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
5101:2-12-14
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 It replaces rescinded rules 5101:2-12-18, 5101:2-12-18.1 and 5101:2-12-18.2.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
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
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
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)
Document Information
- File Date:
- 2016-10-14
- CSI:
- Yes
- Rule File:
- 5101$2-12-14_PH_RF_N_RU_20161014_1115.pdf
- RSFA File:
- 5101$2-12-14_PH_RF_N_RS_20161014_1115.pdf
- Related Chapter/Rule NO.: (1)
- Ill. Adm. Code 5101:2-12-14. Outdoor play requirements for licensed child care centers