5101:2-12-02 Application and amendments for a child care center license.  

  • Text Box: ACTION: Refiled Text Box: DATE: 10/14/2016 11:02 AM

     

     

     

    Rule Summary and Fiscal Analysis (Part A)

     

    Department of Job and Family Services

    Agency Name

     

    Division of Social Services                                  Michael Lynch

    Division                                                                  Contact

     

    OFC- 4200 E. 5th Ave., 2nd fl. J6-02 P.O. Box 183204 Columbus OH 43218-3204

    614-466-4605        614-752-8298

    Agency Mailing Address (Plus Zip)                                       Phone                     Fax

    Michael.Lynch@jfs.ohio.gov

    Email

    5101:2-12-02

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Application and amendments for a child care center license.

    RULE SUMMARY

    1.  Is the rule being filed for five year review (FYR)? No

    2.  Are you proposing this rule as a result of recent legislation? No

    3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

    4.  Statute(s) authorizing agency to adopt the rule: 5104.015

    5.  Statute(s) the rule, as filed, amplifies or implements: 5104.015, 5104.01, 5104.03

    6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

    This rule is being adopted as a result of the five year review and to improve the clarity of the regulations and the organization of the chapter. It replaces rescinded rules 5101:2-12-02, 5101: 2-12-04, and 5101: 2-12-05.

    7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE,

    then summarize the content of the rule:

    This rule describes the process and requirements for applying for a child care center license and the process to amend a currently existing child care center license.

    8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

    121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

    This rule incorporates one or more references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the Ohio Revised Code because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(1).

    This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

    This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the inner-web at http://innerapp.odjfs.state.oh.us/forms/inner.asp or on the inter-net at http://www.odjfs.state.oh.us/forms/inter.asp in accordance with RC 121.75(E).

    9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

    Not Applicable.

    10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

    Not Applicable.

    11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so. If applicable, indicate each

    specific paragraph of the rule that has been modified:

    Revise 9/20/2016

    In Appendix A: Removed the JFS 1303 "Fire Inspection Report for Child Care Centers and Type A Homes" and added "Fire inspection approval by the state fire marshal or local fire safety inspector." Also added "Articles of incorporation, if applicable."

    Refile 10/14/2016

    In Appendix A: Added language requiring an additional document that must be provided during the application process: written information for parents and employees as required by rule 5101:2-12-07.

    12.  Five Year Review (FYR) Date:

    (If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

    NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

    FISCAL ANALYSIS

    13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

    This will have no impact on revenues or expenditures. 0

    The proposed rule will not have an impact on the agency's projected budget during the current biennium.

    14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

    Not Applicable.

    15.  Provide a summary of the estimated cost of compliance with the rule to all

    directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

    There are no anticipated new costs of compliance as a result of this new rule.

    16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

    17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No

    S.B. 2 (129th General Assembly) Questions

    18.  Has this rule been filed with the Common Sense Initiative Office pursuant to

    R.C. 121.82? Yes

    19.  Specific to this rule, answer the following:

    A.) Does this rule require a license, permit, or any other prior authorization to engage in or operate a line of business? Yes

    Centers must be licensed because they serve seven or more children.

    B.) Does this rule impose a criminal penalty, a civil penalty, or another sanction, or create a cause of action, for failure to comply with its terms? Yes

    Failure to comply can result in revocation of a license.

    C.) Does this rule require specific expenditures or the report of information as a condition of compliance? Yes

    Fees are required for the application and change of location. Centers are required to report information into the Ohio Child Licensing and Quality system (OCLQS).