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Sub. H. B. No. 11As Reported by the House Health CommitteeAs Reported by the House Health Committee
125th General Assembly | Regular Session | 2003-2004 |
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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, Yates, G. Smith, Cirelli, Fessler, DeBose, Reidelbach, Barrett, Harwood, Schneider, Blasdel, Hoops, Taylor, White
A BILL
To amend section 5104.011 and to enact sections 2919.223, 2919.224, 2919.225, 2919.226, and 2919.227 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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5104.011 be amended and sections 2919.223, 2919.224, 2919.225, 2919.226, and 2919.227 of the Revised Code be enacted to read as follows:
Sec. 2919.223. As used in sections 2919.223 to 2919.227 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 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 day-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 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 person who represents that the person provides child
day-care. (E) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
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 who is 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
the child day-care facility at one time;
(4) The conditions or safety features of the day-care
facility; (5) The area of the child day-care facility 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
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 day-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 day-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 day-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 day-care from the owner, provider, or
administrator dies while under the care of the
home or while receiving child day-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 day-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 day-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 day-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 day-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 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 home is located or the
child day-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 day-care provider accurately answers the questions on a child day-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 day-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 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 home 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? (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? (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?
(Yes/No) Description/explanation (attach additional sheets if
necessary)
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Signature of person completing form |
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Date |
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Name of person completing form |
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(Typed or printed) |
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Title of person completing form |
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(Typed or printed) |
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| 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.
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Person receiving the form |
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Date" |
(C) If a child day-care provider accurately answers the questions on 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, 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 day-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) 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 day-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 day-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 day-care from the owner, provider, or administrator of the center. (3) Each child day-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 day-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 day-care from the owner, provider, or administrator of the center dies while under the care of the center or while receiving child day-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 day-care from the owner, provider, or administrator.
(2) A child day-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 day-care from the center; (b) The public children services agency of the county in which the center is located or the child day-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 day-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 day-care was given.
(3) A child day-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 day-care center to disclose the death or serious injury of a child, a misdemeanor of the fourth degree.
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 and the needs of
children receiving child day-care or publicly funded child
day-care and, no later than January 1, 1992, shall include
specific rules for school child day-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 or publicly funded child
day-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 or
publicly funded
child day-care in the center; (18) A procedure for reporting 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 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:
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Maximum Number of |
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Children Per |
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Maximum |
Age Category |
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Child-Care |
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Group |
of Children |
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Staff Member |
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Size |
(a) Infants: |
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(i) Less than twelve |
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months old |
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5:1, or |
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12:2 if two |
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child-care |
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staff members |
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are in the room |
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12 |
(ii) At least twelve |
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months old, but |
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less than eighteen |
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months old |
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6:1 |
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12 |
(b) Toddlers: |
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(i) At least eighteen |
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months old, but |
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less than thirty |
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months old |
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7:1 |
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14 |
(ii) At least thirty months |
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old, but less than |
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three years old |
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8:1 |
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16 |
(c) Preschool |
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children: |
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(i) Three years old |
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12:1 |
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24 |
(ii) Four years old and |
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five years old who |
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are not school |
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children |
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14:1 |
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28 |
(d) School children: |
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(i) A child who is |
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enrolled in or is
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eligible to be |
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enrolled in a grade
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of kindergarten |
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or above, but |
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is less than
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eleven years
old |
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18:1 |
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36 |
(ii) Eleven through fourteen |
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years old |
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20:1 |
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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 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 and the needs
of
children receiving child day-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 or publicly funded child
day-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 or
publicly funded
child day-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
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 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 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
during the provisional period. Except
as otherwise provided in
division (G)(1) of this section, 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 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 or
publicly funded child day-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 or publicly funded child
day-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 or
publicly funded
child day-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 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 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 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 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 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 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) The director of job and family services shall send
copies of
proposed rules to each licensee and each county director
of
job and family services and shall give public notice of
hearings
regarding the
rules to each licensee and each county
director of job and
family services at least thirty days prior to
the date of the public
hearing, in
accordance with section 119.03
of the Revised Code. Prior to the
effective date of a rule, the
director of job and family
services shall
provide copies of the
adopted rule to each licensee and each
county director of job and
family services. 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 the effective date
of a
rule, the county director of job and family services shall
provide copies of the adopted rule to each authorized provider and
in-home
aide. 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. (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.
Section 2. That existing section 5104.011 of the Revised Code is hereby repealed.
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