Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-07 - Provider responsibilities, requirements and qualifications for a licensed family child care provider
Universal Citation: OH Admin Code 5101:2-13-07
Current through all regulations passed and filed through September 16, 2024
(A) What are the requirements to be a licensed family child care provider?
(1)
The family child care provider is to:
(a) Be
at least eighteen years old, and for those type B certified or licensed after
April 1, 2003, have completed a high school education. Verification of high
school education is detailed in appendix A to this rule.
(b)
Meet the training or education requirements detailed in appendix B to this
rule.
(c)
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 nurse, certified nurse midwife, certified nurse practitioner or
licensed pharmacist. The provider 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.
(d) Reside in the home
where the care is being provided.
(e)
Provide a safe,
healthy environment when child care services are being
provided.
(f)
Not be involved in any activities that interfere with
the care of the children. This includes not being involved in other employment
during the operating hours of the family child care home.
(2)
The provider and anyone in the family child care home,
including any child care staff members is not to:
(a)
Demonstrate
physical or mental conditions potentially harmful to children.
(b)
Be under the
influence of alcohol or other drugs while child care is being provided.
(3)
The provider is tocomplete only
one of the following:
(a) Obtain and maintain
liability insurance that insures the family child care provider against
liability arising out of, or in connection with, the operation of the family
child care home.
(i) The liability insurance
shall cover any cause for which the family child care home would be liable, in
the amount of at least one hundred thousand dollars per occurrence and three
hundred thousand dollars in the aggregate.
(ii) Proof of insurance shall be maintained
at the home.
(iii) If the family
child care provider is not the owner of the home where the family child care
home is located and the provider obtains liability insurance described in this
rule, the provider shall name the owner of the property as an additional
insured party on the liability insurance policy if all of the following apply:
(a) The owner requests the provider in
writing to add the owner to the liability insurance policy as an additional
insured party.
(b) The addition of
the owner does not result in cancellation or nonrenewal of the insurance
policy.
(c) The owner pays any
additional premium assessed for coverage of the owner.
(b) Complete the JFS 01933
"Liability Insurance Statement for Family Child Care Providers"
if the family child care
provider is not obtaining liability insurance and shall provide the JFS 01933
to the parent of each child receiving care in the home. The JFS 01933 shall be
signed and dated by the parent and on file by the child's first day of
attendance.
(i) If the family child care
provider is not the owner of the home where the family child care home is in
operation, the statement shall also include that the owner of the home may not
provide coverage of any liability arising out of, or in connection with, the
operation of the family child care home.
(ii) The JFS 01933 shall be kept on file at
the home.
(B) What are the responsibilities of the licensed family child care provider?
The family child care provider is to:
(1) Be on-site a
minimum of seventy-five per cent of the operating hours per week. The provider
may request a short-term exemption from this requirement from the county
agency.
(2) Post
the provider's scheduled hours of availability
to meet with parents in a noticeable
location
.
(3) Make
available the current licensing rules to all staff and parents. The rules may
be made available via paper copy or electronically.
(4) Upon request, provide a parent with any
information necessary for the parent to compile child care related expenses for
income tax preparation, including tax identification numbers.
(5) Be responsible for the creation,
maintenance and implementation of the policies and procedures detailed in
appendix C to this rule. A copy of these policies and procedures shall be
available on-site at the home. Nothing in these
policies is to conflict with Chapter 5104. of the Revised Code or Chapter
5101:2-13 of the Administrative Code, and if applicable, Chapter 5101:2-16 or
5101:2-17 of the Administrative Code.
(6) Provide the parent and all employees with
the policies and practices in appendix C to this rule.
(7) Provide a copy of appendix D to this rule
to the parents of children enrolled in the home.
(8)
Update in the Ohio child
licensing and quality system (OCLQS) no later than
five calendar days of any change in the household
composition including someone joining the household or leaving the household
as well as anyone staying in the home for more than ten
consecutive calendar days.
(9)
Be responsible for all information provided to the county agency or
the Ohio department of job and family services
(ODJFS) including information provided by a
child care staff member, employee, administrator or resident of the home.
(10)
Cooperate with
other government agencies as necessary to maintain compliance with Chapter
5101:2-13 of the Administrative Code.
(11) Submit to the
county agency an updated JFS 01174 "Adjudicated a delinquent child statement"
within ten business days if
a child residing in the home is adjudicated a delinquent child.
(12)
Ensure that no employee, licensee or child care staff member discriminates in
the enrollment of children upon the basis of race, color, religion, sex,
disability, or national origin.
(13)
Ensure
compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the
Administrative Code.
(C) What are the Ohio professional registry (OPR) and documentation responsibilities for the licensed family child care provider?
The family child care provider is to:
(1)
Create or update their individual profile in the
OPR.
(2)
Create or update the program's organization dashboard
in the OPR.
(3)
Ensure that all employees and child care staff members
complete the following in the OPR:
(a)
Create or update their individual profile in the
OPR.
(b)
Create an employment record in the OPR for the program
on or before their first day of employment, including date of
hire.
(c)
Update changes to positions or roles in the OPR within
five calendar days of a change.
(4)
Update the
program's organization dashboard in the OPR within five calendar days of a
change for employees and child care staff members of the program,
including:
(a)
Scheduled days and hours.
(b)
Group
assignments, if applicable.
(c)
The end date of
employment.
(5)
Maintain records for each current employee and child
care staff member as required in Chapter 5101:2-13 of the Administrative Code
on file at the home, if not yet verified in the OPR.
(a)
Make employment
records available upon request by the county agency or by ODJFS for at least
three years after each person's departure, if not yet verified in the
OPR.
(b)
Keep employment records confidential, except when made
available to the county agency or ODJFS for the purpose of administering
Chapter 5104. of the Revised Code and Chapter 5101:2-13 of the Administrative
Code.
(6)
Ensure that all residents over the age of eighteen
create a profile in the OPR and that the residents complete an employment
record for the family child care provider within five days of becoming a
resident or turning eighteen.
(7)
Within five
calendar days of a change in residency, update the program's organization
dashboard in the OPR for residents over the age of eighteen, if
applicable.
(D) What if the type B home provider is a foster parent?
The type B home provider shall:
(1) Notify the county agency and all
parents.
(2) Notify the county
agency of all children receiving care within one business day of when the type
B home provider is to begin caring for additional foster children.
(3) Maintain a written record documenting the
date and how the county agency and parents were notified about foster children
in care.
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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