Regards procedures for inspecting child care providers

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 781

2025-2026

Representative Brewer

Cosponsors: Representatives Brent,
Brennan, Lett, Miller, J., Upchurch

To
amend sections 5104.015, 5104.017, 5104.018, and 5104.019 and to
enact section 5104.044 of the Revised Code
regarding
procedures for inspecting child care providers.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 5104.015, 5104.017, 5104.018, and 5104.019 be amended and
section 5104.044 of the Revised Code be enacted to read as follows:

Sec.
5104.015.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the operation of child
care centers, including parent cooperative centers, part-time
centers, and drop-in centers. The rules shall reflect the various
forms of child care and the needs of children receiving child care or
publicly funded child care and shall include specific rules for
school-age child care centers that are developed in consultation with
the department of education and workforce. The rules shall include
the following:

(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the center proposes to meet the requirements of this
chapter and rules adopted pursuant to this chapter for the initial
license application;

(B)
Standards for ensuring that the physical surroundings of the center
are safe and sanitary including the physical environment, the
physical plant, and the equipment of the center;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the center;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible. As used in this division, "program" does
not include instruction in religious or moral doctrines, beliefs, or
values that is conducted at child care centers owned and operated by
churches and does include methods of disciplining children at child
care centers.

(E)
Admissions policies and procedures;

(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;

(G)
First aid and emergency procedures;

(H)
Procedures for discipline and supervision of children;

(I)
Standards for the provision of nutritious meals and snacks;

(J)
Procedures for screening children that may include any necessary
physical examinations and shall include immunizations in accordance
with section 5104.014 of the Revised Code;

(K)
Procedures for screening employees that may include any necessary
physical examinations and immunizations;

(L)
Methods for encouraging parental participation in the center and
methods for ensuring that the rights of children, parents, and
employees are protected and that responsibilities of parents and
employees are met;

(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the center while under the
care of a center employee;

(N)
Procedures for record keeping, organization, and administration;

(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;

(P)

Inspection

Subject
to section 5104.044 of the Revised Code, inspection
procedures;

(Q)
Procedures and standards for setting initial license application
fees;

(R)
Procedures for receiving, recording, and responding to complaints
about centers;

(S)
Procedures for enforcing section 5104.04 of the Revised Code;

(T)
Minimum qualifications for employment as an administrator or child
care staff member, which shall not include requiring an administrator
or child care staff member to hold or obtain a bachelor's, master's,
or doctoral degree;

(U)
Requirements for the training of administrators and child care staff
members, including training in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;

(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the center;

(W)
A procedure for reporting of injuries of children that occur at the
center;

(X)
Standards for licensing child care centers for children with
short-term illnesses and other temporary medical conditions;

(Y)
Minimum requirements for instructional time for child care centers
rated through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;

(Z)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding child care centers.

Sec.
5104.017.
The
director of children and youth shall adopt rules pursuant to Chapter
119. of the Revised Code governing the operation of type A family
child care homes, including parent cooperative type A homes,
part-time type A homes, and drop-in type A homes. The rules shall
reflect the various forms of child care and the needs of children
receiving child care. The rules shall include the following:

(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the type A home proposes to meet the requirements of
this chapter and rules adopted pursuant to this chapter for the
initial license application;

(B)
Standards for ensuring that the physical surroundings of the type A
home are safe and sanitary, including the physical environment, the
physical plant, and the equipment of the type A home;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the type A
home;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(E)
Admissions policies and procedures;

(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;

(G)
First aid and emergency procedures;

(H)
Procedures for discipline and supervision of children;

(I)
Standards for the provision of nutritious meals and snacks;

(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;

(K)
Procedures for screening employees, including any necessary physical
examinations and immunizations;

(L)
Methods for encouraging parental participation in the type A home and
methods for ensuring that the rights of children, parents, and
employees are protected and that the responsibilities of parents and
employees are met;

(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the type A home while under
the care of a type A home employee;

(N)
Procedures for record keeping, organization, and administration;

(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;

(P)

Inspection

Subject
to section 5104.044 of the Revised Code, inspection
procedures;

(Q)
Procedures and standards for setting initial license application
fees;

(R)
Procedures for receiving, recording, and responding to complaints
about type A homes;

(S)
Procedures for enforcing section 5104.04 of the Revised Code;

(T)
A standard requiring the inclusion of a current department of
children and youth toll-free telephone number on each type A home
license that any person may use to report a suspected violation by
the type A home of this chapter or rules adopted pursuant to this
chapter;

(U)
Requirements for the training of administrators and child care staff
members in first aid, in prevention, recognition, and management of
communicable diseases, and in child abuse recognition and prevention;

(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the type A
home;

(W)
Standards for the maximum number of children per child care staff
member;

(X)
Requirements for the amount of usable indoor floor space for each
child;

(Y)
Requirements for safe outdoor play space;

(Z)
Qualifications and training requirements for administrators and for
child care staff members, which shall not include requiring an
administrator or child care staff member to hold or obtain a
bachelor's, master's, or doctoral degree;

(AA)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type A home
during its hours of operation;

(BB)
Minimum requirements for instructional time for type A homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;

(CC)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding type A homes.

Sec.
5104.018.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the licensure of type B
family child care homes. The rules shall provide for safeguarding the
health, safety, and welfare of children receiving child care or
publicly funded child care in a licensed type B family child care
home and shall include all of the following:

(A)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;

(B)
Standards for ensuring that the type B home and the physical
surroundings of the type B home are safe and sanitary, including
physical environment, physical plant, and equipment;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the home;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(E)
Admission policies and procedures;

(F)
Health care, first aid and emergency procedures;

(G)
Procedures for the care of sick children;

(H)
Procedures for discipline and supervision of children;

(I)
Nutritional standards;

(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;

(K)
Procedures for screening administrators and employees, including any
necessary physical examinations and immunizations;

(L)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and administrators are protected and the
responsibilities of parents and administrators are met;

(M)
Standards for the safe transport of children when under the care of
administrators;

(N)
Procedures for issuing, denying, or revoking licenses;

(O)

Procedures

Subject
to section 5104.044 of the Revised Code, procedures
for
the inspection of type B homes that require, at a minimum, that each
type B home be inspected prior to licensure to ensure that the home
is safe and sanitary;

(P)
Procedures for record keeping and evaluation;

(Q)
Procedures for receiving, recording, and responding to complaints;

(R)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving child care or publicly funded child care in the type B
home;

(S)
Requirements for the amount of usable indoor floor space for each
child;

(T)
Requirements for safe outdoor play space;

(U)
Qualification and training requirements for administrators and
employees, which shall not include requiring an administrator or
employee to hold or obtain a bachelor's, master's, or doctoral
degree;

(V)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type B home
during its hours of operation;

(W)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;

(X)
Minimum requirements for instructional time for type B homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code;

(Y)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding licensure of type B homes.

Sec.
5104.019.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the certification of
in-home aides. The rules shall provide for safeguarding the health,
safety, and welfare of children receiving publicly funded child care
in their own home and shall include the following:

(A)
Standards for ensuring that the child's home and the physical
surroundings of the child's home are safe and sanitary, including
physical environment, physical plant, and equipment;

(B)
Standards for the supervision, care, and discipline of children
receiving publicly funded child care in their own home;

(C)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(D)
Health care, first aid, and emergency procedures, procedures for the
care of sick children, procedures for discipline and supervision of
children, nutritional standards, and procedures for screening
children and in-home aides, including any necessary physical
examinations and immunizations;

(E)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and in-home aides are protected and the
responsibilities of parents and in-home aides are met;

(F)
Standards for the safe transport of children when under the care of
in-home aides;

(G)
Procedures for issuing, renewing, denying, refusing to renew, or
revoking certificates;

(H)

Procedures

Subject
to section 5104.044 of the Revised Code, procedures
for
inspection of homes of children receiving publicly funded child care
in their own homes;

(I)
Procedures for record keeping and evaluation;

(J)
Procedures for receiving, recording, and responding to complaints;

(K)
Qualifications and training requirements for in-home aides;

(L)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving publicly funded child care in the child's own home;

(M)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding certification of in-home aides.

Sec.
5104.044.
In
establishing procedures for inspecting child care centers, type A
family child care homes, licensed type B family child care homes, and
the homes of children receiving publicly funded child care in their
own homes, all of the following apply:

(A)
The director of job and family services shall assist the director of
children and youth in establishing inspection procedures.

(B)
In an effort to establish consistent and uniform inspection
procedures, including for inspections conducted by county departments
of job and family services, the directors shall jointly establish
procedures that, where possible, apply uniformly across the settings
in which child care may be provided in any county of this state.

(C)
The directors shall jointly train individuals charged with conducting
inspections under this chapter.

Section
2.
That
existing sections 5104.015, 5104.017, 5104.018, and 5104.019 of the
Revised Code are hereby repealed.

Section
3.
Section
5104.019 of the Revised Code is presented in this act as a composite
of the section as amended by H.B. 33 of the 135th General Assembly
and H.B. 281 of the 134th General Assembly. The General Assembly,
applying the principle stated in division (B) of section 1.52 of the
Revised Code that amendments are to be harmonized if reasonably
capable of simultaneous operation, finds that the composite is the
resulting version of the section in effect prior to the effective
date of the section as presented in this act.