Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) The department of job and family services is hereby designated as the state agency responsible for administration and coordination of federal and state funding for publicly funded child care in this state. Publicly funded child care shall be provided to the following:
(1) Recipients of transitional child care as provided under section 5104.34 of the Revised Code;
(2) Participants in the Ohio works first program established under Chapter 5107. of the Revised Code;
(3) Individuals who would be participating in the Ohio works first program if not for a sanction under section 5107.16 of the Revised Code and who continue to participate in a work activity, developmental activity, or alternative work activity pursuant to an assignment under section 5107.42 of the Revised Code;
(4) A family receiving publicly funded child care on October 1, 1997, until the family's income reaches one hundred fifty per cent of the federal poverty line;
(5) Subject to available funds, other individuals determined eligible in accordance with rules adopted under section 5104.38 of the Revised Code.
The department shall apply to the United States department of health and human services for authority to operate a coordinated program for publicly funded child care, if the director of job and family services determines that the application is necessary. For purposes of this section, the department of job and family services may enter into agreements with other state agencies that are involved in regulation or funding of child care. The department shall consider the special needs of migrant workers when it administers and coordinates publicly funded child care and shall develop appropriate procedures for accommodating the needs of migrant workers for publicly funded child care.
(B) The department of job and family services shall distribute state and federal funds for publicly funded child care, including appropriations of state funds for publicly funded child care and appropriations of federal funds available under the child care block grant act, Title IV-A, and Title XX. The department may use any state funds appropriated for publicly funded child care as the state share required to match any federal funds appropriated for publicly funded child care.
(C) In the use of federal funds available under the child care block grant act, all of the following apply:
(1) The department may use the federal funds to hire staff to prepare any rules required under this chapter and to administer and coordinate federal and state funding for publicly funded child care.
(2) Not more than five per cent of the aggregate amount of the federal funds received for a fiscal year may be expended for administrative costs.
(3) The department shall allocate and use at least four per cent of the federal funds for the following:
(a) Activities designed to provide comprehensive consumer education to parents and the public;
(b) Activities that increase parental choice;
(c) Activities, including child care resource and referral services, designed to improve the quality, and increase the supply, of child care;
(d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code.
(4) The department shall ensure that the federal funds will be used only to supplement, and will not be used to supplant, federal, state, and local funds available on the effective date of the child care block grant act for publicly funded child care and related programs. If authorized by rules adopted by the department pursuant to section 5104.42 of the Revised Code, county departments of job and family services may purchase child care from funds obtained through any other means.
(D) The department shall encourage the development of suitable child care throughout the state, especially in areas with high concentrations of recipients of public assistance and families with low incomes. The department shall encourage the development of suitable child care designed to accommodate the special needs of migrant workers. On request, the department, through its employees or contracts with state or community child care resource and referral service organizations, shall provide consultation to groups and individuals interested in developing child care. The department of job and family services may enter into interagency agreements with the department of education, the chancellor of higher education, the department of development, and other state agencies and entities whenever the cooperative efforts of the other state agencies and entities are necessary for the department of job and family services to fulfill its duties and responsibilities under this chapter.
The department shall develop and maintain a registry of persons providing child care. The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures and requirements for the registry's administration.
(E)(1) The director shall adopt rules in accordance with Chapter 119. of the Revised Code establishing both of the following:
(a) Reimbursement ceilings for providers of publicly funded child care not later than the first day of July in each odd-numbered year;
(b) A procedure for reimbursing and paying providers of publicly funded child care.
(2) In establishing reimbursement ceilings under division (E)(1)(a) of this section, the director shall do all of the following:
(a) Use the information obtained in accordance with 45 C.F.R. 98.45;
(b) Establish an enhanced reimbursement ceiling for providers who provide child care for caretaker parents who work nontraditional hours;
(c) With regard to the step up to quality program established pursuant to section 5104.29 of the Revised Code, do both of the following:
(i) Establish enhanced reimbursement ceilings for child day-care providers that participate in the program and maintain quality ratings;
(ii) Weigh any reduction in reimbursement ceilings more heavily against providers that do not participate in the program or do not maintain quality ratings.
(3) In establishing reimbursement ceilings under division (E)(1)(a) of this section, the director may establish different reimbursement ceilings based on any of the following:
(a) Geographic location of the provider;
(b) Type of care provided;
(c) Age of the child served;
(d) Special needs of the child served;
(e) Whether the expanded hours of service are provided;
(f) Whether weekend service is provided;
(g) Whether the provider has exceeded the minimum requirements of state statutes and rules governing child care;
(h) Any other factors the director considers appropriate.
Structure Ohio Revised Code
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 5104.02 | 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 5104.08 | 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 5104.14 | Readability of Materials.
Section 5104.21 | Child Day Camp Registration.
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 5104.31 | 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 5104.382 | No Contracts to Person Against Whom Finding for Recovery Has Been Issued.
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.