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
5101:2-12-03
Rule Number
NEW
TYPE of rule filing
Rule Title/Tag Line Compliance inspection and complaint investigation of a
licensed child care center.
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: 5104.04, 5104.015
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 It replaces rescinded rules 5101: 2-12-07 and 5101:2-12-08.
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 outlines guidelines and timeframes for inspections and investigations of licensed child care centers.
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 File 9/20/2016 In Appendix A:
Changed language in rule 5101:2-12-11 to say "equipment and/or ropes not securely anchored"
Added language in rule 5101:2-12-12 to say "children not protected from unsafe items, conditions or situations" and "illegal drugs on premises or alcohol in area used for child care"
Changed language in rule 5101:2-12-18 to say "Additional employee or child care staff member not present when required but not present."
Refile 10/14/2016 In Appendix A:
Added "0" in "JFS 01328" in rule 5101:2-12-09.
Added "Weapons" and "ammunition materials" in rule 5101:2-12-12
Changed language in rule 5101:2-12-14 to say "children sitting on floor or standing in moving vehicle." Changed "second adult" to "additional adult."
Added "JFS 01235" in rule 5101:2-12-20.
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? No
Ohio Department of Job and Family Services
REQUEST FOR REVIEW FOR LICENSING AND STEP UP TO QUALITY
Program Information
Program Name
License Number
Administrator Name
Phone Number
Program Address
City, State, Zip Code
E-Mail Address
Detailed description of the requested findings included in this request, indicate rule citation, noncompliance/decision, date of noncompliance/decision and what is being requested for review by the program.
Name of Person Making Request
Title
Signature of Person Making Request
Date of Signature
Return completed request with applicable documentation to support the request. This form is to be e-mailed or mailed to your licensing specialist within seven business days from the receipt of the findings. E-mailing this form will time stamp the application for review.
JFS 01155 (12/2016)
Ohio Department of Job and Family Services
STATEMENT OF NONCONVICTION FOR CHILD CARE
SECTION I:Name (please print or type)
I hereby attest that I have never been convicted of or pleaded guilty to crimes set forth in divisions (A)(4) or (A)(5) of section 109.572 of the Revised Code and that no child has been removed from my home as described in section 2151.353 of the Revised Code.
I have been convicted of a crime included in divisions (A)(4) or (A)(5) of section 109.572 of the Revised Code.
I have had a child removed from my home as described in section 2151.353 of the Revised Code.
Signature of Person Completing Form
Date
Street Address
City
State
Zip Code
Telephone Number
The licensee of a family child care home shall sign the following statement on his or her own form only: I hereby attest that no one who resides in my home and who is under eighteen years of age has been adjudicated a delinquent child for committing a violation of any offense listed in divisions (A)(8) or (A)(9) of section 109.572 of the Revised Code.
Signature
Date
Note: Anyone who withholds information from, or falsifies information on this statement is guilty of falsification, a misdemeanor of the first degree. If the offender is an owner of a center, a licensee of a family child care home, or an in-home aide, the conviction constitutes grounds for denial, revocation or refusal to renew a child care license application or child care license. If the offender is a child care staff member of a center or family child care home, or is a person eighteen years of age or older who resides in a family child care home or is a substitute, and if the owner or licensee had knowledge of, and acquiesced in the commission of the offense, the conviction constitutes grounds for denial, revocation or refusal to renew a child care license.
SECTION II: (required for new hires and new residents only)
Date BCI/FBI RequestedFirst Day of Employment/Residence
JFS 01328 (Rev. 12/2016) Page 1 of 2
Homicide
Prohibitive Offenses found in division (A)(5) of section 109.572 of the Revised Code
R.C. 2913.21 - Misuse of credit cards
R.C. 2903.01 - Aggravated murder
R.C. 2903.02 - Murder
R.C. 2903.03 - Voluntary manslaughter
R.C. 2903.04 - Involuntary manslaughter
Assault
R.C. 2903.11 - Felonious assault
R.C. 2903.12 - Aggravated assault
R.C. 2903.13 - Assault
R.C. 2903.16 - Failing to provide for a functionally impaired person
Menacing
R.C. 2903.15 - Permitting child abuse
R.C. 2903.21 - Aggravated menacing
R.C. 2903.211- Menacing by stalking
R.C. 2903.22 - Menacing
Patient abuse and neglect
R.C. 2903.34 - Patient abuse, neglect
Kidnapping and related issues
R.C. 2905.01 - Kidnapping
R.C. 2905.02 - Abduction
R.C. 2905.04 - Child stealing (as this law existed prior to July 1, 1996)
R.C. 2905.05 - Criminal child enticement
R.C. 2905.32 - Trafficking in persons
Sex offenses
R.C. 2907.02 - Rape
R.C. 2907.03 - Sexual battery
R.C. 2907.04 - Corruption of a minor
R.C. 2907.05 - Gross sexual imposition
R.C. 2907.06 - Sexual imposition
R.C. 2907.07 - Importuning
R.C. 2907.08 - Voyeurism
R.C. 2907.09 - Public indecency
R.C. 2907.12 - Felonious sexual penetration (as this former section of law existed)
R.C. 2907.19 - Commercial sexual exploitation of a minor
R.C. 2907.21 - Compelling prostitution
R.C. 2907.22 - Promoting prostitution
R.C. 2907.23 - Procuring
R.C. 2907.24 - Soliciting - after positive HIV test driver's license suspension
R.C. 2907.25 - Prostitution
R.C. 2907.31 - Disseminating matter harmful to juveniles
R.C. 2907.32 - Pandering obscenity
R.C. 2907.321 - Pandering obscenity involving a minor
R.C. 2907.322 - Pandering sexually oriented matter involving a minor
R.C. 2907.323 - Illegal use of a minor in nudity-oriented material or performance
Arson
R.C. 2909.02 - Aggravated arson
R.C. 2909.22 - Soliciting or providing support for act of terrorism
R.C. 2909.23 - Making terroristic threat
R.C. 2909.24 - Terrorism
R.C. 2909.03 - Arson
Robbery and Burglary
R.C. 2911.01 - Aggravated robbery
R.C. 2911.02 - Robbery
R.C. 2911.11 - Aggravated burglary
R.C. 2911.12 - Burglary
Theft and Fraud
R.C. 2913.02 - Theft; aggravated theft
R.C. 2913.03 - Unauthorized use of a vehicle
R.C. 2913.04 - Unauthorized use of property, computer, cable, or telecommunication property or service
R.C. 2923.02 - Attempt
R.C. 2913.041 - Possession or sale of unauthorized cable television device
R.C. 2913.33 - Making or using slugs
R.C. 2913.05 - Telecommunications fraud
R.C. 2913.06 - Unlawful use of telecommunications
R.C. 2913.11 - Passing bad checks
R.C. 2913.31 - Forgery; identification card
R.C. 2913.32 - Criminal simulation
R.C. 2913.40 - Medicaid fraud
R.C. 2913.41 - Prima facie evidence of purpose to defraud
R.C. 2913.42 - Tampering with records
R.C. 2913.43 - Securing writings by deception
R.C. 2913.44 - Personating an officer
R.C. 2913.441- Law Enforcement emblem display
R.C. 2913.45 - Defrauding creditors
R.C. 2913.46 - Illegal use of food stamps or WIC program benefits
R.C. 2913.47 - Insurance fraud
R.C. 2913.48 - Worker's compensation fraud
R.C. 2913.49 - Identity fraud
Offenses against the family
R.C. 2919.12 - Unlawful abortion
R.C. 2919.22 - Endangering children
R.C. 2919.23 - Interference with custody
R.C. 2919.24 - Contributing to unruliness or delinquency of a child
R.C. 2919.25 - Domestic violence
R.C. 2919.224 - Misrepresentation relating to provision of child care
R.C. 2919.225- Disclosure and notice regarding death or injury of child in facility
Offenses against justice and public administration
R.C. 2921.11 - Perjury
R.C. 2921.13 - Falsification
R.C. 2921.14 - Making or causing false report of child abuse or Neglect
Weapons control
R.C. 2923.12 - Carrying a concealed weapon
R.C. 2923.13 - Having a weapon while under disability
R.C. 2923.161 - Improperly discharging a firearm at or into a habitation or school
R.C. 2923.01 - Conspiracy
R.C. 2923.02 - Attempt, that relates to a crime specified in division
109.572 (A)(5)
R.C. 2923.03 - Complicity, that relates to a crime specified in division
109.572 (A)(5)
Drug offenses
R.C. 2925.02 - Corrupting another with drugs
R.C. 2925.03 - Trafficking in drugs
R.C. 2925.04 - Illegal manufacture of drugs or cultivation of marijuana
R.C. 2925.05 - Funding of drug or marijuana trafficking
R.C. 2925.06 - Illegal administration or distribution of anabolic steroids
R.C. 2925.11- Possession of drugs or marijuana that is not a minor drug possession offense in section R.C. 2925.01
Other
R.C. 959.13 - Cruelty to animals
R.C. 2151.421- Reporting child abuse or neglect
R.C. 2905.11 - Extortion
R.C. 3716.11 - Placing harmful objects in food or confection
R.C. 2909.04 - Disrupting public services
R.C. 2909.05 - Vandalism
R.C. 2917.01 - Inciting to violence
R.C. 2917.02 - Aggravated riot
R.C. 2917.03 - Riot
R.C. 2917.31 - Inducing panic
R.C. 2921.03 - Intimidation
R.C. 2921.34 - Escape
R.C. 2921.35 - Aiding escape or resistance to authority
R.C. 2927.12 - Ethnic intimidation
R.C. 4511.19 - Operating vehicle under the influence of alcohol or drugs- OVI. (A second violation within five years of the date of application for licensure or employment).
*Or an existing or former offense of any municipal corporation, this state, or any other state, or the United States that is substantially equivalent to any of these offenses.
JFS 01328 (Rev. 12/2016) Page 2 of 2
Ohio Department of Job and Family Services CHILD MEDICAL/PHYSICAL
CARE
PLAN FOR
CHILD CAREChild's Name Date of Birth
Special Health Conditions
Symptoms to watch for and emergency action to be taken if the following symptoms occur
Activities/foods/environmental conditions to avoid, if applicable
Medical procedures to be followed and expected benefit of treatment, if applicable
Are any medications required? c Yes c No (If yes, complete JFS 01217 "Request for Administration of Medication")
If yes, what medications?
In an emergency does this child require additional assistance (more than other children of the same age or in the same group) to evacuate? c Yes c No
In the event that the child care program must be evacuated, are there medications or supplies that must be taken with this child? c Yes c No
Training Instructions (Trainer must be a parent or certified professional)
Signature of Trainer Date
Signature of trained providers, substitutes or child care staff members who have been made aware of the condition.
(There must always be a trained caregiver present when the child is present.)
Signature Date I have been
Informed
Signature Date I have been
Informed
Signature Date I have been
Informed
Signature Date I have been
Informed
I have been
Trained I have been
Trained
I have been
Trained I have been
Trained
(Only trained providers, substitutes or child care staff members shall be permitted to perform medical procedures listed above.)
Additional services (educational/therapeutic) child is receiving
Who provides the above services?
Name Phone Number May we contact? Yes No
Name Phone Number May we contact? Yes No
I give my permission for the staff listed above to perform the procedures in my child's Medical/Physical Care Plan.
Parent Signature
Date
Administrator/Provider Signature
Date
Note: A separate plan must be written for each condition that requires different actions to be taken
Document Information
- File Date:
- 2016-10-14
- CSI:
- Yes
- Rule File:
- 5101$2-12-03_PH_RF_N_RU_20161014_1102.pdf
- RSFA File:
- 5101$2-12-03_PH_RF_N_RS_20161014_1102.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 5101:2-12-03. License capacity for licensed child care centers