Ohio Code 5104.017 – Adoption of rules governing the operation of type A family day-care homes
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 child care homes, including parent cooperative type A homes, part-time type A homes, and drop-in type A homes. The rules shall reflect the various forms of child care and the needs of children receiving child care. The rules shall include the following:
Terms Used In Ohio Code 5104.017
- Administrator: means the person responsible for the daily operation of a center, type A home, or approved child day camp. See Ohio Code 5104.01
- Child: includes an infant, toddler, preschool-age child, or school-age child. See Ohio Code 5104.01
- Child care: means all of the following:
(1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;
(2) By persons other than their parents, guardians, or custodians;
(3) For part of the twenty-four-hour day;
(4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;
(5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104. See Ohio Code 5104.01
- Child care staff member: means an employee of a child care center, type A family child care home, licensed type B family child care home, or approved child day camp who is primarily responsible for the care and supervision of children. See Ohio Code 5104.01
- Employee: means a person who either:
(1) Receives compensation for duties performed in a child care center, type A family child care home, licensed type B family child care home, or approved child day camp;
(2) Is assigned specific working hours or duties in a child care center, type A family child care home, licensed type B family child care home, or approved child day camp. See Ohio Code 5104.01
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- 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. See Ohio Code 5104.01
(A) 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;
(B) Standards for ensuring that the physical surroundings of the type A home are safe and sanitary, including the physical environment, the physical plant, and the equipment of the type A home;
(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the type A home;
(D) 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;
(E) Admissions policies and procedures;
(F) Health care policies and procedures, including procedures for the isolation of children with communicable diseases;
(G) First aid and emergency procedures;
(H) Procedures for discipline and supervision of children;
(I) Standards for the provision of nutritious meals and snacks;
(J) Procedures for screening children, including any necessary physical examinations and the immunizations required pursuant to section 5104.014 of the Revised Code;
(K) Procedures for screening employees, including any necessary physical examinations and immunizations;
(L) 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;
(M) 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;
(N) Procedures for record keeping, organization, and administration;
(O) Procedures for issuing, denying, and revoking a license that are not otherwise provided for in Chapter 119 of the Revised Code;
(P) Inspection procedures;
(Q) Procedures and standards for setting initial license application fees;
(R) Procedures for receiving, recording, and responding to complaints about type A homes;
(S) Procedures for enforcing section 5104.04 of the Revised Code;
(T) A standard requiring the inclusion of a current department of job and family services toll-free telephone number on each type A home license that any person may use to report a suspected violation by the type A home of this chapter or rules adopted pursuant to this chapter;
(U) 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;
(V) Standards providing for the needs of children who have disabilities or who require treatment for health conditions while the child is receiving child care or publicly funded child care in the type A home;
(W) Standards for the maximum number of children per child care staff member;
(X) Requirements for the amount of usable indoor floor space for each child;
(Y) Requirements for safe outdoor play space;
(Z) Qualifications and training requirements for administrators and for child care staff members, which shall not include requiring an administrator or child care staff member to hold or obtain a bachelor’s, master’s, or doctoral degree;
(AA) 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;
(BB) Minimum requirements for instructional time for type A homes rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;
(CC) Any other procedures and standards necessary to carry out the provisions of this chapter regarding type A homes.
Last updated August 23, 2023 at 12:27 PM