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sb218_03_RH
As Reported by the House Children and Human Services Committee
136th
General Assembly
Regular
Session
S. B. No. 218
2025-2026
Senator Roegner
Cosponsors: Senators Schaffer,
Patton, Johnson, Brenner, Chavez, Cirino, Gavarone, Landis, Lang,
O'Brien, Reineke, Reynolds, Romanchuk, Timken, Weinstein, Wilkin,
Wilson
Representatives White, A., Click,
Fowler Arthur, Miller, M.
To
amend section 5104.02 of the Revised Code
to
exempt from licensure family child care providers certified by a
branch of the United States armed forces.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 5104.02 of the Revised Code be amended to read as follows:
Sec.
5104.02.
(A)
The director of children and youth is responsible for licensing child
care centers, type A family child care homes, and type B family child
care homes. Each entity operating a head start program shall meet the
criteria for, and be licensed as, a child care center. The director
is responsible for the enforcement of this chapter and of rules
promulgated pursuant to this chapter.
No
person, firm, organization, institution, or agency shall operate,
establish, manage, conduct, or maintain a child care center or type A
family child care home without a license issued under section 5104.03
of the Revised Code. The current license shall be posted in the
center or home in a conspicuous place that is accessible to parents,
custodians, or guardians and employees of the center or home at all
times when the center or home is in operation.
(B)
A person, firm, institution, organization, or agency operating any of
the following programs is exempt from the requirements of this
chapter:
(1)
A program caring for children that operates for two consecutive weeks
or less and not more than six weeks total in each calendar year;
(2)
Caring for children in places of worship during religious activities
while at least one parent, guardian, or custodian of each child is
participating in such activities and is readily available;
(3)
Supervised training, instruction, or activities of children in
specific areas, including, but not limited to: art; drama; dance;
music; athletic skills or sports; computers; or an educational
subject conducted on an organized or periodic basis that a child does
not attend for more than eight total hours per week;
(4)
Programs in which the director determines that at least one parent,
custodian, or guardian of each child is on the premises of the
facility that offers care and is readily accessible at all times and
care is not provided for more than two and one-half hours a day per
child;
(5)
Programs that provide care and are regulated by state departments
other than the department of children and youth or the department of
education and workforce.
(6)
Any preschool program or school child program, except a head start
program, that is subject to licensure by the department of children
and youth under sections 3301.52 to 3301.59 of the Revised Code.
(7)
Any program providing care that meets all of the following
requirements and, on October 20, 1987, was being operated by a
nonpublic school that holds a charter issued under section 3301.16 of
the Revised Code for kindergarten only:
(a)
The nonpublic school has given the notice to the state board of
education and the director of children and youth required by Section
4 of Substitute House Bill No. 253 of the 117th general assembly;
(b)
The nonpublic school continues to be chartered by the department of
education and workforce for kindergarten, or receives and continues
to hold a charter from the department for kindergarten through grade
five;
(c)
The program is conducted in a school building;
(d)
The program is operated in accordance with rules promulgated by the
department of children and youth under section 3301.53 of the Revised
Code.
(8)
A youth development program operated outside of school hours to which
all of the following apply:
(a)
The children enrolled in the program are under nineteen years of age
and enrolled in or eligible to be enrolled in a grade of kindergarten
or above.
(b)
The program provides informal care, which is care that does not
require parental signature, permission, or notice for the child
receiving the care to enter or leave the program.
(c)
The program provides any of the following supervised activities:
educational, recreational, culturally enriching, social, and personal
development activities.
(d)
The entity operating the program is exempt from federal income
taxation pursuant to 26 U.S.C. 501(a) and (c)(3).
(9)
A program caring for children that is operated by a nonchartered,
nontax-supported school if the program meets all of the following
conditions:
(a)
The program complies with state and local health, fire, and safety
laws.
(b)
The program annually certifies in a report to the children's parents
that the program is in compliance with division (B)(9)(a) of this
section and files a copy of the report with the department of
children and youth on or before the thirtieth day of September of
each year.
(c)
The program complies with all applicable reporting requirements in
the same manner as required by the department of education and
workforce for nonchartered, nonpublic primary and secondary schools.
(d)
The program is associated with a nonchartered, nontax-supported
primary or secondary school.
(10)
A program that provides activities for children who are five years of
age or older and is operated by a county, township, municipal
corporation, township park district created under section 511.18 of
the Revised Code, park district created under section 1545.04 of the
Revised Code, or joint recreation district established under section
755.14 of the Revised Code.
(11)
A home education learning pod.
(12)
A program that is certified as a family child care provider by any
branch of the United States armed forces, including the United States
coast guard.
Section
2.
That
existing section 5104.02 of the Revised Code is hereby repealed.