Ohio Revised Code Chapter 5104 - Child Day-care

• Section 5104.01 - Child Day-care Definitions.
  As used in this chapter: (A) "Administrator" means the person responsible for the daily operation of a center, type A home, or type B...
• Section 5104.012 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, HB 64, §105.01, eff. 9/29/2015. Amended by 130th General Assembly File No. 25, HB 59, §110.20,...
• Section 5104.013 - Criminal Records Check Of Owner Or Administrator.
  (A) (1) At the times specified in division (A)(3) of this section, the director of job and family services, as part of the process...
• Section 5104.014 - Medical Statement Of Immunization.
  (A) As used in this section: (1) "Child" includes both of the following: (a) An infant, toddler, or preschool age child; (b) A school-age...
• Section 5104.015 - Adoption Of Rules.
  The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the operation of child...
• Section 5104.016 - .
  The director of job and family services, in addition to the rules adopted under section 5104.015 of the Revised Code, shall adopt rules establishing...
• Section 5104.017 - Adoption Of Rules Governing The Operation Of Type A Family Day-care Homes.
  The director of job and family services shall adopt rules pursuant to Chapter 119. of the Revised Code governing the operation of type A...
• Section 5104.018 - Adoption Of Rules Governing The Licensure Of Type B Family Day-care Homes.
  The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the licensure of type...
• Section 5104.019 - Adoption Of Rules Governing The Certification Of In-home Aides.
  The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code governing the certification of in-home...
• Section 5104.0110 - Rules Requiring A Physical Examination.
  To the extent that any rules adopted for the purposes of this chapter require a health care professional to perform a physical examination, the...
• Section 5104.0111 - Director Of Job And Family Services; Duties.
  (A) The director of job and family services shall do all of the following: (1) Provide or make available in either paper or electronic...
• Section 5104.0112 - Regulation Of Instruction In Religious Or Moral Doctrines, Beliefs, Or Values Prohibited.
  Notwithstanding any provision of the Revised Code, the director of job and family services shall not regulate in any way under this chapter or...
• Section 5104.02 - License Required.
  (A) The director of job and family services is responsible for the licensing of child day-care centers and type A family day-care homes. Each...
• Section 5104.021 - Exemption Of Youth Development Programs.
  The director of job and family services may issue a child day-care center or type A family day-care home license to a youth development...
• Section 5104.022 - Licensing Of Foster Homes As Family Day Care Homes.
  In no case shall the director of job and family services issue a license to operate a type A family day-care home if the...
• Section 5104.03 - Application For And Renewal Of License.
  (A) As used in this section, "owner" has the same meaning as in section 5104.01 of the Revised Code, except that "owner" also includes...
• Section 5104.031 - [Renumbered].
  Renumbered as § 5104.035 by 129th General AssemblyFile No.128, SB 316, §120.01, eff. 1/1/2014. Added by 129th General AssemblyFile No.128, SB 316, §101.01, eff.
• Section 5104.032 - Physical Space Requirements For Child Day-care Centers.
  (A) The child day-care center shall have, for each child for whom the center is licensed, at least thirty-five square feet of usable indoor...
• Section 5104.033 - Staff To Child Ratios.
  A child day-care center shall have at least two responsible adults available on the premises at all times when seven or more children are...
• Section 5104.035 - Qualifications For Child Day-care Administrator.
  (A) A child day-care center administrator shall show the director of job and family services both of the following: (1) Evidence of at least...
• Section 5104.036 - Qualifications For Child-care Staff Members.
  (A) All child-care staff members of a child day-care center shall be at least eighteen years of age, shall comply with the training requirements...
• Section 5104.037 - [Repealed].
  Repealed by 131st General Assembly File No. TBD, HB 64, §105.01, eff. 9/29/2015. Renumbered from § 5104.033 by 129th General AssemblyFile No.128, SB 316,...
• Section 5104.038 - Enrollment, Health, And Attendance Records.
  The administrator of each child day-care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment...
• Section 5104.039 - Access To Centers For Parents Or Guardians.
  (A) Any parent who is the residential parent and legal custodian of a child enrolled in a child day-care center and any custodian or...
• Section 5104.04 - Investigating, Inspecting, And Licensing Procedures Established.
  (A) The department of job and family services shall establish procedures to be followed in investigating, inspecting, and licensing child day-care centers, type A...
• Section 5104.041 - Type A And B Family Day-care Home Requirements.
  (A) All type A family day-care homes and licensed type B family day-care homes shall procure and maintain one of the following: (1) Liability...
• Section 5104.042 - Suspension Of Child Day-care Center License Without Hearing.
  (A) The department of job and family services may suspend, without a prior hearing, the license of a child day-care center, type A family...
• Section 5104.05 - Requirements For Building, Fire Prevention, And Food Service.
  (A) The director of job and family services shall issue a license or provisional license for the operation of a child day-care center, if...
• Section 5104.051 - Responsibility For Inspections.
  (A) (1) The department of commerce is responsible for the inspections of child day-care centers as required by division (A)(1) of section 5104.05 of...
• Section 5104.052 - Fire Prevention And Fire Safety In Licensed Type B Family Day-care Homes.
  The director of job and family services, in cooperation with the fire marshal pursuant to section 3737.22 of the Revised Code, shall adopt rules...
• Section 5104.053 - Inspecting Unlicensed Type B Homes.
  As a precondition of approval by the state board of education pursuant to section 3313.813 of the Revised Code for receipt of United States...
• Section 5104.054 - Zoning For Type B Family Day-care Home.
  Any type B family day-care home, whether licensed or not licensed by the director of job and family services, shall be considered to be...
• Section 5104.06 - Providing Consultation And Technical Assistance.
  (A) The director of job and family services shall provide consultation, technical assistance, and training to child day-care centers , type A family day-care...
• Section 5104.061 - [Repealed].
  Effective Date: 09-01-1986
• 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.
  (A) The director of job and family services may prescribe additional requirements for licensing child day-care centers or type A family day-care homes that...
• Section 5104.08 - Day-care Advisory Council.
  (A) There is hereby created in the department of job and family services a child care advisory council to advise and assist the department...
• Section 5104.081 - Management Of Day-care Functions.
  The department of job and family services shall employ at least one senior-level, full-time employee who shall manage and oversee all child care functions...
• Section 5104.09 - Discrimination Prohibited.
  No administrator, licensee, or child-care staff member shall discriminate in the enrollment of children in a child day-care center upon the basis of race,...
• Section 5104.10 - Whistleblower Protection.
  No employer shall discharge, demote, suspend, or threaten to discharge, demote, suspend, or in any manner discriminate against any employee based solely on the...
• Section 5104.11 - [Repealed].
  Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013. Repealed by 129th General AssemblyFile No.128, SB 316, §120.03, eff. 1/1/2014....
• Section 5104.12 - Certification Of In-home Aides To Provide Publicly Funded Child Day-care.
  (A) The county director of job and family services may certify in-home aides to provide publicly funded child care pursuant to this chapter and...
• Section 5104.13 - Publishing State Statutes And Rules Governing Certification Of Type B Family Day-care Homes.
  The department of job and family services shall prepare a guide describing the state statutes and rules governing the licensure of type B family...
• Section 5104.14 - Readability Of Materials.
  All materials that are supplied by the department of job and family services to type A family day-care home providers, type B family day-care...
• Section 5104.20 - Exempting Park District And Recreation District Programs.
  This chapter does not apply to any county, township, municipal corporation, township park district created under section 511.18 of the Revised Code, park district...
• Section 5104.21 - Child Day Camp Registration.
  (A) The department of job and family services shall register child day camps and enforce this section and section 5104.22 of the Revised Code...
• Section 5104.22 - Enabling Approved Child Day Camp To Receive Public Moneys.
  (A) The director of job and family services, no later than September 1, 1993, and pursuant to Chapter 119. of the Revised Code, shall...
• Section 5104.25 - Prohibiting Smoking.
  (A) Except as otherwise provided in division (C) of this section, no child day-care center shall permit any person to smoke in any indoor...
• Section 5104.29 - Step Up To Quality Program.
  (A) As used in this section, "early learning and development program" has the same meaning as "licensed child care program" as defined in section...
• Section 5104.30 - Administration And Coordination Of Federal And State Funding For Publicly Funded Child Day-care.
  (A) The department of job and family services is hereby designated as the state agency responsible for administration and coordination of federal and state...
• Section 5104.301 - Parent Cooperative Child Day-care Centers And Parent Cooperative Type A Family Day-care Homes.
  A county department of job and family services may establish a program to encourage the organization of parent cooperative child day-care centers and parent...
• Section 5104.31 - Eligible Providers Of Services For Publicly Funded Child Day-care.
  (A) Publicly funded child care may be provided only by the following: (1) Any of the following licensed by the department of job and...
• Section 5104.32 - Provider Contracts.
  (A) Except as provided in division (C) of this section, all purchases of publicly funded child care shall be made under a contract entered...
• Section 5104.33 - Forms For Eligibility Determinations For Publicly Funded Child Day-care.
  (A) The department of job and family services shall prescribe an application form for use in making eligibility determinations for publicly funded child care....
• Section 5104.34 - Determination Of Eligibility.
  (A) (1) Each county department of job and family services shall implement procedures for making determinations of eligibility for publicly funded child care. Under...
• Section 5104.341 - Validity Of Determination Of Eligibility.
  (A) An eligibility determination made under section 5104.34 of the Revised Code for publicly funded child care is valid for one year . (B)...
• Section 5104.35 - County Department Of Job And Family Services - Powers And Duties.
  (A) Each county department of job and family services shall do all of the following: (1) Accept any gift, grant, or other funds from...
• Section 5104.36 - Record For Each Eligible Child.
  The licensee or administrator of a child day-care center , type A family day-care home, or licensed type B family day-care home, an in-home...
• Section 5104.37 - Withholding And Recovering Money; Actions Against Providers.
  (A) As used in this section, "eligible provider" means an individual or entity eligible to provide publicly funded child care pursuant to section 5104.31...
• Section 5104.38 - Rules Governing Financial And Administrative Requirements For Publicly Funded Child Day-care.
  In addition to any other rules adopted under this chapter, the director of job and family services shall adopt rules in accordance with Chapter...
• Section 5104.381 - [Repealed].
  Effective Date: 05-18-2005
• Section 5104.382 - No Contracts To Person Against Whom Finding For Recovery Has Been Issued.
  In adopting rules under division (A) of section 5104.38 of the Revised Code establishing criteria for eligibility for publicly funded child care, the director...
• Section 5104.39 - Monitoring Present And Anticipated Future Expenditures For Publicly Funded Child Day-care.
  (A) The director of job and family services shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a procedure for...
• Section 5104.40 - Implementation Of Rules.
  A county department of job and family services shall not be held responsible for implementing any rule adopted under this chapter regarding publicly funded...
• Section 5104.41 - Protective Day-care For Homeless Children.
  A child and the child's caretaker who either temporarily reside in a facility providing emergency shelter for homeless families or are determined by the...
• Section 5104.42 - Payment Procedure For Publicly Funded Child Care.
  (A) The director of job and family services shall adopt rules pursuant to section 111.15 of the Revised Code establishing a payment procedure for...
• Section 5104.43 - Deposits Into Public Assistance Fund.
  Each county department of job and family services shall deposit all funds received from any source for child care services into the public assistance...
• Section 5104.44 - Effect Of Child Support Default On License Or Certificate.
  On receipt of a notice pursuant to section 3123.43 of the Revised Code, the department of job and family services shall comply with sections...
• Section 5104.99 - Penalty.
  (A) Whoever violates section 5104.02 of the Revised Code shall be punished as follows: (1) For each offense, the offender shall be fined not...

Last modified: October 10, 2016