5101:2-13-30 Policies/procedures and insurance requirements for licensed type A homes.

 

 

 

5101:2-13-30               Requirement to provide information, policies and procedures Policies/procedures and insurance requirements for licensed type A homes.

 

 

 

(A)    The At the time of enrollment or employment the administrator shall supply the parent or guardian and all employees with written information a completed copy of the JFS 01337 "Type A Home Parent and Employee Information" (rev. 7/2009). This document shall contain the written information concerning licensing regulations, the operation of the child care program in the type A home, and all

policies  and  procedures  of  the  type  A  home.  If

at  the  time  of  enrollment  or

employment, or when there are any revisions or additions to this information, the administrator shall provide a written copy of the changes to the parents/guardians

of  each  child  and  all  employees.

The  information  shall  be  completed  on  the

prescribed form and shall include the following items.

(1)Licensing information:

(a) The home shall post the license issued by the Ohio department of job and family services in a conspicuous place in the type A home for review.

(b) A toll free number is listed on the license for reporting suspected violations of Chapter 5104. of the Revised Code or Chapter 5101:2-13 of the Administrative Code. A copy of the law and rules Oare available at the type A home for review upon request.

(c) The administrator and each employee of the type A home are required under section 2151.421 of the Revised Code to report their suspicions of child abuse or neglect to the public children services agency.

(d)Any parent or guardian of a child enrolled in a type A home shall be permitted unlimited access to the home during hours of operation for the purposes of contacting their children, or evaluating the care or the premises. A parent of a child enrolled at the home who is not the child's residential parent shall be permitted unlimited access to the home and be afforded the same rights as the residential parent unless there is court documentation limiting access and conditions of the nonresidential parent. Upon entering the home, the parents and guardians shall notify the administrator or designee of their presence.

(e) Rosters that include names and telephone numbers of parents of enrolled children are available upon request. Parents shall be notified that the rosters do not include the names or telephone numbers of those parents who requested not to be included.

(f) Licensing inspection reports and complaint investigation reports for the current licensing period must be displayed in a conspicuous location readily in view of parents or guardians.

(g) The type A home's licensing record including licensing inspection reports and complaint investigations as well as evaluation forms from the building and fire departments that inspect the home, are available upon request from the Ohio department of job and family services.

(h) It is unlawful for the type A home to discriminate in the enrollment of children upon the basis of race, color, religion, sex, national origin, or disability in violation of the Americans with Disabilities Act of 1990, 104 Stat. 32, 42 U.S.C. 12101 et seq.

(2) Type A home program information, which includes at least all of the following information:

(a) The type A home's name, address, telephone number.

(b) Days and hours of operation.

(c) The staff/child ratios maintained.

(d)Sample of the daily program schedule for all hours of operation.

(e) Procedure for parents and guardians and employees who need assistance with problems at the type A home.

(3) Type A home written information, policies and procedures, shall not be in conflict with the licensing rules and shall include at a minimum each of the following:

(a) Guidance and management policy according to the requirements of rule 5101:2-13-22 of the Administrative Code, which shall include specific behavior management techniques to be used and a statement that the requirements of rule 5101:2-13-22 of the Administrative Code apply to all employees of the type A home.

(b) Supervision  of  children  as  required  by  rule  5101:2-13-20  of  the Administrative Code.

(i) Arrival  and  departure  procedure  to  assure  that  children  are supervised by type A home staff at all times.

(ii) Procedure for releasing a child to persons other than the parent or guardian.

(iii) Procedures  regarding  releasing  a  child  according  to  a  custody agreement.

(iv) A  statement  that  all  children  will  be  supervised  at  all  times according to rule 5101:2-13-20 of the Administrative Code.

(v) Written procedures for determining the whereabouts of a child when the child is absent but scheduled to be at the type A home and the plan for operating when schools or programs are delayed or canceled.

(c) Food information as required by rule 5101:2-13-39 of the Administrative Code:

(i) Meals and snacks which will be served by the type A home.

(ii) Required nutritional information if food is provided by parents or guardians.

(d)Procedures   for   emergencies   and   accidents   as   required   by   rule 5101:2-13-34 of the Administrative Code:

(i) A summary of the action to be taken by the type A home in the case of a general emergency or a serious incident, injury or illness.

(ii) The procedure to complete a JFS 01299 "Incident/Injury Report" (rev. 6/2007).

(e) Management   of   illness   as   required   by   rules   5101:2-13-31   and 5101:2-13-33 of the Administrative Code:

(i) Symptoms for discharge.

(ii) Isolation precautions.

(iii) Means of notifying parents or guardians when their children have been exposed to communicable disease.

(iv) Procedures for administration of medication, food supplements and modified diets.

(v) Policy regarding whether or not the home allows the possession and use of an inhaler or medication by a school child when needed in an emergency for a child with a special health condition, including the procedures for obtaining consents and releases as the home deems appropriate if the home allows such possession and use.

(f)Transportation  of  children  as  required  by  rules  5101:2-12-18  and

5101:2-13-34 of the Administrative Code:

(i) Means  of  transporting  children  for  emergencies,  field  trips  and routine trips.

(ii) Specific supervision plans for field trips and routine trips, which explains how all children will be accounted for at all times while in route and at destination.

(iii) A statement that written permission from a parent or guardian is required for all trips.

(g) Swimming policy as required by rule 5101:2-13-17 of the Administrative Code:

(i) Summary of the type A home's plan for any swimming activities.

(ii) Specific supervision plan during swimming activities.

(iii) A statement that written permission from parent or guardian is required for swimming activities.

(h) Outdoor play as required by rule 5101:2-13-14 of the Administrative Code:

(i) A statement that the type A home shall provide outdoor play each day in suitable weather for toddlers, preschool, and school children in attendance four or more consecutive daylight hours.

(ii) The type A home's policy to limit outdoor play due to weather or safety issues.

(i) Evening  and  overnight  care  as  required  in  rule  5101:2-13-23  of  the Administrative Code:

(i) A  specific  plan  for  supervision  of  children  during  evening  and overnight care.

(ii) A security plan that ensures that access to the type A home is limited to parents and guardians and authorized persons.

(iii) Safe evening and overnight program and schedule.

(j) Fees, overtime charges, registration, and permanent disenrollment.

(k) Enrollment  and  health  information  which  is  required  for  admission according to rule 5101:2-13-37 of the Administrative Code.

(l) Any additional type A home policies.

(B) The written policies of the type A home shall not conflict with Chapter 5101:2-13 of the Administrative Code.

(B)(C) A copy of the type A home's written information, policies and procedures shall be available at the home for review by the departmentODJFS.

(C)(D) The parent or guardian and each employee shall sign and date a statement verifying the review and receipt of the written policies and procedures. The signed statement shall be kept on file at the type A home for review.

(D)(E) The type A home shall demonstrate in daily practice that all written policies, procedures, and statements given to the parents, guardians, and employees are followed.

(E)(F) The administrator or designee shall interview each child and their his or her parent or guardian prior to the child's admission to the program.

(F)(G)  The  type  A  home  shall  provide  the  tax  identification  number  to  parents  or guardians at the time children are accepted into the program or upon request.

(H) The  owner  of  the  type  A  home  child  care  program  shall  complete  one  of  the following:

(1) Obtain and maintain liability insurance insuring the owner of the program against liability arising out of, or in connection with, the operation of the type A home.

(a) The liability insurance shall cover any cause the owner of the type A home child care program is liable, in the amount of at least one hundred thousand dollars per occurrence and three hundred thousand dollars in the aggregate.

(b) Proof of insurance shall be maintained at the home.

(c) If the owner of the child care program is not the owner of the real property where the type A home is located and the owner of the child care program obtains liability insurance described in paragraph (H)(1) of this rule, the owner of the child care program shall name the owner of the property as an additional insured party on the liability insurance policy if all of the following apply:

(i) The owner of the property requests in writing the owner of the child

care  program  add  the  owner  of  the  property  to  the  liability insurance policy as an additional insured party.

(ii) The addition of the property owner does not result in cancellation or nonrenewal of the insurance policy.

(iii) The  property  owner  pays  any  additional  premium  assessed  for coverage of the owner of the property.

(2) Provide each parent or guardian of children receiving care in the home with a JFS 01933 "Liability Insurance Statement for Type A and Type B Family Child Care Homes" (8/2009). The JFS 01933 is to be signed by the parent or guardian and on file by the child's first day of attendance. For children currently enrolled in the type A home the JFS 01933 shall be on file within thirty days of the effective date of this rule.

(a) If the owner of the child care program is not the owner of the real property where the type A home is in operation, the statement shall also include: the owner of the property may not provide for coverage of any liability arising out of, or in connection with, the operation of the type A home.

(b) The signed JFS 01933 for each child shall be maintained at the home.

Effective:                                                     12/01/2009

R.C. 119.032 review dates:                         03/16/2009 and 12/01/2014

CERTIFIED ELECTRONICALLY

Certification

10/13/2009

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011, 5104.041

Rule Amplifies:                                  5104.011, 5104.03, 5104.041

Prior Effective Dates:                         9/5/86, 7/1/03, 9/1/05, 9/1/07