5101:2-12-07 Inspection of licensed child care centers in a regular license and the investigation of unlicensed child care centers.

 

 

 

5101:2-12-07               Inspection  and  investigation  rights  for  licensed  child  care centers.

 

 

 

(A)     Inspections: the Tdirector's representative The department shall investigate and inspect each center and shall provide a written inspection report to the licensee and administrator within a reasonable time after each inspection.

 

(B)   Except as provided in paragraph (C) of this rule, centers shall be inspected at least twice during every twelve month period. At least one inspection shall be unannounced.

 

(C)   The following types of centers are to be inspected at least once during every twelve month period, and at least one inspection during the licensing period for these centers shall be unannounced, except during the initial licensing period:

 

(1)  Centers designated as part time;

 

(2)   Centers which operate for more than four hours per day for no more than three weeks during the year;

 

(3)   Centers designated as school child centers, which operate only hours before and after the regular school day; or

 

(4)   Centers which operate for only three months during the summer.

 

(D)  For all types of centers all inspections may be unannounced.

 

(E)   Every person, firm, partnership, organization, institution, or agency shall cooperate with the director's representative department or any state or local official when performing duties required by Chapter 5104. of the Revised Code by:

 

(1)     Providing access to the premises at any time during operation for either announced or unannounced inspections.

 

(2)  Providing access to pertinent records upon request, or by furnishing same within a reasonable period of time, not to exceed fourteen calendar days, if said records are not required to be on file at the center.

 

(3)   Providing any other information or documentation as is necessary to determine compliance with requirements of Chapter 5104. of the Revised Code..

 

(F)     Failure  of  any  person,  firm,  partnership,  organization,  institution,  or  agency  to

 

 

cooperate with the director's representative department or any state or local official when performing duties required by Chapter 5104. of the Revised Code shall be grounds for denial or revocation of a license, pursuant to administrative hearing rights afforded by Chapter 119. of the Revised Code.

(G)   The director's representative department shall investigate and may inspect any center upon receipt of any allegations that the center is out of compliance with the requirements of Chapter 5104. of the Revised Code or Chapter 5101:2-12 of the Administrative Code.

(H)     The center owner, administrator, or designee may use the following process to request a review of the summary of findings.

(1)    If the administrator or designee of a licensed child care center disagrees with any of the findings presented and an informal inquiry does not provide a resolution of the issues, the administrator or designee may submit a written request for a review of findings within five business days from receipt of the inspection summary report to the appropriate OFJFS ODJFS licensing supervisor. The licensing supervisor shall review the findings and may meet with the administrator or designee to discuss the review. The licensing supervisor shall render a written decision of the review or meeting if one is held.

(2)   If the administrator or designee of a licensed child care center disagrees with the decision of the ODJFS licensing supervisor, pursuant to paragraph (H)(1) according to the requirements of this rule, the administrator or designee may submit a written request for a review of findings to ODJFS, chief of the licensing section, within five business days of receipt of the decision of the ODJFS licensing supervisor. The chief of the licensing section shall review the findings, the decision of the supervisor, and the review of the administrator or designee, and may meet with any or all parties. The chief of the licensing section shall render a written decision of the review or meeting if one is held. The decision of the chief of the licensing section shall be final and does not entitle the agency to any hearing rights under Chapter 119. of the Revised Code, unless the ODJFS initiates action to deny or revoke the license.

(I)   Department actions: the director The department may hold hearings, issue subpoenas, compel testimony, and make adjudications as required by rule 5101:2-12-09 of the Administrative Code.

(J)     Department actions regarding unlicensed child care: the director The department, upon receiving a complaint or otherwise being advised that the center is providing

child care without a license, shall investigate the center and may inspect areas children have access to or areas necessary for the care of children in the center during suspected hours of operation.

(K)    The director, upon determining that a center is operating without a license, shall notify the attorney general, the prosecuting attorney of the county in which the center is located, or the city attorney, village solicitor, or other chief legal officer of the municipal corporation in which the center is located, that the center is operating without a license. Upon receipt of the notification, the attorney general, prosecuting attorney, city attorney, village solicitor, or other chief legal officer of a municipal corporation shall file a complaint in the court of common pleas of the county in which the center is located, requesting that the court grant an order enjoining the owner from operating such center in violation of section 5104.02 of the Revised Code. The department may petition for injunctive relief in the following instances:

(1)     Against centers operating who have not made application for licensure, or against centers operating who have made application but are operating without a license to do so.

(2)    Against centers operating after expiration of their existing license who have failed to make a timely renewal application as required by rule 5101:2-12-06 of the Administrative Code.

(3)     Against centers operating after the adjudication order revoking an existing license or denying a filed renewal application for licensure has become final pursuant to Chapter 119. of the Revised Code.

Effective:                                                     09/01/2005

R.C. 119.032 review dates:                         03/31/2005 and 03/31/2007

CERTIFIED ELECTRONICALLY

Certification

07/25/2005

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.011, 5104.04

Rule Amplifies:                                  5104.011, 5104.04

Prior Effective Dates:                         3/1/81, 9/1/86, 1/2/92 (eMER.), 4/1/92, 4/1/03