Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-18 - Group size and ratios for a licensed family child care provider

Universal Citation: OH Admin Code 5101:2-13-18

Current through all regulations passed and filed through December 11, 2023

(A) What are the requirements for staff/child ratios and maximum group size for a licensed family child care provider?

(1) Each child care staff member shall care for no more than six children at any one time. No more than three of those children may be under two years of age.

(2) The family child care provider shall not exceed the license capacity at any time when caring for children during the provider's hours of operation.

(3) The family child care provider shall ensure that the required staff/child ratios are maintained at all times including during routine trips and field trips.

(B) What children in the home are counted in ratio and group size?

(1) Any child present at the home who meets any of the following shall be counted in the group size:
(a) All children under six years old, including those related to the provider, the provider's own children and residents of the family child care home.

(b) Children six years old through fourteen years old who are not related to the provider.

(c) Children six years old up to fifteen years old who are related to the provider and for whom care is privately or publicly funded.

(d) Children fifteen years old through seventeen years old who are authorized to the provider for publicly funded child care pursuant to Chapter 5101:2-16 of the Administrative Code.

(e) Foster children shall be counted as a child not related to the provider.

(2) If the parent of a child is also present and caring for the child, the child does not count in group size, unless the parent is the licensed family child care provider, a resident of the family child care home, an employee, or a child care staff member .

(C) What are the requirements for providers to keep an attendance record?

(1) The provider shall have written documentation of the following for each child:
(a) The name and birth date of the child.

(b) The assigned group for the child.

(c) The child's weekly schedule.

(d) The time (hours and minutes) of the child's arrival and departure to the program, including transportation by the program. Ohio's automated child care system cannot be used to meet this written documentation requirement.

(e) The original written documentation shall be kept for a period of one year. Attendance documentation shall remain at the home at all times.

(2) Each group shall have a method for tracking the children in the group. This tracking method shall include the child's name and date of birth and shall remain with the group at all times throughout the day including outdoor play, emergency evacuations and when groups are combined. The tracking shall be updated throughout the day as children enter or leave the group.

Effective: 10/29/2021
Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026
Promulgated Under: 119.03
Statutory Authority: 5104.017, 5104.018
Rule Amplifies: 5104.017, 5104.018, 5104.01
Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986, 09/05/1986, 05/01/1989, 10/15/1996, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 07/01/2003, 09/01/2005, 01/01/2007, 08/14/2008, 09/29/2011, 01/01/2014, 12/31/2016, 10/29/2017, 03/13/2020 (Emer.)

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