Header:
OHIO ADMINISTRATIVE CODE ANNOTATED
5101:2 DIVISION OF SOCIAL SERVICES
CHAPTER 5101:2-14 CERTIFICATION OF TYPE B FAMILY CARE HOMES
Date:
06/04/2013
Document:
5101:2-14-58. Provider qualifications and responsibilities for limited certification as a type B home provider or in-home aide.
(A) The provider shall be at least eighteen years of age.
(B) The eight hour JFS 01750 "Health and Safety in Family Child Care Training" (rev. 2/2012) shall be completed by:
(1) Providers issued a provisional limited certificate, prior to or within sixty calendar days of the issuance of the provisional limited certificate. The training shall be taken no more than six months prior to the issuance of the limited certificate.
(2) Providers issued a limited certificate prior to the issuance of the certificate. The training shall be taken no more than six months prior to the issuance of the limited certificate.
(C) First aid and cardiopulmonary resuscitation (CPR) shall be completed and current certification maintained by:
(1) Providers issued a provisional limited certificate, within sixty calendar days of the issuance of the provisional certificate.
(2) Providers issued a limited certificate, prior to the issuance of the initial limited certification.
(3) Individuals currently approved by the CDJFS shall complete and maintain current certification in both first aid and CPR.
(D) The provider shall be examined by a licensed physician, physician's assistant, advanced practice nurse (APN) or certified nurse practitioner (CNP) not more than six months prior to initial certification. The provider shall have the JFS 01280 "Provider Medical Statement" (rev. 8/2008) signed by a licensed physician, physician's assistant, APN or CNP which includes at a minimum:
(1) Verification that the provider is currently free of communicable tuberculosis.
(2) Immunization against measles, mumps and rubella.
(a) A history of having measles or mumps disease may be substituted for the vaccine for a person born on or before December 31, 1956.
(b) Only a laboratory test demonstrating detectable rubella antibodies shall be accepted in lieu of the rubella vaccine.
(c) A provider may be exempt from this immunization requirement for religious reasons upon filing a written statement with the county department of job and family services (CDJFS), or for medical reasons upon filing a written statement signed by a licensed physician, physician's assistant, APN or CNP with the CDJFS.
(3) Immunized against tetanus and diphtheria. At the time the next booster for tetanus and diptheria is due, the provider must also be immunized against pertussis (Tdap). All providers must have verification of being immunized against pertussis by January 1, 2017.
(4) Any special health problems which might interfere with the health of a child or might prohibit the individual from providing adequate care for young children.
(5) The CDJFS may require the provider, at any time prior to or subsequent to the issuance of a certificate, to submit a current JFS 01280 signed by a physician, physician's assistant, APN or CNP. Failure to submit a JFS 01280 may be grounds for revocation of a certificate.
(E) The provider shall be physically, intellectually and emotionally capable of complying with Chapter 5101:2-14 of the Administrative Code and performing activities normally related to child care. These include, but are not limited to, providing meals, dealing with emergencies in a calm manner, carrying out methods of child guidance and discipline in a courteous, respectful and patient manner, and keeping accurate records as required by this chapter.
(F) The provider shall provide a safe, sanitary and healthy environment when children are present. Any individual whose behavior or health may endanger the health, safety and well being of children shall not be present or reside in the type B home or home of a child receiving in-home aide services.
(G) The provider shall always be within sight or hearing of a child.
(H) The provider shall not provide child care to more than six children at one time, with no more than three children under age two, and shall always operate under the definition of limited certification. This child count shall include the provider's children when present, who are under six years of age.
(I) The provider shall not be a certified specialized foster care home.
(J) The provider who is a foster parent must notify the CDJFS and the caretaker within one business day when the provider is, or will be, providing care to foster children. Documentation of this notification and the date that the CDJFS and the caretaker were notified shall be maintained at the home and made available for review by the CDJFS.
(K) The provider shall assure that he or she and any other person living in the type B home:
(1) Are not under the influence of drugs or alcohol.
(2) Have no evidence of drug or alcohol addiction.
(3) Are not trafficking in drugs.
(4) Have not been convicted of or pleaded guilty to crimes or offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of 5104.09 of the Revised Code and that no child has been removed from his or her home according to section 2151.353 of the Revised Code.
(5) Have not been indicted, are awaiting trial on charges, or pending outcome of a trial of any of the crimes listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code. The provider shall report this information, as well as any investigation being conducted by a public children services or law enforcement agency, immediately to the CDJFS.
(L) The home shall provide for a smoke free environment for the children during the hours that child care is being provided.
(1) Smoking on the property shall be permitted only if all of the following requirements are met:
(a) Smoking shall not occur within the home or attached building areas.
(b) Persons smoking cannot be seen by children, including children arriving or departing the home.
(c) The area where smoking is occurring is so far removed from the children being cared for that the children cannot inhale any smoke.
(2) Smoking may be permitted in the home during hours that the home is not providing child care if the provider has provided to the caretaker of each child enrolled, a written notice that smoking occurs at the home outside of hours of child care operation.
(3) The provider shall post in a conspicuous place at the main entrance of the home, a notice stating that smoking is prohibited in any indoor or outdoor space that is part of the home during the hours the home is providing child care services.
(4) The provider shall not permit any person to smoke in a vehicle while transporting children.
(M) The in-home aide is prohibited from smoking in the home where child care is being provided.
(N) The provider shall maintain the home where child care is provided in compliance with the requirements of the JFS 01642 "Application/Inspection for Type B Limited Certification" (rev. 10/2010).
(O) The provider shall have immediate access at all times to a working land-line telephone on the premises that is capable of receiving incoming calls and making outgoing calls.
(P) The provider shall have an individual space in the form of a crib, bed, cot, sofa, pad or mat for each child napping at the home. Each child in care during evening and overnight hours shall be provided with an individual crib, bed, mattress, cot, sofa or bed and blankets. The provider shall ensure that no child sleeps on the floor.
(Q) When transporting children the provider shall never leave children unattended in a vehicle.
(R) The provider shall call the CDJFS when he or she suspects that a child receiving care has been or will be abused or neglected.
(S) The provider shall not use or allow anyone in the home to use methods of discipline that will harm a child. These would include but are not limited to: striking, hitting, biting or pinching a child; withholding food, liquid, rest, or toilet use as a form of punishment; placing a child in a dark or enclosed area; tying up a child; having another child discipline a child; punishing a child for failure to eat, sleep, or for toilet training accidents.
(T) The provider shall have the JFS 01297 "Child Enrollment and Health Information" (rev. 8/2008) on file for all of the children in care by the first day of attendance. This record shall be reviewed and updated annually by the caretaker. The caretaker shall re-sign and date the JFS 01297 to verify that the information has been reviewed and updated if needed. Each provider shall set a policy regarding whether to provide child care services to children whose caretakers refuse to grant consent for transportation to the source of emergency treatment.
(U) The provider shall have on file for each child attending, including any child of the provider or in-home aide who is not attending a grade of kindergarten or above, a completed JFS 01932 "Child's Medical Statement" (rev. 8/2008) or head start physical examination form. This shall be on file at the home within thirty days of the child's first day of attendance. The medical statement shall verify a date of exam within the past twelve months and every thirteen months thereafter, until the child is attending a grade of kindergarten or above.
(V) The provider shall keep a file with the following information: child's name, date of birth, days of week and hours in child care, date child care services began and proposed ending date of child care services.
(W) The provider shall maintain a daily attendance record, signed by the caretaker, indicating the hours of care provided for each child and in a manner prescribed by the CDJFS.
(X) The provider shall have a written plan for medical or dental emergencies which shall be included on the JFS 01929 "Medical, Dental and General Emergency Plan" (rev. 8/2008). The JFS 01929 shall be posted by the telephone and on each floor in the home that is used for child care.
(Y) The provider shall obtain, prior to administering any nonprescription or prescription medication, written permission of the caretaker and physician as required, using the JFS 01644 "Permission to Administer Medication" (rev. 8/2008). The provider shall assure that all medications are stored out of the reach of children, refrigerated as needed and are able to be immediately accessed if needed. When giving prescription medicine the provider shall ensure the bottle has the child's name on it, the dosage, and the name of the doctor who prescribed the medicine. The provider shall ensure that when dispensing prescription medications to a child that the instructions of the physician who prescribed the medication are followed. The provider shall call the physician who prescribed medication for a child in his or her care to report all unfavorable or dangerous side effects from the use of the medication.
(Z) The provider shall prepare a report to be given to the child's caretaker on the day of the incident/injury/illness and kept on file in the home using the JFS 01299 "Incident/Injury Report" (rev. 6/2007) when any of the following occurs:
(1) A child becomes ill or receives an injury which requires first aid treatment.
(2) A child is transported in accordance with this rule to a source of emergency treatment.
(3) A child receives a bump or blow to the head.
(4) An unusual or unexpected incident occurs which jeopardizes the safety of a child or staff, such as a child leaving the home unattended.
(5) A medication error. A medication error includes errors regarding the child to whom the medication was administered, the medication administered, the dosage of medication administered, the time the medication was administered or the route that medication was administered.
(AA) When any of the following incidents occur, the provider shall give the CDJFS written notification within twenty-four hours on the JFS 01299. The report shall be faxed or mailed to the CDJFS to arrive no later than three business days from the occurrence. This notification does not replace reporting to the county children's protective services agency if there are concerns of child abuse or neglect. The CDJFS shall fax the report to the ODJFS bureau of child care and development within one business day from receipt of the report.
(1) Death of a child at the home.
(2) Serious incident, injury, or illness to a child. A serious incident, injury, or illness includes any situation that requires a child to be removed from the home for medical treatment, professional consultation or transported for emergency treatment.
(3) An unusual or unexpected incident as described in paragraph (Z)(4) of this rule.
(BB) The provider shall provide nutritious, varied, and appropriately timed meals and snacks for the child.
(CC) The provider shall not prop an infant bottle when feeding an infant or leave a bottle in an infant's mouth while he or she is sleeping.
(DD) The provider shall contact the CDJFS within twenty-four hours or on the next working day of any change in family composition or when the provider discontinues caring for children.
(EE) The provider shall report any error in payment for publicly funded child care to the CDJFS within ten days after receiving the payment.
(FF) The provider shall post the certificate in the home.
(GG) The provider shall not be involved in any activities which interfere with the care of children. The provider shall not be involved in any employment during the hours in which child care is provided.
(HH) The provider shall not use or disclose any information concerning eligible individuals for any purpose not directly related to the delivery of purchased child care services, except upon written consent of the eligible individual or a responsible caretaker.
(II) The provider shall provide the caretaker with a written receipt for all payments made.
(JJ) The provider shall complete one of the following:
(1) Obtain and maintain liability insurance insuring the provider against liability arising out of, or in connection with, the operation of the type B home.
(a) The liability insurance shall cover any cause for which the type B home would be 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 provider is not the owner of the home where the type B home is located and the provider obtains liability insurance described in paragraph (JJ)(1) of this rule, the provider 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 requests the provider in writing to add the owner to the liability insurance policy as an additional insured party.
(ii) The addition of the owner does not result in cancellation or nonrenewal of the insurance policy.
(iii) The owner pays any additional premium assessed for coverage of the owner.
(2) Provide a caretaker of each child receiving care with a JFS 01933 "Liability Insurance Statement for Type A and Type B Family Child Care Homes" (8/2009). The JFS 01933 shall be signed by the caretaker and on file by the child's first day of attendance.
(a) If the provider is not the owner of the home where the type B home is operating, the statement shall also include: the owner of the home may not provide for coverage of any liability arising out of, or in connection with, the operation of the type B home.
(b) The JFS 01933 shall be maintained at the home.
(KK) The provider shall prepare and give to each child's caretaker a copy of the JFS 01332 "Certified Child Care Handbook for Caregivers" (rev. 11/2010).
(1) If the information in the JFS 01332 is changed or updated, the provider must give a copy of the new information to each child's caretaker.
(2) After the JFS 01332 is reviewed with the caretaker and all questions answered, the caretaker shall sign a statement indicating the handbook and policies have been reviewed and the caretaker agrees to follow the policies.
(3) The provider shall give a copy of the signed handbook statement to the CDJFS within five days of completion. The CDJFS shall maintain a copy in the provider's file.
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