Ohio Revised Code
Chapter 5104 | Child Day-Care
Section 5104.015 | Adoption of Rules.

Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the operation of child day-care centers, including parent cooperative centers, part-time centers, and drop-in centers. The rules shall reflect the various forms of child care and the needs of children receiving child care or publicly funded child care and shall include specific rules for school-age child care centers that are developed in consultation with the department of education. The rules shall include the following:
(A) Submission of a site plan and descriptive plan of operation to demonstrate how the center proposes to meet the requirements of this chapter and rules adopted pursuant to this chapter for the initial license application;
(B) Standards for ensuring that the physical surroundings of the center are safe and sanitary including the physical environment, the physical plant, and the equipment of the center;
(C) Standards for the supervision, care, and discipline of children receiving child care or publicly funded child care in the center;
(D) Standards for a program of activities, and for play equipment, materials, and supplies, to enhance the development of each child; however, any educational curricula, philosophies, and methodologies that are developmentally appropriate and that enhance the social, emotional, intellectual, and physical development of each child shall be permissible. As used in this division, "program" does not include instruction in religious or moral doctrines, beliefs, or values that is conducted at child day-care centers owned and operated by churches and does include methods of disciplining children at child day-care centers.
(E) Admissions policies and procedures;
(F) Health care policies and procedures, including procedures for the isolation of children with communicable diseases;
(G) First aid and emergency procedures;
(H) Procedures for discipline and supervision of children;
(I) Standards for the provision of nutritious meals and snacks;
(J) Procedures for screening children that may include any necessary physical examinations and shall include immunizations in accordance with section 5104.014 of the Revised Code;
(K) Procedures for screening employees that may include any necessary physical examinations and immunizations;
(L) Methods for encouraging parental participation in the center and methods for ensuring that the rights of children, parents, and employees are protected and that responsibilities of parents and employees are met;
(M) Procedures for ensuring the safety and adequate supervision of children traveling off the premises of the center while under the care of a center employee;
(N) Procedures for record keeping, organization, and administration;
(O) Procedures for issuing, denying, and revoking a license that are not otherwise provided for in Chapter 119. of the Revised Code;
(P) Inspection procedures;
(Q) Procedures and standards for setting initial license application fees;
(R) Procedures for receiving, recording, and responding to complaints about centers;
(S) Procedures for enforcing section 5104.04 of the Revised Code;
(T) Minimum qualifications for employment as an administrator or child-care staff member;
(U) Requirements for the training of administrators and child-care staff members, including training in first aid, in prevention, recognition, and management of communicable diseases, and in child abuse recognition and prevention;
(V) Standards providing for the special needs of children who are handicapped or who require treatment for health conditions while the child is receiving child care or publicly funded child care in the center;
(W) A procedure for reporting of injuries of children that occur at the center;
(X) Standards for licensing child day-care centers for children with short-term illnesses and other temporary medical conditions;
(Y) Minimum requirements for instructional time for child day-care centers rated through the step up to quality program established pursuant to section 5104.29 of the Revised Code;
(Z) Any other procedures and standards necessary to carry out the provisions of this chapter regarding child day-care centers.

Structure Ohio Revised Code

Ohio Revised Code

Title 51 | Public Welfare

Chapter 5104 | Child Day-Care

Section 5104.01 | Child Care Definitions.

Section 5104.013 | Criminal Records Checks.

Section 5104.014 | Medical Statement of Immunization.

Section 5104.015 | Adoption of Rules.

Section 5104.016 | Rules Establishing Minimum Requirements for Child Day-Care Centers.

Section 5104.017 | Adoption of Rules Governing the Operation of Type a Family Day-Care Homes.

Section 5104.018 | Adoption of Rules Governing the Licensure of Type B Family Day-Care Homes.

Section 5104.019 | Adoption of Rules Governing the Certification of In-Home Aides.

Section 5104.0110 | Rules Requiring a Physical Examination.

Section 5104.0111 | Director of Job and Family Services; Duties.

Section 5104.0112 | Regulation of Instruction in Religious or Moral Doctrines, Beliefs, or Values Prohibited.

Section 5104.02 | License Required.

Section 5104.021 | Exemption of Youth Development Programs.

Section 5104.022 | Licensing of Foster Homes as Family Day Care Homes.

Section 5104.03 | Application for and Renewal of License.

Section 5104.032 | Physical Space Requirements for Child Day-Care Centers.

Section 5104.033 | Staff to Child Ratios.

Section 5104.034 | Trained Staff Required on Premises.

Section 5104.037 | Tuberculosis Screening, Testing of Prospective Employees.

Section 5104.038 | Enrollment, Health, and Attendance Records.

Section 5104.039 | Access to Centers for Parents or Guardians.

Section 5104.04 | Investigating, Inspecting, and Licensing Procedures Established.

Section 5104.041 | Type a and B Family Day-Care Home Requirements.

Section 5104.042 | Suspension of Day-Care Center and Home Licenses Without Hearing.

Section 5104.043 | Determination of Serious Risk of Noncompliance; Notice.

Section 5104.05 | Requirements for Building, Fire Prevention, and Food Service.

Section 5104.051 | Responsibility for Inspections.

Section 5104.052 | Fire Prevention and Fire Safety in Licensed Type B Family Day-Care Homes.

Section 5104.053 | Inspecting Unlicensed Type B Homes.

Section 5104.054 | Zoning for Type B Family Day-Care Home.

Section 5104.06 | Providing Consultation and Technical Assistance.

Section 5104.07 | Additional Requirements for Licensing Child Day-Care Centers or Type a Family Day-Care Homes That Provide Publicly Funded Child Day-Care.

Section 5104.08 | Day-Care Advisory Council.

Section 5104.081 | Management of Day-Care Functions.

Section 5104.09 | Discrimination Prohibited.

Section 5104.10 | Whistleblower Protection.

Section 5104.12 | Certification of In-Home Aides to Provide Publicly Funded Child Day-Care.

Section 5104.13 | Publishing State Statutes and Rules Governing Certification of Type B Family Day-Care Homes.

Section 5104.14 | Readability of Materials.

Section 5104.21 | Child Day Camp Registration.

Section 5104.211 | Random Sampling of Child Day Camps to Determine Compliance With Background Checks.

Section 5104.22 | Enabling Approved Child Day Camp to Receive Public Moneys.

Section 5104.25 | Prohibiting Smoking.

Section 5104.29 | Step Up to Quality Program.

Section 5104.30 | Administration and Coordination of Federal and State Funding for Publicly Funded Child Day-Care.

Section 5104.301 | Parent Cooperative Child Day-Care Centers and Parent Cooperative Type a Family Day-Care Homes.

Section 5104.31 | Eligible Providers of Services for Publicly Funded Child Day-Care.

Section 5104.32 | Provider Contracts.

Section 5104.33 | Forms for Eligibility Determinations for Publicly Funded Child Day-Care.

Section 5104.34 | Determination of Eligibility.

Section 5104.341 | Validity of Determination of Eligibility.

Section 5104.35 | County Department of Job and Family Services - Powers and Duties.

Section 5104.36 | Record for Each Eligible Child.

Section 5104.38 | Rules Governing Financial and Administrative Requirements for Publicly Funded Child Day-Care.

Section 5104.382 | No Contracts to Person Against Whom Finding for Recovery Has Been Issued.

Section 5104.39 | Monitoring Present and Anticipated Future Expenditures for Publicly Funded Child Day-Care.

Section 5104.40 | Implementation of Rules.

Section 5104.41 | Homeless Child Care.

Section 5104.42 | Payment Procedure for Publicly Funded Child Care.

Section 5104.43 | Deposits Into Public Assistance Fund.

Section 5104.44 | Effect of Child Support Default on License or Certificate.

Section 5104.99 | Penalty.