Header:
OHIO ADMINSTRATIVE CODE ANNOTATED
5101:2 DIVISION OF SOCIAL SERVICES
CHAPTER 5101:2-12 LICENSING OF CHILD CARE CENTERS
Date:
09/28/2012
Document:
5101:2-12-25. Employee and child care staff member requirements for licensed child care centers.
(A) Every administrator, employee, and child care staff member of a child care center shall be mentally and physically able to carry out their duties. No child care center shall employ as a child care staff member a person whose physical or mental disability would prevent such person from recognizing and acting upon any hazards to a child's safety and well being.
(1) Each administrator, employee, and child care staff member shall receive a medical examination from a licensed physician, a physician's assistant, advanced practice nurse or a certified nurse practitioner within twelve months prior to the first day of employment.
(2) A completed form, verifying the exam, shall be on file the first day of employment for review by the director's representative.
(3) The medical statement form shall include all of the following:
(a) The date of the examination.
(b) The signature, business address, and telephone number of the licensed physician, physician's assistant or certified nurse practitioner who completed the examination.
(4) The medical form shall be signed by the physician, physician's assistant or certified nurse practitioner verifying that the employee is all of the following:
(a) Physically fit for employment in a facility caring for children.
(b) Immunized against measles, mumps and rubella (MMR), except that for persons born on or before December 31, 1956, a history of measles or mumps disease may be substituted for the vaccine. A history of rubella disease shall not be substituted for rubella vaccine. Only a laboratory test demonstrating detectable rubella antibodies shall be accepted in lieu of rubella vaccine.
(c) Immunized against tetanus and diphtheria. At the time the next booster for tetanus and diphtheria is due, the employee must also be immunized against pertussis (Tdap). All employees must have verification of being immunized against pertussis by January 1, 2017.
(5) An employee may be exempt from the immunization requirement for religious reasons upon filing a written request with the center, and for medical reasons upon filing a written request signed by a licensed physician.
(6) An additional report or examination by a licensed physician or mental health professional may be required when there is concern about an employee's ability to perform required duties.
(B) Except as otherwise provided in this rule, a child care staff member shall be at least eighteen years of age and have completed a high school education as defined below.
(1) There shall be on file at the center on the first day of employment evidence to verify each child care staff member's high school education. Verification of high school must be one of the following:
(a) A copy of a high school diploma recognized by the state board of education or the appropriate agency of another state as equivalent to a high school education.
(b) A copy of other written documentation approved by the department verifying high school completion or equivalency, such as the Ohio general educational development high school equivalence diploma (GED).
(c) A copy of a transcript from an accredited college, university or technical college indicating that the student has completed the high school education requirements and has been accepted to or is in the process of taking college coursework.
(d) A copy of the degree or transcript verifying completion of an associates degree or higher from an accredited college, university or technical college.
(2) Any child care staff member employed prior to January 1, 1972, by the same employer and continually employed at the same site, shall be exempt from the requirements of paragraph (B) of this rule.
(3) A child care staff member who is receiving or has completed the final year of instruction at home as authorized under section 3321.04 of the Revised Code or has graduated from a nonchartered, nonpublic school in Ohio shall be exempt from the educational requirements of this rule.
(a) A child care staff member who is being or who has been home schooled, shall submit documentation from the superintendent, exempt village school district or educational service center for the district in which the child resides which states the child is or was excused from attendance.
(b) A child care staff member who has graduated from a nonchartered, nonpublic school in Ohio shall submit a copy of the high school diploma that was received from the school.
(4) A graduate of a two year vocational child care training program approved by the state board of education may be less than eighteen years of age and be a child care staff member. There shall be on file at the center evidence to verify the child care staff member's graduation from an approved program. Evidence shall be:
(a) A copy of a diploma or a transcript verifying graduation from an approved vocational child care training program; or
(b) A copy of other written evidence approved by the director.
(C) A child care staff member may include a student that is less than eighteen years of age if the student is enrolled in the second year of a vocational child care training program approved by the state board of education which leads to high school graduation. The following requirements shall be met:
(1) The student shall perform duties under the supervision of an experienced child care staff member. A child care staff member shall be on the premises at all times a student is responsible for the care and supervision of children.
(2) The student shall not perform the duties of the second adult on the premises as required by rule 5101:2-12-20 of the Administrative Code unless the student is eighteen years of age.
(3) The student shall receive periodic supervision from the teacher coordinator of the vocational child care training program.
(4) There shall be on file at the center a signed statement from the teacher coordinator of the vocational child care training program that verifies that the student is in the second year of a vocational child care training program and that the student is receiving periodic supervision.
(D) The center shall maintain documentation for each current employee on file at the center. Employment records shall be made available upon request by the department for at least three years after each employee's departure. Information shall include days and hours worked, duties and group assignments, if applicable.
(E) A parent or guardian of a child enrolled in the center shall be exempt from the requirements in this rule unless the parent or guardian is acting as an employee or child care staff member. Parents who do not meet the requirements of this rule may not be counted in the staff/child ratio or be left alone with children, except as a driver for a field trip as specified in paragraph (A)(3) of rule 5101:2-12-18 of the Administrative Code.
(F) The orientation training shall be completed within ninety days of starting employment at the center as a child care staff member. This orientation shall be presented by the administrator or designee who meets administrator qualifications.
(1) The orientation training shall include all of the following topics that pertain to the center:
(a) Active supervision of children.
(b) Appropriate child management techniques, including basic developmental expectations for the age group(s) with which the child care staff member will be working.
(c) Maximum required staff/child ratios and maximum group sizes.
(d) Fieldtrip and swimming safety.
(e) Attendance requirements.
(f) Hand washing.
(g) Diapering.
(h) Emergencies, including which staff have current first aid training.
(i) Evacuation procedures for fire, tornado, and general emergencies.
(j) Child abuse reporting requirements.
(k) Communicable disease policy, which staff have current communicable disease training, standard precautions and location of communicable disease chart.
(l) Medication policy and who is the designated person(s) to administer medicines and/or treatments.
(m) The names and ages of the children for whom the child care staff member will be responsible and if any child has special needs or health concerns.
(n) A copy of the daily schedule for the classroom(s) in which the child care staff member will be working.
(o) Parent policies addressed in the written parent policy handbook that pertain to the child care staff member's classroom or that the child care staff member would be responsible for implementing.
(p) Rules and laws that pertain to any of the above categories.
(2) The course outline prepared by the department shall be utilized for all trainings.
(3) The training shall include interactive opportunities, appropriate role modeling, discussion with questions and answers and demonstrations as needed.
(4) To document completion of this training staff and the administrator shall sign the JFS 01246 "Child Care Staff Member Orientation and Policy Review Statement" (rev. 9/2011). This completed form shall be kept on file at the center.
(5) Child care staff members who complete or have completed this training after November 1, 2010 using the online curriculum may receive up to five hours of electronic media inservice training. The JFS 01307 "Inservice Training" (rev. 7/2010) shall be used to document the inservice credit. Only the original, full training shall be used to receive inservice training hours.
(6) Once an employee or child care staff member has completed this orientation training and then begins employment at another licensed child care program, the employee will need to only complete the sections of the training relating to center specific policies and procedures. A copy of the original JFS 01246 verifying completion of the full orientation training shall be kept on file at the center.
(G) At the time of employment the administrator shall review center policies, procedures, and licensing rules that pertain to their area of work, with each employee of the center and each child care staff member of the center. All employees and child care staff members shall sign the JFS 01246, to be kept on file at the center, verifying the review of the pertinent licensing rules and review and receipt of a copy of each of the following:
(1) The center's parent/employee policies and procedures;
(2) The center's medical, dental, and general emergency plan.
(H) A copy of the licensing rules shall be available to all staff and kept in at least one classroom, home base area, or staff rest area on the premises. The copy of the rules for staff to reference shall be accessible to all staff and shall not be kept only in the administrator's office or desk area.
(I) Employee's records shall be confidential, except that they shall be available to the department for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.
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