Terms Used In Ohio Code > Chapter 5104 - Child Day-Care

• 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
• agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
• Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
• 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.
• Approved child day camp: means a child day camp approved pursuant to section 5104. See Ohio Code 5104.01
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Authorized representative: means an individual employed by a center, type A home, or approved child day camp that is owned by a person other than an individual and who is authorized by the owner to do all of the following:

  (1) Communicate on the owner's behalf;

  (2) Submit on the owner's behalf applications for licensure or approval;

  (3) Enter into on the owner's behalf provider agreements for publicly funded child care. See Ohio Code 5104.01

• 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 funded by the child care block grant act. See Ohio Code 5104.01
• 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
• Certified nurse practitioner: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a certified nurse practitioner in accordance with section 4723. See Ohio Code 1.64
• 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 service organization: means a community-based nonprofit organization that provides child care resource and referral services but not child care. 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

• 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
• Child day camp: means a program in which only school-age children attend or participate, that operates for no more than twelve hours per day and no more than fifteen weeks during the summer. See Ohio Code 5104.01
• Clinical nurse specialist: means an advanced practice registered nurse who holds a current, valid license issued under Chapter 4723 of the Revised Code and is designated as a clinical nurse specialist in accordance with section 4723. See Ohio Code 1.64
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• 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

• Employer: means a person, firm, institution, organization, or agency that operates a child care center, type A family child care home, licensed type B family child care home, or approved child day camp subject to licensure or approval under this chapter. See Ohio Code 5104.01
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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.
• Head start program: means a school-readiness program that satisfies all of the following:

  (1) Is for children from birth to age five who are from low-income families;

  (2) Receives funds distributed under the "Improving Head Start for School-Readiness Act of 2007" 42 U. See Ohio Code 5104.01

• 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

• in writing: includes any representation of words, letters, symbols, or figures; this provision does not affect any law relating to signatures. See Ohio Code 1.59
• 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. See Ohio Code 5104.01
• Income: means gross income, as defined in section 5107. See Ohio Code 5104.01
• 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 care center's, type A family child care home's, or licensed type B family child care home's compliance with licensing requirements. See Ohio Code 5104.01
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Infant: means a child who is less than eighteen months of age. See Ohio Code 5104.01
• Instrument-based program monitoring information system: means a method to assess compliance with licensing requirements for child care centers, type A family child care homes, and licensed type B family child 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. See Ohio Code 5104.01
• Internet: means the international computer network of both federal and nonfederal interoperable packet switched data networks, including the graphical subnetwork known as the world wide web. See Ohio Code 1.59
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• License capacity: means the maximum number in each age category of children who may be cared for in a child care center, type A family child care home, or licensed type B family child 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. See Ohio Code 5104.01
• Licensed child care program: means any of the following:

  (1) A child care center licensed by the department of job and family services pursuant to this chapter;

  (2) A type A family child care home or type B family child 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. See Ohio Code 5104.01

• licensed school child program: means a preschool program or school child program, as defined in section 3301. See Ohio Code 5104.01
• Licensee: means the owner of a child care center, type A family child care home, or type B family child care home that is licensed pursuant to this chapter and who is responsible for ensuring compliance with this chapter and rules adopted pursuant to this chapter. See Ohio Code 5104.01
• Minority leader: See Floor Leaders
• Owner: includes a person, as defined in section 1. See Ohio Code 5104.01
• Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
• Physician assistant: means an individual who is licensed under Chapter 4730 of the Revised Code to provide services as a physician assistant to patients under the supervision, control, and direction of one or more physicians. See Ohio Code 1.64
• Preschool-age child: means a child who is three years old or older but is not a school-age child. See Ohio Code 5104.01
• Property: means real and personal property. See Ohio Code 1.59
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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. See Ohio Code 5104.01
• Rule: includes regulation. See Ohio Code 1.59
• 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 or, in the case of a child who is receiving special needs child care, is less than eighteen years old. See Ohio Code 5104.01
• 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. See Ohio Code 5104.01
• Special needs child care: means child care provided to a child who is less than eighteen years of age and either has one or more chronic health conditions or does not meet age appropriate expectations in one or more areas of development, including social, emotional, cognitive, communicative, perceptual, motor, physical, and behavioral development and that may include on a regular basis such services, adaptations, modifications, or adjustments needed to assist in the child's function or development. See Ohio Code 5104.01
• state: means the state of Ohio. See Ohio Code 1.59
• Statute: A law passed by a legislature.
• 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
• Toddler: means a child who is at least eighteen months of age but less than three years of age. See Ohio Code 5104.01
• United States: includes all the states. See Ohio Code 1.59
• Whoever: includes all persons, natural and artificial; partners; principals, agents, and employees; and all officials, public or private. See Ohio Code 1.02