The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
H. B. No. 11As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
| |
REPRESENTATIVES Jerse, Redfern, Allen, Raga, Miller, Widowfield, S. Patton, Hartnett, Kearns, Seitz, Oelslager, D. Stewart, Hollister, Strahorn, Boccieri, Sykes, Perry, Olman, DePiero, Hagan, Otterman, Raussen, Sferra, Price, Carano, Ujvagi, Koziura, Seaver, Domenick
A BILL
To enact sections 2919.223, 2919.224, 2919.225, and
2919.226 of the Revised Code to create the offenses
of misrepresentation by a child day-care provider
and failure to disclose the death or serious injury
of a child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2919.223, 2919.224, 2919.225, and
2919.226 of the Revised Code be enacted to read as follows:
Sec. 2919.223. As used in sections 2919.223 to 2919.226 of
the Revised Code: (A) "Child day-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 day-care facility" means a child day-care center,
a type A family day-care home, a type B family day-care home, or a
type C family day-care home. (C) "Child day-care provider" means any of the following: (1)
An owner, provider, administrator, or employee of, or
volunteer
at, a child day-care facility; (3) A director or employee of, or volunteer at, a preschool
program or school child program; (4) A person who represents that the person provides child
day-care. (D) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code. (E) "Preschool program" and "school child program" have the
same meanings as in section 3301.52 of the Revised Code. (F) "Type C family day-care home" means a family day-care
home authorized to provide child day-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.
Sec. 2919.224. (A) No child day-care provider shall knowingly
misrepresent any factor or condition that relates to the provision
of child day-care and that substantially affects the health or
safety of any child or children in that provider's facility or
receiving child day-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 day-care from
the provider; (2) A parent, guardian, custodian, or other person
responsible for the care of a child considering the provider as a
child day-care provider for the child; (3) A public official responsible for issuing the provider a
license or certificate to provide child day-care; (4) A public official investigating or inquiring about the
provision of child day-care by the provider; (B) For the purposes of this section, "any factor or
condition that relates to the provision of child day-care"
includes, but is not limited to, the
following: (1) The person or persons who will provide child day-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 day-care of the child
day-care provider, of a person employed by the provider, or of a
person who provides child day-care as a volunteer; (3) The number of children to whom child day-care is provided
at one time or the number of children receiving child day-care in
a child day-care facility or school at one time;
(4) The conditions or safety features of the day-care
facility or school; (5) The area of the child day-care facility or school in
which child day-care is provided. (C) Whoever violates division (A) of this section is guilty
of misrepresentation by a child day-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
child
day-care facility and no director of a preschool program or
school child program, knowing that the event described in division
(A)(1) or (2) of this section has occurred, shall accept a child
into that facility or program 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 facility or
program
or while receiving child day-care from the owner,
provider, administrator, or director or died as a result of
injuries suffered
while under the care of the
facility or
program
or while receiving child day-care from the owner, provider,
administrator, or director. (2) Within the preceding ten years, a child suffered injuries
while under the care of the
facility or
program or while
receiving
child day-care from the owner, provider, administrator,
or
director, 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 child
day-care facility and no director of a preschool program or school
child program 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 facility or program
or is receiving child day-care from the owner, provider,
administrator, or director dies while under the care of the
facility or program or while receiving child day-care from the
owner, provider, administrator, or director or dies as a result of
injuries suffered while under the care of the facility or program
or while receiving child day-care from the owner, provider,
administrator, or director. (b) A child who is under the care of the facility or program
or is receiving child day-care from the owner, provider,
administrator, or director is hospitalized for more than
twenty-four hours as a result of injuries suffered while under the
care of the facility or program or while receiving child day-care
from the owner, provider, administrator, or director. (2) An owner, provider, or administrator of a facility or a
director of a program 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 day-care at the facility or program or from the
owner, provider, administrator, or director, 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
facility or program is located or the child day-care was given, a
municipal or county peace officer in the county in which the child
resides or in which the facility or program is located or the
child day-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 facility or program is located or the
child day-care was given. (3) An owner, provider, or administrator of a facility or a
director of a program 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 facility or program,
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
facility or program, and the child subsequently dies as a result
of those injuries, the owner, provider, administrator, or director
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 and identify the
cause of, and circumstances surrounding, the death or injuries. (C)(1) 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. (2) Divisions (A) and (B)(1) of this section apply to the owner, provider, or administrator of a child day-care center or type A family day-care home that provides child day-care at five or more separate premises, and to the director of a preschool program or school child program that provides child day-care at five or more separate premises, only as follows:
(a) Division (A) of this section applies to the owner, provider, administrator, or director only to the extent that the event described in division (A)(1) or (2) of this section occurred at the same premises at which the child who is being accepted into the center, home, or program for the provision of child day-care will be provided the child day-care. Division (A) of this section does not apply to the owner, provider, administrator, or director if the child who is being accepted into the center, home, or program for the provision of child day-care will be provided the child day-care at a premises other than the premises at which the event described in division (A)(1) or (2) of this section occurred.
(b) Division (B)(1) of this section applies to the owner, provider, administrator, or director, regarding notice to a person identified in division (B)(2)(a) of this section, only to the extent that the event described in division (B)(1)(a) or (b) of this section occurs at the same premises at which the child whose parent, guardian, custodian, or other person is described in division (B)(2)(a) of this section is receiving or is enrolled to receive child day-care. Division (B)(1) of this section does not apply to the owner, provider, administrator, or director, regarding notice to a person identified in division (B)(2)(a) of this section, if the child whose parent, guardian, custodian, or other person described in division (B)(2)(a) of this section is receiving or is enrolled to receive child day-care at a premises other than the premises at which the event described in division (B)(1)(a) or (b) of this section occurred. Division (B)(1) of this section applies to the owner, provider, administrator, or director, regarding notice to the persons and entities identified in division (B)(2)(b) of this section, in every case in which an event described in division (B)(1)(a) of this section occurred. (D) Whoever violates division (A) or (B) of this section is
guilty
of failure to disclose the death or serious injury of a
child, a
misdemeanor of the fourth degree.
Sec. 2919.226. (A) If a person completely and accurately
completes a child day-care disclosure form that is in
substantially the form set forth in division (B) of this section
and presents the form to a person identified in division (A)(1) or (2) of
section 2919.224 of the Revised Code, to the extent that the
information set forth on the form is accurate, the person who
presents the form is not subject to prosecution under division (A)
of section 2919.224 of the Revised Code regarding the presentation
of that information to that person. A person required to make a
disclosure of the type
described in division (A) of section
2919.225 of the Revised Code
may comply with that section by
completely and accurately
completing a child day-care disclosure
form that is in
substantially the form set forth in division (B)
of this section and providing a copy of the completed 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. 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 day-care disclosure form shall be in
substantially the following form:
"CHILD DAY-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 day-care
services to ensure that those services remain satisfactory. If a
question on this form is left unanswered, the child day-care
provider makes no assertion regarding the question. Choosing
appropriate child day-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
day-care provider the person is not relying on any representations
other than those provided in this form unless the child day-care
provider has acknowledged the other representations in writing. 1. What are the names and qualifications to provide child
day-care of:
(a) the child day-care provider, (b) the employee who
will provide
child day-care to the applicant child, (c) the
volunteer who will
provide child day-care to the applicant child,
and (d) any other
employees or volunteers of the child day care
provider? (attach
additional sheets if necessary): ............................................................... ............................................................... ............................................................... 2. What is the maximum number of children to whom you
provide child day-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 center, home, school, program, or other
premises will you provide
child day-care to the applicant child?: ............................................................... ............................................................... ............................................................... 4. Has a child died while in the care of, or receiving child day-care from, the child day-care
provider (see paragraph (7), below, regarding the information provided in response to this question)? (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 day-care from, the child day-care provider (see paragraph (7), below, regarding the information provided in response to this question)? (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 day-care from, the
child day-care provider that
led to the child being hospitalized
for more than 24 hours (see paragraph (7), below, regarding the information provided in response to this question)?
(Yes/No) Description/explanation (attach additional sheets if
necessary)
............................................................... ............................................................... ............................................................... 7. It is important to note that if the information on this form is being provided by a child day-care center, type A family day-care home, preschool program, or school child program that provides child day-care at five or more separate premises, the information set forth in response to questions (4), (5), and (6) on this form pertains only to the same premises at which the applicant child will be provided the child day-care.
................................... |
|
...................... |
Signature of person completing form |
|
Date |
................................... |
|
|
Name of person completing form |
|
|
(Typed or printed) |
|
|
................................... |
|
|
Title of person completing form |
|
|
(Typed or printed) |
|
|
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 day-care provider unless
the child day-care provider has acknowledged the other
representations in writing.
................................... |
|
...................... |
Person receiving the form |
|
Date" |
(C) If a person completely and accurately completes a disclosure
form that is substantially similar to the form described in
division (B) of this section and presents the form to a person
identified in division (A)(1) or (2) of section 2919.224 of the Revised
Code, 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. A person who completely and
accurately completes a
disclosure form that is substantially
similar to the form
described in division (B) of this section and
who 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 complies with the
requirements of that division. If a person uses the disclosure
form, the person's 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
child day-care facility or the
director of a
preschool program or
school child program 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 and require
the person
receiving the form to
acknowledge that receipt on the
copy
retained by the owner,
provider, administrator, or director.
|
|