at variance with the history given of the injury or death. (29) "Out-of-home care child neglect" means any
of the
following when committed by a person responsible for the care of
a
child in out-of-home care: (a) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child; (b) Failure to provide reasonable supervision according to
the standards of care appropriate to the age, mental and physical
condition, or other special needs of the child, that results in
sexual or
physical abuse of the child by any person; (c) Failure to develop a process for all of the following: (i) Administration of prescription drugs or psychotropic
drugs for the child; (ii) Assuring that the instructions of the licensed
physician who prescribed a drug for the child are followed; (iii) Reporting to the licensed physician who prescribed
the
drug all unfavorable or dangerous side effects from the use
of the
drug. (d) Failure to provide proper or necessary subsistence,
education, medical care, or other individualized care necessary
for the health or well-being of the child; (e) Confinement of the child to a locked room without
monitoring by staff; (f) Failure to provide ongoing security for all
prescription
and nonprescription medication; (g) Isolation of a child for a period of time when there
is
substantial risk that the isolation, if continued, will impair
or
retard the mental health or physical well-being of the child. (30) "Permanent custody" means a legal status
that vests
in
a public children services agency or a private child placing
agency, all parental rights, duties, and obligations, including
the right to consent to adoption, and divests the natural parents
or adoptive parents of all parental rights, privileges,
and
obligations, including all residual rights and obligations. (31) "Permanent surrender" means the act of
the
parents
or,
if a child has only one parent, of the parent of a child, by
a
voluntary agreement authorized by section 5103.15
of the Revised
Code, to transfer the permanent custody of the child to a
public
children services agency or a private child placing
agency. (32) "Person responsible for a child's care in
out-of-home
care" means any of the following: (a) Any foster caregiver, in-home aide, or provider; (b) Any administrator, employee, or agent of any of the
following: a public or private detention facility; shelter
facility; organization; certified organization; child day-care
center; type A family day-care home; certified type B family
day-care home; group home; institution; state institution;
residential facility; residential care facility; residential
camp;
day camp; hospital; or medical clinic; (c) Any other person who performs a similar function with
respect to, or has a similar relationship to, children. (33) "Physically impaired" means having one or
more of
the
following conditions that substantially limit one or more of
an
individual's major life activities, including self-care,
receptive
and expressive language, learning, mobility, and self-direction: (a) A substantial impairment of vision, speech, or hearing; (b) A congenital orthopedic impairment; (c) An orthopedic impairment caused by disease,
rheumatic
fever or any other similar chronic or acute health
problem, or
amputation or another similar cause. (34) "Placement for adoption" means the
arrangement by a
public children services agency or a private child placing agency
with a person for the care and adoption by that person of a child
of whom the agency has permanent custody. (35) "Placement in foster care" means the
arrangement by a
public children services agency or a private child placing
agency
for the out-of-home care of a child of whom the agency has
temporary custody or permanent custody. (36) "Planned permanent living arrangement"
means an order
of a
juvenile court pursuant to which both of the following apply: (a) The court gives legal custody of a child to a public
children
services agency or a private child placing agency without
the termination of
parental rights. (b) The order permits the agency to make an appropriate
placement
of
the child and to enter into a written
agreement with
a foster care provider or with another person or agency with
whom
the child is placed. (37) "Practice of social work" and "practice of
professional
counseling" have the same meanings as in section 4757.01
of the
Revised Code. (38) "Sanction, service, or condition"
means a sanction,
service, or condition created by
court
order following an
adjudication that a child is an unruly child that is described in
division (A)(4) of section
2152.19 of the Revised Code. (39) "Protective supervision" means an order of
disposition
pursuant to which the court permits an abused,
neglected,
dependent, or unruly child to remain in the custody of the
child's parents,
guardian, or custodian and stay in the child's
home, subject to any
conditions and limitations upon the child,
the
child's parents,
guardian,
or custodian, or any other person
that the court prescribes,
including supervision as directed by
the court for the protection
of the child. (40) "Psychiatrist" has the same meaning as in
section
5122.01 of the Revised Code. (41) "Psychologist" has the same meaning as in
section
4732.01 of the Revised Code. (42) "Residential camp" means a program in which
the
care,
physical
custody, or control of
children is accepted overnight for
recreational or recreational and
educational purposes. (43) "Residential care facility" means an
institution,
residence, or facility that is licensed by the department of
mental health under section 5119.22 of the Revised Code and that
provides care for a child. (44) "Residential facility" means a home or
facility that
is
licensed by the department of mental retardation and
developmental
disabilities under section 5123.19 of the Revised Code
and in
which a child with a developmental disability
resides. (45) "Residual parental rights, privileges, and
responsibilities" means those rights, privileges, and
responsibilities remaining with the natural parent after the
transfer of legal custody of the child, including, but not
necessarily limited to, the privilege of reasonable visitation,
consent to adoption, the privilege to determine the child's
religious affiliation, and the responsibility for support. (46) "School day" means the school day established by
the
state
board of education pursuant to section 3313.48 of the
Revised
Code. (47) "School month" and "school year" have the same
meanings
as in
section 3313.62 of the Revised Code. (48) "Secure correctional facility" means a
facility
under
the direction of the department of youth services that is designed
to
physically restrict the movement and activities of children and
used for the
placement of children after adjudication and
disposition. (49) "Sexual activity" has the same meaning as in
section
2907.01 of the Revised Code. (50) "Shelter" means the temporary care of
children in
physically unrestricted facilities pending court adjudication or
disposition. (51) "Shelter for victims of domestic violence"
has the
same
meaning as in section 3113.33 of the Revised Code. (52) "Temporary custody" means legal custody of a
child
who
is removed from the child's home, which custody may be
terminated
at
any time at the discretion of the court or, if the legal
custody
is granted in an agreement for temporary custody, by the
person
who executed the agreement. (C) For the purposes of this chapter, a child shall be
presumed
abandoned when the parents of the child have failed to
visit or maintain
contact with the child for more than ninety
days, regardless of whether the
parents resume contact with the
child after that period of
ninety days.
Sec. 2151.861. (A) The department of job and family services may periodically conduct a random sampling of registered child day camps to determine compliance with section 2151.86 of the Revised Code.
(B)(1) No child day camp shall fail to comply with section 2151.86 of the Revised Code in regards to a person it appoints or employs.
(2) If the department determines that a child day camp has violated division (B)(1) of this section, the department shall do both of the following:
(a) Consider imposing a civil penalty on the child day camp in an amount that shall not exceed ten per cent of the camp's gross revenues for the full month immediately preceding the month in which the violation occurred. If the camp was not operating for the entire calendar month preceding the month in which the violation occurred, the penalty shall be five hundred dollars.
(b) Order the child day camp to initiate a criminal records check of the person who is the subject of the violation within a specified period of time.
(3) If, within the specified period of time, the child day camp fails to comply with an order to initiate a criminal records check of the person who is the subject of the violation or to release the person from the appointment or employment, the department shall do both of the following:
(a) Impose a civil penalty in an amount not less than the amount previously imposed and that shall not exceed twice the amount permitted by division (B)(2)(a) of this section;
(b) Order the child day camp to initiate a criminal records check of the person who is the subject of the violation within a specified period of time.
(C) If the department determines that a child day camp has violated division (B)(1) of this section, the department may post a notice at a prominent place at the camp that states that the camp has failed to conduct criminal records checks of its appointees or employees as required by section 2151.86 of the Revised Code. Once the camp demonstrates to the department that the camp is in compliance with that section, the department shall permit the camp to remove the notice.
(D) The department shall include on the department's web site a list of child day camps that the department has determined from a random sample to be not in compliance with the criminal records check requirements of section 2151.86 of the Revised Code. The department shall remove a camp's name from the list when the camp demonstrates to the department that the camp is in compliance with that section.
(E) For the purposes of divisions (C) and (D) of this section, a child day camp will be considered to be in compliance with section 2151.86 of the Revised Code by doing any of the following:
(1) Requesting that the bureau of criminal identification and investigation conduct a criminal records check regarding the person who is the subject of the violation of division (B)(1) of this section and, if the person does not qualify for the appointment or employment, releasing the person from the appointment or employment;
(2) Releasing the person who is the subject of the violation from the appointment or employment. (F) The attorney general shall commence and prosecute to judgment a civil action in a court of competent jurisdiction to collect any civil penalty imposed under this section that remains unpaid. (G) A child day camp may appeal any action the department takes under divisions (B) to (D) of this section to the court of common pleas of the county in which the camp is located.
Sec. 2919.223. As used in sections 2919.223 to 2919.227 of
the Revised Code: (A) "Child care," "child day-care center," "in-home
aide," "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. (B) "Child care center licensee" means the owner of a child day-care center licensed pursuant to Chapter 5104. of the Revised Code who is responsible for ensuring the center's compliance with Chapter 5104. of the Revised Code and rules adopted pursuant to that chapter. (C) "Child care facility" means a child day-care center,
a type A family day-care home, or a type B family day-care home. (D) "Child care provider" means any of the following: (1)
An owner, provider, administrator, or employee of, or
volunteer
at, a child care facility; (2) An in-home aide; (3) A person who represents that the person provides child
care. (E) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
Sec. 2919.224. (A) No child care provider shall knowingly
misrepresent any factor or condition that relates to the provision
of child care and that substantially affects the health or
safety of any child or children in that provider's facility or
receiving child care from that provider to any of the
following: (1) A parent, guardian, custodian, or other person
responsible for the care of a child in the provider's facility or
receiving child care from
the provider; (2) A parent, guardian, custodian, or other person
responsible for the care of a child who is considering the provider as a
child care provider for the child; (3) A public official responsible for issuing the provider a
license or certificate to provide child care; (4) A public official investigating or inquiring about the
provision of child care by the provider; (5) A peace officer. (B) For the purposes of this section, "any factor or
condition that relates to the provision of child care"
includes, but is not limited to, the
following: (1) The person or persons who will provide child care to
the child of the parent, guardian, custodian, or other person
responsible for the care of the child, or to the children in
general; (2) The qualifications to provide child care of the child
care provider, of a person employed by the provider, or of a
person who provides child care as a volunteer; (3) The number of children to whom child care is provided
at one time or the number of children receiving child care in
the child care facility at one time;
(4) The conditions or safety features of the child care
facility; (5) The area of the child care facility in
which child day-care is provided. (C) Whoever violates division (A) of this section is guilty
of misrepresentation by a child care provider, a misdemeanor
of the first degree.
Sec. 2919.225. (A) Subject to division (C) of this section, no owner, provider, or administrator of a
type A family
day-care home or type B family day-care home, knowing that the event described in division
(A)(1) or (2) of this section has occurred, shall accept a child
into that home without first disclosing to the
parent, guardian, custodian, or other person responsible
for the
care of that child any of the following that has occurred: (1) A child died while under the care of the home or while receiving child care from the owner,
provider, or administrator or died as a result of
injuries suffered
while under the care of the
home
or while receiving child care from the owner, provider, or administrator. (2) Within the preceding ten years, a child suffered injuries
while under the care of the
home or while
receiving
child care from the owner, provider, or administrator,
and those injuries led to the child being
hospitalized
for more than twenty-four hours. (B)(1) Subject to division (C) of this section, no owner, provider, or administrator of a type A family day-care home or type B family day-care home shall fail to provide notice in accordance with
division (B)(3) of this section to the persons and entities
specified in division (B)(2) of this section, of any of the
following that occurs: (a) A child who is under the care of the home
or is receiving child care from the owner, provider, or
administrator dies while under the care of the
home or while receiving child care from the
owner, provider, or administrator or dies as a result of
injuries suffered while under the care of the home
or while receiving child day-care from the owner, provider, or
administrator. (b) A child who is under the care of the home
or is receiving child care from the owner, provider, or
administrator is hospitalized for more than
twenty-four hours as a result of injuries suffered while under the
care of the home or while receiving child care
from the owner, provider, or administrator. (2) An owner, provider, or administrator of a home shall provide the notices required under
division (B)(1) of this section to each of the following: (a) For each child who, at the time of the injury or death
for which the notice is required, is receiving or is enrolled to
receive child care at the home or from the
owner, provider, or administrator, to the parent,
guardian, custodian, or other person responsible for the care of
the child; (b) If the notice is required as the result of the death of
a child as described in division (B)(1)(a) of this section, to the
public children services agency of the county in which the
home is located or the child care was given, a
municipal or county peace officer in the county in which the child
resides or in which the home is located or the
child care was given, and the child fatality review board
appointed under section 307.621 of the Revised Code that serves
the county in which the home is located or the
child care was given. (3) An owner, provider, or administrator of a home shall provide the notices required by
divisions (B)(1) and (2) of this section not later than
forty-eight hours after the child dies or, regarding a child who
is hospitalized for more than twenty-four hours as a result of
injuries suffered while under the care of the home,
not later than forty-eight hours after the child suffers the
injuries. If a child is hospitalized for more than twenty-four
hours as a result of injuries suffered while under the care of the home, and the child subsequently dies as a result
of those injuries, the owner, provider, or administrator shall provide separate notices under divisions (B)(1) and (2) of
this section regarding both the injuries and the death. All
notices provided under divisions (B)(1) and (2) of this section
shall state that the death or injury occurred. (C) Division (A) of this section does not require more than
one person to make disclosures to the same parent, guardian,
custodian, or other person responsible for the care of a child
regarding any single injury or death for which disclosure is
required under that division. Division (B) of this section does
not require more than one person to give notices to the same
parent, guardian, custodian, other person responsible for the care
of the child, public children services agency, peace officer, or
child fatality review board regarding any single injury or death
for which disclosure is required under division (B)(1) of this
section. (D) An owner, provider, or administrator of a type A family day-care home or type B family day-care home is not subject to civil liability solely for making a disclosure required by this section. (E) Whoever violates division (A) or (B) of this section is
guilty
of failure of a type A or type B family day-care home to disclose the death or serious injury of a
child, a
misdemeanor of the fourth degree.
Sec. 2919.226. (A) If a child care provider accurately answers the questions on a child care disclosure form that is in substantially the form set forth in division (B) of this section, presents the form to a person identified in division (A)(1) or (2) of section 2919.224 of the Revised Code, and obtains the person's signature on the acknowledgement in the form, to the extent that the information set forth on the form is accurate, the provider who presents the form is not subject to prosecution under division (A) of section 2919.224 of the Revised Code regarding presentation of that information to that person. An owner, provider, or administrator of a type A family day-care home or a type B family day-care home
may comply with division (A) of section 2919.225 of the Revised Code by accurately
answering the questions on a child care disclosure
form that is in
substantially the form set forth in division (B)
of this section, providing a copy of the form to the
parent, guardian, custodian, or other person responsible for the
care of a child and to whom disclosure is to be made under
division (A) of section 2919.225 of the Revised Code, and obtaining the person's signature on the acknowledgement in the form. The use of
the form set forth in division (B) of this section is
discretionary and is not required to comply with any disclosure
requirement contained in section 2919.225 of the Revised Code or
for any purpose related to section 2919.224 of the Revised Code. (B) To be sufficient for the purposes described in division
(A) of this section, a child care disclosure form shall be in
substantially the following form:
"CHILD CARE DISCLOSURE FORM
Please Note: This form contains information that is accurate only at the time the form is given to you. The information provided in this form is likely to
change over time. It is the duty of the person responsible for
the care of the child to monitor the status of child care
services to ensure that those services remain satisfactory. If a
question on this form is left unanswered, the child care
provider makes no assertion regarding the question. Choosing
appropriate child care for a child is a serious
responsibility, and the person responsible for the care of the
child is encouraged to make all appropriate inquiries. Also, in
acknowledging receipt of this form, the person responsible for the
care of the child acknowledges that in selecting the child
care provider the person is not relying on any representations
other than those provided in this form unless the child care
provider has acknowledged the other representations in writing. 1. What are the names and qualifications to provide child
care of:
(a) the child care provider, (b) the employee who
will provide
child care to the applicant child, (c) the
volunteer who will
provide child care to the applicant child,
and (d) any other
employees or volunteers of the child care
provider? (attach
additional sheets if necessary):
2. What is the maximum number of children to whom you
provide child care at one time? (If children are divided into
groups or classes, please describe the maximum number of children
in each group or class and indicate the group or class in which
the applicant child will be placed.):
3. Where in the home will you provide
child care to the applicant child?:
4. Has a child died while in the care of, or receiving child care from, the child care
provider? (Yes/No) Description/explanation (attach additional sheets if
necessary)
5. Has a child died as a result of injuries suffered while
under the care of, or receiving child care from, the child day-care provider? (Yes/No)
Description/explanation (attach additional sheets if
necessary)
6. Within the preceding ten years, has a child suffered
injuries while under the care of, or receiving child care from, the
child care provider that
led to the child being hospitalized
for more than 24 hours?
(Yes/No) Description/explanation (attach additional sheets if
necessary)
| | | Signature of person completing form | | Date | | | | Name of person completing form | | | (Typed or printed) | | | | | | Title of person completing form | | | (Typed or printed) | | |
Acknowledgement: I hereby acknowledge that I have been given a copy of the
preceding document and have read and understood its contents. I
further acknowledge that I am not relying on any other
representations in selecting the child care provider unless
the child care provider has acknowledged the other
representations in writing.
| | | Person receiving the form | | Date" |
(C) If a child care provider accurately answers the questions on a disclosure
form that is substantially similar to the form described in
division (B) of this section, presents the form to a person
identified in division (A)(1) or (2) of section 2919.224 of the Revised
Code, and obtains the person's signature on the acknowledgement in the form, to the extent that the information set forth on the form is
accurate, the form is sufficient for the purposes described in
division (A) of this section. An owner, provider, or administrator of a type A family day-care home or a type B family day-care home who accurately answers the questions on a
disclosure form that is substantially
similar to the form
described in division (B) of this section, provides a copy of the completed form to the parent, guardian,
custodian, or other person who is responsible for the care of a
child and to whom disclosure is to be made under division (A) of
section 2919.225 of the Revised Code, and obtains the person's signature on the acknowledgement in the form complies with the
requirements of that division. If the owner, provider, or administrator uses the disclosure
form, leaving a
portion of the disclosure form blank
does not
constitute a
misrepresentation for the purposes of
section
2919.224 of the
Revised Code but may constitute a
violation of
section 2919.225 of
the Revised Code. The owner,
provider, or
administrator of a type A family day-care home or type B family day-care home who
completes the
disclosure form and
provides a copy of the form to
any person
described in section
2919.224 or 2919.225 of the
Revised Code
may retain a copy of the
completed form. Sec. 2919.227. (A)(1) No child care center licensee shall accept a child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child the following information, if the parent, guardian, custodian, or other person responsible for the care of the child requests the information:
(a) The types of injuries to children, as reported in accordance with rules adopted under section 5104.011 of the Revised Code, that occurred at the center on or after April 1, 2003, or the date that is two years before the date the information is requested, whichever date is more recent;
(b) The number of each type of injury to children that occurred at the center during that period.
(2) If a death described in division (A)(2)(a) or (A)(2)(b) of this section occurred during the fifteen-year period immediately preceding the date that the parent, guardian, custodian, or other person responsible for the care of a child seeks to enroll that child, no child care center licensee shall accept that child into that center without first providing to the parent, guardian, custodian, or other person responsible for the care of that child a notice that states that the death occurred.
(a) A child died while under the care of the center or while receiving child care from the owner, provider, or administrator of the center; (b) A child died as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator of the center. (3) Each child care center licensee shall keep on file at the center a copy of the information provided under this division for at least three years after providing the information.
(B)(1) No child care center licensee shall fail to provide notice in accordance with division (B)(3) of this section to the persons and entities specified in division (B)(2) of this section if a child who is under the care of the center or is receiving child care from the owner, provider, or administrator of the center dies while under the care of the center or while receiving child care from the owner, provider, or administrator or dies as a result of injuries suffered while under the care of the center or while receiving child care from the owner, provider, or administrator.
(2) A child care center licensee shall provide the notice required under division (B)(1) of this section to all of the following: (a) The parent, guardian, custodian, or other person responsible for the care of each child who, at the time of the death for which notice is required, is receiving or is enrolled to receive child care from the center; (b) The public children services agency of the county in which the center is located or the child care was given; (c) A municipal or county peace officer in the county in which the child resides or in which the center is located or the child care was given; (d) The child fatality review board appointed under section 307.621 of the Revised Code that serves the county in which the center is located or the child care was given.
(3) A child care center licensee shall provide the notice required by division (B)(1) of this section not later than forty-eight hours after the child dies. The notice shall state that the death occurred.
(C) Whoever violates division (A) or (B) of this section is guilty of failure of a child care center to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.
Sec. 2923.124. As used in sections 2923.124 to 2923.1213
of
the Revised Code:
(A)
"Application form" means the application form prescribed
pursuant to division (A)(1) of section 109.731 of the Revised Code
and includes a copy of that form.
(B)
"Competency certification" and
"competency certificate"
mean a document of the type described in division (B)(3) of
section 2923.125 of the Revised Code.
(C)
"Detention facility" has the same meaning as in section
2921.01 of the Revised Code. (D)
"Licensee" means a person to whom a license to carry a
concealed handgun has been issued under section 2923.125 of the
Revised Code and, except when the context clearly indicates otherwise, includes a person to whom a temporary emergency license to carry a concealed handgun has been issued under section 2923.1213 of the Revised Code.
(E)
"License fee" or
"license renewal fee" means the fee for
a
license to carry a concealed handgun or the fee to renew that
license that is prescribed pursuant to division (C) of section
109.731 of the Revised Code and that is to be paid by an applicant
for a license of that type.
(F)
"Peace officer" has the same meaning as in section
2935.01 of the Revised Code. (G)
"State correctional institution" has the same meaning as
in section 2967.01 of the Revised Code.
(H)
"Valid license" means a license or temporary emergency license to carry a concealed
handgun that has been issued under section 2923.125 or 2923.1213 of the Revised
Code, that is currently valid, that is not under a suspension
under division (A)(1) of section 2923.128 or under sectiom section 2923.1213 of the Revised Code, and
that has not been revoked under division (B)(1) of section
2923.128 or under section 2923.1213 of the Revised Code. (I) "Civil protection order" means a protection order issued, or consent agreement approved, under section 2903.214 or 3113.31 of the Revised Code.
(J) "Temporary protection order" means a protection order issued under section 2903.213 or 2919.26 of the Revised Code.
(K) "Protection order issued by a court of another state" has the same meaning as in section 2919.27 of the Revised Code. (L) "Child day-care center," "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.
(M) "Type C family day-care home" means a family day-care home authorized to provide child day-care care by Sub. H.B. 62 of the 121st General Assembly general assembly, as amended by Am. Sub. S.B. 160 of the 121st General Assembly general assembly and Sub. H.B. 407 of the 123rd General Assembly general assembly. (N) "Foreign air transportation," "interstate air transportation," and "intrastate air transportation" have the same meanings as in 49 U.S.C. 40102, as now or hereafter amended.
Sec. 3109.051. (A) If a divorce, dissolution, legal
separation, or annulment proceeding involves a child and if the
court has not issued a shared parenting decree, the court shall
consider any mediation report filed pursuant to section 3109.052
of the Revised Code and, in accordance with division (C) of this
section, shall make a just and reasonable order or decree
permitting each parent who is not the residential parent to
have parenting time with
the child at the time and under the conditions that the court
directs, unless the court determines that it would not be in the
best interest of the child to permit that parent to have
parenting time with the
child and includes in the journal its findings of fact and
conclusions of law. Whenever possible, the order or decree
permitting the parenting time shall ensure the
opportunity for both
parents to have frequent and continuing contact with the child,
unless frequent and continuing contact by either parent with the
child would not be in the best interest of the child. The court
shall include in its final decree a specific schedule of
parenting time for that parent. Except as provided
in division (E)(6)
of section 3113.31 of the Revised Code, if the court, pursuant to this
section, grants
parenting time to a parent or companionship or
visitation rights to any other person with respect to any child, it
shall not require the public children services agency to provide supervision
of or other services related to that parent's exercise of parenting time or
that person's exercise of companionship or
visitation rights with respect to the child. This section does not limit the
power of a juvenile court pursuant to Chapter 2151. of the
Revised Code to issue orders with respect to children who
are alleged to be abused, neglected, or dependent children or to make
dispositions of children who are adjudicated abused, neglected, or dependent
children or of a common pleas court to issue orders pursuant to section
3113.31 of the Revised Code. (B)(1) In a divorce, dissolution of marriage, legal
separation, annulment, or child support proceeding that involves
a child, the court may grant reasonable companionship or
visitation rights to any grandparent, any person related to the
child by consanguinity or affinity, or any other person other
than a parent, if all of the following apply: (a) The grandparent, relative, or other person files a
motion with the court seeking companionship or visitation rights. (b) The court determines that the grandparent, relative,
or other person has an interest in the welfare of the child. (c) The court determines that the granting of the
companionship or visitation rights is in the best interest of the
child. (2) A motion may be filed under division (B)(1) of this
section during the pendency of the divorce, dissolution of
marriage, legal separation, annulment, or child support
proceeding or, if a motion was not filed at that time or was
filed at that time and the circumstances in the case have
changed, at any time after a decree or final order is issued in
the case. (C) When determining whether to grant parenting time rights to a parent
pursuant to this section or section 3109.12 of the Revised Code or to grant companionship
or
visitation rights to a grandparent, relative, or other
person pursuant to this section or section 3109.11 or 3109.12 of
the Revised Code, when establishing a specific parenting time or
visitation
schedule, and when determining other parenting time matters under this
section or section 3109.12 of the Revised Code or visitation matters under
this section or section 3109.11 or 3109.12 of the Revised Code,
the court shall consider any mediation report that is filed
pursuant to section 3109.052 of the Revised Code and shall
consider all other relevant factors, including, but not limited
to, all of the factors listed in division (D) of this section.
In considering the factors listed in division (D) of this section
for purposes of determining whether to grant parenting time or
visitation rights,
establishing a specific parenting time or visitation schedule,
determining other parenting time matters under this section or section
3109.12 of the Revised Code or
visitation matters under this section or under section 3109.11 or
3109.12 of the Revised Code, and resolving any issues related to
the making of any determination with respect to parenting time or
visitation rights
or the establishment of any specific parenting time or visitation
schedule, the
court, in its discretion, may interview in chambers any or all
involved children regarding their wishes and concerns. If the
court interviews any child concerning the child's wishes and
concerns regarding those parenting time or visitation matters, the
interview shall
be conducted in chambers, and no person other than the child, the
child's attorney, the judge, any necessary court personnel, and,
in the judge's discretion, the attorney of each parent shall be
permitted to be present in the chambers during the interview. No
person shall obtain or attempt to obtain from a child a written
or recorded statement or affidavit setting forth the wishes and
concerns of the child regarding those parenting time or visitation
matters. A
court, in considering the factors listed in division (D) of this
section for purposes of determining whether to grant any
parenting time or visitation rights, establishing a parenting time
or visitation schedule,
determining other parenting time matters under this section or section
3109.12 of the Revised Code or visitation matters under this section or under
section 3109.11 or 3109.12 of the Revised Code, or resolving any
issues related to the making of any determination with respect to parenting
time or
visitation rights or the establishment of any specific parenting time
or visitation
schedule, shall not accept or consider a written or recorded
statement or affidavit that purports to set forth the child's
wishes or concerns regarding those parenting time or visitation
matters. (D) In determining whether to grant parenting time to a parent pursuant to
this section or section 3109.12 of the Revised Code or companionship or
visitation rights to a grandparent, relative, or other
person pursuant to this section or section 3109.11 or 3109.12 of
the Revised Code, in establishing a specific parenting time or
visitation schedule,
and in determining other parenting time matters under this section or
section 3109.12 of the Revised Code or visitation matters under this section or
section 3109.11 or 3109.12 of the Revised Code, the court shall
consider all of the following factors: (1) The prior interaction and interrelationships of the
child with the child's parents, siblings, and other persons related
by consanguinity or affinity, and with the person who requested
companionship or visitation if that person is not a parent,
sibling, or relative of the child; (2) The geographical location of the residence of each
parent and the distance between those residences, and if the
person is not a parent,
the geographical location of that person's residence and the
distance between that person's residence and the child's
residence; (3) The child's and parents' available time, including,
but not limited to, each parent's employment schedule, the
child's school schedule, and the child's and the parents' holiday
and vacation schedule; (4) The age of the child; (5) The child's adjustment to home, school, and
community; (6) If the court has interviewed the child in chambers,
pursuant to division (C) of this section, regarding the wishes
and concerns of the child as to parenting time by the
parent who is
not the residential parent or companionship or visitation by the
grandparent, relative, or other person who requested
companionship or visitation, as to a specific parenting time or
visitation
schedule, or as to other parenting time or visitation matters, the
wishes and
concerns of the child, as expressed to the court; (7) The health and safety of the child; (8) The amount of time that will be available for the
child to spend with siblings; (9) The mental and physical health of all parties; (10) Each parent's willingness to reschedule missed
parenting time and to facilitate the other parent's
parenting time
rights, and with respect to a person who requested
companionship or
visitation, the willingness of that person to
reschedule missed visitation; (11) In relation to parenting time,
whether either
parent previously has been convicted of or pleaded guilty to any
criminal offense involving any act that resulted in a child being
an abused child or a neglected child; whether either parent, in a
case in which a child has been adjudicated an abused child or a
neglected child, previously has been determined to be the
perpetrator of the abusive or neglectful act that is the basis of
the adjudication; and whether there is reason to believe that
either parent has acted in a manner resulting in a child being an
abused child or a neglected child; (12) In relation to requested companionship or visitation
by a person other than a parent, whether the person previously
has been convicted of or pleaded guilty to any criminal offense
involving any act that resulted in a child being an abused child
or a neglected child; whether the person, in a case in which a
child has been adjudicated an abused child or a neglected child,
previously has been determined to be the perpetrator of the
abusive or neglectful act that is the basis of the adjudication;
whether either parent previously has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the current proceeding; whether either parent
previously has been convicted of an offense involving a victim
who at the time of the commission of the offense was a member of
the family or household that is the subject of the current
proceeding and caused physical harm to the victim in the
commission of the offense; and whether there is reason to believe
that the person has acted in a manner resulting in a child being
an abused child or a neglected child; (13) Whether the residential parent or one of the parents
subject to a shared parenting decree has continuously and
willfully denied the other parent's right to
parenting time
in accordance with an order of the court; (14) Whether either parent has established a residence or
is planning to establish a residence outside this state; (15) In relation to requested
companionship or visitation by a person other than a parent, the
wishes and concerns of the child's parents, as expressed by them
to the court; (16) Any other factor in the best interest of the child. (E) The remarriage of a residential parent of a child does
not affect the authority of a court under this section to grant
parenting time rights with respect to the child to
the parent who is
not the residential parent or to grant reasonable companionship
or visitation rights with respect to the child to any
grandparent, any person related by consanguinity or affinity, or
any other person. (F)(1) If the court, pursuant to division (A) of this
section, denies parenting time to a parent who is not
the residential
parent or denies a motion for reasonable companionship or
visitation rights filed under division (B) of this section and
the parent or movant files a written request for findings of fact
and conclusions of law, the court shall state in writing its
findings of fact and conclusions of law in accordance with Civil
Rule 52. (2) On or before July 1, 1991, each court of common pleas,
by rule, shall adopt standard parenting time
guidelines. A court
shall have discretion to deviate from its standard
parenting time guidelines based upon factors set forth in division (D)
of this
section. (G)(1) If the residential parent intends to move to a
residence other than the residence specified in the
parenting time
order or decree of the court, the parent shall file a notice of
intent to relocate with the court that issued the order or
decree. Except as provided in divisions (G)(2), (3), and (4) of
this section, the court shall send a copy of the notice to the
parent who is not the residential parent. Upon receipt of the
notice, the court, on its own motion or the motion of the parent
who is not the residential parent, may schedule a hearing with
notice to both parents to determine whether it is in the best
interest of the child to revise the parenting time
schedule for the
child. (2) When a court grants parenting
time rights
to a parent who is not the residential parent, the court shall
determine whether that parent has been convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded
guilty to any other offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child.
If the court determines that that parent has not been so
convicted and has not been determined to be the perpetrator of an
abusive act that is the basis of a child abuse adjudication, the
court shall issue an order stating that a copy of any notice of
relocation that is filed with the court pursuant to division
(G)(1) of this section will be sent to the parent who is given
the parenting time rights in
accordance with
division (G)(1) of this section. If the court determines that the parent who is granted the
parenting time rights has been
convicted of or
pleaded guilty to a violation of section 2919.25 of the Revised
Code involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded
guilty to any other offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child,
it shall issue an order stating that that parent will not be
given a copy of any notice of relocation that is filed with the
court pursuant to division (G)(1) of this section unless the
court determines that it is in the best interest of the children
to give that parent a copy of the notice of relocation, issues an
order stating that that parent will be given a copy of any notice
of relocation filed pursuant to division (G)(1) of this section,
and issues specific written findings of fact in support of its
determination. (3) If a court, prior to April 11, 1991, issued an order
granting parenting time rights to a
parent who is
not the residential parent and did not require the residential
parent in that order to give the parent who is granted the
parenting time rights notice of any
change of
address and if the residential parent files a notice of
relocation pursuant to division (G)(1) of this section, the court
shall determine if the parent who is granted the parenting time rights has been convicted of or
pleaded guilty to a
violation of section 2919.25 of the Revised Code involving a
victim who at the time of the commission of the offense was a
member of the family or household that is the subject of the
proceeding, has been convicted of or pleaded guilty to any other
offense involving a victim who at the time of the commission of
the offense was a member of the family or household that is the
subject of the proceeding and caused physical harm to the victim
in the commission of the offense, or has been determined to be
the perpetrator of the abusive act that is the basis of an
adjudication that a child is an abused child. If the court
determines that the parent who is granted the parenting time rights has not been so convicted and
has not been
determined to be the perpetrator of an abusive act that is the
basis of a child abuse adjudication, the court shall issue an
order stating that a copy of any notice of relocation that is
filed with the court pursuant to division (G)(1) of this section
will be sent to the parent who is granted parenting time rights in accordance with division
(G)(1) of this
section. If the court determines that the parent who is granted the
parenting time rights has been
convicted of or
pleaded guilty to a violation of section 2919.25 of the Revised
Code involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded
guilty to any other offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child,
it shall issue an order stating that that parent will not be
given a copy of any notice of relocation that is filed with the
court pursuant to division (G)(1) of this section unless the
court determines that it is in the best interest of the children
to give that parent a copy of the notice of relocation, issues an
order stating that that parent will be given a copy of any notice
of relocation filed pursuant to division (G)(1) of this section,
and issues specific written findings of fact in support of its
determination. (4) If a parent who is granted
parenting time
rights pursuant to this section or any other section of the
Revised Code is authorized by an order issued pursuant to this
section or any other court order to receive a copy of any notice
of relocation that is filed pursuant to division (G)(1) of this
section or pursuant to court order, if the residential parent
intends to move to a residence other than the residence address
specified in the parenting time
order, and if the
residential parent does not want the parent who is granted the
parenting time rights to receive a
copy of the
relocation notice because the parent with parenting time rights has been
convicted of or pleaded
guilty to a violation of section 2919.25 of the Revised Code
involving a victim who at the time of the commission of the
offense was a member of the family or household that is the
subject of the proceeding, has been convicted of or pleaded
guilty to any other offense involving a victim who at the time of
the commission of the offense was a member of the family or
household that is the subject of the proceeding and caused
physical harm to the victim in the commission of the offense, or
has been determined to be the perpetrator of the abusive act that
is the basis of an adjudication that a child is an abused child,
the residential parent may file a motion with the court
requesting that the parent who is granted the parenting time rights not receive a copy of any
notice of
relocation. Upon the filing of the motion, the court shall
schedule a hearing on the motion and give both parents notice of
the date, time, and location of the hearing. If the court
determines that the parent who is granted the parenting time rights has been so convicted or has
been determined
to be the perpetrator of an abusive act that is the basis of a
child abuse adjudication, the court shall issue an order stating
that the parent who is granted the
parenting time rights will not be given a copy of any notice of
relocation that
is filed with the court pursuant to division (G)(1) of this
section or that the residential parent is no longer required to
give that parent a copy of any notice of relocation unless the
court determines that it is in the best interest of the children
to give that parent a copy of the notice of relocation, issues an
order stating that that parent will be given a copy of any notice
of relocation filed pursuant to division (G)(1) of this section,
and issues specific written findings of fact in support of its
determination. If it does not so find, it shall dismiss the
motion. (H)(1) Subject to section
3125.16 and
division (F) of section 3319.321 of the Revised Code, a parent of
a child who is not the residential parent of the child is
entitled to access, under the same terms and conditions under
which access is provided to the residential parent, to any record
that is related to the child and to which the residential parent
of the child legally is provided access, unless the court
determines that it would not be in the best interest of the child
for the parent who is not the residential parent to have access
to the records under those same terms and conditions. If the
court determines that the parent of a child who is not the
residential parent should not have access to records related to
the child under the same terms and conditions as provided for the
residential parent, the court shall specify the terms and
conditions under which the parent who is not the residential
parent is to have access to those records, shall enter its
written findings of facts and opinion in the journal, and shall
issue an order containing the terms and conditions to both the
residential parent and the parent of the child who is not the
residential parent. The court shall include in every order
issued pursuant to this division notice that any keeper of a
record who knowingly fails to comply with the order or division
(H) of this section is in contempt of court. (2) Subject to section
3125.16
and
division (F) of section 3319.321 of the Revised Code, subsequent
to the issuance of an order under division (H)(1) of this
section, the keeper of any record that is related to a particular
child and to which the residential parent legally is provided
access shall permit the parent of the child who is not the
residential parent to have access to the record under the same
terms and conditions under which access is provided to the
residential parent, unless the residential parent has presented
the keeper of the record with a copy of an order issued under
division (H)(1) of this section that limits the terms and
conditions under which the parent who is not the residential
parent is to have access to records pertaining to the child and
the order pertains to the record in question. If the residential
parent presents the keeper of the record with a copy of that type
of order, the keeper of the record shall permit the parent who is
not the residential parent to have access to the record only in
accordance with the most recent order that has been issued
pursuant to division (H)(1) of this section and presented to the
keeper by the residential parent or the parent who is not the
residential parent. Any keeper of any record who knowingly fails
to comply with division (H) of this section or with any order
issued pursuant to division (H)(1) of this section is in contempt
of court. (3) The prosecuting attorney of any county may file a
complaint with the court of common pleas of that county
requesting the court to issue a protective order preventing the
disclosure pursuant to division (H)(1) or (2) of this section of
any confidential law enforcement investigatory record. The court
shall schedule a hearing on the motion and give notice of the
date, time, and location of the hearing to all parties. (I) A court that issues a parenting time order or
decree
pursuant to this section or section 3109.12
of the
Revised Code shall
determine whether the parent granted the right of
parenting time is
to be permitted access, in accordance with section 5104.011 of
the Revised Code, to any child day-care center that is, or that
in the future may be, attended by the children with whom the
right of parenting time is granted. Unless the court
determines that
the parent who is not the residential parent should not have
access to the center to the same extent that the residential
parent is granted access to the center, the parent who is not the
residential parent and who is granted
parenting time
rights is entitled to access to the center to the same extent
that the residential parent is granted access to the center. If
the court determines that the parent who is not the residential
parent should not have access to the center to the same extent
that the residential parent is granted such access under division
(C) of section 5104.011 of the Revised Code, the court shall
specify the terms and conditions under which the parent who is
not the residential parent is to have access to the center,
provided that the access shall not be greater than the access
that is provided to the residential parent under division (C) of
section 5104.011 of the Revised Code, the court shall enter its
written findings of fact and opinions in the journal, and the
court shall include the terms and conditions of access in the
parenting time order or decree. (J)(1) Subject to division (F) of section 3319.321 of the
Revised Code, when a court issues an order or decree allocating
parental rights and responsibilities for the care of a child, the
parent of the child who is not the residential parent of the
child is entitled to access, under the same terms and conditions
under which access is provided to the residential parent, to any
student activity that is related to the child and to which the
residential parent of the child legally is provided access,
unless the court determines that it would not be in the best
interest of the child to grant the parent who is not the
residential parent access to the student activities under those
same terms and conditions. If the court determines that the
parent of the child who is not the residential parent should not
have access to any student activity that is related to the child
under the same terms and conditions as provided for the
residential parent, the court shall specify the terms and
conditions under which the parent who is not the residential
parent is to have access to those student activities, shall enter
its written findings of facts and opinion in the journal, and
shall issue an order containing the terms and conditions to both
the residential parent and the parent of the child who is not the
residential parent. The court shall include in every order
issued pursuant to this division notice that any school official
or employee who knowingly fails to comply with the order or
division (J) of this section is in contempt of court. (2) Subject to division (F) of section 3319.321 of the
Revised Code, subsequent to the issuance of an order under
division (J)(1) of this section, all school officials and
employees shall permit the parent of the child who is not the
residential parent to have access to any student activity under
the same terms and conditions under which access is provided to
the residential parent of the child, unless the residential
parent has presented the school official or employee, the board
of education of the school, or the governing body of the
chartered nonpublic school with a copy of an order issued under
division (J)(1) of this section that limits the terms and
conditions under which the parent who is not the residential
parent is to have access to student activities related to the
child and the order pertains to the student activity in question.
If the residential parent presents the school official or
employee, the board of education of the school, or the governing
body of the chartered nonpublic school with a copy of that type
of order, the school official or employee shall permit the parent
who is not the residential parent to have access to the student
activity only in accordance with the most recent order that has
been issued pursuant to division (J)(1) of this section and
presented to the school official or employee, the board of
education of the school, or the governing body of the chartered
nonpublic school by the residential parent or the parent who is
not the residential parent. Any school official or employee who
knowingly fails to comply with division (J) of this section or
with any order issued pursuant to division (J)(1) of this section
is in contempt of court. (K) If any person is found in contempt of court for
failing to comply with or interfering with any order or decree
granting parenting time rights issued pursuant to this section or section
3109.12 of the Revised Code or companionship or visitation rights issued
pursuant to this section, section 3109.11 or 3109.12 of the
Revised Code, or any other provision of the Revised Code, the
court that makes the finding, in addition to any other penalty or
remedy imposed, shall assess all court costs arising out of the
contempt proceeding against the person and require the person to
pay any reasonable attorney's fees of any adverse party, as
determined by the court, that arose in relation to the act of
contempt, and may award reasonable compensatory parenting time or
visitation to the
person whose right of parenting time or visitation was affected by the
failure or
interference if such compensatory parenting time or visitation is in
the best
interest of the child. Any compensatory parenting time or visitation
awarded
under
this division shall be included in an order issued by the court
and, to the extent possible, shall be governed by the same terms
and conditions as was the parenting time or visitation that was
affected by the
failure or interference. (L) Any parent who requests reasonable parenting time
rights with respect to a child under this section or section 3109.12 of the Revised Code or
any person who requests reasonable companionship or
visitation rights with respect to a child under this section,
section 3109.11 or 3109.12 of the Revised Code, or any other
provision of the Revised Code may file a motion with the court
requesting that it waive all or any part of the costs that may
accrue in the proceedings. If the court determines
that the movant is indigent and that the waiver is in the best
interest of the child, the court, in its discretion, may waive
payment of all or any part of the costs of those proceedings. (M) The juvenile court has exclusive jurisdiction to enter
the orders in any case certified to it from another court. (N) As used in this section: (1) "Abused child" has the same meaning as in section
2151.031 of the Revised Code, and "neglected child" has the same
meaning as in section 2151.03 of the Revised Code. (2) "Record" means any record, document, file, or other
material that contains information directly related to a child,
including, but not limited to, any of the following: (a) Records maintained by public and nonpublic schools; (b) Records maintained by facilities that provide child
day-care care, as defined in section 5104.01 of the Revised Code,
publicly funded child day-care care, as defined in section 5104.01 of
the Revised Code, or pre-school services operated by or under the
supervision of a school district board of education or a
nonpublic school; (c) Records maintained by hospitals, other facilities, or
persons providing medical or surgical care or treatment for the
child; (d) Records maintained by agencies, departments,
instrumentalities, or other entities of the state or any
political subdivision of the state, other than a child support
enforcement agency. Access to records maintained by a child
support enforcement agency is governed by
section 3125.16 of the Revised Code. (3) "Confidential law enforcement investigatory record"
has the same meaning as in section 149.43 of the Revised Code.
Sec. 3109.18. (A)(1) A board of county
commissioners may
establish a child abuse and child
neglect prevention advisory
board or may designate the
county family and
children first
council to serve as the child abuse and child neglect
prevention
advisory board. The boards of county commissioners of
two or more
contiguous counties may instead form a multicounty district
to be
served by a child abuse and child neglect
prevention advisory
board
or may designate a regional family and children first
council to
serve as the district child abuse and child neglect
prevention advisory
board. Each advisory board shall meet at
least twice a year. (2) The county auditor is hereby designated as the auditor
and
fiscal officer of the advisory board. In the case of a
multicounty
district, the boards of county commissioners that
formed the
district shall designate the auditor of one of the
counties as the
auditor and fiscal officer of the advisory board. (B) Each county that establishes an advisory board or, in a
multicounty district, the county the auditor of which has been
designated as
the auditor and fiscal
officer of the advisory
board,
shall establish a fund in the county
treasury known as the
county
or district children's trust fund.
The advisory board
shall
deposit all funds received from the
children's trust fund
board
into that fund, and the auditor shall
distribute money from
the
fund at the request of the advisory
board. (C) Each January, the board of county commissioners of a
county
that has established an advisory board or, in a multicounty
district, the board of county commissioners of the county the
auditor of
which has been designated as the auditor and fiscal
officer for the
advisory board, shall appropriate the amount
described in division
(B)(2) of section 3109.17 of the Revised
Code for
distribution by
the advisory board to child abuse and
child neglect prevention
programs. (D)(1) Except in the case of a county or regional
family and
children first council that is designated to serve as a
child
abuse and child neglect prevention advisory board, each
advisory
board shall
consist of an odd number of members from both
the
public and
private sectors,
including all of the following: (a) A representative of an agency responsible for the
administration of children's services in the county or district; (b) A provider of alcohol or drug addiction services or a
representative of a board of alcohol, drug addiction, and mental
health
services that serves the
county or district; (c) A provider of mental health services or a representative
of a
board of alcohol, drug addiction, and mental health services
that serves
the county or district; (d) A representative of a board of mental retardation and
developmental disabilities that serves the county or district; (e) A representative of the educational community appointed
by
the superintendent of the school district with largest
enrollment in the
county or multicounty district. (2) The following groups and entities may be represented on
the
advisory board: (a) Parent groups; (b) Juvenile justice officials; (c) Pediatricians, health department nurses, and other
representatives of the medical community; (d) School personnel; (e) Counselors
and social workers; (f) Head start agencies; (g) Child day-care care providers; (h) Other
persons with demonstrated
knowledge in programs
for children. (3) Of the members first appointed, at least one
shall serve
for a term of three years, at least one for a term of
two years,
and at least one for a term of one year. Thereafter,
each member
shall serve a term of three years. Each member shall
serve until
the member's successor is appointed. All
vacancies on the
board
shall be filled for the balance of the unexpired term in
the same
manner as the original appointment. (E) Each board of county commissioners may incur reasonable
costs not to exceed five per cent of the
funds
allocated to
the county or district under section 3109.17 of the
Revised Code,
for the purpose of carrying out the functions of the
advisory
board. (F) Each child abuse and child
neglect prevention advisory
board shall do all of the following: (1) Develop a comprehensive
allocation plan for the purpose
of preventing child abuse and child neglect
and
submit the plan to
the children's trust fund board; (2)
Provide effective public notice, as defined in
rules adopted by the department of job and family services, to
potential
applicants about the availability of
funds from the
children's
trust fund, including an estimate of the amount of
money available for grants within each county or district, the
date of at least one public hearing, information on obtaining a
copy of the grant application form, and the deadline for
submitting
grant applications; (3) Review all applications received using
criteria
specified in the state plan adopted by the board under
section 3109.17 of the Revised Code; (4) Consistent with the plan developed pursuant to
division
(F)(1) of this section, make grants to child abuse and child
neglect prevention programs.
In making grants to child abuse and
child neglect prevention
programs, the advisory board may consider
factors such as need, geographic
location, diversity, coordination
with
or improvement of existing services, maintenance of local
funding
efforts, and extensive use of volunteers. (5) Establish reporting requirements for grant
recipients. (G)
A member of a child abuse and child neglect prevention
advisory board shall not participate in the development of a
comprehensive allocation plan under division (F)(1) of this
section if it is reasonable to expect that the member's judgment
could be affected by the member's own financial, business,
property, or personal interest or other conflict of interest. For
purposes of this division, "conflict of interest" means the
taking
of any action that violates any applicable provision of
Chapter
102. or 2921. of the Revised Code. Questions relating to
the
existence of a conflict of interest pertaining to Chapter
2921. of
the Revised Code shall be submitted by the advisory board
to the
local prosecuting attorney for resolution. Questions
relating to
the existence of a conflict of interest pertaining to
Chapter 102.
of the Revised Code shall be submitted by the
advisory board to
the Ohio ethics commission for resolution. (H) Each advisory
board shall
assist the children's trust
fund
board in monitoring
programs that receive money from the
children's trust fund
and
shall perform such
other duties for the
local administration of
the children's trust
fund as
the
children's trust fund board
requires. (I) A recipient of a grant from the children's trust fund
shall use the grant funds only to fund
primary and secondary child
abuse and child
neglect prevention programs. Any
grant funds that
are not spent
by the
recipient of the funds within the time
specified by the
terms of
the grant shall be returned to the
county treasurer. Any
grant funds returned that
are not
redistributed by the advisory
board within the
state fiscal year in which they
are received
shall be returned to the
treasurer
of state. The
treasurer of
state shall deposit such unspent
moneys into the
children's trust
fund to be spent for purposes
consistent with
the
state plan
adopted under section 3109.17 of
the Revised Code. (J) Applications for grants from the children's trust
fund
shall be made to the advisory board on forms prescribed by
the
children's trust fund
board. (K)(1) Each recipient of a children's trust fund grant
from
an advisory board
shall file with the advisory board a copy
of an
annual report that includes the information required by the
children's trust fund
board. (2) Each advisory board shall file with the children's trust
fund board a copy of an annual
report regarding the county or
district comprehensive allocation
plan that contains the
information required by the children's
trust fund board.
Sec. 3301.52. As used in sections 3301.52 to 3301.59 of
the Revised Code: (A) "Preschool program" means either of the following: (1) A child day-care care program for preschool children that
is operated by a school district board of education or an
eligible nonpublic school. (2) A child day-care care program for preschool children age
three or older that is operated by a county MR/DD board. (B) "Preschool child" or "child" means a child who has not
entered kindergarten and is not of compulsory school age. (C) "Parent, guardian, or custodian" means the person or
government agency that is or will be responsible for a child's
school attendance under section 3321.01 of the Revised Code. (D) "Superintendent" means the superintendent of a school
district or the chief administrative officer of an eligible
nonpublic school. (E) "Director" means the director, head teacher,
elementary principal, or site administrator who is the
individual on site and responsible for supervision of a
preschool program. (F) "Preschool staff member" means a preschool employee
whose primary responsibility is care, teaching, or supervision of
preschool children. (G) "Nonteaching employee" means a preschool program or
school child program employee whose primary responsibilities are
duties other than care, teaching, and supervision of preschool
children or school children. (H) "Eligible nonpublic school" means a nonpublic school
chartered as described in division (B)(8) of section 5104.02 of
the Revised Code or chartered by the state board of education for
any combination of grades one through twelve, regardless of
whether it also offers kindergarten. (I) "County MR/DD board" means a county board of mental
retardation and developmental disabilities. (J) "School child program" means a child day-care care program
for only school children that is operated by a school district
board of education, county MR/DD board, or eligible nonpublic
school. (K) "School child" and "child day-care care" have the same
meanings as in section 5104.01 of the Revised Code. (L) "School child program staff member" means an employee
whose primary responsibility is the care, teaching, or
supervision of children in a school child program.
Sec. 3301.521. Sections 3301.53 to 3301.59 of the Revised Code do not apply
to child day-care care provided exclusively for participants of an adult education
program that receives funds under the department of education's state plan for
implementing the "Adult Education Act of 1966," 80 Stat. 1216, 20 U.S.C. 1201,
as amended, or an adult education program operated under section 3313.52,
3313.531, 3313.641, or 3313.644 of the Revised Code, if the child day-care care is
provided on a part-time basis, is provided on the same premises as and during
the hours of operation of the adult education program, and at least one
parent, custodian, or guardian of each child is on the premises and readily
accessible at all times.
Sec. 3301.53. (A) Not later than July 1, 1988, the state
board of education, in consultation with the director of job and
family
services, shall formulate and prescribe by rule adopted
under
Chapter 119. of the Revised Code minimum standards to be
applied
to preschool programs operated by school district boards
of
education, county MR/DD boards, or eligible nonpublic
schools. The rules
shall include the following: (1) Standards ensuring that the preschool program is
located
in a safe and convenient facility that accommodates the
enrollment
of the program, is of the quality to support the
growth and
development of the children according to the program
objectives,
and meets the requirements of section 3301.55 of the
Revised Code; (2) Standards ensuring that supervision, discipline, and
programs will be administered according to established objectives
and procedures; (3) Standards ensuring that preschool staff members and
nonteaching employees are recruited, employed, assigned,
evaluated, and provided inservice education without
discrimination
on the basis of age, color, national origin, race,
or sex; and
that preschool staff members and nonteaching
employees are
assigned responsibilities in accordance with
written position
descriptions commensurate with their training
and experience; (4) A requirement that boards of education intending to
establish a preschool program on or after March 17, 1989,
demonstrate a need for a preschool program that is not being met
by any existing program providing child day-care care, prior to
establishing the program; (5) Requirements that children participating in preschool
programs have been immunized to the extent considered appropriate
by the state board to prevent the spread of communicable disease; (6) Requirements that the parents of preschool children
complete the emergency medical authorization form specified in
section 3313.712 of the Revised Code. (B) The state board of education in consultation with the
director of job and family services shall ensure that the rules
adopted
by
the state board under sections 3301.52 to 3301.58 of
the Revised
Code are consistent with and meet or exceed the
requirements of
Chapter 5104. of the Revised Code with regard to
child day-care
centers. The state board and the director of job
and family services
shall review all such rules at least once
every five years. (C) On or before January 1, 1992, the state board of
education, in consultation with the director of
job and family
services,
shall adopt rules for school child programs that are
consistent
with and meet or exceed the requirements of the rules
adopted for
school child day-care centers under Chapter 5104. of
the Revised
Code.
Sec. 3301.56. (A) The director of each preschool program
shall be responsible for the following: (1) Ensuring that the health and safety of the children
are
safeguarded by an organized program of school health services
designed to identify child health problems and to coordinate
school and community health resources for children, as evidenced
by but not limited to: (a) Requiring immunization and compliance with emergency
medical authorization requirements in accordance with rules
adopted by the state board of education under section 3301.53 of
the Revised Code; (b) Providing procedures for emergency situations,
including
fire drills, rapid dismissals, and tornado drills in
accordance
with section 3737.73 of the Revised Code, and keeping
records of
such drills or dismissals; (c) Posting emergency procedures in preschool rooms and
making them available to school personnel, children, and parents; (d) Posting emergency numbers by each telephone; (e) Supervising grounds, play areas, and other facilities
when scheduled for use by children; (f) Providing first-aid facilities and materials. (2) Maintaining cumulative records for each child; (3) Supervising each child's admission, placement, and
withdrawal according to established procedures; (4) Preparing at least once annually for each group of
children in the program a roster of names and telephone numbers
of
parents, guardians, and custodians of children in the group
and,
on request, furnishing the roster for each group to the
parents,
guardians, and custodians of children in that group.
The director
may prepare a similar roster of all children in the
program and,
on request, make it available to the parents,
guardians, and
custodians, of children in the program. The
director shall not
include in either roster the name or telephone
number of any
parent, guardian, or custodian who requests that
his
the parent's,
guardian's, or custodian's name or number not
be included, and
shall not furnish any roster to any person other than a
parent,
guardian, or custodian of a child in the program. (5) Ensuring that clerical and custodial services are
provided for the program; (6) Supervising the instructional program and the daily
operation of the program; (7) Supervising and evaluating preschool staff members
according to a planned sequence of observations and evaluation
conferences, and supervising nonteaching employees. (B)(1) In each program the maximum number of children per
preschool staff member and the maximum group size by age category
of children shall be as follows:
| | Maximum | | |
| | Group | | Staff Member/ |
Age Group | | Size | | Child Ratio |
Birth to less than 12 months | | 12 | | 1:5, or 2:12 if |
| | | | two preschool |
| | | | staff members |
| | | | are in the room |
12 months to less than 18 months | | 12 | | 1:6 |
18 months to less than 30 months | | 14 | | 1:7 |
30 months to less than 3 years | | 16 | | 1:8 |
3-year-olds | | 24 | | 1:12 |
4- and 5-year-olds not in school | | 28 | | 1:14 |
(2) When age groups are combined, the maximum number of
children per preschool staff member shall be determined by the
age
of the youngest child in the group, except that when no more
than
one child thirty months of age or older receives child
day-care care in
a group in which all the other children are in the
next older age
group, the maximum number of children per
child-care staff member
and maximum group size requirements of
the older age group
established under division (B)(1) of this
section shall apply. (3) In a room where children are napping, if all the
children are at least eighteen months of age, the maximum number
of children per preschool staff member shall, for a period not to
exceed one and one-half hours in any twenty-four hour day, be
twice the maximum number of children per preschool staff member
established under division (B)(1) of this section if all the
following criteria are met: (a) At least one preschool staff member is present in the
room; (b) Sufficient preschool staff members are present on the
preschool program premises to comply with division (B)(1) of this
section; (c) Naptime preparations have been completed and the
children are resting or napping. (C) In each building in which a preschool program is
operated there shall be on the premises, and readily available at
all times, at least one employee who has completed a course in
first aid and in the prevention, recognition, and management of
communicable diseases which is approved by the state department
of
health, and an employee who has completed a course in child
abuse
recognition and prevention. (D) Any parent, guardian, or custodian of a child enrolled
in a preschool program shall be permitted unlimited access to the
school during its hours of operation to contact
his
the parent's,
guardian's, or custodian's child, evaluate the care provided by
the
program, or evaluate the premises, or for other purposes
approved by the
director. Upon entering the premises, the parent,
guardian, or custodian
shall report to the school office.
Sec. 3301.59. (A) No school child program may receive any
state or federal funds specifically allocated for school child
programs unless the school child program is licensed by the
department of education pursuant to sections 3301.52 to 3301.59
of
the Revised Code or by the department of job and family services
pursuant to Chapter 5104. of the Revised Code. (B) If an eligible nonpublic school is operating,
managing,
conducting, or maintaining a preschool program or
school child
program on
July
22, 1991, and if the eligible nonpublic school
previously
obtained a license for the program from the department
of job and family
services pursuant to Chapter 5104. of the
Revised Code, the
eligible nonpublic school shall do one of the
following: (1) On or before the expiration date of the license, apply
pursuant to Chapter 5104. of the Revised Code to the department
of
job and family services for a renewal of the license; (2) On or before the expiration date of the license, apply
pursuant to sections 3301.52 to 3301.59 of the Revised Code to
the
department of education for a license for the program; (3) If the program is a preschool program, cease to
operate,
manage, conduct, or maintain the program; (4) If the program is a school child program, not accept
any
state or federal funds specifically allocated for school
child
programs and not accept any state or federal funds for
publicly
funded child day-care care pursuant to Chapter 5104. of the
Revised
Code. (C) If an eligible nonpublic school is operating,
managing,
conducting, or maintaining a preschool program or
school child
program on
July
22, 1991, and if the eligible nonpublic school
previously
has not
obtained a license for the program from the
department of job and family
services pursuant to Chapter 5104. of
the Revised Code, the
eligible nonpublic school shall do one of
the following: (1) On July 22,
1991, apply pursuant to Chapter 5104. of the
Revised Code to the
department of job and family services for a
license for the program; (2) On July 22,
1991,
apply pursuant to sections 3301.52 to
3301.59 of the Revised Code
to the department of education for a
license for the program; (3) If the program is a preschool program, cease to
operate,
manage, conduct, or maintain the program; (4) If the program is a school child program, not accept
any
state or federal funds specifically allocated for school
child
programs and not accept any state or federal funds for
publicly
funded child day-care care pursuant to Chapter 5104. of the
Revised
Code. (D)(1) If an eligible nonpublic school that operates,
manages, conducts, or maintains a preschool program or a school
child program elects pursuant to division (B)(1) of this section
to renew a license for the program that was issued by the
department of job and family services or elects pursuant to
division
(C)(1) of this section to apply to the department of job
and family
services for a license for the program, that preschool
program or
school child program is subject to Chapter 5104. of the
Revised
Code and to licensure under that chapter until the
eligible
nonpublic school ceases to operate, manage, conduct, or
maintain
the program. (2) If an eligible nonpublic school that operates,
manages,
conducts, or maintains a preschool program or a school
child
program elects pursuant to division (B)(2) or (C)(2) of
this
section to apply to the department of education for a
license for
the program, that preschool program or school child
program is
subject to sections 3301.52 to 3301.59 of the Revised
Code and to
licensure under those sections until the eligible
nonpublic school
ceases to operate, manage, conduct, or maintain
the program. (E) Not later than July 22, 1992, the departments
of
job and
family services and
education shall each prepare a list of the
preschool programs and
school child programs that are licensed by
the respective
departments.
Sec. 3313.646. (A) The board of education of a school
district, except a cooperative education district established
pursuant to section 3311.521 of the Revised Code, may establish
and operate a preschool program except that no such program shall
be established after March 17, 1989, unless both of the following
apply at the time the program is established: (1) The board has demonstrated a need for the program. (2) Unless it is a cooperative education district
established pursuant to divisions (A) to (C) of section 3311.52
of the Revised Code, the school district is eligible for moneys
distributed by the department of education pursuant to section
3317.029 of the Revised Code. A board may use
school funds in support of preschool programs. The board shall
maintain, operate, and admit children to any such program
pursuant to rules adopted by such board and the rules of the
state board of education adopted under sections 3301.52 to
3301.57 of the Revised Code. A board of education may establish fees or tuition, which
may be graduated in proportion to family income, for
participation in a preschool program. In cases where payment of
fees or tuition would create a hardship for the child's parent or
guardian, the board may waive any such fees or tuition. (B) No board of education that is not receiving funds
under the "Head Start Act," 95 Stat. 489 (1981), 42 U.S.C.A.
9831, on March 17, 1989, shall compete for funds under the "Head
Start Act" with any grantee receiving funds under that act. (C) A board of education may contract with any of the
following preschool providers to provide preschool programs,
other than programs for units described by divisions
(B) and (C) of
section 3317.05 of the Revised Code, for children of the school
district: (1) Any organization receiving funds under the "Head Start
Act"; (2) Any nonsectarian eligible nonpublic school as defined
in division (H) of section 3301.52 of the Revised Code; (3) Any child day-care care provider licensed under Chapter
5104. of the Revised Code. Boards may contract to provide preschool programs only with
such organizations whose staff meet the requirements of rules
adopted under section 3301.53 of the Revised Code or those of the
child development associate credential established by the
national association for the education of young children. (D) A contract entered into under division (C) of this
section may provide for the board of education to lease school
facilities to the preschool provider or to furnish
transportation, utilities, or staff for the preschool program. (E) The treasurer of any board of education operating a
preschool program pursuant to this section shall keep an account
of all funds used to operate the program in the same manner as he
would any other funds of the district pursuant to this chapter.
Sec. 3318.01. As used in sections 3318.01 to 3318.20 of
the
Revised Code: (A)
"Ohio school facilities commission"
means the commission
created pursuant to
section 3318.30 of the Revised Code. (B)
"Classroom facilities" means rooms in which pupils
regularly assemble in public school buildings to receive
instruction and education and such facilities and building
improvements for the operation and use of such rooms as may be
needed in order to provide a complete educational program, and may
include space within which a child day-care care facility or a
community resource
center is housed.
"Classroom facilities"
includes any space necessary for the operation of a vocational
education program
for secondary students in any school district
that operates such a
program. (C)
"Project" means a project to construct or acquire
classroom
facilities, or to reconstruct or
make additions to
existing classroom facilities,
to be used for housing the
applicable school district and its functions. (D)
"School district" means a local, exempted village, or
city school district as such districts are defined in Chapter
3311. of the Revised Code, acting as an agency of state
government, performing
essential governmental functions of state
government pursuant to sections
3318.01 and 3318.20 of the Revised
Code.
For purposes of assistance provided under sections 3318.40 to
3318.45 of the Revised Code, the term "school district" as used in
this section and in divisions (A), (C), and (D) of section 3318.03
and in sections 3318.031, 3318.042, 3318.07, 3318.08,
3318.083, 3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12,
3318.13, 3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the
Revised Code means a joint vocational school district established
pursuant to section 3311.18 of the Revised Code. (E)
"School district board" means the board of education
of
a
school district. (F)
"Net bonded indebtedness" means the difference between
the sum of the par value of all outstanding and unpaid bonds and
notes
which
a school district board is obligated to pay, any
amounts the school district is obligated to pay under
lease-purchase
agreements entered into under section 3313.375 of
the Revised Code, and the
par value of bonds authorized by the
electors but not yet issued,
the proceeds of which can lawfully be
used for the project, and
the amount held in the sinking fund and
other indebtedness
retirement funds for their redemption. Notes
issued for school
buses in accordance with section 3327.08 of the
Revised Code,
notes issued in anticipation of the collection of
current
revenues, and bonds issued to pay final judgments shall
not be
considered in calculating the net bonded indebtedness. "Net bonded indebtedness" does not include indebtedness
arising from
the acquisition of land to provide a site for
classroom facilities
constructed, acquired, or added to pursuant
to sections 3318.01 to 3318.20
of the Revised Code. (G)
"Board of elections" means the board of elections of
the
county containing the most populous portion of the school
district. (H)
"County auditor" means the auditor of the county in
which
the greatest value of taxable property of such school
district is
located. (I)
"Tax duplicates" means the general tax lists and
duplicates prescribed by sections 319.28 and 319.29 of the
Revised
Code. (J)
"Required level of indebtedness" means: (1) In the case of districts in
the first percentile, five
per cent of the district's valuation for
the year preceding the
year in which the controlling board approved the
project under
section 3318.04 of the Revised Code. (2) In the case of districts ranked in a subsequent
percentile, five per
cent of the district's valuation for the year
preceding the year in
which the controlling board approved the
project under section 3318.04
of the Revised Code, plus [two
one-hundredths of one per
cent multiplied by (the percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project minus
one)]. (K)
"Required percentage of the basic project costs" means
one per cent of
the basic project costs times the
percentile in
which the district ranks
for the fiscal year preceding the fiscal
year in which the controlling board approved the district's
project. (L)
"Basic project cost" means a cost amount determined in
accordance with
rules adopted under section 111.15 of the Revised
Code by
the
Ohio school facilities commission. The basic
project
cost calculation shall take into consideration the square footage
and
cost per square foot necessary for the grade levels to be
housed in the
classroom facilities, the variation across the state
in construction and
related costs, the cost of the installation of
site utilities and site
preparation,
the cost of demolition of all
or part of any existing classroom facilities that are abandoned
under the project, the cost of insuring the
project until it is
completed,
any contingency reserve amount
prescribed by the
commission under section 3318.086 of the Revised
Code, and the
professional planning, administration, and design
fees that a
district may
have to pay to undertake a classroom
facilities
project.
For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
the basic project cost calculation for a project under those
sections shall also take into account the types of laboratory
spaces and program square footages needed for the vocational
education programs for high school students offered by the school
district. (M)(1) Except for a joint vocational school district that
receives assistance under sections 3318.40 to 3318.45 of the
Revised Code, a
"school district's portion of the basic project
cost"
means the
amount determined under section 3318.032 of the
Revised
Code. (2) For a joint vocational school district that receives
assistance under sections 3318.40 to 3318.45 of the Revised Code,
a "school district's portion of the basic project cost" means the
amount determined under division (C) of section 3318.42 of the
Revised Code. (N)
"Child day-care care facility" means
space within a classroom
facility in which the needs of infants,
toddlers, preschool
children, and school children are provided
for by persons other
than the parent or guardian of such
children for any part of the
day, including persons not employed by the school
district
operating such classroom facility. (O)
"Community resource
center" means space within a
classroom facility in which
comprehensive services that support
the needs of families and
children are provided by community-based
social service
providers. (P)
"Valuation" means the total value of all property in
the
district as listed and assessed for taxation on the tax
duplicates. (Q)
"Percentile" means the percentile in which the
district
is
ranked pursuant to division (D) of section 3318.011 of the
Revised Code. (R)
"Installation of site utilities" means the
installation
of a site domestic water system, site fire protection system,
site
gas distribution system, site sanitary system, site storm
drainage
system, and site telephone and data system. (S)
"Site preparation"
means the earthwork necessary for
preparation of the building
foundation system, the paved
pedestrian and vehicular
circulation system, playgrounds on the
project site, and lawn
and planting on the project site.
Sec. 3701.21. (A) As used in this
section: (1) "Amblyopia" means reduced vision in an eye that has not
received adequate use during early childhood. (2) "501(c) organization" means an organization exempt from
federal
income taxation pursuant to 26 U.S.C.A. 501(a) and
(c). (B) There is hereby created in the state treasury
the save our sight fund. The fund shall consist of voluntary
contributions deposited as provided in section 4503.104 of the
Revised
Code. All investment earnings
from the fund shall be credited to the fund. (C) The director of health shall use the money in
the save our sight fund as follows: (1) To provide support to 501(c) organizations that offer
vision
services in all counties of the state and have demonstrated experience in the
delivery of vision services to do one or more of the following: (a) Implement a voluntary children's vision screening
training and
certification program for volunteers, child day-care care providers,
nurses, teachers, health care professionals practicing in primary care
settings, and others serving children; (b) Provide materials for the program implemented under division
(C)(1)(a) of this section; (c) Develop and implement a registry and
targeted voluntary case management system to determine whether
children with amblyopia are receiving professional eye care and
to provide their parents with information and
support regarding their child's vision care; (d) Establish a matching grant program for the
purchase and distribution of protective eyewear
to children; (e) Provide vision health and safety programs and
materials for classrooms. (2) For the purpose of section 4503.104 of
the Revised Code, to develop and distribute
informational materials on the importance of eye care and safety to the
registrar of motor vehicles and each deputy registrar; (3) To pay costs incurred by the director in administering the fund; (4) To reimburse the bureau of motor vehicles for the administrative costs
incurred in performing its duties under section 4503.104 of the Revised Code. (D) A 501(c)
organization seeking funding from the save our sight fund for any of the
projects specified in division (C) of this section shall submit a
request for
the funding to the director
in accordance with rules adopted under
division (E) of this section. The
director shall determine the appropriateness of and approve or
disapprove projects for funding and approve or disapprove the
disbursement of money from the save our sight fund. (E) The public health council shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement
this section. The rules shall include the parameters of the projects
specified in division (C)(1) of this section that may be funded with
money in the save our sight fund and procedures for 501(c)
organizations to
request funding from the fund.
Sec. 3737.22. (A) The fire marshal shall do all of the
following: (1) Adopt the state fire code under sections 3737.82 to
3737.86 of the Revised Code; (2) Enforce the state fire code; (3) Appoint assistant fire marshals who are authorized to
enforce the state fire code; (4) Conduct investigations into the cause, origin, and
circumstances of fires and explosions, and
assist in the
prosecution of persons
believed to be guilty of arson or a similar
crime; (5) Compile statistics concerning loss due to fire and
explosion as the fire marshal considers necessary, and
consider
the
compatibility of the fire marshal's system of compilation
with
the systems of
other state and federal agencies and fire marshals
of other
states; (6) Engage in research on the cause and prevention of
losses
due to fire and explosion; (7) Engage in public education and informational
activities
which will inform the public of fire safety
information; (8) Operate a fire training academy and
forensic
laboratory; (9) Conduct
other fire safety and fire fighting
training activities for the public and groups as will further the
cause of fire safety; (10)
Conduct licensing examinations, and issue permits,
licenses, and certificates, as
authorized
by the Revised Code; (11)
Conduct tests of fire protection systems and devices,
and fire fighting equipment to determine compliance with the
state
fire code, unless a building is insured against the hazard
of
fire, in which case
such
tests may be performed by the
company
insuring the building; (12) Establish and collect fees for
conducting licensing
examinations and for issuing permits,
licenses, and
certificates; (13) Make available for the prosecuting attorney and an
assistant prosecuting attorney from each county of this state, in
accordance with section 3737.331 of the Revised Code, a seminar
program, attendance at which is optional, that is designed to
provide current information, data, training, and techniques
relative to the prosecution of arson cases; (14) Administer and enforce Chapter 3743. of the Revised
Code; (15) Develop
a
uniform standard for the
reporting of information required to be
filed under
division
(E)(4) of section 2921.22 of the Revised
Code, and accept
the reports
of the information when they are filed. (B) The fire marshal shall appoint a chief deputy
fire
marshal, and
shall
employ professional and clerical
assistants as the fire
marshal
considers
necessary. The chief
deputy shall be a
competent former
or current member
of a fire
agency and possess
five years of
recent, progressively more
responsible experience in
fire
inspection, fire code enforcement,
and fire code management.
The chief deputy, with the approval
of the director of commerce, shall temporarily assume the duties
of the fire marshal when the fire marshal is absent or temporarily
unable to carry out the duties of the office. When there is a
vacancy in the office of fire marshal, the chief deputy, with the
approval of the director of commerce, shall temporarily assume the
duties of the fire marshal until a new fire marshal is appointed
under section 3737.21 of the Revised Code. All employees, other than
the fire marshal; the
chief
deputy
fire marshal; the
superintendent of the Ohio
fire
academy; the grants
administrator;
the fiscal officer; the
executive secretary to the
fire
marshal; legal counsel; the
pyrotechnics administrator, the chief of the forensic
laboratory;
the person appointed by the fire marshal to serve as
administrator
over functions concerning testing, license
examinations, and the
issuance of permits and certificates; and
the
chiefs
of
the
bureaus of fire prevention,
of fire and explosion
investigation, of code
enforcement, and
of underground storage
tanks shall
be
in the
classified civil
service. The fire
marshal
shall
authorize
the
chief deputy and other employees
under the
fire
marshal's
supervision to exercise powers
granted to the fire
marshal by law
as
may be necessary to carry out the duties of the
fire marshal's
office. (C) The fire marshal shall create, in and as a part of the
office of fire marshal,
a fire and explosion
investigation bureau consisting of a chief of
the bureau and
additional assistant fire marshals as the
fire marshal determines
necessary for the efficient
administration
of the bureau. The
chief shall be experienced in
the
investigation of the cause,
origin, and circumstances of
fires,
and in administration,
including the supervision of
subordinates.
The chief, among other
duties delegated to the
chief by
the fire
marshal, shall be
responsible, under the direction of
the fire
marshal, for the
investigation of the cause, origin, and
circumstances of
fires and explosions in the state, and for
assistance in the
prosecution of persons
believed to
be guilty of arson or a similar
crime. (D)(1) The fire
marshal shall create, as part of the office of
fire marshal, a
bureau of code enforcement consisting of a chief
of the bureau and
additional assistant fire marshals as the fire
marshal determines
necessary for the efficient administration of
the bureau. The
chief shall be qualified, by education or
experience, in fire
inspection, fire code development, fire code
enforcement, or any
other similar
field determined by the fire marshal, and in
administration,
including the supervision of subordinates. The
chief is
responsible, under the direction of the fire marshal, for
fire
inspection, fire code development, fire code enforcement,
and any
other duties delegated to the chief by the fire marshal. (2) The fire marshal,
the
chief deputy
fire marshal,
the
chief of the bureau of code
enforcement, or any assistant fire
marshal under the direction of
the fire marshal, the chief deputy fire marshal, or the chief of
the bureau of code enforcement
may
cause
to be
conducted
the inspection of
all buildings, structures,
and other
places, the
condition of
which may be dangerous from a
fire safety
standpoint to life or
property, or to property
adjacent
to
the buildings,
structures, or other places. (E) The fire marshal shall create, as a part of the office
of fire marshal, a bureau of fire prevention consisting of a
chief
of the bureau and
additional assistant fire marshals
as the
fire marshal determines necessary for the efficient
administration
of the bureau. The chief shall be qualified, by
education or
experience, to promote programs for rural and urban
fire
prevention and protection. The chief, among other duties
delegated to the chief by the fire marshal, is responsible,
under
the
direction of the fire marshal, for the promotion of rural and
urban fire prevention and protection through public information
and education programs. (F)
The fire marshal shall cooperate with the director of
job and family services when the director
adopts rules
under section 5104.052 of the Revised Code regarding
fire
prevention
and fire safety in certified type B family
day-care
homes, as
defined in section 5104.01 of the Revised Code,
recommend
procedures for inspecting type B homes to determine
whether they
are in compliance with those rules, and provide
training and
technical assistance to the director and county
directors of
job and family services on the procedures for
determining
compliance with
those rules. (G) The fire marshal, upon request of a provider of child
day-care care in a type B home that is not certified by the county
director of job and family services, as a precondition of
approval
by the
state board of education
under section 3313.813
of
the
Revised Code for receipt of United States department of
agriculture child and adult care food program funds established
under
the
"National School Lunch Act," 60 Stat. 230 (1946), 42
U.S.C. 1751,
as amended, shall inspect the type B home to
determine compliance
with rules
adopted
under section
5104.052 of the
Revised Code regarding fire
prevention and fire
safety in
certified type B homes. In
municipal corporations and
in
townships where there is a certified
fire safety inspector, the
inspections shall be made by that
inspector under the supervision
of the fire marshal, according to
rules
adopted under section 5104.052 of
the Revised Code. In townships outside
municipal corporations
where there is no certified fire safety
inspector, inspections
shall be made by the fire marshal.
Sec. 3742.01. As used in this chapter: (A)
"Board of health" means the board of health of a
city or
general health district or the authority having the
duties of a
board of health under section
3709.05 of the
Revised
Code.
(B) "Child day-care care facility" means each area of any of the
following in which child day-care care, as defined in section 5104.01
of the Revised Code, is provided to children under six years
of
age: (1) A child day-care center, type A family day-care home, or
type B family day-care home as defined in section 5104.01 of the
Revised Code;
(2) A type C family day-care home authorized to provide
child day-care care by Sub. H.B. 62 of the 121st general assembly, as
amended by Am. Sub. S.B. 160 of the 121st general assembly and
Sub. H.B. 407 of the 123rd general assembly; (3) A preschool program or school child program as defined
in section 3301.52 of the Revised Code. (C)
"Clearance examination"
means an examination to
determine
whether the lead hazards in a
residential unit, child day-care
care facility, or school have been
sufficiently controlled. A
clearance examination includes a visual
assessment, collection,
and analysis of environmental samples. (D) "Clearance technician" means a person, other than a
licensed lead inspector or licensed lead risk assessor, who
performs a
clearance examination. (E)
"Clinical laboratory" means a facility for the
biological, microbiological,
serological, chemical,
immunohematological, hematological,
biophysical, cytological,
pathological, or other examination of
substances derived from the
human body for the purpose of
providing information for the
diagnosis, prevention, or treatment
of any disease, or in the
assessment or impairment of the health
of human beings.
"Clinical laboratory" does not include a facility
that only
collects or prepares specimens, or serves as a mailing
service,
and does not perform testing. (F)
"Encapsulation" means
the coating and sealing of
surfaces with durable surface
coating specifically formulated to
be elastic, able to withstand
sharp and blunt impacts,
long-lasting, and resilient, while also
resistant to cracking,
peeling, algae, fungus, and ultraviolet
light, so as to prevent
any part of lead-containing paint from
becoming part of house dust
or otherwise accessible to children. (G)
"Enclosure" means the resurfacing or covering of
surfaces with durable materials such as wallboard or paneling,
and
the sealing or caulking of edges and joints, so as to prevent
or
control chalking, flaking, peeling, scaling, or loose
lead-containing substances from becoming part of house dust or
otherwise
accessible to children. (H)
"Environmental lead analytical laboratory" means a
facility that analyzes air, dust, soil, water, paint, film, or
other substances, other than substances derived from the human
body, for the presence and concentration of lead. (I)
"HEPA" means the designation given to a product,
device,
or system that has been equipped with a high-efficiency
particulate
air
filter, which is a filter capable of removing
particles of 0.3 microns or
larger from air at 99.97 per cent or
greater efficiency. (J) "Interim controls" means a set of measures designed to
reduce temporarily human exposure or likely human exposure to lead
hazards. Interim controls include specialized cleaning, repairs,
painting, temporary containment, ongoing lead hazard
maintenance
activities, and the establishment and operation of
management and
resident education programs.
(K)(1)
"Lead abatement" means a
measure or set of measures designed
for
the single purpose of permanently eliminating lead hazards. "Lead
abatement" includes all of the following: (a) Removal of
lead-based paint and lead-contaminated dust; (b) Permanent enclosure or encapsulation of lead-based
paint; (c) Replacement of
surfaces or
fixtures
painted with lead-based paint; (d) Removal or
permanent covering of lead-contaminated
soil; (e) Preparation, cleanup,
and disposal
activities associated with
lead abatement. (2)
"Lead abatement" does not
include any of the
following: (a) Preventive treatments performed pursuant to section
3742.41 of the Revised Code;
(b) Implementation of interim controls;
(c)
Activities performed by a property owner on a
residential unit to which both of the following
apply: (i) It is a freestanding single-family home used as the
property owner's private
residence. (ii) No child under six years of age who has lead poisoning
resides in the unit. (L)
"Lead abatement contractor" means any individual who
engages in or intends to engage in lead abatement and employs or
supervises one or more lead abatement workers, including on-site
supervision of lead abatement projects, or prepares
specifications, plans, or documents for a lead abatement project. (M)
"Lead abatement project" means one or more lead
abatement activities that are conducted by a lead abatement
contractor and are reasonably related to each other. (N)
"Lead abatement project designer" means a person who
is responsible for designing lead abatement projects and
preparing
a pre-abatement plan for all designed projects. (O)
"Lead abatement worker" means an individual who is
responsible in a nonsupervisory capacity for the performance of
lead abatement. (P)
"Lead-based paint" means any paint or other similar
surface-coating substance containing lead at or in excess of the
level that is hazardous to human health as established by rule of
the public health council
under section
3742.50 of the Revised Code. (Q)
"Lead-contaminated dust" means dust
that
contains an area or mass
concentration of
lead at
or in excess of the level that is hazardous to human
health as
established by rule of the public health council under
section
3742.50 of the Revised Code. (R)
"Lead-contaminated soil" means soil that contains
lead
at or in excess of the level that is hazardous to human
health as
established by rule of the public health council under
section
3742.50 of the Revised Code. (S)
"Lead hazard" means material that
is
likely to
cause lead exposure and
endanger an individual's
health as
determined by
the public health council in rules adopted under
section
3742.50 of the Revised Code.
"Lead hazard"
includes lead-based
paint,
lead-contaminated dust,
lead-contaminated soil, and
lead-contaminated water pipes. (T)
"Lead inspection" means a surface-by-surface
investigation to determine the presence of
lead-based paint.
The
inspection
shall use a sampling or testing technique approved
by
the public
health council in rules adopted by the council under
section
3742.03 of the Revised Code. A licensed lead inspector or
laboratory approved under section 3742.09 of the Revised Code
shall certify in writing the precise results of the inspection. (U)
"Lead inspector" means any individual who conducts a
lead inspection, provides professional advice regarding a lead
inspection, or prepares a report explaining the results of a lead
inspection. (V)
"Lead poisoning" means the level of lead in human
blood that is hazardous to human health, as specified in rules
adopted under section
3742.50 of the Revised Code. (W)
"Lead risk assessment" means an on-site investigation
to determine and report the existence, nature, severity, and
location of
lead hazards in
a
residential unit, child day-care care facility, or school,
including
information gathering
from the unit, facility, or school's current
owner's knowledge regarding the age and
painting history of the
unit, facility, or school and occupancy by children
under
six
years of age,
visual
inspection, limited wipe
sampling or other environmental
sampling
techniques,
and any other
activity as may be appropriate. (X)
"Lead risk assessor" means a person who is
responsible
for developing a written inspection, risk assessment,
and analysis
plan; conducting inspections for
lead hazards in
a
residential unit, child day-care care facility, or school;
interpreting results
of inspections and
risk assessments; identifying hazard control
strategies to reduce
or eliminate lead exposures; and completing a
risk assessment
report. (Y) "Lead-safe renovation" means the supervision or
performance of services for the general improvement of all or part
of an existing structure, including a residential unit, child
day-care care facility, or school, when the services are supervised or
performed by a lead-safe renovator.
(Z) "Lead-safe renovator" means a person who has
successfully completed a training program in lead-safe renovation
approved under section 3742.47 of the Revised Code. (AA)
"Manager" means a person, who may be the same person
as
the owner, responsible for the daily operation of a
residential unit, child day-care care facility, or school. (BB) "Permanent" means an expected design life of at
least twenty years. (CC)
"Replacement" means
an activity that
entails removing components such as windows, doors, and trim that
have
lead hazards on their surfaces and
installing
components free of
lead hazards.
(DD)
"Residential unit" means a dwelling or any part of a building
being used as an individual's private residence. (EE) "School" means a public or nonpublic school in which
children under six years of age receive education.
Sec. 3742.02. (A) No person shall do any of the
following: (1) Violate any provision of this chapter or the rules
adopted pursuant to it; (2) Apply or cause to be applied any lead-based paint on
or
inside
a residential unit, child day-care care facility,
or school, unless the public health
council
has
determined by rule
under section
3742.50 of
the
Revised Code that
no suitable
substitute exists; (3) Interfere with an
investigation conducted by
the
director
of health or a board of health in accordance with
section
3742.35 of the Revised Code. (B) No person shall knowingly authorize or employ
an
individual to perform lead abatement on a
residential
unit, child day-care care facility, or school unless
the
individual
who will perform the lead
abatement holds a valid
license
issued under section 3742.05 of
the Revised Code. (C)
No person shall do any of
the
following
when a residential unit, child day-care care facility, or
school is involved: (1) Perform a lead inspection
without a
valid lead inspector license
issued under
section
3742.05 of the Revised Code; (2) Perform a lead risk assessment
or provide professional
advice regarding lead abatement without a
valid lead risk assessor license
issued
under
section 3742.05 of the Revised Code; (3) Act as a lead abatement contractor
without a
valid lead abatement
contractor's
license
issued under section 3742.05 of the Revised
Code; (4) Act as a lead abatement project designer
without a
valid lead
abatement project designer license
issued under section 3742.05
of
the Revised Code; (5) Perform
lead
abatement
without a
valid lead abatement worker license
issued under
section
3742.05 of the Revised Code; (6) Effective one year after the effective date of this
amendment April 7, 2003, perform a clearance examination without a valid
clearance technician license issued under section 3742.05 of the
Revised Code, unless the person holds a valid lead inspector
license or valid lead risk assessor license issued under that
section;
(7) Perform lead training for the licensing purposes of this
chapter
without a valid approval from the director of health
under
section
3742.08 of the Revised Code; (8) Perform interim controls without complying with 24 C.F.R.
Part 35.
Sec. 3742.06.
All of the following apply to a
residential unit, child day-care care facility, or school: (A) No lead abatement contractor shall
provide lead testing
services or professional advice regarding
lead abatement unless
that
service or advice is provided by a
lead inspector or lead
risk
assessor who is licensed under
section 3742.05 of the Revised
Code
and is employed by the
lead abatement
contractor. (B) No person shall provide advice on the need for lead
abatement
and then
participate in
a
lead
abatement project
resulting from that advice
unless either of
the
following applies: (1) The person is employed as a member of the staff of the
owner or manager of the
property on which the lead
abatement is to be performed; (2) A written contract for lead abatement is entered into
that states both of the following: (a) The person was involved in the
lead testing, or in the provision of professional advice, that led
to
the lead abatement contract; (b) The party contracting for lead abatement services
should
obtain a second opinion to verify any
lead test results
and assure
that the proposed lead abatement
or project design is
appropriate. (C) No lead inspector, lead abatement contractor, lead
risk
assessor,
lead abatement project designer, or clearance
technician shall use the
services of an environmental
lead
analytical laboratory that has
not been approved by the
director
of health under section 3742.09
of the Revised Code. (D) No lead abatement worker shall perform lead abatement
without the on-site supervision of a licensed lead abatement
contractor.
(E) No person shall have lead-safe
renovation performed in
lieu
of having lead abatement performed on a property at which a
lead-poisoned child
under six years of age has been identified.
Sec. 3742.07.
(A) Prior to engaging in any lead abatement
project
on a residential unit, child day-care care facility, or school,
the lead abatement contractor
primarily responsible for
the
project shall do all of the
following: (1) Prepare a written respiratory protection plan that
meets requirements established by rule adopted under section
3742.03 of the Revised Code and make the plan available to the
department of health and all lead abatement workers at the
project
site; (2) Ensure that each lead abatement worker who is or will
be involved in a lead abatement project has been examined by a
licensed physician within the preceding calendar year and has
been
declared by
the physician to be physically capable of
working
while
wearing a respirator; (3) Ensure that each employee or agent who will come in
contact with lead hazards or will be responsible for a lead
abatement project receives a license and appropriate training as
required by this chapter before engaging in a lead abatement
project; (4) At least ten days prior to the commencement of a
project, notify the department of health, on a form prescribed by
the director
of health, of the date a lead abatement project will
commence. (B) During each lead abatement project, the lead abatement
contractor primarily responsible for the project shall ensure
that
all persons
involved in the project follow the
worker
protection
standards established
under 29 C.F.R. 1926.62 by
the
United
States
occupational safety and health administration.
Sec. 3742.071. All of the following apply in the performance
of activities by persons licensed under this chapter:
(A)
A lead risk assessor shall certify in writing the
precise
results
of a lead risk assessment and options for reducing
identified lead
hazards. (B) A clearance technician may perform a clearance
examination when the examination is in connection with activities
other than a lead abatement project. A clearance examination
performed in connection with a lead abatement project shall be
performed only by a lead inspector or lead risk assessor. (C) The director of health may issue an immediate
cease work
order to a person licensed under
this chapter if the director
determines
that the license holder is violating the terms or
conditions of
the license in a manner that endangers or materially
impairs the
health or well-being of an occupant of a residential
unit, child
day-care care facility, or school or a person employed to
perform lead abatement.
Sec. 3742.35.
When the director of
health
or a board of health authorized to enforce sections
3742.35 to 3742.40 of the Revised Code becomes aware that an
individual under six years of age has lead poisoning, the director
or board shall conduct an investigation to determine the source of
the lead poisoning. The director or board may conduct such an
investigation when the director or board becomes aware that an
individual six years of age or older has lead poisoning. The
director or board shall conduct the investigation in accordance
with rules adopted under section 3742.50 of the Revised Code. In conducting the investigation, the director or board may
request permission to enter the residential unit, child day-care
care facility, or school that the director or board reasonably suspects
to be the source of the lead poisoning. If the property is
occupied, the director or board shall ask the occupant for
permission. If the property is not occupied, the director or
board shall ask the property owner or manager for permission.
If
the occupant,
owner, or manager
fails or
refuses
to
permit entry, the
director or
board
may petition and obtain an order to
enter
the
property
from
a
court of
competent
jurisdiction in the
county
in which the
property is
located. As part of
the
investigation, the
director or
board
may review the records
and reports, if any, maintained
by a lead inspector, lead
abatement contractor, lead
risk assessor, lead abatement project
designer,
lead abatement
worker, or
clearance technician.
Sec. 3742.36. When the director of health or an
authorized
board of health determines pursuant to an
investigation conducted
under section 3742.35 of the
Revised
Code that a residential unit,
child day-care
care facility, or school is
a
possible source of the
child's lead poisoning, the
director or
board shall conduct a risk
assessment of that
property in accordance with rules adopted under
section 3742.50 of the
Revised
Code.
Sec. 3742.37. (A) If the results of a
risk assessment
conducted under section 3742.36 of the
Revised
Code indicate that
one or more lead
hazards identified in a residential unit, child
day-care care facility, or school are contributing
to a
child's lead
poisoning, the director of health or
authorized
board of health
immediately shall issue an order to
have each lead
hazard in the
property controlled. The areas of
the
unit, facility, or school
that may be subject to the lead hazard control
order
include the
following: (1) The interior and exterior surfaces and all common
areas
of the unit,
facility, or school; (2) Every attached or unattached structure located
within
the same lot line as the unit, facility, or school, including
garages, play
equipment, and fences; (3) The lot or land that the unit, facility, or school
occupies. (B) A lead hazard control order issued under this section
shall be in writing and in the form the director shall prescribe.
The director or board shall specify in the order each lead hazard
to be controlled and the date by which the unit, facility, or
school must pass a clearance examination demonstrating that each
lead hazard has been sufficiently controlled. The director or
board may include in the order a
requirement that occupants of the
unit, facility, or school whose
health may be threatened vacate
the unit, facility, or school
until the unit, facility, or school
passes the clearance
examination. The director or board shall have the order delivered to the
owner and manager of the unit, facility, or school. If the order
applies to a building in which there is more than one residential
unit, the
director or board shall have a copy of
the order
delivered to the occupants of each
unit or require that
the owner
or manager of the building deliver
a copy of the order
to the
occupants of each unit. If the order applies to a child
day-care
care facility or school, the director or board shall have a
copy of the
order delivered to the parent, guardian, or custodian
of each
child under six years of age who receives child day-care
care or
education at the facility or school or require the owner or
manager of the facility or school to have a copy of the order so
delivered.
Sec. 3742.38. The owner and manager of a residential unit,
child day-care care facility, or school that is subject to a lead
hazard control order issued under section 3742.37 of the Revised
Code shall cooperate with the director of health or board of
health that issued the order in controlling each lead hazard
specified in the order. The owner or manager shall choose a
method of controlling each lead hazard that enables the
residential unit, child day-care care facility, or school to pass a
clearance examination. The method chosen may be the owner or
manager's personal preference, a proposal made by a person under
contract with the owner or manager, or a recommendation that the
director or board may provide. The owner or manager shall inform
the director or board of the method that the owner or manager
chooses to control each lead hazard.
Sec. 3742.39. A residential unit, child day-care care facility, or
school remains subject to a lead hazard control order issued under
section 3742.37 of the Revised Code until the unit, facility, or
school passes a clearance examination. After the unit, facility,
or school passes the clearance examination, the director of health
or board of health that issued the order shall provide the owner
and manager of the unit, facility, or school with information on
methods of maintaining control of each lead hazard specified in
the order. In the case of a residential unit in which an
individual who is not the owner or manager resides, the director
or board also shall provide the information to the individual
residing in the unit.
Sec. 3742.40. If the owner and manager of a residential unit,
child day-care care facility, or school fails or refuses for any reason
to comply with a lead hazard control order issued under section
3742.37 of the Revised Code, the director of health or board of
health that issued the order shall issue an order prohibiting the
owner and manager from permitting the unit, facility, or school
to be used as a residential unit, child day-care care facility, or
school until the unit, facility, or school passes a clearance
examination. On receipt of the order, the owner or manager shall
take appropriate measures to notify each occupant, in the case of
a residential unit, and the parent, guardian, or custodian of each
child attending the facility or school, in the case of a child
day-care care facility or school, to vacate the unit, facility, or
school until the unit, facility, or school passes a clearance
examination. The director or board shall post a sign at the unit,
facility, or school that warns the public that the unit, facility,
or school has a lead hazard. The sign shall include a declaration
that the unit, facility, or school is unsafe for human occupation,
especially for children under six years of age and pregnant women.
The director or board shall ensure that the sign remains posted at
the unit, facility, or school and that the unit, facility, or
school is not used as a residential unit, child day-care care facility,
or school until the unit, facility, or school passes a clearance
examination.
Sec. 3742.41. (A) A property constructed before January 1,
1950, that is used as a residential unit, child day-care care facility,
or school shall be legally presumed not to contain a lead hazard
and not to be the source of the lead poisoning of an individual
who
resides in the unit or receives child day-care care or education at
the
facility or school if the owner or manager of the unit,
facility,
or school successfully completes both of the following
preventive
treatments: (1) Follows the essential maintenance practices specified in
section 3742.42 of the Revised Code for the control of lead
hazards; (2) Covers all rough, pitted, or porous horizontal surfaces
of the inhabited or occupied areas within the unit,
facility, or
school with a
smooth, cleanable covering or coating, such as
metal coil stock,
plastic, polyurethane, carpet, or linoleum. (B) The owner or manager of a residential unit, child
day-care care facility, or school has successfully completed the
preventive treatments specified in division (A) of this section if
the unit, facility, or school passes a clearance examination in
accordance with standards for passage established by rules adopted
under section 3742.49 of the Revised Code. (C) The legal presumption established under this
section is
rebuttable in
a court of law only on a
showing
of clear and
convincing
evidence to the contrary.
Sec. 3742.42. (A) In completing the essential maintenance
practices portion of the preventive treatments specified in
section 3742.41 of the Revised Code, the owner or manager of a
residential unit, child day-care care facility,
or school shall do all
of the following: (1) Use only safe work practices, which
include compliance
with section 3742.44 of the
Revised
Code, to prevent the spread of
lead-contaminated dust; (2) Perform visual examinations for deteriorated paint,
underlying damage, and other
conditions that
may cause exposure to
lead; (3) Promptly and safely repair deteriorated paint or
other
building components that may cause exposure to lead and
eliminate
the cause of the deterioration; (4) Ask tenants in a residential unit, and parents,
guardians, and custodians of children in a child day-care care facility
or
school, to report concerns about potential
lead hazards
by
providing written notices to the tenants or parents, guardians,
and custodians or by posting notices in conspicuous locations; (5) Perform specialized cleaning
in accordance with section
3742.45 of the Revised Code
to control lead-contaminated dust; (6) Cover any bare soil on the property, except soil proven
not to be
lead-contaminated; (7) Maintain a record of essential maintenance practices
for
at least three years that
documents
all essential maintenance
practices; (8) Successfully complete a training program in essential
maintenance practices that has been approved under
section 3742.47
of the Revised Code. (B) The areas of a
residential unit, child day-care
care facility, or school that are subject to division
(A) of this
section include all of the
following: (1) The interior surfaces and all common
areas
of the unit,
facility, or school; (2) Every attached or unattached structure located within
the same lot line as the unit, facility, or school that the owner
or
manager considers
to be associated with the operation of the
unit, facility, or school, including
garages,
play equipment, and
fences; (3) The lot or land that the unit, facility, or school
occupies.
Sec. 3742.43. A person who implements the essential
maintenance
practices portion of the preventive treatments
specified in section 3742.41 of the Revised Code shall do all of
the following in the area of the
residential unit, child day-care
care facility, or school in which the
essential maintenance practices
are being performed: (A) Allow only persons performing the essential maintenance
practices access to the area; (B) Cover the area with six mil polyethylene plastic or its
equivalent; (C) Protect workers in a manner consistent with the
requirements a lead abatement contractor must meet pursuant to
division (B) of section 3742.07 of the
Revised Code; (D) Protect occupants' belongings by covering or removing
them from the area; (E) Wet down all painted surfaces before disturbing the
surfaces; (F) Wet down debris before sweeping or vacuuming.
Sec. 3742.45. (A)
Specialized cleaning methods used to
control lead-contaminated dust when implementing the
essential
maintenance practices portion of the
preventive treatments
specified in section 3742.41 of the Revised Code may include any
of the
following: (1) Cleaning potentially lead-contaminated surfaces with a
detergent; (2) Vacuuming potentially lead-contaminated surfaces with a
HEPA vacuum; (3) Covering potentially lead-contaminated soil. (B) A person who uses or
provides for others to use the
specialized cleaning methods specified in division (A) of this
section shall ensure that the
cleaning is
performed
as follows: (1) The common areas of a
building with more than one
residential unit
must undergo
specialized
cleaning at least
annually, including hallways,
stairways, laundry rooms,
recreational rooms, playgrounds,
boundary fences, and other
portions of the
building and its
surroundings that are generally
accessible to all
residents. (2) The interior of a residential unit that is vacated by
its occupants must
undergo
specialized cleaning before it may be
reoccupied. (3) A child day-care care facility or school must
undergo
specialized cleaning at least annually at a
time when children are
not
present at the facility or school. (4) In a residential unit, child day-care care facility, or
school, on completion of any maintenance or repair work that
disturbs surfaces suspected or known to be painted with lead-based
paint, the maintenance or repair work area must undergo
specialized cleaning if the area of the disturbed surfaces
suspected or known to be painted with lead-based paint totals more
than one of the following:
(a) Twenty square feet or two square meters on exterior
surfaces;
(b) Two square feet or two-tenths of one square meter in
any one interior room or space;
(c) Ten per cent of the total surface area on an interior
or exterior component with a small surface area, such as window
sills, baseboards, and trim.
Sec. 3742.48. Any person who supervises or performs services
for the general improvement of all or part of an existing
structure, including a residential unit, child day-care care facility,
or school, may undertake a training program in lead-safe
renovation approved under section 3742.47 of the Revised Code.
After successfully completing the program, the person may
represent to the public that the services are being supervised or
performed by a lead-safe renovator. Regardless of whether a
training program in lead-safe renovation has been completed, the
person is not subject to licensure under this chapter solely for
supervising or performing services for the general improvement of
all or part of an existing structure.
Sec. 5101.16. (A) As used in this section and sections
5101.161 and 5101.162 of the Revised Code: (1)
"Disability financial assistance" means the financial
assistance program established under Chapter 5115. of the Revised Code. (2)
"Disability medical assistance" means the medical assistance program established under Chapter 5115. of the Revised Code. (3) "Food stamps" means the program administered by the
department
of job and family services pursuant to section 5101.54
of
the Revised Code. (4)
"Medicaid" means the medical assistance program
established
by
Chapter 5111. of the Revised Code, excluding
transportation services provided
under that chapter. (5)
"Ohio works first" means the program established by
Chapter 5107. of the Revised Code. (6)
"Prevention, retention, and contingency" means the
program
established
by Chapter 5108. of the Revised Code. (7)
"Public assistance expenditures" means expenditures for
all
of the following: (a) Ohio works first; (b) County administration of
Ohio works first; (c) Prevention, retention, and contingency; (d) County administration of prevention, retention, and
contingency; (e) Disability financial assistance; (f) Disability medical assistance; (g) County administration of disability financial assistance; (h) County administration of disability medical assistance; (i) County administration of food stamps; (j) County administration of medicaid.
(8) "Title IV-A program" has the same meaning as in section 5101.80 of the Revised Code. (B) Each board of county commissioners shall pay the county
share of public
assistance expenditures
in
accordance with section
5101.161
of the Revised Code. Except as provided in division (C)
of this
section,
a county's share of public assistance
expenditures is the sum of
all of the
following for state fiscal
year
1998 and each state fiscal year thereafter: (1) The amount that is twenty-five per cent of the county's
total
expenditures
for disability financial assistance and disability medical assistance and county
administration of those programs during the state fiscal
year
ending in
the previous calendar year that the department of
job and
family services determines
are allowable. (2) The
amount that is ten per cent, or
other percentage
determined under division (D) of this
section, of the county's
total expenditures for county
administration of food stamps and
medicaid during the state fiscal year ending in
the
previous
calendar year that the department
determines are allowable, less
the amount of federal reimbursement credited to
the county under
division (E) of this section for the
state fiscal year ending in
the previous calendar year; (3) A percentage of the actual amount of the
county share of program and
administrative expenditures during
federal fiscal year 1994 for
assistance and services, other than
child day-care care, provided
under Titles IV-A and IV-F of
the
"Social
Security Act," 49 Stat.
620 (1935), 42 U.S.C. 301, as those titles
existed prior to the enactment of the
"Personal
Responsibility and
Work Opportunity
Reconciliation Act of 1996," 110 Stat.
2105.
The department of job and family services shall determine the actual amount of the county share from expenditure reports submitted to the United States department of health and human services. The percentage shall be the percentage established in rules adopted under division (F) of this section. (C)(1) If a county's share of public assistance
expenditures
determined under division (B) of
this section for a state fiscal
year exceeds one hundred ten
per cent of the county's share for
those expenditures for the
immediately preceding state fiscal
year, the department of job
and family services shall reduce the
county's share for expenditures under
divisions
(B)(1) and (2) of
this section so that the total of the county's
share for
expenditures under division (B) of this section equals one
hundred
ten per cent of the county's share of those
expenditures for the
immediately preceding state fiscal year. (2) A county's share of public assistance expenditures
determined under division (B) of this section may be increased
pursuant to a sanction under section 5101.24 of the Revised
Code. (D)(1) If the per capita tax duplicate of
a county is less
than the per capita tax duplicate of the state as a whole and
division (D)(2) of this section does not apply to the
county, the
percentage to be used
for the purpose of division (B)(2) of this
section is the
product of ten multiplied by a fraction of
which
the numerator is the per capita tax duplicate of the county
and
the denominator is the per capita tax duplicate of the state
as a
whole. The department of job and family services
shall
compute
the per capita tax duplicate for the state and for each
county by
dividing the tax duplicate for the most recent
available year by
the current estimate of population prepared by
the department of
development. (2) If the percentage of families in a county with an
annual
income of less than three thousand dollars is greater than
the
percentage of such families in the state and division
(D)(1) of
this section does not apply to the county,
the percentage to be
used for the
purpose of division (B)(2) of this section is the
product
of ten multiplied by a fraction of which the
numerator is
the percentage of families in the state with an
annual income of
less than three thousand dollars a year and the
denominator is the
percentage of such families in the county. The department
of job
and family services shall compute the percentage
of families with
an annual income of less than three thousand
dollars for the state
and for each
county by
multiplying the most recent estimate of
such families published
by the department of development, by a
fraction, the numerator of
which is the estimate of average annual
personal income published
by the bureau of economic analysis of
the United States
department of commerce for the year on which the
census estimate
is based and the denominator of which is the most
recent such
estimate published by the bureau. (3) If the per capita tax duplicate of
a county is less than
the per capita tax duplicate of the state as a
whole and the
percentage of families in the county with an annual income of
less
than three thousand dollars is greater than the percentage of such
families in the state,
the percentage to be used for the purpose
of division
(B)(2) of this section shall be determined as
follows: (a) Multiply ten by the fraction determined
under
division
(D)(1) of this section; (b) Multiply the product determined under
division
(D)(3)(a)
of this section
by the fraction determined under division
(D)(2)
of this section. (4) The department of job and family services shall
determine, for
each county,
the percentage to be used for the
purpose of division
(B)(2) of this section not later than the
first
day of July of the year preceding the state fiscal
year for
which the percentage is used. (E) The department of job and family services shall
credit
to
a county the amount of federal reimbursement the department
receives from the
United States departments of agriculture and
health and human
services for the county's expenditures for
administration of food stamps
and medicaid that the
department
determines are allowable administrative
expenditures. (F)(1) The director of job and
family services
shall adopt
rules in accordance
with section 111.15 of the
Revised Code
to
establish all of the following: (a) The method the department is to use to
change
a
county's
share of public assistance expenditures
determined under division
(B) of this section
as provided in division (C) of this
section; (b) The allocation methodology and formula the department
will
use to determine the amount of funds to credit to a county
under
this section; (c) The method the department will use to change the payment
of the county share of public assistance expenditures from a
calendar-year basis to a state fiscal year basis; (d) The percentage to be used for the purpose of division (B)(3) of this section, which shall meet both of the following requirements: (i) The percentage shall not be less than seventy-five per cent nor more than eighty-two per cent; (ii) The percentage shall not exceed the percentage that the state's qualified state expenditures is of the state's historic state expenditures as those terms are defined in 42 U.S.C. 609(a)(7). (e) Other procedures and requirements necessary to implement
this section.
(2) The director of job and family services may amend the rule adopted under division (F)(1)(d) of this section to modify the percentage on determination that the amount the general assembly appropriates for Title IV-A programs makes the modification necessary. The rule shall be adopted and amended as if an internal management rule and in consultation with the director of budget and management.
Sec. 5101.47. (A) The director of job and family services may
accept applications, determine eligibility, and perform related
administrative activities for one or more of the following: (1) The medicaid program established by Chapter 5111. of the
Revised Code; (2) The children's health
insurance program parts I and II
provided for under sections 5101.50 and 5101.51 of the Revised
Code; (3) Publicly funded child day-care care provided under Chapter 5104.
of the Revised Code; (4) Other programs the director determines are supportive of
children or families with at least one employed member. (B) If the director elects to accept applications, determine
eligibility, and perform related administrative activities for a program
specified in or pursuant to division (A) of this section,
both of the following apply: (1) An individual seeking services under the program may apply
for the program to the director or to the entity that state law
governing the program authorizes to accept applications for the
program. (2) The director is subject to federal and state law that
require, permit, or prohibit an action regarding accepting applications,
determining eligibility, and performing related administrative
activities for the program. (C) The director may adopt rules as necessary to implement this
section.
Sec. 5101.851. The department of job and family services
may establish a
statewide
program of kinship care navigators to
assist kinship
caregivers
who are seeking information regarding,
or assistance
obtaining,
services and benefits available at the
state and local
level that
address the needs of
those caregivers
residing in each
county.
The program shall provide
to kinship
caregivers
information and referral services and assistance
obtaining support
services
including the following: (A) Publicly funded child day-care care; (B) Respite care; (C) Training related to caring for special needs
children; (D) A toll-free telephone number that may be called to
obtain
basic information about the rights of, and services
available to,
kinship caregivers; (E) Legal services.
Sec. 5101.97. (A)(1) Not later than
the last
day of each July and January, the
department of job and family services shall complete a
report on the characteristics
of the
individuals who participate in or receive services through the
programs operated by the department and the outcomes of the
individuals' participation in or receipt of services through the
programs. The reports shall be for the six-month periods ending on the last days of June and December and shall include information on
the following: (a) Work activities, developmental activities, and alternative
work activities established under
sections 5107.40 to 5107.69 of the
Revised Code; (b) Programs of publicly funded child day-care care, as defined
in section 5104.01 of the Revised Code; (c) Child support enforcement programs; (d) Births to recipients of the medical assistance program
established under Chapter 5111. of the Revised Code. (2) The department shall submit the
reports required under division (A)(1) of this
section to the speaker and minority leader of the house of
representatives, the president and minority leader of the
senate, the legislative budget officer, the director of budget
and management, and each board of county commissioners. The
department shall provide copies of the reports to any person or
government entity on request. In designing the format for the reports, the department
shall consult with individuals, organizations, and government
entities interested in the programs operated by the department, so that
the reports are designed to enable the
general assembly and the public to evaluate the effectiveness
of the programs and identify any needs that the programs
are not meeting. (B) Whenever the
federal government requires that the department submit a report
on a program that is operated by the department or is otherwise
under the department's jurisdiction, the department shall
prepare and submit the report in accordance with the federal
requirements applicable to that report. To the extent possible,
the department may coordinate the preparation and submission of
a particular report with any other report, plan, or other
document required to be submitted to the federal government, as
well as with any report required to be submitted to the general
assembly. The reports required by the Personal
Responsibility and
Work Opportunity Reconciliation Act of
1996 (P.L. 104-193) may be submitted as an annual
summary.
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 job and family services to operate a
certified
type B family day-care home. (D)
"Border state child day-care care provider" means a child
day-care 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 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. (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
job and family
services pursuant to section 5104.11 of the Revised Code
to
receive public funds for providing child day-care care pursuant to this
chapter
and
any rules adopted under it. (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. (H)
"Child" includes an infant, toddler, preschool child,
or
school child. (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. (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. (K)
"Child day-care 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.
(L)
"Child day-care center" and
"center" mean any place
in
which child day-care care or publicly funded child day-care 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 care or publicly funded child
day-care 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 care, but
not publicly
funded child day-care care, if all of the
following apply: (a) An organized religious body
provides the child day-care care; (b) A parent, custodian, or guardian of at least one
child
receiving child day-care care is on the
premises and readily accessible
at all times; (c) The child day-care care is not provided for more than thirty
days
a year; (d) The child day-care care is provided only for preschool and
school
children. (M)
"Child day-care care resource and referral service
organization"
means a community-based nonprofit organization that
provides child day-care care
resource and referral services but not
child day-care care. (N)
"Child day-care care resource and referral services" means
all of the following services: (1) Maintenance of a uniform data base of all child
day-care 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 care; (3) Provision of timely referrals of available child
day-care care providers to families seeking child day-care care; (4) Recruitment of child day-care care providers; (5) Assistance in the development, conduct, and
dissemination of training
for child day-care care providers
and
provision of technical assistance to current and potential
child
day-care care providers, employers, and the community; (6) Collection and analysis of data on the supply of and
demand for child day-care care in the community; (7) Technical assistance concerning locally, state, and
federally funded
child day-care care and early childhood education
programs; (8) Stimulation of employer involvement in making child
day-care 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 care
providers; (10) Coordination of services among child day-care care resource
and referral
service organizations to assist in developing and
maintaining a statewide
system of child day-care care resource and
referral services if required by the
department of job and family
services; (11) Cooperation with the county department of job and
family services in encouraging the establishment of parent
cooperative
child day-care care centers and parent cooperative type
A
family day-care homes. (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. (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 care or
publicly funded child day-care care for children on a temporary,
irregular basis. (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. (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. (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. (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
sections 3301.31 to 3301.37 of the Revised Code. (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. (V)
"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. (W)
"Infant" means a child who is less than
eighteen months
of age. (X)
"In-home aide" means a person certified by a county
director of job and family services pursuant to section
5104.12 of
the Revised Code
to provide publicly funded child day-care care to a
child
in a child's own home pursuant to this chapter and any rules
adopted under it. (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. (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 job and family 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. (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. (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. (CC)
"Operate a child day camp" means to operate,
establish,
manage, conduct, or maintain a child day camp. (DD)
"Owner" includes a person, as defined in section
1.59
of the Revised Code, or government entity. (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. (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 care or
publicly funded child day-care care for no more than four hours a day
for any child. (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. (HH)
"Preschool child" means a child who is three years
old
or
older but is not a school child. (II)
"Protective day-care child care" means publicly funded child
day-care 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 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 job and
family services to be homeless, and are otherwise ineligible for
publicly
funded
child day-care care. (JJ)
"Publicly funded child day-care 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 funds available under the child care
block grant act, Title IV-A, and Title XX, distributed by the
department of job and family services.
(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. (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. (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 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. (NN)
"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)
"Title IV-A" means Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. (PP) "Title XX" means Title XX of the "Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. (QQ) "Toddler" means a child who is at least eighteen
months
of age but less than three years of age. (RR)
"Type A family day-care home" and
"type A home"
mean a
permanent residence of the administrator in which child day-care care
or publicly funded child day-care care is provided for seven to twelve
children at one time or a permanent residence of the
administrator
in which child day-care 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. (SS)
"Type B family day-care home" and
"type B home" mean
a
permanent residence of the provider in which child day-care 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. 5104.011. (A) The director of job and family services
shall
adopt rules pursuant to Chapter 119. of the Revised
Code
governing the operation of child day-care centers, including, but
not limited to, parent cooperative centers, part-time centers,
drop-in centers, and school child centers, which rules shall
reflect the various forms of child day-care care and the needs of
children receiving child day-care care or publicly funded child
day-care care and shall include
specific rules for school child day-care care centers that are
developed in consultation with the department of education. The
rules shall not require an existing school facility that is in
compliance with applicable building codes to undergo an
additional
building code inspection or to have structural
modifications. The
rules shall include the following: (1) Submission of a site plan and descriptive plan of
operation to demonstrate how the center proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application; (2) Standards for ensuring that the physical surroundings
of
the center are safe and sanitary including, but not limited
to,
the physical environment, the physical plant, and the
equipment of
the center; (3) Standards for the supervision, care, and discipline of
children receiving child day-care care or publicly funded child
day-care care in the center; (4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible. As used in this
division, "program" does not include instruction in religious or
moral doctrines, beliefs, or values that is conducted at child
day-care centers owned and operated by churches and does include
methods of disciplining children at child day-care centers. (5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations; (6) Methods for encouraging parental participation in the
center and methods for ensuring that the rights of children,
parents, and employees are protected and that responsibilities of
parents and employees are met; (7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the center
while under the care of a center employee; (8) Procedures for record keeping, organization, and
administration; (9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code; (10) Inspection procedures; (11) Procedures and standards for setting initial and
renewal license application fees; (12) Procedures for receiving, recording, and responding
to
complaints about centers; (13) Procedures for enforcing section 5104.04 of the
Revised
Code; (14) A standard requiring the inclusion, on and after July
1, 1987, of a current department of job and family services
toll-free
telephone number on each center provisional license or
license
which any person may use to report a suspected violation
by the
center of this chapter or rules adopted pursuant to
this
chapter; (15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention. Training requirements
for child
day-care centers adopted under this division shall be
consistent
with divisions (B)(6) and (C)(1) of this section. (16) Procedures to be used by licensees for checking the
references of potential employees of centers and procedures to be
used by the director for checking the references of applicants
for
licenses to operate centers; (17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child day-care care or
publicly funded
child day-care care in the center; (18) A procedure for reporting of injuries of children that occur at the center; (19) Any other procedures and standards necessary to carry
out this chapter. (B)(1) The child day-care center shall have, for each
child
for whom the center is licensed, at least thirty-five
square feet
of usable indoor floor space wall-to-wall regularly
available for
the child day-care care operation exclusive of any parts
of the
structure in which the care of children is prohibited by
law or by
rules adopted by the board of building standards. The
minimum of
thirty-five square feet of usable indoor floor space
shall not
include hallways, kitchens, storage areas, or any other
areas that
are not available for the care of children, as
determined by the
director, in meeting the space requirement of
this division, and
bathrooms shall be counted in determining
square footage only if
they are used exclusively by children
enrolled in the center,
except that the exclusion of hallways,
kitchens, storage areas,
bathrooms not used exclusively by
children enrolled in the center,
and any other areas not
available for the care of children from
the minimum of
thirty-five square feet of usable indoor floor
space shall not
apply to: (a) Centers licensed prior to or on September 1, 1986,
that
continue under licensure after that date; (b) Centers licensed prior to or on September 1, 1986,
that
are issued a new license after that date solely due to a
change of
ownership of the center. (2) The child day-care center shall have on the site a
safe
outdoor play space which is enclosed by a fence or otherwise
protected from traffic or other hazards. The play space shall
contain not less than sixty square feet per child using such
space
at any one time, and shall provide an opportunity for
supervised
outdoor play each day in suitable weather. The
director may
exempt a center from the requirement of this
division, if an
outdoor play space is not available and if all of
the following
are met: (a) The center provides an indoor recreation area that has
not less than sixty square feet per child using the space at any
one time, that has a minimum of one thousand four hundred forty
square feet of space, and that is separate from the indoor space
required under division (B)(1) of this section. (b) The director has determined that there is regularly
available and scheduled for use a conveniently accessible and
safe
park, playground, or similar outdoor play area for play or
recreation. (c) The children are closely supervised during play and
while traveling to and from the area. The director also shall exempt from the requirement of this
division a child day-care center that was licensed prior to
September 1, 1986, if the center received approval from the
director prior to September 1, 1986, to use a park, playground,
or
similar area, not connected with the center, for play or
recreation in lieu of the outdoor space requirements of this
section and if the children are closely supervised both during
play and while traveling to and from the area and except if the
director determines upon investigation and inspection pursuant to
section 5104.04 of the Revised Code and rules
adopted
pursuant to
that section that the park, playground, or similar
area, as well
as access to and from the area, is unsafe for the
children. (3) The child day-care center shall have at least two
responsible adults available on the premises at all times when
seven or more children are in the center. The center shall
organize the children in the center in small groups, shall
provide
child-care staff to give continuity of care and
supervision to the
children on a day-by-day basis, and shall
ensure that no child is
left alone or unsupervised. Except as
otherwise provided in
division (E) of this section, the maximum
number of children per
child-care staff member and maximum group
size, by age category of
children, are as follows:
| | Maximum Number of | | |
| | Children Per | | Maximum |
Age Category | | Child-Care | | Group |
of Children | | Staff Member | | Size |
(a) Infants: | | | | |
(i) Less than twelve | | | | |
months old | | 5:1, or | | |
| | 12:2 if two | | |
| | child-care | | |
| | staff members | | |
| | are in the room | | 12 |
(ii) At least twelve | | | | |
months old, but | | | | |
less than eighteen | | | | |
months old | | 6:1 | | 12 |
(b) Toddlers: | | | | |
(i) At least eighteen | | | | |
months old, but | | | | |
less than thirty | | | | |
months old | | 7:1 | | 14 |
(ii) At least thirty months | | | | |
old, but less than | | | | |
three years old | | 8:1 | | 16 |
(c) Preschool | | | | |
children: | | | | |
(i) Three years old | | 12:1 | | 24 |
(ii) Four years old and | | | | |
five years old who | | | | |
are not school | | | | |
children | | 14:1 | | 28 |
(d) School children: | | | | |
(i) A child who is | | | | |
enrolled in or is
| | | | |
eligible to be | | | | |
enrolled in a grade
| | | | |
of kindergarten | | | | |
or above, but | | | | |
is less than
| | | | |
eleven years
old | | 18:1 | | 36 |
(ii) Eleven through fourteen | | | | |
years old | | 20:1 | | 40 |
Except as otherwise provided in division (E) of this
section,
the maximum number of children per child-care staff
member and
maximum group size requirements of the younger age
group shall
apply when age groups are combined. (4)(a) The child day-care center administrator shall show
the director both of the following: (i) Evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state; (ii) Evidence of having completed at least two years of
training in an accredited college, university, or technical
college, including courses in child development or early
childhood
education, or at least two years of experience in
supervising and
giving daily care to children attending an
organized group
program. (b) In addition to the requirements of division (B)(4)(a)
of
this section, any administrator employed or designated on or
after
September 1, 1986, shall show evidence of, and any
administrator
employed or designated prior to September 1, 1986,
shall show
evidence within six years after such date of, at least
one of the
following: (i) Two years of experience working as a child-care staff
member in a center and at least four courses in child development
or early childhood education from an accredited college,
university, or technical college, except that a person who has
two
years of experience working as a child-care staff member in a
particular center and who has been promoted to or designated as
administrator of that center shall have one year from the time
the
person was promoted to or designated as administrator to complete
the required four courses; (ii) Two years of training, including at least four
courses
in child development or early childhood education from an
accredited college, university, or technical college; (iii) A child development associate credential issued by
the
national child development associate credentialing
commission; (iv) An associate or higher degree in child development or
early childhood education from an accredited college, technical
college, or university, or a license designated for teaching in an
associate
teaching position in a preschool setting issued by the
state
board of education. (5) All child-care staff members of a child day-care
center
shall be at least eighteen years of age, and shall furnish
the
director evidence of at least high school graduation or
certification of high school equivalency by the state board of
education or the appropriate agency of another state or evidence
of completion of a training program approved by the department of
job and
family services or state board of education, except as
follows: (a) A child-care staff member may be less than eighteen
years of age if the staff member is either of the following: (i) A graduate of a two-year vocational child-care
training
program approved by the state board of education; (ii) A student enrolled in the second year of a vocational
child-care training program approved by the state board of
education which leads to high school graduation, provided that
the
student performs the student's duties in the child
day-care center
under the continuous supervision of an experienced child-care
staff member, receives periodic supervision from the vocational
child-care training program teacher-coordinator in the
student's
high school, and meets all other requirements of this chapter
and
rules adopted pursuant to this chapter. (b) A child-care staff member shall be exempt from the
educational requirements of this division if the staff
member: (i) Prior to January 1, 1972, was employed or designated
by
a child day-care center and has been continuously employed
since
either by the same child day-care center employer or at the
same
child day-care center; or (ii) Is a student enrolled in the second year of a
vocational child-care training program approved by the state
board
of education which leads to high school graduation,
provided that
the student performs the student's duties in
the child day-care
center under the continuous supervision of an
experienced
child-care staff member, receives periodic
supervision from the
vocational child-care training program
teacher-coordinator in the
student's high school, and meets
all other requirements of this
chapter and rules
adopted pursuant to this
chapter. (6) Every child day-care care staff member of a child day-care
center annually shall complete fifteen hours of inservice
training
in child development or early childhood education, child
abuse
recognition and prevention, first aid, and in prevention,
recognition, and management of communicable diseases, until a
total of forty-five hours of training has been completed, unless
the staff member furnishes one of the following to the
director: (a) Evidence of an associate or higher degree in child
development or early childhood education from an accredited
college, university, or technical college; (b) A license designated for teaching in an associate
teaching position in a
preschool setting issued by the state board
of education; (c) Evidence of a child development associate credential; (d) Evidence of a preprimary credential from the American
Montessori society or the association Montessori international.
For the purposes of division (B)(6) of this section, "hour" means
sixty minutes. (7) The administrator of each child day-care center shall
prepare at least once annually and for each group of children at
the center a roster of names and telephone numbers of parents,
custodians, or guardians of each group of children attending the
center and upon request shall furnish the roster for each group
to
the parents, custodians, or guardians of the children in that
group. The administrator may prepare a roster of names and
telephone numbers of all parents, custodians, or guardians of
children attending the center and upon request shall furnish the
roster to the parents, custodians, or guardians of the children
who attend the center. The administrator shall not include in
any
roster the name or telephone number of any parent, custodian,
or
guardian who requests the administrator not to include the
parent's, custodian's, or guardian's name or number and shall not
furnish
any roster to any person other than a parent, custodian,
or guardian of a
child who attends the center. (C)(1) Each child day-care center shall have on the center
premises and readily available at all times at least one
child-care staff member who has completed a course in first aid
and in prevention, recognition, and management of communicable
diseases which is approved by the state department of health and
a
staff member who has completed a course in child abuse
recognition
and prevention training which is approved by the
department of job
and family services. (2) The administrator of each child day-care center shall
maintain enrollment, health, and attendance records for all
children attending the center and health and employment records
for all center employees. The records shall be confidential,
except as otherwise provided in division (B)(7) of this section
and except that they shall be disclosed by the administrator to
the director upon request for the purpose of administering and
enforcing this chapter and rules adopted pursuant to this
chapter.
Neither the center nor the licensee, administrator, or
employees
of the center shall be civilly or criminally liable in
damages or
otherwise for records disclosed to the director by the
administrator pursuant to this division. It shall be a defense
to
any civil or criminal charge based upon records disclosed by
the
administrator to the director that the records were disclosed
pursuant to this division. (3)(a) Any parent who is the residential parent and legal
custodian of a child enrolled in a child day-care center and any
custodian or guardian of such a child shall be permitted
unlimited
access to the center during its hours of operation for
the
purposes of contacting their children, evaluating the care
provided by the center, evaluating the premises of the center, or
for other purposes approved by the director. A parent of a child
enrolled in a child day-care center who is not the child's
residential parent shall be permitted unlimited access to the
center during its hours of operation for those purposes under the
same terms and conditions under which the residential parent of
that child is permitted access to the center for those purposes.
However, the access of the parent who is not the residential
parent is subject to any agreement between the parents and, to
the
extent described in division (C)(3)(b) of this section, is
subject
to any terms and conditions limiting the right of access
of the
parent who is not the residential parent, as described in
division
(I) of section 3109.051 of the Revised Code, that are
contained in
a parenting time order or decree issued
under that
section,
section 3109.12 of the Revised Code, or any
other provision of
the Revised Code. (b) If a parent who is the residential parent of a child
has
presented the administrator or the administrator's
designee with a
copy of a
parenting time order that limits the terms and
conditions under which
the parent who is not the residential
parent is to have access to
the center, as described in division
(I) of section 3109.051 of
the Revised Code, the parent who is not
the residential parent
shall be provided access to the center only
to the extent
authorized in the order. If the residential parent
has presented
such an order, the parent who is not the residential
parent shall
be permitted access to the center only in accordance
with the
most recent order that has been presented to the
administrator or
the administrator's designee by the residential
parent or
the parent who is not the residential parent. (c) Upon entering the premises pursuant to division
(C)(3)(a) or (b) of this section, the parent who is the
residential parent and legal custodian, the parent who is not the
residential parent, or the custodian or guardian shall notify the
administrator or the administrator's designee of
the parent's,
custodian's, or guardian's presence. (D) The director of job and family services, in addition to
the
rules adopted under division (A) of this section, shall adopt
rules establishing minimum requirements for child day-care
centers. The rules shall include, but not be limited to, the
requirements set forth in divisions (B) and (C) of this section.
Except as provided in section 5104.07 of the Revised Code, the
rules shall not change the square footage requirements of
division
(B)(1) or (2) of this section; the maximum number of
children per
child-care staff member and maximum group size
requirements of
division (B)(3) of this section; the educational
and experience
requirements of division (B)(4) of this section;
the age,
educational, and experience requirements of division
(B)(5) of
this section; the number of inservice training hours
required
under division (B)(6) of this section; or the
requirement for at
least annual preparation of a roster for each
group of children of
names and telephone numbers of parents,
custodians, or guardians
of each group of children attending the
center that must be
furnished upon request to any parent,
custodian, or guardian of
any child in that group required under
division (B)(7) of this
section; however, the rules shall provide
procedures for
determining compliance with those requirements. (E)(1) When age groups are combined, the maximum number of
children per child-care staff member shall be determined by the
age of the youngest child in the group, except that when no more
than one child thirty months of age or older receives services in
a group in which all the other children are in the next older age
group, the maximum number of children per child-care staff member
and maximum group size requirements of the older age group
established under division (B)(3) of this section shall apply. (2) The maximum number of toddlers or preschool
children per
child-care staff member in a room where children are napping
shall
be twice the maximum number of children per child-care
staff
member established under division (B)(3) of this section if
all
the following criteria are met: (a) At least one child-care staff member is present in the
room. (b) Sufficient child-care staff members are on the child
day-care center premises to meet the maximum number of children
per child-care staff member requirements established under
division (B)(3) of this section. (c) Naptime preparations are complete and all napping
children are resting or sleeping on cots. (d) The maximum number established under division (E)(2)
of
this section is in effect for no more than one and one-half
hours
during a twenty-four-hour day. (F) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
operation of type A family day-care homes, including, but not
limited to, parent cooperative type A homes, part-time type A
homes, drop-in type A homes, and school child type A homes, which
shall reflect the various forms of child day-care care and the needs
of
children receiving child day-care care. The rules shall include
the
following: (1) Submission of a site plan and descriptive plan of
operation to demonstrate how the type A home proposes to meet the
requirements of this chapter and rules adopted
pursuant to
this
chapter for the initial license application; (2) Standards for ensuring that the physical surroundings
of
the type A home are safe and sanitary, including, but not
limited
to, the physical environment, the physical plant, and the
equipment of the type A home; (3) Standards for the supervision, care, and discipline of
children receiving child day-care care or publicly funded child
day-care care in the type A home; (4) Standards for a program of activities, and for play
equipment, materials, and supplies, to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (5) Admissions policies and procedures, health care
policies
and procedures, including, but not limited to,
procedures for the
isolation of children with communicable
diseases, first aid and
emergency procedures, procedures for
discipline and supervision of
children, standards for the
provision of nutritious meals and
snacks, and procedures for
screening children and employees,
including, but not limited to,
any necessary physical examinations
and immunizations; (6) Methods for encouraging parental participation in the
type A home and methods for ensuring that the rights of children,
parents, and employees are protected and that the
responsibilities
of parents and employees are met; (7) Procedures for ensuring the safety and adequate
supervision of children traveling off the premises of the type A
home while under the care of a type A home employee; (8) Procedures for record keeping, organization, and
administration; (9) Procedures for issuing, renewing, denying, and
revoking
a license that are not otherwise provided for in Chapter
119. of
the Revised Code; (10) Inspection procedures; (11) Procedures and standards for setting initial and
renewal license application fees; (12) Procedures for receiving, recording, and responding
to
complaints about type A homes; (13) Procedures for enforcing section 5104.04 of the
Revised
Code; (14) A standard requiring the inclusion, on or after July
1,
1987, of a current department of job and family services toll-free
telephone number on each type A home provisional license or
license which any person may use to report a suspected violation
by the type A home of this chapter or rules adopted
pursuant
this
chapter;
(15) Requirements for the training of administrators and
child-care staff members in first aid, in prevention,
recognition,
and management of communicable diseases, and in
child abuse
recognition and prevention; (16) Procedures to be used by licensees for checking the
references of potential employees of type A homes and procedures
to be used by the director for checking the references of
applicants for licenses to operate type A homes; (17) Standards providing for the special needs of children
who are handicapped or who require treatment for health
conditions
while the child is receiving child day-care care or
publicly funded
child day-care care in the type A home; (18) Standards for the maximum number of children per
child-care staff member; (19) Requirements for the amount of usable indoor floor
space for each child; (20) Requirements for safe outdoor play space; (21) Qualifications and training requirements for
administrators and for child-care staff members; (22) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type A home during its hours of operation; (23) Standards for the preparation and distribution of a
roster of parents, custodians, and guardians; (24) Any other procedures and standards necessary to carry
out this chapter. (G) The director of job and family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code governing the
certification of type B family day-care homes.
(1) The rules shall
include procedures, standards, and other
necessary provisions for
granting limited certification to type B
family day-care homes
that are operated by the following adult
providers: (a) Persons who provide child day-care care
for eligible children
who are great-grandchildren, grandchildren,
nieces, nephews, or
siblings of the provider or for eligible
children whose caretaker
parent is a grandchild, child, niece,
nephew, or sibling of the
provider; (b) Persons who provide child day-care care for eligible children
all of whom are the children of the same caretaker parent. The rules shall require, and
shall include procedures for the
director to ensure, that type B
family day-care homes that receive
a limited certification
provide child day-care care to children in a
safe and sanitary manner.
With regard to providers who apply for
limited certification, a
provider shall be granted a provisional
limited certification on
signing a declaration under oath
attesting that the provider
meets the standards for limited
certification. Such provisional limited
certifications shall
remain in effect for no more than sixty
calendar days and shall
entitle the provider to offer publicly
funded child day-care care
during the provisional period. Except
as otherwise provided in
division (G)(1) of this section, section 5104.013 or 5104.09 of the Revised Code, or division (A)(2) of section 5104.11 of the Revised Code, prior
to
the expiration of the
provisional limited certificate, a county department of
job and
family services shall inspect the home and shall
grant limited
certification to the provider if the provider
meets the
requirements of this division. Limited certificates remain valid
for two years unless earlier revoked. Except as otherwise
provided in division (G)(1) of this section, providers operating
under limited certification shall be inspected annually. If a provider is
a person described in division (G)(1)(a) of
this
section or a person described in division (G)(1)(b)
of this
section who is a friend of the caretaker parent, the provider and
the caretaker parent may verify in writing to the county
department of
job and family services that minimum health and
safety
requirements are being met in the home. If Except as otherwise provided in section 5104.013 or 5104.09 or in division (A)(2) of section 5104.11 of the Revised Code, if such
verification is provided, the
county shall waive any inspection
and any criminal records check required by this chapter and grant
limited
certification to the provider. (2) The rules shall provide for safeguarding the health,
safety, and welfare of children receiving child day-care care or
publicly funded child day-care care in a certified type B home and
shall include the following: (a) Standards for ensuring that the type B home and the
physical surroundings of the type B home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment; (b) Standards for the supervision, care, and discipline of
children receiving child day-care care or publicly funded child
day-care care in the home; (c) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (d) Admission policies and procedures, health care, first
aid and emergency procedures, procedures for the care of sick
children, procedures for discipline and supervision of children,
nutritional standards, and procedures for screening children and
authorized providers, including, but not limited to, any
necessary
physical examinations and immunizations; (e) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and authorized
providers are protected and the responsibilities of parents and
authorized providers are met; (f) Standards for the safe transport of children when
under
the care of authorized providers; (g) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates; (h) Procedures for the inspection of type B family
day-care
homes that require, at a minimum, that each type B
family day-care
home be inspected prior to certification to
ensure that the home
is safe and sanitary; (i) Procedures for record keeping and evaluation; (j) Procedures for receiving, recording, and responding
to
complaints; (k) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving child day-care care or
publicly funded
child day-care care in the type B home; (l) Requirements for the amount of usable indoor floor
space
for each child; (m) Requirements for safe outdoor play space; (n) Qualification and training requirements for
authorized
providers; (o) Procedures for granting a parent who is the
residential
parent and legal custodian, or a custodian or
guardian access to
the type B home during its hours of operation; (p) Any other procedures and standards necessary to carry
out this chapter. (H) The director shall adopt rules pursuant to
Chapter 119.
of the Revised Code governing the certification of
in-home aides.
The rules shall include procedures, standards,
and other necessary
provisions for granting limited certification
to in-home aides who
provide child day-care care for eligible children
who are
great-grandchildren, grandchildren, nieces, nephews, or
siblings
of the in-home aide or for eligible children whose
caretaker
parent is a grandchild, child, niece, nephew, or
sibling of the
in-home aide. The rules shall require, and shall
include
procedures for the director to ensure, that in-home aides
that
receive a limited certification provide child day-care care to
children
in a safe and sanitary manner. The rules shall provide
for
safeguarding the health, safety, and welfare of children
receiving
publicly funded child day-care care in their own home and
shall include
the following: (1) Standards for ensuring that the child's home and the
physical surroundings of the child's home are safe and sanitary,
including, but not limited to, physical environment, physical
plant, and equipment; (2) Standards for the supervision, care, and discipline of
children receiving publicly funded child day-care care in their own
home; (3) Standards for a program of activities, and for play
equipment, materials, and supplies to enhance the development of
each child; however, any educational curricula, philosophies, and
methodologies that are developmentally appropriate and that
enhance the social, emotional, intellectual, and physical
development of each child shall be permissible; (4) Health care, first aid, and emergency procedures,
procedures for the care of sick children, procedures for
discipline and supervision of children, nutritional standards,
and
procedures for screening children and in-home aides,
including,
but not limited to, any necessary physical
examinations and
immunizations; (5) Methods of encouraging parental participation and
ensuring that the rights of children, parents, and in-home aides
are protected and the responsibilities of parents and in-home
aides are met; (6) Standards for the safe transport of children when
under
the care of in-home aides; (7) Procedures for issuing, renewing, denying, refusing to
renew, or revoking certificates; (8) Procedures for inspection of homes of children
receiving
publicly funded child day-care care in their own homes; (9) Procedures for record keeping and evaluation; (10) Procedures for receiving, recording, and responding
to
complaints; (11) Qualifications and training requirements for in-home
aides; (12) Standards providing for the special needs of children
who are handicapped or who receive treatment for health
conditions
while the child is receiving publicly funded child
day-care care in the
child's own home; (13) Any other procedures and standards necessary to carry
out this chapter. (I)
To the extent that any rules adopted for the purposes of
this section require a health care professional to perform a
physical examination, the rules shall include as a health care
professional a physician assistant, a clinical nurse specialist, a
certified nurse
practitioner, or a certified nurse-midwife. (J)(1) The director of job and family services shall do all of the following: (a) Send to each licensee notice of
proposed rules governing the licensure of child day-care centers and type A homes; (b) Give public notice of
hearings
regarding the
rules to each licensee at least thirty days prior to
the date of the public
hearing, in
accordance with section 119.03
of the Revised Code; (c) Prior to At least thirty days before the
effective date of a rule,
provide, in either paper or electronic form, a copy of the
adopted rule to each licensee. (2) The director shall do all of the following: (a) Send to each county director of job and family services a notice of proposed rules governing the certification of type B family homes and in-home aides that includes an internet web site address where the proposed rules can be viewed; (b) Give public notice of hearings regarding the proposed rules not less than thirty days in advance; (c) Provide to each county director of job and family services an electronic copy of each adopted rule at least forty-five days prior to the rule's effective date. (3) The county director of job and family services shall send
copies of
proposed rules to each authorized provider and in-home
aide and
shall give public notice of hearings regarding the rules
to each
authorized provider and in-home aide at least thirty days
prior
to the date of the public hearing, in accordance with
section
119.03 of the Revised Code. Prior to At least thirty days before the effective date
of a
rule, the county director of job and family services shall
provide, in either paper or electronic form, copies of the adopted rule to each authorized provider and
in-home
aide. (4) Additional copies of proposed and adopted rules shall be
made
available by the director of job and family services
to the public
on
request at no charge. (5) The director of job and family services shall recommend standards for imposing sanctions on persons and entities that are licensed or certified under this chapter and that violate any provision of this chapter. The standards shall be based on the scope and severity of the violations. The director shall provide copies of the recommendations to the governor, the speaker and minority leader of the house of representatives, and the president and minority leader of the senate and, on request, shall make copies available to the public. (6) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code that establish standards for the training of individuals whom any county department of job and family services employs, with whom any county department of job and family services contracts, or with whom the director of job and family services contracts, to inspect or investigate type B family day-care homes pursuant to section 5104.11 of the Revised Code. The department shall provide training in accordance with those standards for individuals in the categories described in this division. (K) The director of job and family services shall review
all
rules
adopted pursuant to this chapter at least once every
seven
years. (L) Notwithstanding any provision of the Revised Code,
the
director of job and family services shall not regulate in
any
way
under
this chapter or rules adopted pursuant to this
chapter,
instruction in religious or moral doctrines, beliefs, or values.
Sec. 5104.013. (A)(1) The director of job and family
services, as
part of the process of licensure of child day-care
centers and
type A family day-care homes, shall request the
superintendent of
the bureau of criminal identification and
investigation to
conduct a criminal records check with respect to
the following
persons: (a) Any owner, licensee, or administrator of a child
day-care center; (b) Any owner, licensee, or administrator of a type A
family
day-care home and any person eighteen years of age or
older who
resides in a type A family day-care
home. (2) The director of a county department of job and family
services, as part of the process of certification of type
B family
day-care
homes, shall request the superintendent of the bureau of
criminal
identification and investigation to conduct a criminal
records
check with respect to any authorized provider of a
certified
type B family day-care home and any person
eighteen
years of age
or older who resides in a certified type B
family
day-care home. (3) If the owner, licensee, administrator, or person eighteen years of age or older who is the subject of a criminal records check pursuant to division (A)(1) of this section, or the authorized provider or person eighteen years of age or older who is the subject of a criminal records check pursuant to division (A)(2) of this section, does not present proof that the owner, licensee, administrator, authorized provider, or person has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested or does not provide evidence that within that five-year period the superintendent of the bureau of criminal identification and investigation has requested information about the owner, licensee, administrator, authorized provider, or person from the federal bureau of investigation in a criminal records check, the director shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the owner, licensee, administrator, authorized provider, or person presents proof that the owner, licensee, administrator, authorized provider, or person has been a resident of this state for that five-year period, the director may request that the superintendent include information from the federal bureau of investigation in the criminal records check. (B) The director of job and family services or the
director
of a
county department of job and family services shall provide
to
each person
for whom a criminal records check is required under
this section
a copy of the form prescribed pursuant to division
(C)(1) of
section 109.572 of the Revised Code and a standard
impression
sheet to obtain fingerprint impressions prescribed
pursuant to
division (C)(2) of that section, obtain the completed
form and
impression sheet from that person, and forward the
completed form
and impression sheet to the superintendent of the
bureau of
criminal identification and investigation. (C) A person who receives pursuant to division (B) of
this
section a copy of the form and standard impression sheet
described
in that division and who is requested to complete the
form and
provide a set of fingerprint impressions shall complete
the form
or provide all the information necessary to complete the
form and
shall provide the impression sheet with the impressions
of the
person's fingerprints. If the person, upon request, fails to
provide the information necessary to complete the form or fails
to
provide impressions of the person's fingerprints, the director
may
consider the failure as a reason to deny licensure or
certification. (D)(1) Except as provided in rules adopted under division (G)
of this
section, the director of job and family services shall not
grant a license
to a child day-care center or type A family
day-care home and a
county director of job and family services
shall not
certify a type B
family day-care home if a person for
whom a criminal records
check was required in connection with the
center or home
previously has been convicted of or pleaded guilty
to any of the
following: (1)(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, a violation of
section
2905.04 as it existed prior to July 1, 1996, a violation of
section
2919.23 of the Revised Code that would have been a
violation of section
2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised
Code that
is not a minor drug possession offense, or felonious
sexual
penetration in violation of former section 2907.12 of the Revised
Code;
(2)(b) A violation of an existing or former law of this state,
any other
state, or the United States that is substantially
equivalent to
any of the offenses or violations described in
division (D)(1)(a) of
this section.
(2) In addition to the prohibition described in division (D)(1) of this section, and except as provided in rules adopted under division (G) of this section, the director shall not grant a license to a child day-care center or type A family day-care home and a county director shall not certify a type B family day-care home if an owner, licensee, or administrator of a child day-care center or type A family day-care home or an authorized provider of a certified type B family day-care home previously has been convicted of or pleaded guilty to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (D)(1) of this section, or a second violation of section 4511.19 of the Revised Code within five years of the date of application for licensure or certification.
(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses or violations described in division (D)(2)(a) of this section.
(E) Each child day-care center, type A family day-care
home,
and type B family day-care home shall pay to the bureau
of
criminal identification and investigation the fee prescribed
pursuant to division (C)(3) of section 109.572 of the Revised
Code
for each criminal records check conducted in accordance with
that
section upon a request made pursuant to division (A) of this
section. (F) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative, the director of job and family
services,
the director of a
county department of job and family services,
the center,
type A home, or
type B home involved, and any court,
hearing
officer, or other
necessary individual involved in a case
dealing with a denial of
licensure or certification related to the
criminal records check. (G) The director of job and
family services shall adopt
rules
pursuant to Chapter 119. of the Revised Code to implement
this
section, including rules specifying exceptions to the
prohibition
in division (D) of this section for persons who have
been
convicted of an offense listed in that division but who meet
standards in regard to rehabilitation set by the department. (H) As used in this section: (1)
"Criminal records check" has the same meaning as in
section
109.572 of the Revised Code. (2)
"Minor drug possession offense" has the same
meaning as
in section 2925.01 of the Revised Code.
Sec. 5104.015. (A) Except as otherwise provided in
division
(C) of this section, no child day-care center shall
permit any
person to smoke in any indoor or outdoor space that is
part of the
center. The administrator of a child day-care center shall post in
a
conspicuous place at the main entrance of the center a notice
stating that smoking is prohibited in any indoor or outdoor space
that is part of the center, except under the conditions described
in division (C) of this section. (B) Except as otherwise provided in division (C) of this
section, no type A family day-care home or certified type B
family
day-care home shall permit any person to smoke in any
indoor or
outdoor space that is part of the home during the hours
the home
is in operation. Smoking may be permitted during hours
other than
the hours of operation if the administrator or
authorized provider
of the home has provided to a parent,
custodian, or guardian of
each child receiving child day-care care at
the home notice that
smoking occurs or may occur at the home when
it is not in
operation. The administrator of a type A family day-care home or
authorized provider of a certified type B family day-care home
shall post in a conspicuous place at the main entrance of the
home
a notice specifying the hours the home is in operation and
stating
that smoking is prohibited during those hours in any
indoor or
outdoor space that is part of the home, except under the
conditions described in division (C) of this section. (C) A child day-care center, type A family day-care home,
or
certified type B family home may allow persons to smoke at the
center or home during its hours of operation if those persons
cannot be seen smoking by the children being cared for and if
they
smoke in either of the following: (1) An indoor area that is separately ventilated from the
rest of the center or home; (2) An outdoor area that is so far removed from the
children
being cared for that they cannot inhale any smoke. (D) The director of job and family services, in consultation
with the
director of
health, shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement the
requirements of
this section. These rules may prohibit smoking
in a child
day-care center, type A family day-care home, or
certified type B
family home if its design and structure do not
allow persons to
smoke under the conditions described in division
(C) of this
section or if repeated violations of division (A) or
(B) of this
section have occurred there.
Sec. 5104.02. (A) The director of job and family services
is
responsible for the licensing of child day-care centers and
type
A family day-care homes, and for the enforcement of this
chapter
and of rules promulgated pursuant to this chapter. No
person,
firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child day-care center
or
type A family day-care home without a license issued under
section
5104.03 of the Revised Code. The current license shall
be posted
in a conspicuous place in the center or type A home
that is
accessible to parents, custodians, or guardians and
employees of
the center or type A home at all times when the
center or type A
home is in operation. (B) A person, firm, institution, organization, or agency
operating any of the following programs is exempt from the
requirements of this chapter: (1) A program of child day-care care that operates for two or
less consecutive weeks; (2) Child day-care care in places of worship during religious
activities during which children are cared for while at least one
parent, guardian, or custodian of each child is participating in
such activities and is readily available; (3) Religious activities which do not provide child
day-care care; (4) Supervised training, instruction, or activities of
children in specific areas, including, but not limited to: art;
drama; dance; music; gymnastics, swimming, or another athletic
skill or sport; computers; or an educational subject conducted on
an organized or periodic basis no more than one day a week and
for
no more than six hours duration; (5) Programs in which the director determines that at
least
one parent, custodian, or guardian of each child is on the
premises of the facility offering child day-care care and is readily
accessible at all times, except that child day-care care provided on
the premises at which a parent, custodian, or guardian is employed
more
than two and one-half hours a day shall be licensed in
accordance with
division (A) of this section; (6)(a) Programs that provide child day-care care funded and
regulated or operated and regulated by state departments other
than the department of job and family services or the state board
of
education when the director of job and family services has
determined
that
the rules governing the program are equivalent to
or exceed the
rules promulgated pursuant to this chapter. Notwithstanding any exemption from regulation under this
chapter, each state department shall submit to the director of job
and
family services a copy of the rules that govern programs that
provide child day-care care and are regulated or operated and
regulated
by the department. Annually, each state department
shall submit
to the director a report for each such program it
regulates or
operates and regulates that includes the following
information: (i) The site location of the program; (ii) The maximum number of infants, toddlers, preschool
children, or school children served by the program at one time; (iii) The number of adults providing child day-care care for
the
number of infants, toddlers, preschool children, or school
children; (iv) Any changes in the rules made subsequent to the time
when the rules were initially submitted to the director. The director shall maintain a record of the child day-care care
information submitted by other state departments and shall
provide
this information upon request to the general assembly or
the
public. (b) Child day-care care programs conducted by boards of
education
or by chartered nonpublic schools that are conducted in
school
buildings and that provide child day-care care to school
children only
shall be exempt from meeting or exceeding rules
promulgated
pursuant to this chapter. (7) Any preschool program or school child program, except a head start program, that is
subject to licensure by the department of education under
sections
3301.52 to 3301.59 of the Revised Code. (8) Any program providing child day-care care that meets all of
the following requirements and, on October 20, 1987, was being
operated by a nonpublic school that holds a charter issued by the
state board of education for kindergarten only: (a) The nonpublic school has given the notice to the state
board and the director of job and family services required by
Section 4
of
Substitute House Bill No. 253 of the 117th general
assembly; (b) The nonpublic school continues to be chartered by the
state board for kindergarten, or receives and continues to hold a
charter from the state board for kindergarten through grade five; (c) The program is conducted in a school building; (d) The program is operated in accordance with rules
promulgated by the state board under sections 3301.52 to 3301.57
of the Revised Code. (9) A youth development program
operated outside of school
hours by a community-based center to
which all of the following
apply: (a) The children enrolled in the program are under
nineteen
years of age and enrolled in or eligible to be enrolled
in a grade
of kindergarten or above. (b) The program provides informal child care and
at least
two of the following supervised activities:
educational,
recreational, culturally enriching, social, and
personal
development activities. (c) The state board of education has approved the
program's
participation in the child and adult care food program
as an
outside-school-hours care center pursuant to standards established
under
section 3313.813 of the
Revised
Code. (d) The community-based center operating the
program is
exempt from federal income taxation pursuant to 26
U.S.C.
501(a)
and (c)(3).
Sec. 5104.03. (A) Any person, firm, organization,
institution, or agency desiring to establish a child day-care
center or type A family day-care home shall apply for a license
to
the director of job and family services on such form as the
director
prescribes. The director shall provide at no charge to
each
applicant for licensure a copy of the day-care child care license
requirements in Chapter 5104. of the Revised Code and of the
rules
adopted pursuant to Chapter 5104. of the
Revised Code. The
director shall mail application forms for renewal of
license
at
least one hundred twenty days prior to the date of expiration
of
the license, and the application for renewal shall be filed
with
the director at least sixty days before the date of
expiration.
Fees shall be set by the director pursuant to
section 5104.011 of
the Revised Code and shall be paid at the
time of application for
or renewal of a license to operate a
center or type A home. Fees
collected under this section shall
be paid into the state treasury
to the credit of the general
revenue fund. (B) Upon filing of the application for a license, the
director shall investigate and inspect the center or type A home
to determine the license capacity for each age category of
children of the center or type A home and to determine whether
the
center or type A home complies with Chapter 5104. of the
Revised
Code and rules adopted pursuant to Chapter
5104. of
the Revised
Code. When, after investigation and inspection, the
director is
satisfied that Chapter 5104. of the Revised Code and
rules adopted
pursuant to Chapter 5104. of the
Revised Code
are complied with, subject to division (G) of this section, a
provisional license shall be issued as soon
as practicable in such
form and manner as prescribed by the
director. The provisional
license shall be valid for six months
from the date of issuance
unless revoked. (C) The director shall investigate and inspect the center
or
type A home at least once during operation under the
provisional
license. If after the investigation and inspection
the director
determines that the requirements of Chapter 5104. of
the Revised
Code and rules adopted pursuant to
Chapter 5104.
of the Revised
Code are met, subject to division (G) of this section, the director shall issue a license
to be effective
for two years from the date of issuance of the
provisional
license. (D) Upon the filing of an application for renewal of a
license by the center or type A home, the director shall
investigate and inspect the center or type A home. If the
director determines that the requirements of Chapter 5104. and
rules adopted pursuant to Chapter 5104. of the
Revised Code
are
met, subject to division (G) of this section, the director shall renew the license to be effective for
two
years from the expiration date of the previous license. (E) The license or provisional license shall state the
name
of the licensee, the name of the administrator, the address
of the
center or type A home, and the license capacity for each
age
category of children. After July 1, 1987, the provisional
license
or license shall include thereon, in accordance with
section
5104.011 of the Revised Code, the toll-free telephone number to
be
used by persons suspecting that the center or type A home has
violated a provision of Chapter 5104., or rules
adopted pursuant
to Chapter 5104. of the Revised Code. A license or
provisional
license is valid only for the licensee,
administrator, address,
and license capacity for each age
category of children designated
on the license. The license capacity
specified on the license or
provisional license is the maximum number of
children in each age
category that may be cared for in the center or type
A home at one
time. The center or
type A home licensee shall notify the director
when the
administrator of the center or home changes. The
director shall
amend the current license or provisional license to
reflect a
change in an administrator, if the administrator meets
the
requirements of Chapter 5104. of the Revised Code and rules
adopted pursuant to Chapter 5104. of the Revised
Code, or a change
in license capacity for any age category of children as
determined
by the director of job and family services. (F) If the director revokes a license or refuses to renew
a
license to a center or a type A home, the director shall
not issue
a
license to the owner of the center or type A home within two
years from the date of the revocation of a license or refusal to
renew a license. If during the application for licensure or
renewal of licensure process the director determines that the
license of the owner has been revoked or renewal of licensure has
been denied, the investigation of the center or type A home shall
cease, and shall not constitute denial of the application. All
actions of the director with respect to licensing centers or type
A homes, renewing a license, refusal to license or renew a
license, and revocation of a license shall be in accordance with
Chapter 119. of the Revised Code. Any applicant who is denied a
license or any owner whose license is not renewed or is revoked
may appeal in accordance with section 119.12 of the Revised Code. (G) In no case shall the director issue a provisional license or license, or renew a license, under this section for a type A home or center if the director, based on documentation provided by the appropriate county department of job and family services, determines that the applicant previously had been certified as a type B family day-care home, that the county department revoked that certification, that the revocation was based on the applicant's refusal or inability to comply with the criteria for certification, and that the refusal or inability resulted in a risk to the health or safety of children.
Sec. 5104.04. (A) The department of job and family services
shall
establish procedures to be followed in investigating,
inspecting,
and licensing child day-care centers and type A family
day-care
homes. (B)(1)(a) The department shall, at least
twice during every
twelve-month period of operation of a
center or type A home,
inspect the center or type A home.
The department shall inspect a
part-time center or part-time type
A home at least once during
every twelve-month period of operation.
The department shall
provide a written
inspection report to the licensee within a
reasonable time after
each inspection. The licensee shall display
all written reports of
inspections conducted during the current
licensing period in a conspicuous
place in the center or type A
home. At least one inspection shall be unannounced and all
inspections may be
unannounced. No person, firm, organization,
institution, or agency shall interfere with the inspection of a
center or type A home by any state or local official
engaged in
performing duties required of the state or local official by
Chapter 5104. of the Revised
Code or rules adopted pursuant to
Chapter 5104. of
the Revised Code, including inspecting the center
or type A home,
reviewing records, or interviewing licensees,
employees,
children, or parents. (b) Upon receipt of any complaint that a center or type A home
is
out of compliance with the requirements of Chapter 5104. of
the
Revised Code or rules adopted pursuant to
Chapter 5104.
of the
Revised Code, the department shall investigate
and may inspect a the
center or type A home, and both of the following apply: (i) If the complaint alleges that a child suffered physical harm while receiving child care at the center or home or that the noncompliance alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving child care at the center or home, the department shall inspect the center or home.
(ii) If division (B)(1)(b)(i) of this section does not apply regarding the complaint, the department may inspect the center or home.
(c) Division (B)(1)(b) of this section does not limit, restrict, or negate any duty of the department to inspect a center or type A home that otherwise is imposed under this section, or any authority of the department to inspect a center or type A home that otherwise is granted under this section when the department believes the inspection is necessary and it is permitted under the grant.
(2) If the department implements an instrument-based program
monitoring information system, it may use an indicator checklist
to comply
with division (B)(1) of this section. (3) The department shall, at least once during every
twelve-month period
of operation of a center or type A home,
collect information
concerning the amounts charged by the center
or home for
providing child day-care care services for use in
establishing
reimbursement ceilings and payment pursuant to section 5104.30 of
the Revised Code. (C) In the event a licensed center or type A home is
determined to be out of compliance with the requirements of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
shall notify
the
licensee of the center or type A home in writing regarding
the
nature of the violation, what must be done to correct the
violation, and by what date the correction must be made. If the
correction is not made by the date established by the
department,
the department may commence action under
Chapter 119. of the
Revised Code to
revoke the license. (D) The department may deny or revoke a license, or
refuse
to renew a license of a center or type A home, if the applicant
knowingly makes a false statement on the application, does not
comply with the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised
Code, or has
pleaded
guilty to or been convicted of an offense described in
section
5104.09 of the Revised Code. (E) If the department finds, after notice and hearing
pursuant to Chapter 119. of the Revised Code, that any person,
firm, organization, institution, or agency licensed under section
5104.03 of the Revised Code is in violation of any provision of
Chapter 5104. of the Revised Code or rules adopted
pursuant
to
Chapter 5104. of the Revised Code, the department
may issue an
order of revocation to the center or type A home revoking the
license previously issued by the department. Upon the
issuance of
any order
of revocation, the person whose license is revoked may
appeal in
accordance with section 119.12 of the Revised Code. (F) The surrender of a center or type A home license to
the
department or the withdrawal of an application for
licensure by
the owner or administrator of the center or type A home shall not
prohibit the department from instituting any of the
actions set
forth in this section. (G) Whenever the department receives a complaint, is
advised, or otherwise has any reason to believe that a center or
type A home is providing child day-care care without a license issued
or renewed pursuant to section 5104.03 and is not exempt from
licensing pursuant to section 5104.02 of the Revised Code, the
department shall investigate the center or type A home and may
inspect the
areas children have access to or areas necessary for
the care of
children in the center or type A home during suspected
hours of
operation to determine whether the center or type A home
is
subject to the requirements of Chapter 5104. or rules
adopted
pursuant to Chapter 5104. of the Revised Code. (H) The department, upon determining that the center
or type
A home is operating without a license, shall notify the attorney
general, the prosecuting attorney of the county in which the
center or type A home is located, or the city attorney, village
solicitor, or other chief legal officer of the municipal
corporation in which the center or type A home is located, that
the center or type A home is operating without a license. Upon
receipt of the notification, the attorney general, prosecuting
attorney, city attorney, village solicitor, or other chief legal
officer of a municipal corporation shall file a complaint in the
court of common pleas of the county in which the center or type A
home is located requesting that the court grant an order
enjoining
the owner from operating the center or type A home in violation of section 5104.02 of the Revised Code.
The court
shall grant such injunctive relief upon a showing that
the
respondent named in the complaint is operating a center or
type A
home and is doing so without a license. (I) The department shall prepare an annual report on
inspections
conducted under this section. The report shall
include the number of
inspections conducted, the number and types
of violations found, and the steps
taken to address the
violations. The department shall file
the report with the
governor, the president and minority leader of the senate,
and the
speaker and minority leader of the house of representatives on or
before the first day of January of each year, beginning in 1999.
Sec. 5104.053. As a precondition of approval by the state board of education
pursuant to section 3313.813 of the Revised Code for receipt of United States
department of agriculture child and adult care food program funds
established under the
"National School Lunch Act," 60 Stat. 230 (1946), 42 U.S.C. 1751,
as amended,
the provider of child day-care care in a type B family day-care home
that is not
certified by the county director of human services shall request
an inspection
of the type B home by the fire marshal, who shall inspect the
type B home
pursuant to section 3737.22 of the Revised Code to determine that
it is in
compliance with rules established pursuant to section 5104.052 of the Revised
Code for certified type B homes.
Sec. 5104.06. (A) The director of job and family services
shall
provide
consultation,
technical assistance, and training to
child day-care centers and
type A family
day-care homes to improve
programs and facilities providing child
day-care care
including, but
not limited to, assistance in meeting the
requirements of
Chapter
5104. and rules adopted pursuant to Chapter 5104. of the
Revised
Code
and shall furnish information regarding child abuse
identification and
reporting of child abuse. (B) The director of job and family services shall provide
consultation and technical
assistance to county departments of job
and family
services to assist the departments with the
implementation of certification of
type B family day-care home
providers and in-home aides.
Sec. 5104.07. (A) The director of job and family
services
may
prescribe additional requirements for licensing child day-care
centers or type A family day-care homes that provide publicly
funded child day-care care pursuant to this chapter and any rules
adopted under it. The director shall develop standards as
required by federal laws and regulations for day-care child care programs
supported by federal funds. (B)(1) On or before February 28, 1992, the department of job
and family
services shall develop a statewide plan for child
day-care care
resource and referral services. The plan shall be based
upon the
experiences of other states with respect to child
day-care care
resource and referral services, the experiences of
communities in
this state that have child day-care care resource and
referral service
organizations, and the needs of communities in
this state that do
not have child day-care care resource and referral
service
organizations. The plan shall be designed to ensure that
child
day-care care resource and referral services are available in
each
county in the state to families who need child day-care care. The
department shall consider the special needs of migrant workers
when it develops the plan and shall include in the plan
procedures
designed to accommodate the needs of migrant workers. (2) The director of
job and family services shall adopt
rules for
funding child day-care care resource and referral service
organizations. The rules shall include all of the following: (a) A description of the services that a child day-care care
resource and referral service organization is required to provide
to families who need child day-care care; (b) The qualifications for a child day-care care resource and
referral service organization; (c) A description of the procedures for providing federal
and state funding for county or multicounty child day-care care
resource and referral service organizations; (d) A timetable for providing child day-care care resource and
referral services to all communities in the state; (e) Uniform information gathering and reporting procedures
that are designed to be used in compatible computer systems; (f) Procedures for establishing statewide nonprofit
technical assistance services to coordinate uniform data
collection and to publish reports on child day-care care supply,
demand, and cost and to provide technical assistance to
communities that do not have child day-care care resource and referral
service organizations and to existing child day-care care resource and
referral service organizations; (g) Requirements governing contracts entered into under
division (C) of this section, which may include limits on the
percentage of funds distributed by the department that may be
used
for the contracts. (C) Child day-care care resource and referral service
organizations receiving funds distributed by the department may,
in accordance with rules adopted under division (B)(2) of this
section, enter into contracts with local governmental entities,
nonprofit organizations including nonprofit organizations that
provide child day-care care, and individuals under which the entities,
organizations, or individuals may provide child day-care care resource
and referral services in the community with those funds, if the
contracts are submitted to and approved by the department prior
to
execution.
Sec. 5104.08. (A) There is hereby created in the department of
job and family services a day-care child care advisory council to
advise and
assist
the department in the administration of this chapter and in
the
development of child day-care care. The council shall consist of
eighteen twenty-two voting members appointed by the director of job and
family
services with the approval of the governor. The director of
job
and family services, the director of mental retardation and developmental disabilities, the director of mental health, 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 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 care or publicly funded child
day-care care in the child's own home, a center, a type A home,
a head start program, a certified
type B home, or a 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 six members shall represent county
departments of job and
family 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, head start program, 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 Appointments shall be for three-year terms. Vacancies shall be
filled for the unexpired terms. A member of the council is subject to removal by the director of job and family services for a willful and flagrant exercise of authority or power that is not authorized by law, for a refusal or willful neglect to perform any official duty as a member of the council imposed by law, or for being guilty of misfeasance, malfeasance, nonfeasance, or gross neglect of duty as a member of the council.
There shall be two co-chairpersons of the council. One co-chairperson shall be the director of job and family services or the director's designee, and one co-chairperson shall be elected by the members of the council. The council shall meet as often as is necessary to perform its duties, provided that it shall meet at least once in each quarter of each calendar year and at the call of the co-chairpersons. The co-chairpersons or their designee shall send to each member a written notice of the date, time, and place of each meeting.
Members of the council shall serve without compensation, but shall be reimbursed for necessary expenses.
(B) The child care advisory 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 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 the regulation program and
border state child day-care
providers. Copies to the director of job and family services that addresses the availability, affordability, accessibility, and quality of child care and that summarizes the recommendations and plans of action that the council has proposed to the director during the preceding fiscal year. The director of job and family services shall provide 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 shall make copies available to the public. Members of the council shall serve without compensation but
shall be reimbursed for necessary expenses.
(C) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section.
Sec. 5104.081. The department of job and family services
shall
employ at least one senior-level, full-time employee who
shall
manage and oversee all child day-care care functions under the
authority of the
department.
Sec. 5104.09. (A)(1) No Except as provided in rules adopted pursuant to division (D) of this section: (a) No individual who has been convicted
of or pleaded guilty to a violation of section 2903.01, 2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,
2903.22, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2905.11,
2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08,
2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31,
2907.32,
2907.321, 2907.322, 2907.323, 2909.02, 2909.03, 2909.04,
2909.05,
2911.01, 2911.02, 2911.11, 2911.12, 2917.01, 2917.02,
2917.03,
2917.31, 2919.12, 2919.24, 2919.25, 2921.03, 2921.34,
2921.35,
2923.12, 2923.13, 2923.161, 2919.22, 2925.02,
2925.03, 2925.04,
2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, as defined in section 2925.01 of the Revised
Code, felonious sexual penetration in violation of former section
2907.12
of the Revised Code, or a violation of an existing or
former
law or ordinance of any municipal corporation, this state,
any other
state, or the United States that is substantially
equivalent to
any of those violations shall be certified as an
in-home aide or be
employed in any capacity in or own or operate a
child day-care
center, type A family day-care home, type B family
day-care home,
or certified type B family day-care home. (b) No individual who has been convicted of or pleaded guilty to a violation of section 2913.02, 2913.03, 2913.04, 2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, 2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, 2921.13, or 2923.01 of the Revised Code, a violation of section 2923.02 or 2923.03 of the Revised Code that relates to a crime specified in this division or division (A)(1)(a) of this section, a second violation of section 4511.19 of the Revised Code within five years of the date of operation of the child day-care center or family day-care home, or two violations of section 4511.19 of the Revised Code during operation of the center or home, or a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of those violations shall own or operate a child day-care center, type A family day-care home, type B family day-care home, or certified type B family day-care home. (2) Each employee of a child day-care center and type A
home
and every person eighteen years of age or older residing in
a type
A home shall sign a statement on forms prescribed by the
director
of job and family services attesting to the fact that the
employee
or
resident person has not
been convicted of or pleaded guilty to
any offense set forth in
division (A)(1)(a) of this section and that
no child has been
removed from the employee's or resident person's
home pursuant to
section 2151.353 of the Revised
Code. Each
licensee of a type A home shall sign a statement on a
form
prescribed by the director attesting to the fact that no
person
who resides at the type A home and who is under the age
of
eighteen has been adjudicated a delinquent child for
committing a
violation of any section listed in division (A)(1)(a)
of this
section. The statements shall be kept on file at the
center or
type A home. (3) Each in-home aide, each authorized provider, and every
person eighteen years of age or older residing in a certified
type
B home shall sign a statement on forms prescribed by the
director
of job and family services attesting that the aide, provider,
or
resident person has not been
convicted of or pleaded guilty to any
offense set forth in
division (A)(1)(a) of this section and that no
child has been
removed from the aide's, provider's, or resident
person's home
pursuant to section 2151.353 of the Revised
Code. Each authorized provider shall sign a statement on forms prescribed by the director attesting that the provider has not been convicted of or pleaded guilty to any offense set forth in division (A)(1)(a) or (b) of this section and that no child has been removed from the provider's home pursuant to section 2151.353 of the Revised Code.
Each authorized provider shall sign a statement on a form
prescribed by the director attesting to the fact that no person
who resides at the certified type B home and who is under the age
of eighteen has been adjudicated a delinquent child for
committing
a violation of any section listed in division (A)(1)(a) of this
section. The statements shall be kept on file at the
county
department of job and family services. (4) Each administrator and licensee of a center or type A
home shall sign a statement on a form prescribed by the director
of
job and family services attesting that the
administrator or
licensee has not been convicted of or
pleaded guilty to any
offense set forth in division (A)(1)(a) or (b) of
this section and that no
child has been removed from the
administrator's or licensee's home
pursuant to section 2151.353 of the Revised Code. The statement
shall be kept on file at the center or type A home. (B) No in-home aide, no administrator, licensee,
authorized
provider, or employee of a center, type A home, or
certified type
B home, and no person eighteen years of age or
older
residing in a
type A home or certified type B home shall withhold
information
from, or falsify information on, any statement
required pursuant
to division (A)(2), (3), or (4) of this
section. (C) No administrator, licensee, or child-care staff member
shall discriminate in the enrollment of children in a child
day-care center upon the basis of race, color, religion, sex, or
national origin.
(D) The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section, including rules specifying exceptions to the prohibition in division (A)(1) of this section for persons who have been convicted of an offense listed in that division but meet rehabilitation standards set by the department.
Sec. 5104.11. (A)(1) Except Every person desiring to receive certification for a type B family day-care home to provide publicly funded child care shall apply for certification to the county director of job and family services on such forms as the director of job and family services prescribes. The county director shall provide at no charge to each applicant a copy of rules for certifying type B family day-care homes adopted pursuant to this chapter. (2) Except as provided in division
(G)(1) of section 5104.011 of the Revised Code, after receipt of an
application for certification from a type B family day-care home,
the county director of job and family services shall
inspect the home. If
it complies with this chapter and any applicable rules adopted under
this chapter, the county department shall certify the type B family
day-care home to provide
publicly funded child day-care care pursuant to this chapter and any
rules adopted under it. The director of job and family
services or a
county director of job and family services may contract
with a government entity
or a private nonprofit entity for that entity to
inspect and certify type B family day-care homes pursuant to this
section. The county department of job and family
services, government entity, or nonprofit
entity shall conduct the inspection prior to the issuance of a
certificate for the type B home and, as part of that inspection,
ensure that the type B home is safe and sanitary. (2)(3) On receipt of an application for certification for a type B family day-care home to provide publicly funded child care or for renewal of such certification, the county department shall request from the public children services agency information concerning any abuse or neglect report made pursuant to section 2151.421 of the Revised Code of which the applicant is the subject. The county department shall consider any information provided by the agency pursuant to section 5153.175 of the Revised Code. If the county department determines that the information, when viewed within the totality of the circumstances, reasonably leads to the conclusion that the applicant may endanger the health, safety, or welfare of children, the county department shall deny the application for certification or renewal of certification, or revoke the certification of an authorized provider.
As used in division (A)(3) of this section, "public children services agency" means either an entity separate from the county department or the part of the county department that serves as the county's public children services agency, as appropriate. (4) Except as provided in division (A)(3)(5) of this
section, an
authorized provider of a type B family day-care home that
receives a certificate pursuant to this section to provide publicly funded child day-care care is an independent contractor and
is not an employee of the county department of job and
family services that issues the certificate. (3)(5) For purposes of Chapter 4141. of the
Revised Code,
determinations concerning the employment of an authorized provider of a
type B family day-care home that receives a certificate
pursuant to this section shall be determined under Chapter 4141.
of the Revised Code.
(B) Every person desiring to receive certification for a
type B family day-care home shall apply for certification to the
county director of job and family services on such forms
as the director of job and family services prescribes.
The county director shall provide
at no charge to each applicant a copy of rules for certifying
type B family day-care homes adopted pursuant to this chapter. (C) If the county director of job and family services
determines
that the type B family day-care home complies with this chapter
and any rules adopted under it, the county director shall
issue to the provider a certificate to provide publicly funded child day-care care, which certificate is valid for twelve
months, unless revoked earlier. The county director may revoke the certificate after determining
that revocation is necessary. The
authorized provider
shall post the certificate in a conspicuous place in the
certified type B home that is accessible to parents, custodians,
or guardians at all times. The certificate shall state the name
and address of the authorized provider, the maximum number of
children who may be cared for at any one time in the certified
type B home, the expiration date of the certification, and the
name and telephone number of the county director who issued the
certificate.
(D)(C)(1) The county director shall inspect every certified type
B family day-care home at least twice within each twelve-month
period of the operation of the certified type B home. A minimum
of one inspection shall be unannounced and all inspections may be
unannounced. Upon receipt of a complaint, the county director
shall investigate and may inspect the certified type B home, and division (C)(2) of this section applies regarding the complaint. The
authorized provider shall permit the county director to inspect
any part of the certified type B home. The county director shall
prepare a written inspection report and furnish one copy to the
authorized provider within a reasonable time after the
inspection.
(2) Upon receipt of a complaint as described in division (C)(1) of this section, in addition to the investigation that is required under that division, both of the following apply:
(a) If the complaint alleges that a child suffered physical harm while receiving child care at the certified type B family day-care home or that the noncompliance with law or act alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving child care at the home, the county director shall inspect the home.
(b) If division (C)(2)(a) of this section does not apply regarding the complaint, the county director may inspect the certified type B family day-care home.
(3) Division (C)(2) of this section does not limit, restrict, or negate any duty of the county director to inspect a certified type B family day-care home that otherwise is imposed under this section, or any authority of the county director to inspect a home that otherwise is granted under this section when the county director believes the inspection is necessary and it is permitted under the grant. (E)(D) The county director of job and family services, in
accordance
with rules adopted pursuant to section 5104.052 of the Revised
Code regarding fire safety and fire prevention, shall inspect
each type B home that applies to be certified that is providing
or is to provide publicly funded child day-care care.
(F)(E) All materials that are supplied by the department of job
and family services to type A family day-care home providers, type B
family day-care home providers, in-home aides, persons who desire
to be type A family day-care home providers, type B family
day-care home providers, or in-home aides, and caretaker parents
shall be written at no higher than the sixth grade reading level.
The department may employ a readability expert to verify its
compliance with this division.
Sec. 5104.12. (A) The county director of job and family
services may certify in-home aides to provide publicly funded
child
day-care care pursuant to this chapter and any rules adopted
under it.
Any in-home aide who receives a certificate pursuant to
this
section to provide publicly funded child day-care care is an
independent contractor and is not an employee of the county
department of
job and family services that issues the certificate. (B) Every person desiring to receive certification as an
in-home aide shall apply for certification to the county director
of
job and family services on such forms as the director of
job
and family services prescribes. The county director
shall provide
at no charge to
each applicant a copy of rules for certifying
in-home aides
adopted pursuant to this chapter. (C) If the county director of job and family services
determines that public funds are available and that the person
complies with
this chapter and any rules adopted under it, the
county
director shall certify the
person as an in-home aide and
issue the person a certificate to
provide publicly funded child
day-care care for twelve months. The
county director may revoke the
certificate after
determining
that revocation is necessary. The
county director shall furnish
a copy of the certificate to the
parent, custodian, or guardian.
The certificate shall state the
name and address of the in-home
aide, the expiration date of the
certification, and the name and
telephone number of the county
director who issued the
certificate. (D)(1) The county director of job and family services shall
inspect every home of a child who is receiving publicly funded
child
day-care care in the child's own home while the in-home aide is
providing the services. Inspections may be unannounced. Upon
receipt of a complaint, the county director shall investigate the
in-home aide and, shall investigate and may inspect the home of a
child who is receiving publicly funded child day-care care in the
child's own home, and division (D)(2) of this section applies regarding the complaint. The caretaker parent shall permit the county
director to inspect any part of the child's home. The county
director shall prepare a written inspection report and furnish
one
copy each to the in-home aide and the caretaker parent within
a
reasonable time after the inspection. (2) Upon receipt of a complaint as described in division (D)(1) of this section, in addition to the investigations that are required under that division, both of the following apply:
(a) If the complaint alleges that a child suffered physical harm while receiving publicly funded child care in the child's own home from an in-home aide or that the noncompliance with law or act alleged in the complaint involved, resulted in, or poses a substantial risk of physical harm to a child receiving publicly funded child care in the child's own home from an in-home aide, the county director shall inspect the home of the child.
(b) If division (D)(2)(a) of this section does not apply regarding the complaint, the county director may inspect the home of the child.
(3) Division (D)(2) of this section does not limit, restrict, or negate any duty of the county director to inspect a home of a child who is receiving publicly funded child care from an in-home aide that otherwise is imposed under this section, or any authority of the county director to inspect such a home that otherwise is granted under this section when the county director believes the inspection is necessary and it is permitted under the grant.
Sec. 5104.30. (A) The department of job and family services is
hereby designated as the state agency responsible for
administration and coordination of federal and state funding for
publicly funded child day-care care in this state. Publicly funded
child day-care care shall be provided to the following: (1) Recipients of transitional child day-care care as provided under section
5104.34 of the Revised Code; (2) Participants in the Ohio
works first program established under Chapter 5107. of the Revised Code; (3) Individuals who would be participating in the Ohio works
first program if not for a sanction under section 5107.16 of the Revised Code
and who continue to participate in a work activity, developmental activity, or
alternative work activity pursuant to an assignment under section 5107.42 of
the Revised Code; (4) A family receiving publicly funded child day-care care on
October 1, 1997, until the family's income
reaches one hundred fifty per cent of the federal poverty line; (5) Subject to available funds, other individuals
determined eligible in
accordance with rules adopted under section 5104.38 of the Revised Code. The department
shall apply to the United States department of health and human
services for authority to operate a coordinated program for
publicly funded child day-care care, if the director of job and family services
determines that the application is necessary. For purposes of
this section, the department of job and family services may enter into
agreements with other state agencies that are involved in
regulation or funding of child day-care care. The department shall
consider the special needs of migrant workers when it administers
and coordinates publicly funded child day-care care and shall develop
appropriate procedures for accommodating the needs of migrant
workers for publicly funded child day-care care. (B) The department of job and family services shall distribute
state and federal funds for publicly funded child day-care care,
including appropriations of state funds for publicly funded child
day-care care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The
department may use any state funds appropriated for publicly
funded child day-care care as the state share required to match any
federal funds appropriated for publicly funded child day-care care. (C) In the use of federal funds available under
the child care block grant act, all of the following apply: (1) The department may use the federal funds to hire staff to prepare any rules
required under this chapter and to administer and coordinate
federal and state funding for publicly funded child day-care care. (2) Not more than five per cent of the
aggregate amount of the federal funds received for a fiscal year may be
expended for administrative costs. (3) The department shall allocate and use at
least four per cent of the federal funds for the following: (a) Activities designed to provide comprehensive consumer education to
parents and the public; (b) Activities that increase parental choice; (c) Activities, including child day-care care resource and referral services,
designed to improve the quality, and increase the supply, of child day-care care. (4) The department shall ensure that the federal funds will be used
only to supplement, and will not be used to supplant, federal,
state, and local funds available on the effective date of the child care block grant
act for publicly funded child day-care care and related programs. A
county department of job and family services may purchase child day-care care
from funds obtained through any other means. (D) The department shall encourage the development of
suitable child day-care care throughout the state, especially in areas
with high concentrations of recipients of public assistance and
families with low incomes. The department shall
encourage the development of suitable child day-care care designed to
accommodate the special needs of migrant workers. On request,
the department, through its employees or contracts with state or
community child day-care care resource and referral service
organizations, shall provide consultation to groups and
individuals interested in developing child day-care care. The
department of job and family services may enter into interagency
agreements with the department of education, the board of
regents, the department of development, and other state agencies
and entities whenever the cooperative efforts of the other state
agencies and entities are necessary for the department of job and family
services to fulfill its duties and responsibilities under this
chapter. The department may shall develop and maintain a registry of persons providing
child day-care care. The director may shall adopt rules pursuant to Chapter 119. of the Revised
Code establishing procedures and requirements for the registry's administration. (E)(1) The director shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing both of the following: (a) Reimbursement ceilings for providers of publicly funded child day-care care; (b) A procedure for reimbursing and paying providers of
publicly funded child day-care care. (2) In establishing reimbursement
ceilings under division (E)(1)(a) of this section, the director shall do all of the following: (a) Use the information obtained
under division (B)(3) of section 5104.04 of the Revised Code; (b) Establish an enhanced reimbursement ceiling for providers who provide
child day-care care for caretaker parents who work nontraditional hours; (c) For a type B family day-care home provider that has received
limited certification pursuant to rules adopted under
division (G)(1) of section 5104.011 of the Revised Code, establish a reimbursement ceiling that
is the following:
(i) If the provider is a person described in division (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five per cent of the
reimbursement ceiling that applies to a type B family
day-care home certified by the same county department
of job and family services pursuant to section 5104.11 of the Revised Code; (ii) If the provider is a person described in division (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent of the reimbursement ceiling that applies to a type B family day-care home certified by the same county department pursuant to section 5104.11 of the Revised Code.
(3) In establishing reimbursement ceilings under division (E)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child day-care care;
(h) Any other factors the director considers appropriate.
Sec. 5104.301. A county department of job and family
services may establish a program to encourage the organization of parent
cooperative child day-care centers and parent cooperative type
A family day-care homes for
recipients of publicly funded child day-care care. A program
established under this section may include any of the
following: (A) Recruitment of
parents interested in organizing a parent cooperative child
day-care center or parent cooperative type
A family day-care home; (B) Provision of
technical assistance in organizing a parent cooperative child
day-care center or parent cooperative type
A family day-care home; (C) Assistance in the
developing, conducting, and disseminating training for parents
interested in organizing a parent cooperative child
day-care center or parent cooperative type
A family day-care home. A county department that implements a program under this
section shall receive from funds available under the child care block grant
act a five thousand dollar
incentive payment for each parent cooperative child day-care
center or parent cooperative type
A family day-care home
organized pursuant to this section. Parents of children enrolled in a parent cooperative child
day-care center or parent cooperative type
A family day-care home pursuant
to this section shall be required to work in the center or home
a minimum of four hours per week. The director of job and family
services shall adopt
rules governing the establishment and operation of programs under this
section.
Sec. 5104.31. Publicly funded child day-care care may be provided
only by 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
job and family services pursuant to section 5104.03 of the
Revised Code; (B) A type B family day-care home certified by the county department of
job and family services pursuant to
section 5104.11 of the Revised Code; (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; (D) An in-home aide who has been certified by the county department of
job and family services pursuant to section 5104.12 of the
Revised Code; (E) A child day camp approved pursuant to section
5104.22 of the
Revised Code; (F) A licensed preschool program; (G) A licensed school
child program; (H) A border state child day-care care provider, except that a border
state child day-care care provider may provide publicly funded child day-care 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 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,
licensed school child
program, or border state child day-care care
provider and the county
department of job and family
services. A county department of job
and family services
may enter into a
contract with a provider for
publicly funded child day-care 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 care shall be contingent
upon the availability of state
and federal funds. The department
of job and family
services shall prescribe a standard form to be
used for all contracts for the
purchase of publicly funded child
day-care care, regardless of the
source of public funds used to
purchase the child day-care 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 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 care shall
specify at least the following: (1) That the provider of publicly funded child day-care care
agrees to be
paid for rendering services at the lowest of the rate
customarily
charged by the provider for children enrolled for
child day-care care, the reimbursement
ceiling or rate of payment established pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider; (2) That, if a provider provides child day-care care to an
individual potentially eligible for publicly funded child
day-care care
who is subsequently determined to be eligible, the
county
department agrees to pay for all child day-care care provided
between
the date the county department receives the individual's
completed
application and the date the individual's eligibility
is
determined; (3) Whether the county department of job and family
services, the provider, or a child day-care care resource and referral
service
organization will make eligibility determinations, whether
the
provider or a child day-care 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 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; (4) That the provider, other than a border state child
day-care care
provider or except as provided in division (B) of section 3301.37 of the Revised Code, shall continue to be licensed,
approved, or
certified pursuant to this chapter and shall comply with all
standards and other
requirements in this chapter and in rules
adopted pursuant to this chapter for maintaining
the provider's license, approval, or
certification; (5) That, in the case of a border state child day-care 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; (6) Whether the provider will be paid by the county
department of job and family services or the state
department of
job and family services; (7) That the contract is subject to the availability of
state and federal funds. (C) Unless specifically prohibited by federal law, the
county department of job and family services shall give
individuals
eligible for publicly funded child day-care 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 care under section 5104.31 of the
Revised Code. Providers
of publicly funded child day-care care may
present these
certificates for payment for reimbursement in
accordance with
rules that the director of job and
family services
shall adopt. Only
providers may receive reimbursement for
certificates for payment. The value
of
the certificate for
payment shall be based on the
lowest of the rate customarily
charged by the provider, the
reimbursement ceiling or rate of payment established
pursuant to section
5104.30 of the Revised Code, or a rate the county department negotiates with the provider. The county
department may provide the
certificates for payment to the
individuals or may contract with
child day-care care providers or child
day-care care resource and referral
service organizations that make
determinations of eligibility for
publicly funded child day-care 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 care. For each six-month period a provider of publicly funded child
day-care
care provides publicly funded child day-care to the child of
an individual given
certificates for payment, the individual shall
provide the provider
certificates for days the provider would have
provided publicly funded child day-care care to the child had the child
been
present. County departments shall specify the maximum number
of days
providers will be provided certificates of payment for
days the provider would
have provided publicly funded child
day-care care had the child been present. The
maximum number of days
shall
not exceed ten
days in a six-month period during
which
publicly funded child day-care care is provided to the child
regardless
of the
number of providers that provide publicly funded
child
day-care care to the child during that period.
Sec. 5104.33. (A) The department of job and family
services shall
prescribe an application form for use in making eligibility
determinations for publicly funded child day-care care. The form
shall be as brief and simple as practicable. (B) In administering the process of applying for publicly
funded child day-care care, the county department of job and
family services shall implement policies designed to ensure that the
application
process is as accessible to the public as possible. These
policies shall include making the application forms available at
appropriate locations selected by the county department and
making arrangements that enable applicants to complete the
application process at times outside their normal working hours,
and at locations, convenient for them. The arrangements may
include stationing certain of their employees at various sites in
the county for the purpose of assisting applicants in completing
the application process and of making eligibility determinations
at those locations. The arrangements may also include providing
training and technical assistance to appropriate entities that
qualify them to provide assistance in completing the application
process and, to the extent permitted by federal law, to make
eligibility determinations. Each county department of job and family services shall
submit to the department of job and family
services for approval its plan for
ensuring that the application process is as accessible to the
public as possible and complies with this division. The county
department shall make any changes to its plan that the
department determines are necessary for compliance with this
division and with any state standards adopted for the
administration of this division.
Sec. 5104.34. (A)(1) Each county department of job and
family services shall implement procedures for making determinations of
eligibility for publicly funded child day-care care. Under those
procedures, the eligibility determination for each applicant
shall be made no later than thirty calendar days from the date
the county department receives a completed application for
publicly funded child day-care care. Each applicant shall be notified
promptly of the results of the eligibility determination. An
applicant aggrieved by a decision or delay in making an
eligibility determination may appeal the decision or delay to the
department of job and family services in accordance with
section 5101.35 of the Revised Code. The due process rights of applicants
shall
be protected. To the extent permitted by federal law, the county
department may make all determinations of eligibility for
publicly funded child day-care care, may contract with child day-care care
providers or child day-care care resource and referral service
organizations for the providers or resource and referral service
organizations to make all or any part of the determinations, and
may contract with child day-care care providers or child day-care care
resource and referral service organizations for the providers or
resource and referral service organizations to collect specified
information for use by the county department in making
determinations. If a county department contracts with a child
day-care care provider or a child day-care care resource and referral
service organization for eligibility determinations or for the
collection of information, the contract shall require the
provider or resource and referral service organization to make
each eligibility determination no later than thirty calendar days
from the date the provider or resource and referral organization
receives a completed application that is the basis of the
determination and to collect and transmit all necessary
information to the county department within a period of time that
enables the county department to make each eligibility
determination no later than thirty days after the filing of the
application that is the basis of the determination. The county department may station employees of the
department in various locations throughout the county to collect information
relevant to applications for publicly funded child day-care care and
to make eligibility determinations. The county department, child
day-care care provider, and child day-care care resource and referral
service organization shall make each determination of eligibility
for publicly funded child day-care care no later than thirty days
after the filing of the application that is the basis of the
determination, shall make each determination in accordance with
any relevant rules adopted pursuant to section 5104.38 of the
Revised Code, and shall notify promptly each applicant for
publicly funded child day-care care of the results of the
determination of the applicant's eligibility. The director of
job and family services shall adopt rules in accordance
with Chapter 119. of the
Revised Code for monitoring the eligibility determination
process. In accordance with those rules, the state department
shall monitor eligibility determinations made by county
departments of job and family services and shall direct
any entity that is
not in compliance with this division or any rule adopted under
this division to implement corrective action specified by the
department. (2) All eligibility
determinations for publicly funded
child day-care care shall be made in accordance with rules adopted pursuant to
division (A) of
section 5104.38 of the Revised Code
and, if a county department of job and family services
specifies, pursuant to rules adopted under division
(B) of that section, a maximum
amount of income a family may have to be eligible for publicly
funded child day-care care, the income maximum specified by the
county department. Publicly funded child day-care care may be
provided only to eligible infants,
toddlers, preschool children, and school children under age thirteen. For an
applicant to be eligible for publicly funded child day-care care,
the caretaker parent must be employed or participating in a program of
education or training for an amount of time reasonably related to the time
that the parent's children are receiving publicly funded child day-care care. This
restriction does not apply to families whose children are eligible for
protective day-care child care. Subject to available funds, a county department of job and
family services shall allow a family to
receive publicly funded child day-care care
unless the family's income
exceeds the
maximum income eligibility limit. Initial and
continued eligibility for publicly funded child day-care care is
subject to available funds unless the family is receiving
child day-care care pursuant to
division (A)(1), (2), (3), or (4) of section 5104.30 of the Revised Code. If
the county department
must limit eligibility due to
lack of available funds, it shall give first priority for publicly funded
child day-care care to an assistance group whose income is not more than the
maximum income
eligibility limit that received transitional
child day-care care in the previous month but is no longer eligible because the
twelve-month period has expired. Such an assistance group shall continue to
receive priority for publicly funded child day-care care until its income exceeds
the maximum
income eligibility limit. (3) An assistance group that ceases to participate in the
Ohio works first program
established under Chapter 5107. of the Revised Code is eligible for
transitional
child day-care care at any time during the immediately following twelve-month
period that both of the following apply: (a) The assistance group requires child day-care care due to
employment; (b) The assistance group's income is not more than one hundred
fifty per cent of the federal poverty line. An assistance group ineligible to participate in the Ohio works
first program pursuant to section 5101.83 or section
5107.16 of the Revised Code is not
eligible
for transitional
child day-care care. (B) To the extent permitted by federal law, a county
department of job and family services may require a
caretaker parent
determined to be eligible for publicly funded child day-care care to
pay a fee according to the schedule of fees established in rules
adopted under section 5104.38 of the Revised Code. Each county department
shall make protective day-care child care services available to children without regard
to the income or assets of the caretaker parent of
the child. (C) A caretaker parent receiving publicly funded child
day-care care shall report to the entity that determined
eligibility any changes in status with respect to employment
or participation in a program of education or training not later than ten calendar days after the change occurs. (D) If a county department of job and family services
determines that available resources are not sufficient to provide publicly
funded child day-care care to all eligible families who request it, the county
department may
establish a waiting list. A county department may establish separate waiting
lists within the waiting list based on income. When resources become
available
to provide publicly funded child day-care care to families on the waiting list, a
county department that establishes a waiting list shall assess the needs of
the next family scheduled to
receive publicly funded child day-care care. If the assessment demonstrates that
the family continues to need and is eligible for publicly funded child
day-care care, the county department shall offer it to the family. If the county
department determines that the family is no longer eligible or no longer needs
publicly funded child day-care care, the county department shall remove the family
from the waiting list. (E) As used in this section, "maximum
income eligibility limit" means the amount of income specified
in rules adopted under division (A) of section 5104.38 of the Revised Code or,
if a county department of job and family services
specifies a higher amount pursuant to
rules adopted under division (B) of that section, the amount the county
department specifies.
Sec. 5104.341. (A) Except as provided in division
(B) of
this section, both of the following apply: (1) An eligibility determination made under section 5104.34
of the
Revised Code for publicly funded child day-care care is valid
for one year; (2)
The county department of job and family services shall
redetermine the appropriate level of a fee charged under division
(B) of section 5104.34 of the
Revised Code
every six months
during the one-year period, unless a caretaker
parent
requests
that the fee be reduced due to changes in income,
family size, or
both and the county department of job and family
services
approves
the reduction. (B) Division (A) of this section does not apply in
either of
the
following circumstances: (1) The publicly funded child day-care care is provided under
division
(B)(4) of section 5104.35 of the Revised Code; (2) The recipient of the publicly funded child day-care care
ceases to
be eligible for publicly funded child day-care care.
Sec. 5104.35. (A) The county department of job and
family 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 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, licensed
school child program, or border state child day-care care provider
for child day-care 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 job and family services and the director of
budget and
management regarding expenditures for the purchase of publicly
funded child day-care care. (B) The county department of job and family services may
do any of the following: (1) To the extent permitted by federal law, use public
child day-care 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 care; (2) In accordance with rules adopted by the director of
job and family services,
request a waiver of the reimbursement ceiling established pursuant to section 5104.30 of the
Revised Code
for the purpose of paying a higher rate for publicly funded child
day-care care based upon the special needs of a child; (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 care customarily charges all children who
receive child day-care care from that provider; (4) To the extent permitted by federal law, pay for up to
thirty days of child day-care 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, an
in-home
aide providing child day-care care services, the director or
administrator of an approved child day camp, and a border state
child day-care care provider shall keep a record
for each eligible child, to be made available to the county
department of job and family services or the department of
job and family 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 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 care services have been
provided for the child; (E) Any other information required by the county
department of job and family services or the state
department of job and family
services.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and
family services shall adopt rules
in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly funded
child day-care 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 care
that give priority to children of families with lower
incomes and procedures and
criteria for eligibility for publicly funded protective
day-care child 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 two hundred per cent of the federal poverty line. (B) Procedures under which a county department of job and
family 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 care that is less than the maximum amount specified in that division,
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 care that is
higher than the amount specified by the department but does not exceed the
maximum
amount specified in division (A) of this section; (C) A schedule of fees requiring all eligible
caretaker parents to pay a fee for publicly funded child day-care care
according to income and family size, which
shall be uniform for all types of publicly
funded child day-care 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 care from that provider. The schedule of fees may not
provide for a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income. (D) A formula based upon a percentage of the county's
total expenditures for publicly funded child day-care care for
determining the maximum amount of state and federal funds
appropriated for publicly funded child day-care 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 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 care in identifying the resources
available to them and to refer the individuals to appropriate
sources to obtain child day-care care; (G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child day-care care; (H) Procedures for establishing a child day-care 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 (II)(1) of section
5104.01 of the Revised Code; (K) Procedures for a county
department of job and family services to follow in making
eligibility
determinations and redeterminations for publicly funded child day-care care
available through telephone, computer, and other means at locations
other than the county department; (L) Any other rules necessary to carry out sections
5104.30 to 5104.39 of the Revised Code.
Sec. 5104.382. In adopting rules under division (A) of section 5104.38 of the Revised Code establishing criteria for eligibility for publicly funded child day-care care, the director of job and family services may prescribe the amount, duration, and scope of benefits available as publicly funded child day-care care.
Sec. 5104.39. (A) The director of
job and family services shall
adopt rules in accordance with Chapter 119. of the Revised Code
establishing a procedure for monitoring the expenditures of
county departments of job and family services to ensure
that expenditures
do not exceed the available federal and state funds for publicly
funded child day-care care. The
department, with the assistance of the
office of budget and management and the day-care child care advisory council created
pursuant to section 5104.08 of the Revised Code, shall monitor the anticipated
future expenditures of county departments for publicly funded child day-care care
and shall compare those
anticipated future expenditures to available federal and state
funds for publicly funded child day-care care. Whenever the
department determines that the anticipated future expenditures of
the county departments will exceed the available federal and
state funds for publicly funded child day-care care, it promptly shall
notify the county departments and, before the available state and
federal funds are used, the director shall
issue and implement an administrative order that shall specify
both of the following: (1) Priorities for expending the remaining available
federal and state funds for publicly funded child day-care care; (2) Instructions and procedures to be used by the county
departments. (B) The order may do any or all of the following: (1) Suspend enrollment of all new participants in
any program of publicly funded child day-care care; (2) Limit
enrollment of new participants to those with incomes at or
below
a specified percentage of the federal poverty line; (3) Disenroll existing participants with income above a specified percentage of the federal poverty line. (C) Each county department shall comply with the order no later
than thirty days after it is issued. If the department
fails to notify the county departments and to implement the
reallocation priorities specified in the order before the
available federal and state funds for publicly funded child
day-care care are used, the state department shall provide sufficient
funds to the county departments for publicly funded child
day-care care to enable each county department to pay for all publicly
funded child day-care care that was provided by providers pursuant to
contract prior to the date that the county department received
notice under this section and the state department implemented
in that county the priorities. (D) If after issuing an order under this section to suspend or limit enrollment
of
new participants or disenroll existing participants the department determines that available state
and
federal funds for publicly funded child day-care care exceed the anticipated future
expenditures of the county departments,
the director may issue and implement another administrative order increasing
income eligibility levels to a specified percentage of the federal poverty
line. The order shall include instructions and procedures to be used by the
county departments. Each county department shall comply with the order not
later than thirty days after it is issued. (E) The department of job and family
services
shall do all of the following: (1) Conduct a quarterly evaluation of the program of publicly funded
child day-care care that is operated pursuant to sections 5104.30 to 5104.39
of the Revised Code; (2) Prepare reports based upon the
evaluations that specify for each county
the number of participants and amount of expenditures; (3) Provide copies of the reports to both houses of the general assembly
and, on request, to interested parties.
Sec. 5104.40. A county department of job and family
services shall not be
held
responsible for implementing any rule adopted under this chapter
regarding
publicly funded child day-care care until the later of thirty days
after the
effective date of the rule or thirty days after the county
department receives
notice of the rule if such notification is required under this
chapter.
Sec. 5104.41. A child and the child's caretaker who either
temporarily
reside in a
facility providing emergency shelter for homeless families or are
determined by
the county department of job and family services to be
homeless, and who
are otherwise
ineligible for publicly funded child day-care care, are eligible for
protective
day-care child care for the lesser of the following: (A) Ninety days; (B) The period of time they reside in the shelter, if they qualified for
protective day-care child care because they reside in the shelter, or the period of time
in which the county department determines they are homeless.
Sec. 5104.42. The director of
job and family
services
shall
adopt rules pursuant to section 111.15 of the Revised Code
establishing
a payment
procedure for publicly funded child
day-care care. The rules may provide that the
department of job and
family services will either
reimburse county departments of job
and
fmaily
family services
for payments made to providers of
publicly funded child day-care care or make
direct payments to
providers pursuant to an agreement entered into with a
county
board of commissioners pursuant to section 5101.21 of the Revised
Code. Alternately, the director, by rule adopted in
accordance with
section 111.15 of the Revised Code, may establish a
methodology
for allocating
among the county departments the state and federal
funds appropriated for all publicly funded child day-care care
services. If the
department chooses to allocate funds for
publicly funded
child day-care care, it may provide the funds to each
county
department, up to
the limit of the county's allocation, by
advancing the funds or reimbursing
county day-care care expenditures.
The rules adopted under this section may
prescribe procedures for
making the advances or reimbursements. The rules may
establish a
method under which the department may determine which
county
expenditures for day-care child care services are allowable for use of
and
federal funds. The rules may establish procedures that a county department
shall follow
when
the county department determines that its
anticipated future expenditures for
publicly funded child day-care care
services will exceed the amount
of state and federal funds
allocated by the state department. The procedures
may include
suspending or limiting enrollment of new participants.
Sec. 5104.43. Each county department of job and family
services shall deposit all
funds received from any source for
child day-care care services into the public
assistance fund
established under section 5101.161 of the Revised Code. All
expenditures by a county department for publicly funded child
day-care care shall
be made from the public assistance fund.
Sec. 5104.99. (A) Whoever violates section 5104.02 of the
Revised Code shall be punished as follows:
(1) For each offense, the offender shall be fined not less than one hundred dollars nor
more than five hundred dollars for each offense multiplied by the number of children receiving child care at the child day-care center or type A family day-care home that either exceeds the number of children to which a type B family day-care home may provide child care or, if the offender is a licensed type A family day-care home that is operating as a child day-care center without being licensed as a center, exceeds the license capacity of the type A home.
(2) In addition to the fine specified in division (A)(1) of this section, all of the following apply:
(a) Except as provided in divisions (A)(2)(b), (c), and (d) of this section, the court shall order the offender to reduce the number of children to which it provides child care to a number that does not exceed either the number of children to which a type B family day-care home may provide child care or, if the offender is a licensed type A family day-care home that is operating as a child day-care center without being licensed as a center, the license capacity of the type A home.
(b) If the offender previously has been convicted of or pleaded guilty to one violation of section 5104.02 of the Revised Code, the court shall order the offender to cease the provision of child care to any person until it obtains a child day-care center license or a type A family day-care home license, as appropriate, under section 5104.03 of the Revised Code.
(c) If the offender previously has been convicted of or pleaded guilty to two violations of section 5104.02 of the Revised Code, the offender is guilty of a misdemeanor of the first degree, and the court shall order the offender to cease the provision of child care to any person until it obtains a child day-care center license or a type A family day-care home license, as appropriate, under section 5104.03 of the Revised Code. The court shall impose the fine specified in division (A)(1) of this section and may impose an additional fine provided that the total amount of the fines so imposed does not exceed the maximum fine authorized for a misdemeanor of the first degree under section 2929.28 of the Revised Code.
(d) If the offender previously has been convicted of or pleaded guilty to three or more violations of section 5104.02 of the Revised Code, the offender is guilty of a felony of the fifth degree, and the court shall order the offender to cease the provision of child care to any person until it obtains a child day-care center license or a type A family day-care home license, as appropriate, under section 5104.03 of the Revised Code. The court shall impose the fine specified in division (A)(1) of this section and may impose an additional fine provided that the total amount of the fines so imposed does not exceed the maximum fine authorized for a felony of the fifth degree under section 2929.18 of the Revised Code. (B) Whoever violates division (B) of section 5104.09 of
the Revised Code is guilty of a misdemeanor of the first degree.
If the offender is a licensee of a center or type A home, the
conviction shall constitute grounds for denial, revocation, or
refusal to renew an application for licensure pursuant to section
5104.04 of the Revised Code. If the offender is a person
eighteen years of age or older residing in a center or type A
home or is an employee of a center or a type A home and if the
licensee had knowledge of, and acquiesced in, the commission of
the offense, the conviction shall constitute grounds for denial,
revocation, or refusal to renew an application for licensure
pursuant to section 5104.04 of the Revised Code. (C) Whoever violates division (C) of section 5104.09 of
the Revised Code is guilty of a misdemeanor of the third degree.
Sec. 5107.16. (A) If a
member of an assistance group fails or refuses, without good
cause, to comply in full with a provision of a self-sufficiency
contract entered into under section 5107.14 of the
Revised Code, a county department of job and family
services shall
sanction the assistance group as follows: (1) For a first failure or refusal, the county department
shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for one payment month or until
the failure or refusal ceases, whichever is longer; (2) For a second failure or refusal, the county
department shall deny or terminate the assistance group's eligibility to
participate in Ohio works first for three payment months or
until the failure or refusal ceases, whichever is longer; (3) For a third or subsequent failure or refusal, the
county department shall deny or terminate the assistance group's
eligibility to participate in Ohio works first for six payment
months or until the failure or refusal ceases, whichever is
longer. (B) Each county
department of job and family services shall establish
standards for the
determination of good cause for failure or refusal to comply in
full with a provision of a self-sufficiency contract. (1) In the case of a failure or refusal to participate in
a work activity, developmental activity, or alternative work
activity under sections 5107.40 to 5107.69 of the
Revised Code, good cause shall include,
except as provided in division
(B)(2) of this section, the
following: (a) Failure of the county department to place the
member in an activity; (b) Failure of the county department to provide
for the assistance group to receive support services the county
department determines under section 5107.66 of the Revised
Code to be necessary. In
determining whether good cause exists, a county department shall
determine that day care is a necessary support service if a
single custodial parent caring for a minor child under age six proves
a demonstrated inability, as determined by the county
department, to obtain needed child care for one or more of the
following reasons: (i) Unavailability of appropriate child care
within a reasonable distance from the parent's home or work
site; (ii) Unavailability or unsuitability of informal
child care by a relative or under other arrangements; (iii) Unavailability of appropriate and affordable
formal child care arrangements. (2) Good cause does not exist if the member of the
assistance group is placed in a work activity established
under section 5107.58 of the Revised
Code and exhausts the support
services available for that activity. (C) When a state hearing
under division (B) of section
5101.35 of the Revised
Code or an administrative
appeal under division (C) of
that section is held regarding a sanction under this section,
the hearing officer, director of job and family services,
or director's
designee shall base the decision in the hearing or appeal on the
county department's standards of good cause for failure or
refusal to comply in full with a provision of a self-sufficiency
contract, if the county department provides the hearing officer,
director, or director's designee a copy of the county
department's good cause standards. (D) After sanctioning an
assistance group under division
(A) of this section, a county
department of job and family services shall continue to
work with the assistance
group to provide the member of the
assistance group who caused the sanction an opportunity to
demonstrate to the county department a willingness to cease the
failure or refusal to comply with the self-sufficiency contract. (E) An adult eligible for medical assistance pursuant to
division
(A)(1)(a)
of section 5111.01 of the
Revised
Code who is sanctioned under
division (A)(3) of this section
for a failure or refusal, without good cause, to comply in full
with a provision of a self-sufficiency contract related to work
responsibilities under sections 5107.40 to 5107.69 of the
Revised Code loses eligibility for
medical assistance unless the adult is otherwise eligible for
medical assistance pursuant to another division of section
5111.01 of the Revised
Code. (F) An assistance group that would be participating in
Ohio works first if not for a sanction under this section shall
continue to be eligible for all of the following: (1) Publicly funded child day-care care in accordance with division
(A)(3) of section 5104.30 of the Revised Code; (2) Support services in accordance with section 5107.66 of the
Revised Code; (3) To the extent permitted by the "Fair Labor
Standards Act of 1938," 52 Stat. 1060, 29 U.S.C.A.
201, as amended, to participate in work activities, developmental activities,
and alternative work activities in accordance with sections 5107.40 to 5107.69
of the Revised Code.
Sec. 5107.26. (A) As used in this section: (1) "Transitional child
day-care care" means publicly funded child day-care care provided
under division (A)(3) of section
5104.34 of the Revised Code. (2) "Transitional medicaid" means the medical
assistance provided under section
5111.023 of the Revised Code. (B) Except as provided in division (C) of this section,
each member of an assistance group participating in Ohio works
first is ineligible
to participate in the program for
six payment months
if a county department of job and family services
determines that a
member of the assistance group terminated the
member's employment and each person who, on the day prior to the day
a recipient begins to receive transitional child day-care care or transitional
medicaid, was a member of the recipient's assistance
group is ineligible to participate in Ohio works first for
six
payment
months if a county department determines
that the recipient terminated the
recipient's
employment. (C) No assistance group member shall
lose or be denied eligibility to participate in Ohio works
first
pursuant to division (B) of
this section if the termination of employment was because an assistance
group member or recipient of transitional child day-care care or transitional
medicaid secured comparable or better employment or the county department
of
job and family services certifies that the
member
or recipient terminated the employment
with just cause. Just cause includes the following: (1) Discrimination by an employer based on age, race,
sex, color, handicap, religious beliefs, or national origin; (2) Work demands or conditions that render continued
employment unreasonable, such as working without being paid on
schedule; (3) Employment that has become unsuitable due to any of
the following: (a) The wage is less than the federal minimum wage; (b) The work is at a site subject to a strike or
lockout, unless the strike has been enjoined under section 208
of the "Labor-Management
Relations Act," 61 Stat. 155 (1947), 29
U.S.C.A.
178, as amended, an injunction has been issued under section
10 of the "Railway Labor Act," 44 Stat.
586 (1926), 45 U.S.C.A.
160, as amended, or an injunction has been issued under section 4117.16
of the Revised Code; (c) The documented degree of risk to
the member or recipient's health and
safety is
unreasonable; (d) The member or recipient is physically or
mentally unfit to perform the employment, as documented by
medical evidence or by reliable information from other
sources. (4) Documented illness of the
member or recipient or of another assistance
group member
of the member or recipient requiring the presence of the member or
recipient; (5) A documented household emergency; (6) Lack of adequate child care for children of the
member or recipient who are under six years of
age.
Sec. 5107.30. (A) As used in this section: (1) "LEAP program" means the learning, earning, and
parenting program. (2) "Teen" means a participant of Ohio works
first who is under age
eighteen or is age eighteen and in school and is a natural or adoptive parent or is pregnant. (3) "School" means an educational program that is designed
to lead to the attainment of a high school diploma or the
equivalent of a high school diploma. (B) The director of job and
family services may adopt rules under
section 5107.05 of the Revised Code, to the extent that
such rules
are consistent with federal law, to do all of the following: (1) Define "good cause" and "the equivalent of a high
school diploma" for the purposes of this section; (2) Conduct
a program titled the "LEAP program" and establish requirements
governing
the program. The purpose of the LEAP program is to encourage
teens to complete school. (3) Require every teen who is subject to LEAP program
requirements to attend school in accordance with the requirements
governing the program unless the teen shows good cause for not
attending school. The department shall provide, in addition to
the cash assistance payment provided under Ohio works
first,
an incentive payment, in an amount determined by the department,
to every teen who is participating in the LEAP program and
attends school in accordance with the requirements governing the
program. The department shall reduce the cash assistance
payment, in an
amount determined by the department, under Ohio works first to
every teen
participating in the LEAP program who
fails or refuses, without good cause, to meet the requirements governing the program. (4) Require every teen who is subject to LEAP program
requirements to enter into a written agreement with the county department of
job and family services that provides all of the
following: (a) The teen, to be eligible to receive the incentive
payment under division (B)(3) of this section, must meet the requirements of the LEAP program. (b) The county department will provide the incentive
payment to the teen if the teen meets the requirements of the LEAP program. (c) The county department will reduce the cash assistance
payment under Ohio works
first if the teen fails or
refuses without good cause to attend school in accordance with the requirements
governing the LEAP program. (C) A minor head of household who is participating in the LEAP program
shall be considered to be participating in a work activity
for
the purpose of sections 5107.40 to
5107.69 of the Revised Code. However, the minor head of household is not
subject to the
requirements or sanctions of
those sections.
(D) Subject to the availability of funds, county departments of job and family services shall provide for LEAP participants to receive support services the county department determines to be necessary for LEAP participation. Support services may include publicly funded child day-care care under Chapter 5104. of the Revised Code, transportation, and other services.
Sec. 5107.58. In
accordance with a federal waiver granted by
the United
States secretary of health and human services pursuant
to a request
made under former section 5101.09 of the Revised
Code, county departments of
job and family services may establish
and administer as a
work activity for minor heads
of households
and adults participating in
Ohio works first an education program
under which the participant is enrolled full-time in
post-secondary education
leading to vocation
at a state
institution of higher education, as defined in section
3345.031 of
the Revised
Code; a private nonprofit college or
university that
possesses a certificate of authorization issued by the
Ohio board
of regents pursuant to
Chapter 1713. of the
Revised Code,
or is
exempted by division (E) of section
1713.02 of the Revised
Code
from the requirement of a certificate; a
school that holds a
certificate of registration and program authorization
issued by
the state board of
career colleges
and schools under
Chapter
3332. of the
Revised Code;
a private
institution exempt from
regulation under Chapter 3332. of the
Revised Code as prescribed
in section 3333.046 of the Revised
Code; or a
school that has
entered into a contract with the county
department
of
job and
family services.
The participant shall make
reasonable
efforts,
as
determined by the county department, to
obtain a loan,
scholarship, grant, or
other assistance to pay for
the
tuition,
including a federal Pell grant
under 20
U.S.C.A.
1070a and an
Ohio
instructional grant under
section 3333.12 of the
Revised Code. If
the participant has made reasonable efforts but
is
unable to
obtain sufficient assistance to pay the tuition the
program may
pay the tuition. On or after October 1, 1998, the
county
department
may enter into a
loan agreement with the
participant to
pay the tuition. The total period for
which
tuition is paid and
loans made shall not exceed two years.
If
the participant,
pursuant to division
(B)(3) of section 5107.43 of
the Revised
Code, volunteers to participate
in the education
program for more
hours each week than the
participant is assigned
to the program,
the program may pay or the county
department may
loan the
cost of
the tuition for the additional voluntary hours as
well
as the cost
of the tuition for the assigned number of hours.
The participant
may receive, for not more than
three years,
support services,
including publicly funded child
day-care care under
Chapter 5104. of
the Revised Code and transportation, that
the
participant needs to
participate in the program. To receive
support services in the
third year, the participant must be, as
determined by the
educational institution in which the participant
is enrolled, in
good standing with the institution.
A county department that provides loans under this section
shall establish
procedures governing loan application for and
approval and administration of
loans granted pursuant to this
section.
Sec. 5107.66. Subject to the
availability of funds and
except as limited by
section 5107.58 of the Revised Code, county
departments of job
and family services
shall provide
for
participants of Ohio works first placed in a work activity,
developmental activity, or alternative work activity to receive
support
services the county department determines to be necessary.
County departments may provide for applicants of Ohio works first
placed in the work activity established under section 5107.50 of
the
Revised Code to receive support services the county
department
determines to be necessary. Support services may include publicly
funded child
day-care care under Chapter 5104. of the Revised Code,
transportation, and other services.
Sec. 5153.175. (A) Notwithstanding sections 2151.421 and 5153.17 and any other section of the Revised Code pertaining to confidentiality, a public children services agency shall promptly provide to the department of job and family services or to a county department of job and family services any information the public children services agency determines to be relevant for the purpose of evaluating the fitness of a person who has applied for licensure or renewal of licensure as a type A family day-care home or certification or renewal of certification as a type B family day-care home, including, but not limited to, both of the following:
(1) A summary report of the chronology of abuse and neglect reports made pursuant to section 2151.421 of the Revised Code of which the person is the subject and the final disposition of the investigation of the reports or, if the investigations have not been completed, the status of the investigations;
(2) Any underlying documentation concerning those reports.
(B) The agency shall not include in the information provided to the department or county department under division (A) of this section the name of the person or entity that made the report or participated in the making of the report of child abuse or neglect.
Sec. 5733.38. This section applies only to tax years 1999, 2000, 2001,
2002, and 2003. A nonrefundable credit is allowed against the tax imposed by sections 5733.06,
5733.065, and 5733.066 of the Revised Code equal to fifty per cent of the
amount incurred by a taxpayer during the taxable year immediately preceding
the tax year to reimburse employees of the taxpayer for child day-care
care expenses. The amount of the credit for a tax year shall not exceed seven
hundred fifty dollars per child. The taxpayer shall count toward the credit only reimbursements it
pays to or for the benefit of employees for amounts paid by those employees
for child day-care care provided to dependents of the employees at
child day-care centers licensed under section 5104.03 of the
Revised Code. The taxpayer shall not count toward the
credit any amount it paid directly or indirectly in connection with a plan or
program described in section 125 of the Internal Revenue
Code or under section 5733.36 of the Revised Code. The taxpayer shall claim
the credit in the order required under section 5733.98 of the Revised Code.
Sec. 5733.98. (A) To provide a uniform procedure for
calculating the amount of tax imposed by section 5733.06 of the
Revised Code
that is due under this chapter, a taxpayer
shall
claim any credits to which it is entitled in the following order,
except as otherwise provided in section 5733.058 of the Revised
Code: (1) The credit for taxes paid by a qualifying pass-through
entity allowed
under section 5733.0611 of the Revised Code; (2) The credit allowed for financial institutions under
section 5733.45 of the Revised Code;
(3) The credit for qualifying affiliated groups under
section
5733.068 of the Revised Code; (4) The subsidiary corporation credit under section
5733.067
of the Revised Code; (5) The savings and loan assessment credit under section
5733.063 of the Revised Code; (6) The credit for recycling and litter prevention
donations
under section
5733.064 of the Revised Code; (7) The credit for employers that enter into
agreements with
child day-care centers under section 5733.36 of the
Revised Code; (8) The credit for employers that reimburse employee child
day-care
care expenses under section 5733.38 of the Revised
Code; (9) The credit for maintaining railroad active grade
crossing
warning
devices under section 5733.43 of the Revised
Code; (10) The credit for purchases of lights and reflectors under
section
5733.44 of the Revised Code; (11) The job retention credit under division (B) of section
5733.0610 of the Revised Code; (12) The credit for
losses on loans made under the Ohio venture capital
program under sections 150.01 to 150.10 of the Revised Code if the
taxpayer elected a nonrefundable credit under section 150.07 of
the Revised Code; (13) The credit for purchases of new manufacturing
machinery
and equipment under section 5733.31 or section 5733.311
of the
Revised Code; (14) The second credit for purchases of new
manufacturing
machinery and equipment under
section 5733.33 of the
Revised Code; (15) The job training credit under section 5733.42 of
the
Revised
Code; (16) The credit for qualified research expenses under
section 5733.351 of
the Revised Code; (17) The enterprise zone credit under section 5709.66 of
the
Revised Code; (18) The credit for the eligible costs associated with a
voluntary action under section 5733.34
of the Revised Code; (19) The credit for employers that establish on-site
child
day-care centers under section 5733.37 of the Revised
Code; (20)
The ethanol plant investment credit under section
5733.46 of the Revised Code; (21) The credit for purchases of qualifying grape
production
property under section 5733.32 of the Revised Code; (22) The export sales credit under section 5733.069 of
the
Revised Code; (23) The credit for research and development and
technology
transfer investors under section 5733.35 of the Revised
Code; (24) The enterprise zone credits under section 5709.65
of
the
Revised Code; (25) The credit for using Ohio coal under section
5733.39
of
the
Revised Code; (26)
The research and development credit under section 5733.352 of the Revised Code; (27) The credit for small telephone companies under section 5733.57 of the Revised Code; (27)(28) The credit for eligible nonrecurring 9-1-1 charges under section 5733.55 of the Revised Code;
(28)(29) The credit for providing programs to aid the communicatively impaired under section 5733.56 of the Revised Code;
(29)(30) The refundable jobs creation credit under
division
(A)
of section
5733.0610 of the Revised Code;
(28)(30)(31) The refundable credit for tax withheld under
division
(B)(2) of section 5747.062 of the Revised Code;
(29)(31)(32) The credit for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a refundable credit under section 150.07 of the Revised Code.
(B) For any credit except the
credits enumerated
in divisions (A)(29), (30),, and (29) (31), and (32) of this section, the amount of the
credit for a tax year shall not
exceed
the tax due after allowing
for any other credit that
precedes it
in the order required under
this section. Any excess
amount of a
particular credit may be
carried forward if authorized
under the
section creating that
credit.
Sec. 5747.36. This section applies only for taxable years beginning after
December 31, 1996, but beginning prior to January 1, 2003. (A) As used in this section, "pass-through entity" has the same meaning
as in division (O) of section 5733.04 of the Revised Code and includes a sole
proprietorship. (B) A nonrefundable credit is allowed against the tax imposed by
section 5747.02 of the Revised Code equal to fifty per cent of the amount
incurred by a pass-through entity during a taxable year to reimburse employees
of the pass-through entity for child day-care care expenses. The amount of the
credit for a taxable year shall not exceed seven hundred fifty dollars per
child. The pass-through entity shall count toward the credit only reimbursements it
pays to or for the benefit of employees for amounts paid by those employees
for child day-care care provided to dependents of the employees at child day-care centers
licensed under section 5104.03 of the Revised Code. The pass-through entity
shall not count toward the credit any amount it paid directly or indirectly in
connection with a plan or program described in section 125 of the Internal
Revenue Code or under section 5747.34 of the Revised Code. The amount of a taxpayer's credit is the taxpayer's proportionate share of the
credit distributed by the pass-through entity. The taxpayer shall claim the
credit in the order required under section 5747.98 of the Revised Code.
Sec. 5747.98. (A) To provide a uniform procedure for
calculating the amount of tax due under section 5747.02 of the
Revised Code, a taxpayer shall claim any credits to which the
taxpayer is
entitled in the following order: (1) The retirement income credit under division (B) of
section 5747.055 of the Revised Code; (2) The senior citizen credit under division (C) of
section
5747.05 of the Revised Code; (3) The lump sum distribution credit under division (D) of
section 5747.05 of the Revised Code; (4) The dependent care credit under section 5747.054 of
the
Revised Code; (5) The lump sum retirement income credit under division
(C)
of section 5747.055 of the Revised Code; (6) The lump sum retirement income credit under division
(D)
of section 5747.055 of the Revised Code; (7) The lump sum retirement income credit under division
(E)
of section 5747.055 of the Revised Code; (8) The credit for displaced workers who pay for job
training under section 5747.27 of the Revised Code; (9) The campaign contribution credit under section
5747.29
of
the Revised Code; (10) The twenty-dollar personal exemption credit under
section 5747.022 of the Revised Code; (11) The joint filing credit under division (G) of
section
5747.05 of the Revised Code; (12) The nonresident credit under division (A) of
section
5747.05 of the Revised Code; (13) The credit for a resident's out-of-state income
under
division (B) of section 5747.05 of the Revised Code; (14) The credit for employers that enter
into agreements
with child day-care centers under section 5747.34 of the
Revised
Code; (15) The credit for employers that reimburse employee
child
day-care
care expenses under section 5747.36 of the Revised Code; (16) The credit for adoption of a minor child under section
5747.37 of the Revised Code; (17) The credit for purchases of lights and reflectors under
section
5747.38 of the Revised Code; (18)
The job retention credit under division (B) of section
5747.058 of the Revised Code; (19) The credit for losses on loans made under the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code if the taxpayer elected a nonrefundable credit under section 150.07 of the Revised Code; (20) The credit for purchases of new manufacturing
machinery
and equipment
under section 5747.26 or section 5747.261
of the
Revised Code; (21) The second credit for purchases of new
manufacturing
machinery and
equipment and the credit for using
Ohio coal under
section 5747.31 of the
Revised Code; (22) The job training credit under section 5747.39 of
the
Revised Code;
(23) The enterprise zone credit under section 5709.66 of
the
Revised Code; (24) The credit for the eligible costs associated with a
voluntary action
under section 5747.32 of the Revised Code; (25) The credit
for employers that establish on-site
child
day-care centers under section
5747.35 of the Revised Code; (26)
The ethanol plant investment credit under section
5747.75 of the Revised Code; (27) The credit for purchases of qualifying grape
production
property under section 5747.28 of the Revised Code; (28) The export sales credit under section 5747.057 of
the
Revised Code; (29) The credit for research and development and
technology
transfer investors under section 5747.33 of the Revised
Code; (30)
The enterprise zone credits under
section 5709.65
of
the
Revised Code; (31) The research and development credit under section 5747.331 of the Revised Code; (32) The refundable jobs creation credit
under
division
(A)
of section
5747.058 of the Revised Code; (33) The refundable credit for taxes paid by a
qualifying
entity granted under section 5747.059 of the Revised
Code; (34) The refundable credits for taxes paid by a
qualifying
pass-through
entity granted under division (J) of
section 5747.08
of the Revised Code; (35) The refundable credit for tax withheld under
division
(B)(1) of section 5747.062 of the Revised Code;
(36) The credit for losses on loans made to the Ohio venture
capital program under sections 150.01 to 150.10 of the Revised
Code if the taxpayer elected a refundable credit under section
150.07 of the Revised Code. (B) For any credit, except the credits enumerated
in divisions (A)(32) to (36) of
this
section
and
the
credit granted under division
(I) of
section
5747.08 of
the
Revised Code, the amount of the credit
for
a
taxable year
shall
not
exceed the tax due after allowing for any
other credit
that
precedes it in the order required under this
section. Any
excess
amount of a particular credit may be carried
forward if
authorized
under the section creating that credit.
Nothing in this
chapter
shall be construed to allow a taxpayer to
claim, directly
or
indirectly, a
credit more than once for a
taxable year.
SECTION 2. That existing sections 109.572, 307.86, 329.06, 2151.011, 2923.124, 3109.051, 3109.18, 3301.52, 3301.521, 3301.53, 3301.56, 3301.59, 3313.646, 3318.01, 3701.21, 3737.22, 3742.01, 3742.02, 3742.06, 3742.07, 3742.071, 3742.35, 3742.36, 3742.37, 3742.38, 3742.39, 3742.40, 3742.41, 3742.42, 3742.43, 3742.45, 3742.48, 5101.16, 5101.47, 5101.851, 5101.97, 5104.01, 5104.011, 5104.013, 5104.015, 5104.02, 5104.03, 5104.04, 5104.053, 5104.06, 5104.07, 5104.08, 5104.081, 5104.09, 5104.11, 5104.12, 5104.30, 5104.301, 5104.31, 5104.32, 5104.33, 5104.34, 5104.341, 5104.35, 5104.36, 5104.38, 5104.382, 5104.39, 5104.40, 5104.41, 5104.42, 5104.43, 5104.99, 5107.16, 5107.26, 5107.30, 5107.58, 5107.66, 5733.38, 5733.98, 5747.36, and 5747.98 and sections 2151.861 and 5104.381 of the Revised Code are hereby repealed.
SECTION 3. The amendment of section 5104.01 of the Revised Code by this act is not intended to supersede the earlier amendment, with delayed effective date, of division (T) of that section by Section 195 of Am. Sub. H.B. 95 of the 125th General Assembly.
SECTION 4. Section 109.572 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 117, Am. Sub. H.B. 306, Am. Sub. S.B. 53 and Am. S.B. 178 of
the 125th General Assembly. Section 5104.04 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 40 and Am. Sub. H.B. 95 of
the 125th General Assembly. Section 5733.98 of the Revised Code is presented in
this act as a composite of the section as amended by both Am. Sub. H.B. 1 and Am. Sub. H.B. 95 of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composites are the resulting
versions of the sections in effect prior to the effective date of
the sections as presented in this act.
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