Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-12 - Licensing of Child Care Centers
Section 5101:2-12-08 - Employee and child care staff member requirements for a licensed child care center
Universal Citation: OH Admin Code 5101:2-12-08
Current through all regulations passed and filed through March 18, 2024
(A) What are the requirements for an employee in a licensed child care center?
Each employee is to:
(1)
Have on file, on or before the employee's first day of employment,
a completed medical statement that meets the requirements detailed in appendix
A to this rule.
(2)
Have written documentation on file of current
immunization against tetanus, diphtheria and pertussis (Tdap) from a licensed
physician, as defined in Chapter 4731. of the Revised Code, physician's
assistant, advanced practice registered nurse, certified nurse midwife,
certified nurse practitioner or licensed pharmacist. The employee may be exempt
from the immunization requirement for religious reasons with written
documentation signed by the individual and for medical reasons with written
documentation signed by a licensed physician.
(3)
For the purpose
of tuberculosis (TB) screening, notify the child care center if the person has
both resided in a country identified by the world health organization (WHO) as
having a high burden of TB and arrived in the United States within the five
years immediately preceding the date of application for employment. A current
list of identified high burden countries (HBC) for TB can be found in the most
recent report on the WHO website at
https://www.who.int/teams/global-tuberculosis-programme/tb-reports.
(a)
Notification is to be made on a completed medical
statement that meets the requirements detailed in appendix A to this
rule.
(b)
If the person meets the criteria described in this
paragraph, the child care center is to comply with the testing requirements of
section
5104.037
of the Revised Code before employment. The TB test is either a two-step mantoux
tuberculin skin test or a blood assay for m. tuberculosis.
(i)
If the result of
the TB test is negative, the child care center may employ the
person.
(ii)
If the result of any TB test performed is positive, the
child care center is to follow the requirements outlined in appendix C to this
rule.
(B) What are the requirements for a child care staff member in a licensed child care center?
Each child care staff member is to:
(1)
Meet
one of the following:
(a) Be at least
eighteen years of age and have completed a high school education.
(i)
High school education is defined in appendix B to this rule.
(ii)
Verification shall be on file on or before the child care staff member's first
day of employment.
(b) Be enrolled in the
second year of or have completed a two year career-technical program in child
development or early childhood education or be a
high school senior and also enrolled in a college credit program in child
development or early childhood education.
(i)
Enrollment or completion of a two year career-technical program shall be
verified by a signed statement from student's teacher/ coordinator of the
training program verifying that the student is enrolled in the program and
receiving supervision by the training
program.
(ii) Enrollment in a
college credit program shall be verified by written documentation from the college credit
program.
(iii) Verification
shall be on file on or before the child care staff member's first day of
employment.
(2)
Have on file, on or before the child care staff
member's first day of employment, a completed medical statement that meets the
requirements detailed in appendix A to this rule.
(3)
Have written
documentation on file of current immunization against tetanus, diphtheria and
pertussis (Tdap) from a licensed physician, as defined in Chapter 4731. of the
Revised Code, physician's assistant, advanced practice registered nurse,
certified nurse midwife, certified nurse practitioner or licensed pharmacist.
The child care staff member may be exempt from the immunization requirement for
religious reasons with written documentation signed by the individual and for
medical reasons with written documentation signed by a licensed
physician.
(4)
For the purpose of TB screening, notify the child care
center if the person has both resided in a country identified by the WHO as
having a high burden of TB and arrived in the United States within the five
years immediately preceding the date of application for employment.
(a)
Notification is
to be made on a completed medical statement that meets the requirements
detailed in appendix A to this rule.
(b)
If the person
meets the criteria described above, the child care center is to comply with the
testing requirements of section
5104.037
of the Revised Code before employment. The TB test is either a two-step mantoux
tuberculin skin test or a blood assay for m. tuberculosis.
(i)
If the result of
the TB test is negative, the child care center may employ the
person.
(ii)
If the result of any TB test performed is positive, the
child care center is to follow the requirements outlined in appendix C to this
rule.
(C) What are the orientation requirements for child care staff members?
(1) Child care staff members, including substitute child care staff members, shall
complete the child care center staff orientation
training as prescribed by the ODJFS within thirty days of starting employment
at the center as a child care staff member unless the child care staff member
has documentation of completion of the training after December 31, 2016.
(2) Completion of the
training shall be documented with verification from the
OPR.
(3) The child care
staff member may be used in ratio, but is not to be left alone with
children until the orientation is completed.
(D) What are the Ohio professional registry (OPR) requirements for employees and child care staff members in a child care center?
All employees and child care staff members, including substitute child care staff members, are to:
(1)
Create or update
their individual profile in the OPR.
(2)
Create an
employment record for the child care center on or before the first day of
employment, including date of hire.
(3)
Update their
individual profiles or employment records in the OPR within five calendar days
of a change, including:
(a)
Contact information.
(b)
Positions or
roles, and related dates.
(E) Do employees and child care staff members have whistle blower protection?
Yes, an employer is not to discharge, demote, suspend or threaten to discharge, demote, suspend or in any manner discriminate against any employee or child care staff member based solely on the employee taking any of the following actions:
(1) Making any good faith
oral or written complaint to the ODJFS or other agency responsible for
enforcing Chapter 5104. of the Revised Code regarding a violation of this
chapter or the rules adopted pursuant to Chapter 5104. of the Revised
Code;
(2) Instituting or causing to
be instituted any proceeding against the employer under section
5104.04
of the Revised Code;
(3) Acting as
a witness in any proceeding under section
5104.04
of the Revised Code;
(4) Refusing
to perform work that constitutes a violation of Chapter 5104. or the rules
adopted pursuant to Chapter 5104. of the Revised Code.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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