Ohio Code 5104.38 – Rules governing financial and administrative requirements for publicly funded child day-care
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:
Terms Used In Ohio Code 5104.38
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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. 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 block grant act: means the "Child Care and Development Block Grant Act of 2014" 128 Stat. 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
- Fraud: Intentional deception resulting in injury to another.
- Homeless child care: means child care provided to a child who satisfies any of the following:
(1) Is homeless as defined in 42 U. See Ohio Code 5104.01
- Income: means gross income, as defined in section 5107. See Ohio Code 5104.01
- Protective child care: means publicly funded child care for the direct care and protection of a child to whom all of the following apply:
(1) A case plan has been prepared and maintained for the child pursuant to section 2151. 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
- Rule: includes regulation. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(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 or homeless 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 three 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 an applicant for publicly funded child care may receive publicly funded child care while the county department of job and family services determines eligibility and under which a child care provider may appeal a denial of payment under division (A)(2)(b) of section 5104.34 of the Revised Code;
(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.
(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 (LL)(3) 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 rate 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.
Last updated September 27, 2023 at 9:36 AM