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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 759
2025-2026
Representatives Lawson-Rowe, Lett
Cosponsors: Representatives Brennan,
Brownlee, Glassburn, McNally, Miller, J., Piccolantonio, Rogers,
Russo, Sweeney, White, E.
To
amend section
5104.03
and to enact sections 5104.55 and 5104.56 of the Revised Code
regarding
child care services for the children of veterans and active duty
military members, to name this act the Ohio Vets-Military Families
Childcare Act, and to make an appropriation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section
5104.03
be amended and sections 5104.55 and 5104.56 of the Revised Code be
enacted to read as follows:
Sec.
5104.03.
(A)
As used in this section, "owner" has the same meaning as in
section 5104.01 of the Revised Code, except that "owner"
also includes a firm, organization, institution, or agency, as well
as any individual governing board members, partners, or authorized
representatives of the owner.
(B)
Any person, firm, organization, institution, or agency seeking to
establish a child care center, type A family child care home, or
licensed type B family child care home shall apply for a license to
the director of children and youth on such form as the director
prescribes. The director shall provide at no charge to each applicant
for licensure a copy of the child care license requirements in this
chapter and a copy of the rules adopted pursuant to this chapter. The
copies may be provided in paper or electronic form.
Fees
shall be set by the director pursuant to sections 5104.015, 5104.017,
and 5104.018 of the Revised Code and shall be paid at the time of
application for a license to operate a center, type A home, or type B
home. Fees collected under this section shall be paid into the state
treasury to the credit of the general revenue fund.
(C)(1)
Upon filing of the application for a license, the director shall
investigate and inspect the center, type A home, or type B home to
determine the license capacity for each age category of children of
the center, type A home, or type B home and to determine whether the
center, type A home, or type B home complies with this chapter and
rules adopted pursuant to this chapter. When, after investigation and
inspection, the director is satisfied that this chapter and rules
adopted pursuant to it are complied with, subject to division (G) of
this section, a license shall be issued as soon as practicable in
such form and manner as prescribed by the director. The license shall
be designated as provisional and shall be valid for at least twelve
months from the date of issuance and until the continuous license is
issued or until the provisional license is revoked or suspended
pursuant to section 5104.042 of the Revised Code.
(2)
The director may contract with a government entity or a private
nonprofit entity for the entity to inspect type A or type B family
child care homes pursuant to this section. If the director contracts
with a government entity or private nonprofit entity for that
purpose, the entity may contract with another government entity or
private nonprofit entity for the other entity to inspect type A or
type B homes pursuant to this section. The director, government
entity, or private nonprofit entity shall conduct an inspection prior
to the issuance of a license for a type A or type B home and, as part
of that inspection, ensure that the home is safe and sanitary.
(3)
The director shall issue licenses in accordance with section 4743.041
of the Revised Code, but only if the director determines that the
standards under which the other state or jurisdiction issued the
license or certificate to practice a child care trade or profession
are substantially similar to or more stringent than the standards
under which the department issues licenses under this section.
(D)
The director shall investigate and inspect the center, type A home,
or type B home at least once during operation under a license
designated as provisional. If after the investigation and inspection
the director determines that the requirements of this chapter and
rules adopted pursuant to this chapter are met, subject to division
(G) of this section, the director shall issue a continuous license to
the center or home.
(E)
Each license shall state the name of the licensee, the name of the
administrator, the address of the center, type A home, or licensed
type B home, and the license capacity for each age category of
children. The license shall include thereon, in accordance with
sections 5104.015, 5104.017, and 5104.018 of the Revised Code, the
toll-free telephone number to be used by persons suspecting that the
center, type A home, or licensed type B home has violated a provision
of this chapter or rules adopted pursuant to this chapter. A license
is valid only for the licensee, administrator, address, and license
capacity for each age category of children designated on the license.
The license capacity specified on the license is the maximum number
of children in each age category that may be cared for in the center,
type A home, or licensed type B home at one time.
A
center or home licensee shall notify the director in writing when the
administrator, address, or license capacity of the center or home
changes. The director shall amend the current license to reflect a
change in any of the following:
(1)
An administrator, if the administrator meets the requirements of this
chapter and rules adopted pursuant to this chapter;
(2)
Address, if the new address meets the requirements of this chapter
and rules adopted pursuant to this chapter;
(3)
License capacity for any age category of children as determined by
the director of children and youth.
(F)
If the director revokes the license of a center, a type A home, or a
type B home, the director shall not issue another license to the
owner of the center, type A home, or type B home until five years
have elapsed from the date the license is revoked.
If
the director denies an application for a license, the director shall
not consider another application from the applicant until five years
have elapsed from the date the application is denied.
(G)(1)
Except as provided in division (G)(2) of this section, all actions of
the director with respect to licensing centers, type A homes, or type
B homes, refusal to license, and revocation of a license shall be in
accordance with Chapter 119. of the Revised Code. Except as provided
in division (G)(2) of this section, any applicant who is denied a
license or any owner whose license is revoked may appeal in
accordance with section 119.12 of the Revised Code.
(2)
The following actions by the director are not subject to Chapter 119.
of the Revised Code:
(a)
The director ceases its review of an application because the owner of
a center, type A home, or type B home sought a license before five
years had elapsed from the date the previous license was revoked and
the director does not issue the license.
(b)
The director ceases its review of an application because the
applicant applied for licensure before five years had elapsed from
the date the previous application was denied and the director does
not issue the license.
(c)
The director closes a license because the director has determined
that the center, type A home, or type B home is no longer operating
at the address stated on the license and did not notify the director
of the address change as described in division (E) of this section.
(H)
In no case shall the director issue a license under this section for
a center, type A home, or type B home if the director, based on
documentation provided by the appropriate county department of job
and family services, determines that the applicant had been certified
as an in-home aide, that the county department revoked that
certification within the immediately preceding five years, that the
revocation was based on the applicant's refusal or inability to
comply with the criteria for certification, and that the refusal or
inability resulted in a risk to the health or safety of children.
(I)
An owner of a type B family child care home that receives a license
pursuant to this section is an independent contractor and is not an
employee of the department of children and youth.
Sec.
5104.55.
(A)
The department of children and youth, in coordination with the
department of veterans services, shall establish and administer the
veterans and military families child care program. Subject to
available funds, the program shall provide support, in the form of
child care vouchers, to veterans and military families to assist them
with child care costs. To be eligible to participate in the program,
a family must meet all of the following conditions:
(1)
The family contains a member who is a veteran or active duty military
member, and the caretaker parent is employed or participating in a
program of education or training for an amount of time reasonably
related to the time that the parent's children are receiving care.
(2)
The family does not meet the income conditions for initial
eligibility under the publicly funded child care program administered
by the department as described in section 5104.30 of the Revised
code, but the maximum amount of the family's income does not exceed
four hundred fifty per cent of the federal poverty line.
(3)
The family meets any other conditions established by the department.
(B)
In providing vouchers under this section, the program shall utilize
the publicly funded child care payment rates established in section
5104.30 of the Revised Code, except that such payment rates shall not
be enhanced payment rates as described in division (E)(2)(c) of that
section.
Sec.
5104.56.
The
department of children and youth shall take all actions necessary to
expand participation in the military child care in your neighborhood
plus program in this state and other federal child care programs
administered specifically for veterans and military families.
Section
2.
That
existing section
5104.03
of the Revised Code is hereby repealed.
Section
3.
On
the effective date of this section, or as soon as possible
thereafter, the Director of Children and Youth shall certify to the
Director of Budget and Management the amount necessary to fund the
Veterans and Military Families Child Care Program established in
section 5104.55 of the Revised Code during fiscal year 2026 and
fiscal year 2027. The certified amount is hereby appropriated.
Within
the limits set forth in this act, the Director of Budget and
Management shall establish accounts indicating the source and amount
of funds for each appropriation made in this act, and shall determine
the manner in which appropriation accounts shall be maintained.
Expenditures from operating appropriations contained in this act
shall be accounted for as though made in, and are subject to all
applicable provisions of, H.B. 96 of the 136th General Assembly.
Section
4.
This
act shall be known as the Ohio Vets-Military Families Childcare Act.