Ohio Code 5104.30 – Administration and coordination of federal and state funding for publicly funded child day-care
(A) The department of job and family services is hereby designated as the state agency responsible for administration and coordination of federal and state funding for publicly funded child care in this state. Publicly funded child care shall be provided to the following:
Terms Used In Ohio Code 5104.30
- 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 block grant act: means the "Child Care and Development Block Grant Act of 2014" 128 Stat. See Ohio Code 5104.01
- 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 developing, conducting, and disseminating training for child care professionals 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 child care homes. See Ohio Code 5104.01
- 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. See Ohio Code 5104.01
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Income: means gross income, as defined in section 5107. See Ohio Code 5104.01
- 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
- state: means the state of Ohio. See Ohio Code 1.59
- Title IV-A: means Title IV-A of the "Social Security Act" 110 Stat. See Ohio Code 5104.01
- Title XX: means Title XX of the "Social Security Act" 88 Stat. See Ohio Code 5104.01
- United States: includes all the states. See Ohio Code 1.59
(1) Recipients of transitional child care as provided under section 5104.34 of the Revised Code;
(2) Participants in the Ohio works first program established under Chapter 5107 of the Revised Code;
(3) Individuals who would be participating in the Ohio works first program if not for a sanction under section 5107.16 of the Revised Code and who continue to participate in a work activity, developmental activity, or alternative work activity pursuant to an assignment under section 5107.42 of the Revised Code;
(4) A family receiving publicly funded child care on October 1, 1997, until the family’s income reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals determined eligible in accordance with rules adopted under section 5104.38 of the Revised Code.
The department shall apply to the United States department of health and human services for authority to operate a coordinated program for publicly funded child care, if the director of job and family services determines that the application is necessary. For purposes of this section, the department of job and family services may enter into agreements with other state agencies that are involved in regulation or funding of child care. The department shall consider the special needs of migrant workers when it administers and coordinates publicly funded child care and shall develop appropriate procedures for accommodating the needs of migrant workers for publicly funded child care.
(B) The department of job and family services shall distribute state and federal funds for publicly funded child care, including appropriations of state funds for publicly funded child care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The department may use any state funds appropriated for publicly funded child care as the state share required to match any federal funds appropriated for publicly funded child care.
(C) In the use of federal funds available under the child care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to prepare any rules required under this chapter and to administer and coordinate federal and state funding for publicly funded child care.
(2) Not more than five per cent of the aggregate amount of the federal funds received for a fiscal year may be expended for administrative costs.
(3) The department shall allocate and use at least four per cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer education to parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral services, designed to improve the quality, and increase the supply, of child care;
(d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code.
(4) The department shall ensure that the federal funds will be used only to supplement, and will not be used to supplant, federal, state, and local funds available on the effective date of the child care block grant act for publicly funded child care and related programs. If authorized by rules adopted by the department pursuant to section 5104.42 of the Revised Code, county departments of job and family services may purchase child care from funds obtained through any other means.
(D) The department shall encourage the development of suitable child care throughout the state, especially in areas with high concentrations of recipients of public assistance and families with low incomes. The department shall encourage the development of suitable child care designed to accommodate the special needs of migrant workers. On request, the department, through its employees or contracts with state or community child care resource and referral service organizations, shall provide consultation to groups and individuals interested in developing child care. The department of job and family services may enter into interagency agreements with the department of education and workforce, the chancellor of higher education, the department of development, and other state agencies and entities whenever the cooperative efforts of the other state agencies and entities are necessary for the department of job and family services to fulfill its duties and responsibilities under this chapter.
The department shall develop and maintain a registry of persons providing child care. The director shall adopt rules in accordance with Chapter 119 of the Revised Code establishing procedures and requirements for the registry’s administration.
(E)(1) The director shall adopt rules in accordance with Chapter 119 of the Revised Code establishing both of the following:
(a) Reimbursement rates for providers of publicly funded child care not later than the first day of July in each odd-numbered year;
(b) A procedure for reimbursing and paying providers of publicly funded child care.
(2) In establishing reimbursement rates under division (E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained in accordance with 45 C.F.R. § 98.45;
(b) Establish an enhanced reimbursement rate for providers who provide child care for caretaker parents who work nontraditional hours;
(c) With regard to the step up to quality program established pursuant to section 5104.29 of the Revised Code, establish enhanced reimbursement rates for child care providers that participate in the program.
(3) In establishing reimbursement rates under division (E)(1)(a) of this section, the director may establish different reimbursement rates based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
Last updated August 31, 2023 at 10:28 AM