Ohio Admin. Code 5101:2-12-03 - Compliance inspection and complaint investigation of a licensed child care center
(A) What compliance inspections are required
for child care centers?
(1) At least one
inspection prior to the initial issuance of a provisional license.
(2) At least two inspections during the
provisional period.
(3) At least
one inspection each state fiscal year after the issuance of the continuous
license. Compliance inspections completed in the state fiscal year pursuant to
paragraph (A)(2) of this rule meet this requirement.
(4) Any complaint investigations involving
the center.
(B) Will
inspections be announced or unannounced?
At least one inspection shall be unannounced and all inspections may be unannounced.
(C) What is required of a licensed center for
an inspection and/or complaint investigation?
The licensed child care center shall allow the Ohio department of job and family services (ODJFS) to:
(1) Complete an inspection of all areas where
child care is provided, children have access to and all areas used to verify
compliance with Chapter 5101:2-12 of the Administrative Code and Chapter 5104.
of the Revised Code.
(2) Review
required records and documentation.
(3) Interview or take statements from anyone
pertinent to the investigation which may include any of the following:
(a) Building officials, fire department
inspectors, sanitarians, public health or other state or local
officials.
(b) Neighbors.
(c) Parents and relatives of children in
care.
(d) Staff of the public
children services agency (PCSA).
(e) Anyone mentioned by the
complainant.
(f) Law enforcement
personnel.
(g) Current and past
center employees.
(h) Other
witnesses.
(4) Document
findings in writing or in photographs or by any other means.
(D) What are additional
requirements for a licensed center as a result of an inspection and/ or
complaint investigation?
The center shall
is to:
(1)
Complete and submit a corrective action plan in the Ohio child licensing and
quality system (OCLQS) addressing the non-compliances detailed in the
inspection report within the time frame requested in the inspection
report.
(2) Not misrepresent,
falsify or withhold information from ODJFS.
(3)
Pursuant to
section 5104.043 of the Revised Code,
provide a written or electronic notice of the serious risk non-compliance
(SRNC) to all parents of enrolled children within fifteen business days of
receipt of the non-compliance, if ODJFS determines that an act or omission of a
child care center constitutes a SRNC pursuant to appendix A to this rule.
(a)
The notice is to
include a statement informing each parent of the web site maintained by ODJFS
and the location of further information regarding the
determination.
(b)
If the center requests a review of the finding pursuant
to paragraph (F) of this rule, and the finding is upheld, the notice to parents
is to be sent within five business days of receipt of the decision by
ODJFS.
(c)
The center will need to provide a copy of the notice to
ODJFS.
(d)
The requirements of section
5104.043 of the Revised Code do
not apply if ODJFS suspends the license of the child care
center.
(E) Will a licensed center have additional
inspections based on non-compliances found?
All non-compliances may lead to additional inspections or compliance materials required by ODJFS.
(F) What if the center does not agree with
the licensing findings?
The center may complete and submit a JFS 01155 "Request for Review for Licensing and Step Up To Quality" with any applicable documentation within seven business days from the receipt of the inspection report.
(G) Are licensing inspection
records available to the public?
(1)
Inspections may be viewed at http://childcaresearch.ohio.gov/.
(2) An individual may submit a written
request to ODJFS for a copy of the center's licensing record.
Notes
Promulgated Under: 119.03
Statutory Authority: 5104.015, 5104.043
Rule Amplifies: 5104.04, 5104.015, 5104.043
Prior Effective Dates: 03/01/1981, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005, 09/01/2007, 05/01/2008, 09/29/2011, 12/31/2016, 10/29/2017, 11/15/2020, 10/29/2021
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