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S. B. No. 268 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 5104.01 and 5104.38 and to enact
section 5104.023 of the Revised Code to permit a
type B family day-care home to have more than six
children on the premises under certain
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5104.01 and 5104.38 be amended and
section 5104.023 of the Revised Code be enacted to read as
follows:
Sec. 5104.01. As used in this chapter:
(A) "Administrator" means the person responsible for the
daily operation of a center, type A home, or type B home. The
administrator and the owner may be the same person.
(B) "Approved child day camp" means a child day camp approved
pursuant to section 5104.22 of the Revised Code.
(C) "Border state child care provider" means a child care
provider that is located in a state bordering Ohio and that is
licensed, certified, or otherwise approved by that state to
provide child care.
(D) "Career pathways model" means an alternative pathway to
meeting the requirements to be a child-care staff member or
administrator that does both of the following:
(1) Uses a framework approved by the director of job and
family services to document formal education, training,
experience, and specialized credentials and certifications;
(2) Allows the child-care staff member or administrator to
achieve a designation as an early childhood professional level
one, two, three, four, five, or six.
(E) "Caretaker parent" means the father or mother of a child
whose presence in the home is needed as the caretaker of the
child, a person who has legal custody of a child and whose
presence in the home is needed as the caretaker of the child, a
guardian of a child whose presence in the home is needed as the
caretaker of the child, and any other person who stands in loco
parentis with respect to the child and whose presence in the home
is needed as the caretaker of the child.
(F) "Chartered nonpublic school" means a school that meets
standards for nonpublic schools prescribed by the state board of
education for nonpublic schools pursuant to section 3301.07 of the
Revised Code.
(G) "Child" includes an infant, toddler, preschool-age child,
or school-age child.
(H) "Child care block grant act" means the "Child Care and
Development Block Grant Act of 1990," established in section 5082
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.
1388-236 (1990), 42 U.S.C. 9858, as amended.
(I) "Child day camp" means a program in which only school-age
children attend or participate, that operates for no more than
seven hours per day, that operates only during one or more public
school district's regular vacation periods or for no more than
fifteen weeks during the summer, and that operates outdoor
activities for each child who attends or participates in the
program for a minimum of fifty per cent of each day that children
attend or participate in the program, except for any day when
hazardous weather conditions prevent the program from operating
outdoor activities for a minimum of fifty per cent of that day.
For purposes of this division, the maximum seven hours of
operation time does not include transportation time from a child's
home to a child day camp and from a child day camp to a child's
home.
(J) "Child care" means administering to the needs of infants,
toddlers, preschool-age children, and school-age children outside
of school hours by persons other than their parents or guardians,
custodians, or relatives by blood, marriage, or adoption for any
part of the twenty-four-hour day in a place or residence other
than a child's own home.
(K) "Child day-care center" and "center" mean any place in
which child care or publicly funded child care is provided for
thirteen or more children at one time or any place that is not the
permanent residence of the licensee or administrator in which
child care or publicly funded child care is provided for seven to
twelve children at one time. In counting children for the purposes
of this division, any children under six years of age who are
related to a licensee, administrator, or employee and who are on
the premises of the center shall be counted. "Child day-care
center" and "center" do not include any of the following:
(1) A place located in and operated by a hospital, as defined
in section 3727.01 of the Revised Code, in which the needs of
children are administered to, if all the children whose needs are
being administered to are monitored under the on-site supervision
of a physician licensed under Chapter 4731. of the Revised Code or
a registered nurse licensed under Chapter 4723. of the Revised
Code, and the services are provided only for children who, in the
opinion of the child's parent, guardian, or custodian, are
exhibiting symptoms of a communicable disease or other illness or
are injured;
(3) A place that provides child care, but not publicly funded
child care, if all of the following apply:
(a) An organized religious body provides the child care;
(b) A parent, custodian, or guardian of at least one child
receiving child care is on the premises and readily accessible at
all times;
(c) The child care is not provided for more than thirty days
a year;
(d) The child care is provided only for preschool-age and
school-age children.
(L) "Child care resource and referral service organization"
means a community-based nonprofit organization that provides child
care resource and referral services but not child care.
(M) "Child care resource and referral services" means all of
the following services:
(1) Maintenance of a uniform data base of all child care
providers in the community that are in compliance with this
chapter, including current occupancy and vacancy data;
(2) Provision of individualized consumer education to
families seeking child care;
(3) Provision of timely referrals of available child care
providers to families seeking child care;
(4) Recruitment of child care providers;
(5) Assistance in the development, conduct, and dissemination
of training for child care providers and provision of technical
assistance to current and potential child care providers,
employers, and the community;
(6) Collection and analysis of data on the supply of and
demand for child care in the community;
(7) Technical assistance concerning locally, state, and
federally funded child care and early childhood education
programs;
(8) Stimulation of employer involvement in making child care
more affordable, more available, safer, and of higher quality for
their employees and for the community;
(9) Provision of written educational materials to caretaker
parents and informational resources to child care providers;
(10) Coordination of services among child care resource and
referral service organizations to assist in developing and
maintaining a statewide system of child care resource and referral
services if required by the department of job and family services;
(11) Cooperation with the county department of job and family
services in encouraging the establishment of parent cooperative
child care centers and parent cooperative type A family day-care
homes.
(N) "Child-care staff member" means an employee of a child
day-care center or type A family day-care home who is primarily
responsible for the care and supervision of children. The
administrator may be a part-time child-care staff member when not
involved in other duties.
(O) "Drop-in child day-care center," "drop-in center,"
"drop-in type A family day-care home," and "drop-in type A home"
mean a center or type A home that provides child care or publicly
funded child care for children on a temporary, irregular basis.
(P) "Employee" means a person who either:
(1) Receives compensation for duties performed in a child
day-care center or type A family day-care home;
(2) Is assigned specific working hours or duties in a child
day-care center or type A family day-care home.
(Q) "Employer" means a person, firm, institution,
organization, or agency that operates a child day-care center or
type A family day-care home subject to licensure under this
chapter.
(R) "Federal poverty line" means the official poverty
guideline as revised annually in accordance with section 673(2) of
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42
U.S.C. 9902, as amended, for a family size equal to the size of
the family of the person whose income is being determined.
(S) "Head start program" means a comprehensive child
development program that receives funds distributed under the
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as
amended, and is licensed as a child day-care center.
(T) "Income" means gross income, as defined in section
5107.10 of the Revised Code, less any amounts required by federal
statutes or regulations to be disregarded.
(U) "Indicator checklist" means an inspection tool, used in
conjunction with an instrument-based program monitoring
information system, that contains selected licensing requirements
that are statistically reliable indicators or predictors of a
child day-care center's type A family day-care home's, or licensed
type B family day-care home's compliance with licensing
requirements.
(V) "Infant" means a child who is less than eighteen months
of age.
(W) "In-home aide" means a person who does not reside with
the child but provides care in the child's home and is certified
by a county director of job and family services pursuant to
section 5104.12 of the Revised Code to provide publicly funded
child care to a child in a child's own home pursuant to this
chapter and any rules adopted under it.
(X) "Instrument-based program monitoring information system"
means a method to assess compliance with licensing requirements
for child day-care centers, type A family day-care homes, and
licensed type B family day-care homes in which each licensing
requirement is assigned a weight indicative of the relative
importance of the requirement to the health, growth, and safety of
the children that is used to develop an indicator checklist.
(Y) "Legal custody" has the same meaning as in section
2151.011 of the Revised Code.
(Z) "License capacity" means the maximum number in each age
category of children who may be cared for in a child day-care
center or type A family day-care home at one time as determined by
the director of job and family services considering building
occupancy limits established by the department of commerce, amount
of available indoor floor space and outdoor play space, and amount
of available play equipment, materials, and supplies. For the
purposes of a provisional license issued under this chapter, the
director shall also consider the number of available child-care
staff members when determining "license capacity" for the
provisional license.
(Z)(AA) "Licensed child care program" means any of the
following:
(1) A child day-care center licensed by the department of job
and family services pursuant to this chapter;
(2) A type A family day-care home or type B family day-care
home licensed by the department of job and family services
pursuant to this chapter;
(3) A licensed preschool program or licensed school child
program.
(AA)(BB) "Licensed preschool program" or "licensed school
child program" means a preschool program or school child program,
as defined in section 3301.52 of the Revised Code, that is
licensed by the department of education pursuant to sections
3301.52 to 3301.59 of the Revised Code.
(BB)(CC) "Licensed type B family day-care home" and "licensed
type B home" mean a type B family day-care home for which there is
a valid license issued by the director of job and family services
pursuant to section 5104.03 of the Revised Code.
(CC)(DD) "Licensee" means the owner of a child day-care
center, type A family day-care home, or type B family day-care
home that is licensed pursuant to this chapter and who is
responsible for ensuring its compliance with this chapter and
rules adopted pursuant to this chapter.
(DD)(EE) "Operate a child day camp" means to operate,
establish, manage, conduct, or maintain a child day camp.
(EE)(FF) "Owner" includes a person, as defined in section
1.59 of the Revised Code, or government entity.
(FF)(GG) "Parent cooperative child day-care center," "parent
cooperative center," "parent cooperative type A family day-care
home," and "parent cooperative type A home" mean a corporation or
association organized for providing educational services to the
children of members of the corporation or association, without
gain to the corporation or association as an entity, in which the
services of the corporation or association are provided only to
children of the members of the corporation or association,
ownership and control of the corporation or association rests
solely with the members of the corporation or association, and at
least one parent-member of the corporation or association is on
the premises of the center or type A home during its hours of
operation.
(GG)(HH) "Part-time child day-care center," "part-time
center," "part-time type A family day-care home," and "part-time
type A home" mean a center or type A home that provides child care
or publicly funded child care for no more than four hours a day
for any child.
(HH)(II) "Place of worship" means a building where activities
of an organized religious group are conducted and includes the
grounds and any other buildings on the grounds used for such
activities.
(II)(JJ) "Preschool-age child" means a child who is three
years old or older but is not a school-age child.
(JJ)(KK) "Protective child care" means publicly funded child
care for the direct care and protection of a child to whom either
of the following applies:
(1) A case plan prepared and maintained for the child
pursuant to section 2151.412 of the Revised Code indicates a need
for protective care and the child resides with a parent,
stepparent, guardian, or another person who stands in loco
parentis as defined in rules adopted under section 5104.38 of the
Revised Code;
(2) The child and the child's caretaker either temporarily
reside in a facility providing emergency shelter for homeless
families or are determined by the county department of job and
family services to be homeless, and are otherwise ineligible for
publicly funded child care.
(KK)(LL) "Publicly funded child care" means administering to
the needs of infants, toddlers, preschool-age children, and
school-age children under age thirteen during any part of the
twenty-four-hour day by persons other than their caretaker parents
for remuneration wholly or in part with federal or state funds,
including funds available under the child care block grant act,
Title IV-A, and Title XX, distributed by the department of job and
family services.
(LL)(MM) "Religious activities" means any of the following:
worship or other religious services; religious instruction; Sunday
school classes or other religious classes conducted during or
prior to worship or other religious services; youth or adult
fellowship activities; choir or other musical group practices or
programs; meals; festivals; or meetings conducted by an organized
religious group.
(MM)(NN) "School-age child" means a child who is enrolled in
or is eligible to be enrolled in a grade of kindergarten or above
but is less than fifteen years old.
(NN)(OO) "School-age child care center" and "school-age child
type A home" mean a center or type A home that provides child care
for school-age children only and that does either or both of the
following:
(1) Operates only during that part of the day that
immediately precedes or follows the public school day of the
school district in which the center or type A home is located;
(2) Operates only when the public schools in the school
district in which the center or type A home is located are not
open for instruction with pupils in attendance.
(OO)(PP) "Serious risk noncompliance" means a licensure or
certification rule violation that leads to a great risk of harm
to, or death of, a child, and is observable, not inferable.
(PP)(QQ) "State median income" means the state median income
calculated by the department of development pursuant to division
(A)(1)(g) of section 5709.61 of the Revised Code.
(QQ)(RR) "Title IV-A" means Title IV-A of the "Social
Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.
(RR)(SS) "Title XX" means Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.
(SS)(TT) "Toddler" means a child who is at least eighteen
months of age but less than three years of age.
(TT)(UU) "Type A family day-care home" and "type A home" mean
a permanent residence of the administrator in which child care or
publicly funded child care is provided for seven to twelve
children at one time or a permanent residence of the administrator
in which child care is provided for four to twelve children at one
time if four or more children at one time are under two years of
age. In counting children for the purposes of this division, any
children under six years of age who are related to a licensee,
administrator, or employee and who are on the premises of the type
A home shall be counted. "Type A family day-care home" and "type A
home" do not include any child day camp.
(UU)(VV) "Type B family day-care home" and "type B home" mean
a permanent residence of the provider in which child care is
provided for one to six children at one time and in which no more
than three children are under two years of age at one time. In
counting children for the purposes of this division, any children
under six years of age who are related to the provider and who are
on the premises of the type B home shall be counted. "Type B
family day-care home" and "type B home" do not include any child
day camp.
Sec. 5104.023. (A) Each child who is under six years of age
and on the premises of a place in which child care is provided
counts in determining whether the place is a child day-care
center, type A family day-care home, or type B family day-care
home, regardless of whether the child is related to or in the
legal custody of the licensee, the administrator, or an employee
of the center or home.
(B) At the request of the administrator of a type B family
day-care home, the administrator's permanent residence may be
licensed as a type B family day-care home rather than a child
day-care center or type A family day-care home even though there
are more than six children on the premises at one time if all of
the additional children are at least six years of age and related
to or in the legal custody of the administrator and regardless of
whether the additional children receive privately funded or
publicly funded child care at the residence.
Sec. 5104.38. In addition to any other rules adopted under
this chapter, the director of job and family services shall adopt
rules in accordance with Chapter 119. of the Revised Code
governing financial and administrative requirements for publicly
funded child care and establishing all of the following:
(A) Procedures and criteria to be used in making
determinations of eligibility for publicly funded child care that
give priority to children of families with lower incomes and
procedures and criteria for eligibility for publicly funded
protective child care. The rules shall specify the maximum amount
of income a family may have for initial and continued eligibility.
The maximum amount shall not exceed two hundred per cent of the
federal poverty line. The rules may specify exceptions to the
eligibility requirements in the case of a family that previously
received publicly funded child care and is seeking to have the
child care reinstated after the family's eligibility was
terminated.
(B) Procedures under which a county department of job and
family services may, if the department, under division (A) of this
section, specifies a maximum amount of income a family may have
for eligibility for publicly funded child care that is less than
the maximum amount specified in that division, specify a maximum
amount of income a family residing in the county the county
department serves may have for initial and continued eligibility
for publicly funded child care that is higher than the amount
specified by the department but does not exceed the maximum amount
specified in division (A) of this section;
(C) A schedule of fees requiring all eligible caretaker
parents to pay a fee for publicly funded child care according to
income and family size, which shall be uniform for all types of
publicly funded child care, except as authorized by rule, and, to
the extent permitted by federal law, shall permit the use of state
and federal funds to pay the customary deposits and other advance
payments that a provider charges all children who receive child
care from that provider. The schedule of fees may not provide for
a caretaker parent to pay a fee that exceeds ten per cent of the
parent's family income.
(D) A formula for determining the amount of state and federal
funds appropriated for publicly funded child care that may be
allocated to a county department to use for administrative
purposes;
(E) Procedures to be followed by the department and county
departments in recruiting individuals and groups to become
providers of child care;
(F) Procedures to be followed in establishing state or local
programs designed to assist individuals who are eligible for
publicly funded child care in identifying the resources available
to them and to refer the individuals to appropriate sources to
obtain child care;
(G) Procedures to deal with fraud and abuse committed by
either recipients or providers of publicly funded child care;
(H) Procedures for establishing a child care grant or loan
program in accordance with the child care block grant act;
(I) Standards and procedures for applicants to apply for
grants and loans, and for the department to make grants and loans;
(J) A definition of "person who stands in loco parentis" for
the purposes of division (JJ)(KK)(1) of section 5104.01 of the
Revised Code;
(K) Procedures for a county department of job and family
services to follow in making eligibility determinations and
redeterminations for publicly funded child care available through
telephone, computer, and other means at locations other than the
county department;
(L) If the director establishes a different reimbursement
ceiling under division (E)(3)(d) of section 5104.30 of the Revised
Code, standards and procedures for determining the amount of the
higher payment that is to be issued to a child care provider based
on the special needs of the child being served;
(M) To the extent permitted by federal law, procedures for
paying for up to thirty days of child care for a child whose
caretaker parent is seeking employment, taking part in employment
orientation activities, or taking part in activities in
anticipation of enrolling in or attending an education or training
program or activity, if the employment or the education or
training program or activity is expected to begin within the
thirty-day period;
(N) Any other rules necessary to carry out sections 5104.30
to 5104.43 of the Revised Code.
Section 2. That existing sections 5104.01 and 5104.38 of the
Revised Code are hereby repealed.
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