Current through all regulations passed and filed through March 18, 2024
(A)
What does "owner"
mean?
(1)
For
purposes of paragraphs (C) and (E) of this rule, "owner" is defined in rule
5101:2-12-01
of the Administrative Code, except that "owner" also includes a firm,
organization, institution or agency, as well as any individual governing board
members, partners, or authorized representatives of the owner as defined in
section
5104.03
of the Revised Code.
(2)
For all other paragraphs of this rule, "owner" is as
defined in rule
5101:2-12-01
of the Administrative Code.
(B) What are the
reasons an applicant may have an application denied or a licensed child care
center may have a provisional or continuous license revoked?
(1) The center is not in compliance with
Chapter 5101:2-12 of the Administrative Code or Chapter 5104. of the Revised
Code.
(2) The owner or
administrator has been determined not eligible to own a child care program or to be
employed in a child care program as a result of the background check
requirements pursuant to rule
5101:2-12-09
of the Administrative Code.
(3) The
center fails to submit documentation or information requested by the Ohio
department of job and family services (ODJFS) within required time
frames.
(4) The center has refused
to allow ODJFS staff access onto its premises or to any area used for child
care.
(5) The center has furnished
or made misleading or false statements or reports to ODJFS.
(6) Failure of any
person, firm, partnership, organization, institution, or agency to cooperate
with the ODJFS or any state or local official when performing duties required
by Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the
Administrative Code.
(C) What happens if an
application is in the process of being denied or a provisional or continuous
license is in the process of being revoked?
(1) If an application for a child care
center, type A home or type B home has been issued a notice of intent to deny,
no new application for a child care center license shall be processed for the
owner until after the completion of the denial process.
(2) If a provisional or continuous license
for a child care center, type A home or type B home has been issued an intent
to revoke, no new application for a child care center license shall be
processed for the same owner until after the completion of the revocation
process.
(3)
If the child care center has been issued a notice of
intent to revoke the program's license, the center is to notify the families of
all enrolled children and post the notice of intent in a noticeable location
within forty-eight hours of receipt of the notice.
(D)
What if a center voluntarily surrenders the license or voluntarily withdraws
the application during the revocation or denial process?
The voluntary surrender of a license or the withdrawal of an
application for licensure shall not prohibit ODJFS from revoking a license or
denying an application.
(E) What happens if an
application has previously been denied, or a provisional or continuous license,
or an in-home aide certification is revoked?
(1) If a license of a child care center, type
A home, or type B home is revoked, another license shall not be issued to the
owner of the center, type A home, or type B home until five years have elapsed
from the date the license was revoked.
(2) If an application for a child care
center, type A home, or type B home license is denied, the applicant shall not
be licensed until five years have elapsed from the date the application was
denied.
(3) If the
certification of an in-home aide is revoked, the applicant shall not be issued
a child care center license until five years have elapsed from the date the
certification was revoked.
(F) Which licensing
actions by ODJFS give the center rights to an adjudicatory hearing, in
accordance with the requirements of Chapter 119. of the Revised Code?
(1) Denial of an application.
(2) Revocation of an existing license, either
provisional or continuous.
(3) The
finding of jurisdiction in accordance with rule
5101:2-12-01
of the Administrative Code.
(4)
Issuance of a license with authorization for license capacity which does not
agree with the authorization sought by the center.
(5) Denial of a continuous license at the
expiration of the center's provisional license.
(G)
When can ODJFS suspend a license?
ODJFS may immediately suspend the license of a center if ODJFS
determines that any of the following have occurred:
(1) A child dies or suffers a serious injury
while receiving child care by the center.
(2) A public children services agency (PCSA)
accepts a complaint of abuse or neglect pursuant to section
2151.421
of the Revised Code on any of the following people:
(a) The center owner or owner's
representative.
(b) The center
administrator, if the administrator has not been released from employment or
put on administrative leave.
(c) An
employee of the center, if the employee has not been immediately released from
employment or put on administrative leave.
(3) Any of the following people have been
charged by indictment, information, or complaint with an offense relating to
the abuse or neglect of a child:
(a) The
center owner or owner's representative.
(b) The center administrator, if the
administrator has not been released from employment or put on administrative
leave.
(c) An employee of the
center, if the employee has not been released from employment or put on
administrative leave.
(4)
ODJFS or a county agency determines that the center created a serious risk to
the health or safety of a child receiving child care in the center that
resulted in or could have resulted in a child's death or injury.
(5) ODJFS determines that the owner or
licensee of the center does not meet the requirements of section
5104.013
of the Revised Code.
(H) What happens if a
center's license is suspended?
(1) Upon
receipt of a written suspension order from ODJFS, delivered either by certified
mail or in person, the center shall:
(a)
Immediately stop providing care to all children.
(b) Provide written notification of the
suspension to the parents of all children enrolled in the
center.
(2) Refusal of
delivery by personal service or by mail is not failure of delivery and service
shall be deemed to be complete.
(I) Can the center
request a review of the decision to suspend the license?
The center may request an adjudicatory hearing before the
department pursuant to sections
119.06
to
119.12
of the Revised Code.
(J) How long will the
license be suspended?
The suspension shall remain in effect until any of the
following occurs:
(1) The PCSA
completes its investigation pursuant to section
2151.421
of the Revised Code and determines that all of the allegations are
unsubstantiated.
(2) All criminal
charges are disposed of through dismissal or a finding of not guilty.
(3) Pursuant to Chapter 119. of the Revised
Code, ODJFS issues a final order terminating the suspension.
(K) Which ODJFS
licensing actions, ministerial in nature, are not subject to an administrative
hearing?
(1) Rejection by ODJFS of any
application for a license for procedural reasons such as, but not limited to,
improper fee payment, incomplete submission of required materials or use of
invalid forms.
(2) Denial of an
application pursuant to paragraph (E) of this rule.
(3) Closing a license that has been in a
temporary closure for more than twelve months pursuant to rule
5101:2-12-02
of the Administrative Code.
(4)
Closing a license if the child care center is no longer located at the address
on the license and the owner has not requested a change of location or closure
pursuant to rule
5101:2-12-02
of the Administrative Code.
(5)
Closing a license if the owner of the child care center
has changed.