5101:2-12-37 Children's medical and enrollment records for licensed child care centers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Mike Lynch

Division                                                                  Contact

 

30 E. Broad St., 31st Floor ODJFS, Office of Legal Services Columbus OH 43215-3414

614-466-4605        614-752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:2-12-37

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Children's medical and enrollment records for licensed child

care centers.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? 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: 5104.011

5.  Statute(s) the rule, as filed, amplifies or implements: 5104.011

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

This rule is being proposed for amendment to clarify child care licensing policy.

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 contains the requirements for medical and enrollment records for licensed child care centers. This rule is being amended to update a form and clarify language

regarding immunization records and medical exams.

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 "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) 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:

10-21-08 revise

Paragraph (A) added a comma after the " licensed child care center" and "at the center", removed "attending" and replaced it with "who attend"

Paragraph (A)(1)added a period after the word "months", removed "and" and added "This statement shall" and "at the center" removed ",until the children are attending a grade of kindergarten or above"

Paragraph (A)(2)(e) deleted "is included and that the physician, PA or APN has reviewed the child's record against the immunizations recommended by the ODH or has documented an exemption. ODH recommended immunization schedule is appendix A to this rule."

Paragraph (A)(2)(f)added. Paragraph (A)(2)(g)added.

Paragraph (B) added the word "a" before "completed", removed "enrollment records which include health records, emergency transportation information, and parent or guardian roster permissions for each child", changed revision date to 2/2009 and added "for each child".

Paragraph (B)(1) added "JFS 01234" after "child's", removed "enrollment records", added "and it shall be", removed "All records shall be", removed comma and inserted a period after the word "designee", Add "The JFS 01234", removed the word "and".

Paragraph (B)(2) Removed "for those children who do not receive immunizations" 9-23-08 revise

Paragraph (A) added language "including those children who are attending kindergarten at the center shall secure and have on file verification of a medical exam" and "children attending a grade of kindergarten and above in an elementary school are exempt from this requirement."

Paragraph (A)(2)changed "A" to "The".

Paragraph (A)(2)(e): the following language has been reinstated "is included and that the physician, PA or APN has reviewed the child's record against the immunizations recommended by the Ohio department of health (ODH)" Also in the same paragraph added "or has documented an exemption". Removed "The" before ODH and changed "is available as" to "is".

Paragraph (B) changed "all children" to "each child".

Paragraph (B)(1) added "and revised as needed" and "at least" to the last sentence.

Paragraph (B)(2) added "for those children who do not receive immunizations" to the end of the sentence.

The new appendix was replaced to remove the word "requirements" from the first

column heading for immunizations for child care/head start and preschool attendance.

12. 119.032 Rule Review Date: 4/1/2011

(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. 0.00

This proposed rule will not change 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 may be costs for licensed child care centers in regard to using an updated form.

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