130th Ohio General Assembly
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H. B. No. 11As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 11


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;
(2) An in-home aide;
(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;
(5) A peace officer.
(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):
...............................................................
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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.):
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3. Where in the center, home, school, program, or other premises will you provide child day-care to the applicant child?:
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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)
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...............................................................
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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)
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...............................................................
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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)
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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.
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Signature of person completing form Date
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Name of person completing form
(Typed or printed)
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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 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.
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