Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-02 - Application and amendments for a family child care provider license
Universal Citation: OH Admin Code 5101:2-13-02
Current through all regulations passed and filed through September 16, 2024
(A) What is the application process to establish or operate a licensed family child care home?
A resident of Ohio who wishes to become a licensed family child care provider is to:
(1)
Complete a professional registry profile for the family child care applicant
through the Ohio professional registry (OPR) at
https://occrra.org/opr .
(2) Register online through the OPR and
complete the required family child care prelicensing training. The
prelicensing training shall have been taken within the
five years
prior to application for a license.
(3) Complete an application online in the
Ohio child licensing and quality system (OCLQS) at
https://oclqs.force.com and submit
the fee of
twenty-five dollars to the Ohio department of job
and family services (ODJFS).
(a) The
application fee submitted with an application is nonrefundable and shall not be
credited or transferred to any other application.
(b) The application is considered filed with
the ODJFS as of the date it is received electronically and the payment has
cleared.
(c) The application will
be deleted from the system after one hundred twenty days if the fee payment is
not received.
(d) Any application
submitted without complete and accurate information will need to be amended
with complete and accurate information before being licensed.
(e) The application will be deleted and the
fee forfeited if the home is not ready to be licensed after twelve
months.
(4)
Notify in OCLQS if the provider wants to voluntarily
withdraw the application. This results in a forfeiture of the application
fee.
(B) What additional items shall be submitted during the application process?
The items listed in appendix A and appendix B to this rule are required and shall be completed and submitted for licensure.
(C) Does the family child care provider license need to be visible?
The license is to be visible to parents at all times.
(D) Can a family child care license be issued to an address that is currently licensed ?
(1) Only one
family child care provider license shall be issued for each address.
(2) A family child care provider license
shall not be issued to any address that is currently licensed as a child care
center.
(E) Can someone be both a licensed family child care provider and be certified to provide foster care pursuant to Chapter 5103. of the Revised Code?
(1) A licensed type A provider shall not be
certified to provide foster care.
(2) A licensed type B provider may be
certified for foster care but shall be not certified as a specialized or
treatment foster care home pursuant to Chapter 5103. of the Revised Code. A
licensed type B provider who was initially certified as a type B provider prior
to August 14, 2008 with no break in certification or licensure is exempt from
this requirement.
(F) Will the license be a continuous license?
The license shall be a continuous license unless:
(1) The family child care provider is in the
provisional period pursuant to rule
5101:2-13-06 of the
Administrative Code.
(2) The family
child care provider moves to a new address and does not propose a change of
location amendment pursuant to paragraph (G) of this rule.
(3) The owner of the type A home
program, which can be a corporation or
partnership,
changes
. This
includes if the corporation or partnership no longer exists.
(4) The family child care provider
voluntarily surrenders the license by notifying the county agency
in OCLQS.
(5) It is revoked
pursuant to rule
5101:2-13-05 of the
Administrative Code.
(G) What is the process to change or amend a license?
(1) The provider shall
submit a request and all applicable documents in
OCLQS.
(2) What information
can be amended on an existing license?
(a)
License capacity.
(b) Change of
location of the program.
(3) What is the timeline for requesting an
amendment?
(a) For a change in capacity, the
provider shall request and be approved for the amendment prior to serving
additional children. This includes submitting all
corrective action plans required pursuant to rule
5101:2-13-03 of the
Administrative Code.
(b) For
a change in location, the provider shall request the amendment at least thirty
days prior to the last day at the current location. Failure to request within
thirty days may result in a gap of care. Care shall not begin until the license
has been transferred to the new location.
(4) Can a family child care home request a
change in administrator?
Only a type A home provider may change an administrator if all of the following are met:
(a)
If the owner of the type A home program is a
corporation, the agent(s) of the corporation is to include the
provider.
(b) The proposed
administrator is a resident of the home and agent of the corporation and meets
the requirements of a provider pursuant to rule
5101:2-13-07 of the
Administrative Code.
(c) The
provider submits a request and all applicable documents to the county
agency in OCLQS.
(5) What are the requirements if a family
child care provider wants to permanently move to a different location?
The provider is to:
(a)
Comply with paragraph (G)(3)(b) of this rule.
(b)
Submit all
required documents listed in appendix C to this rule prior to licensure at the
new location.
(c) Submit a fee of
twenty-five dollars in OCLQS
thirty days prior to the proposed move.
(d) Comply with an
inspection at the new location and any applicable determinations of license
capacity for the new location.
(e) Cease child care operation at the
original location at the time the license is issued for the new
address.
(f)
If care ceases at the old location before the new
location is ready to be licensed, the program may be temporarily closed
pursuant to paragraph (I) of this rule.
(g)
If the new
location is unable to be licensed within ninety days after the request, the
request for amendment will be closed which results in forfeiture of the
application fee.
(6) What are the requirements if a family
child care provider needs to temporarily provide care in a different location?
(a) If the family child care provider is
temporarily unable to provide care in the licensed location because the
physical location has been deemed unsafe for care of children by the building
department, fire department, local health department or local law enforcement,
the provider may request to temporarily provide care in a new location.
(i) The family child care provider shall send
a written request to the county agency and comply with an inspection of the
temporary location prior to providing care at the temporary location.
(ii) The written request shall include
written documentation from the government agency that deemed the location to be
unsafe for care of children and shall include the plan and timeline for
addressing the needs of the licensed location.
(iii) Prior to resuming care at the licensed
location, the family child care provider shall provide written approval to the
county agency from the government agency that has deemed the location safe to
resume care of children.
(b) If the family child care provider is
unable to return to the licensed location within one hundred
eighty days, the provider shall follow the process for a permanent change
of location pursuant to paragraph (G)(5) of this
rule. There are no extensions for a temporary change of
location.
(H) When shall an initial application and fee be required from a type A home provider?
An initial application and fee are required for any change in ownership which is defined as a sale of a child care program in its entirety or a transfer of control and administration by the owner(s) of a child care program to a new controlling entity.
(I) How shall a family child care provider request a voluntary temporary closure status for a licensed family child care home?
(1) The provider shall request
the temporary closure
status in OCLQS.
(2) The temporary closure status shall not
exceed twelve months.
(3) The
provider shall not serve any children during the temporary closure
status.
(4) The provider shall
comply with an inspection prior to the end of the temporary closure status and
serving children again.
(5) If at
the end of the twelve months, the family child care provider has not requested
in OCLQS to reinstate the license or is not able to be
re-opened, the ODJFS may close the license without hearing rights in accordance
with the requirements of Chapter 119. of the Revised Code.
(J) What information will the provider keep current in OCLQS?
(1) Mailing
address.
(2) Telephone
number.
(3) Email
address.
(4) Days and hours of
operation.
(5) Services
offered.
(6) Name of program, if applicable.
(7)
Ohio secretary of
state entity number, if applicable.
(8)
Private pay
rates.
(K) What if an individual listed in OCLQS as a legal business owner (as defined in section 5104.03 of the Revised Code) changes?
The provider shall log into OCLQS to complete and submit the information within thirty days of the change, for type A homes only.
(L) What is the county agency's responsibility for the application and issuance of a license for a family child care provider?
The county agency is to:
(1)
Begin to review documents submitted as part of the
application within ten business days of receiving the documents in
OCLQS.
(2) Recommend the
application for approval or denial to the ODJFS within ninety days of receiving
a completed application. The completed application includes all of the
requirements in appendix A to this rule with the exception of the completed
background check pursuant to rule
5101:2-13-09 of the
Administrative Code. The completed application also
indicates that the provider is ready for the prelicensing
inspection.
(3)
Complete the prelicensing inspection within ten
business days after the application is complete and all documents have been
approved.
(4) Recommend
the approval or denial of the request for change
of location, move to a temporary location or a voluntary temporary closure
status to ODJFS within five business days of receiving the request and all
required written documentation.
(5) Provide the
applicant with the JFS 08087 "Ohio Communicable Disease Chart"
when a recommendation is
made to ODJFS to license the applicant.
(6) Request from the
current county agency any documentation not captured in OCLQS within ten
business days if a provider proposes a change of location into the
county.
(7) Provide the new
county agency with any documentation not captured in OCLQS within ten business
days if a provider proposes a change of location to another county.
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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