5101:2-12-14 Transportation and field trip safety for a licensed child care center.  

  • Text Box: ACTION: Refiled Text Box: DATE: 10/14/2016 11:15 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

    5101:2-12-14

    Rule Number

    NEW

    TYPE of rule filing

    Rule Title/Tag Line              Transportation and field trip safety for 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: 5104.015

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

    This rule is being adopted to improve the clarity of the regulations and the organization of the chapter. It replaces rescinded rules 5101:2-12-18, 5101:2-12-18.1 and 5101:2-12-18.2.

    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,

    Page 2                                                                                    Rule Number: 5101:2-12-14

    then summarize the content of the rule:

    This rule outlines transportation requirements for a licensed child care center.

    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:

    Page 3                                                                                    Rule Number: 5101:2-12-14

    Refile 10/14/2016:

    Paragraph (C)(11) was revised to remove the training requirement pursuant to rule 3301-83-10 of the Administrative Code. The rule language now states, "be trained utilizing the Ohio department of job and family services (ODJFS) driver training if the driver is an employee of the center."

    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

    Page 4                                                                                    Rule Number: 5101:2-12-14

    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

    There may be voluntary costs if children are transported to school or on field trips.

    ACTION: Refiled

    Ohio Department of Job and FamiDly SAeTrviEce:s 10/14/2016 11:15 AM

    CHILD ENROLLMENT AND HEALTH INFORMATION

    FOR CHILD CARE

    This form shall be completed prior to the child's first day of attendance and updated annually and as needed.

    Child's Name

    Date of Birth

    First Day at Program/Home

    Home Address

    City

    State

    Zip Code

    Home Telephone Number

    Parent/Guardian Name

    Relationship to Child

    Home Address

    Home Telephone Number

    City

    State

    Zip

    Email Address (if applicable)

    Cell Phone

    Parent's Work/School Telephone Number

    Parent's Work/School Name

    Parent's Work/School Address

    City

    Please indicate if this name should be released if a parent/guardian, of a child attending the center/home, requests contact information for other parents/guardians.               Yes    No

    If you answered yes, please indicate which number(s) above to include on the list     Work #          Cell #           Home #        Email

    Where can you be reached while your child is in this program/home?

    Parent/Guardian Name

    Relationship to Child

    Home Address

    Home Telephone Number

    City

    State

    Zip

    Email Address (if applicable)

    Cell Phone

    Parent's Work/School Telephone Number

    Parent's Work/School Name

    Parent's Work/School Address

    City

    Please indicate if this name should be released if a parent/guardian, of a child attending the center/home, requests contact information for other parents/guardians.           Yes           No

    If you answered yes, please indicate which number(s) above to include on the list     Work #          Cell #           Home #        Email

    Where can you be reached while your child is in this program/home?

    Emergency Contacts: Parents cannot be listed as emergency contacts.  List the name of at least one person who can be contacted in the event of an emergency or illness if you cannot be reached.  Any person listed should be able to assist in contacting you.  At least one person listed must be within one hour of the center/home, able to take responsibility for the child in case the parent/guardian cannot be contacted and should be at least 18 years of age.

    Name

    Name

    City

    State

    City

    State

    Telephone Number

    Relationship to Child

    Telephone Number

    Relationship to Child

    Other numbers where emergency contact can be reached (if applicable)

    Other numbers where emergency contact can be reached (if applicable)

    Name of Physician or Clinic/Hospital

    Street Address

    City

    State

    Telephone Number

    Child's Name

    Allergies, Special Health or Medical Conditions, and Food Supplements

    Fill in this section accurately and completely.  Please note that if your child has a current health or medical condition requiring child care staff to perform child specific care, such as: to monitor the condition, provide treatment, care, or to give medication, the JFS 01236 "Medical/Physical Care Plan" or equivalent form and/or the JFS 01217 "Request for Administration of Medication" must be completed and be kept on file at the center or type A home.

    Does your child have any food, medication or environmental allergies? (check all that apply) No

    Yes - check all that apply        Food        Medication           Environmental         Please list and explain:

     

     

     

     

     

    Does your child's allergy/allergies require child care staff to monitor your child for symptoms, take action if a reaction occurs, or give emergency medication to your child? (check one)

    No

    Yes - a JFS 01236 "Medical/Physical Care Plan" or equivalent form and if administering medication, a JFS 01217 "Request for Administration of Medication" must be completed.

    Does your child have a special health or medical condition? (check one) No

    Yes - please explain

     

     

     

     

     

     

     

    Does the special health or medical condition require child care staff to perform a procedure, or perform child specific care such as: to monitor your child for symptoms or administer medication during child care hours? (check one)

    No

    Yes - a JFS 01236 "Medical/Physical Care Plan" or equivalent form and if administering medication, a JFS 01217 "Request for Administration of Medication" must be completed.

    Is your child currently using any medication, food supplement or medical food (such as electrolyte solution)? (check one) No

    Yes - please explain

     

     

     

     

    If yes, does this medication, food supplement, or medical food need to be administered at the child care center/type A home?

    No

    Yes - a JFS 01217 "Request for Administration of Medication" must be completed and kept on file for each medication, food supplement or medical food.

    N/A - program does not administer any medications.

    Does your child have any dietary restrictions, including those for medical, religious or cultural reasons? (check one) No

    Yes - please explain

     

     

     

    Does this dietary restriction require a modified diet that eliminates all types of fluid milk or an entire food group?

    No

    Yes - written instructions from the child's health care provider must be on the JFS 01217 "Request for Administration of Medication."

    N/A - child does not attend a full time program.

    JFS 01234 (Rev. 12/2016)                                                                                                                                                                                                                              Page 2 of 3

    Child's Name

    List any history of hospitalization, outpatient surgery, or previous health concerns that would be needed to assist the staff or medical personnel in an emergency situation.

    List any additional information about your child that would be useful for staff to know, such as fears, eating or sleeping habits, or special routines. This information should not be medical or health related, as that information should be included on the previous page.

    Diapering Statement

    Emergency Transportation Authorization

    Give Permission to Transport

     

     

    OR

    Do not sign both

    Do Not Give Permission to Transport

    Program or Home Name

    Program or Home Name

    has permission to secure emergency transportation for my child in the event of an illness or injury which requires emergency treatment. The emergency transportation service will determine the facility to which my child will be transported.

    does not have permission to secure emergency transportation for my child in the event of an illness or injury which requires emergency treatment. I wish for the following action to be taken:

    Parent's Signature

    Date

    Parent's Signature

    Date

    Acknowledgement of Policies and Procedures

    I have reviewed and received a copy of the program's or home's policies and procedures/handbook.     Yes        No

    (check one)

     

    This form, after being completed and signed by the parent/guardian, must be reviewed for completeness and signed by the administrator/designee prior to the child receiving care.

    Parent/Guardian Signature(s)

    Date

    Administrator/Designee Signature

    Date

    The form is to be initialed and dated, at least annually, after it has been reviewed by the parent/guardian. This is to indicate all information has stayed the same or changes have been noted. If significant changes are needed, please complete a new form.

    Parent/Guardian Initials

    Date of Review

    Administrator/Designee Initials

    Date of Review

    Parent/Guardian Initials

    Date of Review

    Administrator/Designee Initials

    Date of Review

    Parent/Guardian Initials

    Date of Review

    Administrator/Designee Initials

    Date of Review

    Note: This is a prescribed form which must be used by child care providers to meet the requirements to rules 5101:2-12-15 and 5101:2-13-15.  This form must be on file at the program or home on or before the child's first day of attendance and thereafter while the child is enrolled.

    JFS 01234 (Rev. 12/2016)                                                                                                                                                                                                                             Page 3 of 3

    Text Box: ACTION: Refiled                                                                                                           Text Box: DATE: 10/14/2016 11:15 AM

    Ohio Department of Job and Family Services  CHILD MEDICAL/PHYSICAL CARE PLAN FOR CHILD CARE

    Child'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

    Text Box: ACTION: Refiled                                                                                                                                              Text Box: DATE: 10/14/2016 11:15 AM

    Ohio Department of Job and Family Services

    CONTRACTED DRIVER QUALIFICATIONS STATEMENT FOR CHILD CARE

    Contracted drivers who are not used in the staff/child ratios and who are not employees of the center or family child care home shall annually provide a signed statement from their employer attesting that the employer has verified the following requirements for the employee.

    Name of Employee

    Yes            No

    This driver is at least eighteen years old.

     

    Yes           No

    This driver holds a currently valid driver's license required for the vehicle driven in accordance with Ohio law.

     

    Yes            No

    This driver is free from the influence of any substance which could impair driving abilities.

     

     

    Yes            No

    This driver has been fingerprinted and has had a BCI criminal records check that meets child care licensing requirements. The results indicate that they have not been convicted or pleaded guilty to a prohibited offense listed in division (A)(5) of section 109.572 of the Revised Code (see prohibited convictions listed on the back of this form.)*

    I attest that I have verified the information requested above for this employee and have truthfully completed this document.

    Name of driver's employing agency

    Person at the employing agency who verified above information (please print)

    Job title

    Signature

    Date

    Signature of employee

    Date

    To be in compliance with the requirements of the rules listed below, all "Yes/No" questions must be answered with a "Yes" and all information requested must be completed.

     

    *Persons with a prohibited conviction may still be eligible to be employed if they meet specific rehabilitation criteria as prescribed in rules 5101:2-12-09 or 5101:2-13-09 of the Administrative Code. More information can be found on the JFS 01206, online at: http://www.odjfs.state.oh.us/forms/inter.asp or contact the Child Care Policy Help Desk at: 1 (877) 302-2347 Option #4.

    JFS 01266 (Rev. 12/2016)                                                                                                                                                           Page 1 of 2

    Homicide

    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. 2913.21 - Misuse of credit cards

    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.)

    JFS 01266 (Rev. 12/2016)                                                                                                                                                                                   Page 2 of 2

    Text Box: ACTION: Refiled                                                                                                           Text Box: DATE: 10/14/2016 11:15 AM

    Ohio Department of Job and Family Services VEHICLE INSPECTION REPORT FOR CHILD CARE CENTERS

     

    Rule 5101:2-12-14 requires that vehicles operated by the center or driven by center staff to transport children for routine trips or field trips shall be mechanically safe and shall receive an annual safety check from an automotive service excellence (ASE) certified mechanic or other entity pre-approved by the Ohio Department of Job and Family Services (ODJFS).

    Vehicle Owner' Name

    Vehicle ID Number

    Vehicle Make

    Vehicle Model

    License Plate Number

    Date of Inspection

    Please check each item that has been inspected and found to be in working order:

     

    Pass          Fail                                                                                                           Pass          Fail

     

    c     c Lights and turn signals                           c     c Horn

     

    c     c Brakes                                                     c     c Tires

     

    c     c Windshield Wipers                                 c     c Seat Belts

    Please check one:

    ASE Identification

    c   ASE Certified Mechanic                  number

    c   State Highway Patrol

    Please specify

    c   Other (must be pre-approved by ODJFS)

    I have inspected this vehicle and found all specified parts in good working order and safe for use with children.      c Approved        c Not Approved (must be re-inspected after repairs have been made)

    Printed name of person completing inspection

    Signature of person completing inspection                                                     Date

    c Re-inspected and approved

     

    Printed name of person completing inspection

     

    Signature of person completing re-inspection                                            Date

           JFS 01230 (Rev. 12/2016)