Section 5101:2-12-02 - Application and amendments for a child care center license(A) What is the application process to establish or operate a licensed child care center? The owner or owner's representative is to:
(2) Register online through the OPR and complete the required center prelicensing training. The prelicensing training shall have been taken within the five years prior to application for a license.(3) Complete an initial application online in the Ohio child licensing and quality system (OCLQS) at https://oclqs.force.com and submit the fee of fifty dollars to the Ohio department of job and family services (ODJFS).(a) The application fee submitted with an application is nonrefundable and shall not be credited or transferred to any other application.(b) The application is considered filed with the ODJFS as of the date it is received electronically and the payment has cleared.(c) The application will be deleted from the system after one hundred twenty days if the fee payment is not received.(d) Any application submitted without complete and accurate information will need to be amended with complete and accurate information before being licensed.(e) The application will be deleted and the fee forfeited if the center is not ready to be licensed after twelve months.(4) Notify in OCLQS if the owner or owner's representative wants to voluntarily withdraw the application. This results in a forfeiture of the application fee.(B) What additional items shall be submitted during the application process? The items listed in appendix A to this rule are required and shall be completed and submitted prior to licensure.
(C) Does the child care center license need to be visible? The license is to be visible to parents at all times.
(D) Can a child care center license be issued to an address or space that is currently licensed for family child care or a child care center? A child care center license shall not be issued to any address that is currently licensed as a family child care home, or any space licensed for use by another child care center.
(E) Will the license be a continuous license? The license shall be a continuous license unless:
(1) The center is in the provisional period pursuant to rule 5101:2-12-06 of the Administrative Code.(2) The center moves to a new address and does not propose a change of location amendment pursuant to paragraph (G) of this rule.(3) The owner of the center, which can be a corporation or partnership, changes .(4) The center voluntarily surrenders the license by notifying the ODJFS in OCLQS.(5) It is revoked pursuant to rule 5101:2-12-05 of the Administrative Code.(F) What is the process to change or amend a license?(1) The center is to submit a request and all applicable documents in OCLQS.(2) What information can be amended on an existing license?(a) Name of administrator.(c) Change of location of the program.(3) What is the timeline for requesting an amendment?(a) For a change in administrator, the center is to submit the amendment, with qualifications pursuant to rule 5101:2-12-07 of the Administrative Code for the new administrator, within thirty days. This includes when an existing administrator is on temporary leave for ninety or more days.(b) For a change in capacity, the center shall request and be approved for the amendment prior to serving additional children. This includes submitting all corrective action plans required pursuant to rule 5101:2-12-03 of the Administrative Code.(c) For a change in location, the center shall request the amendment at least thirty days prior to the last day at the current location. Failure to request within thirty days may result in a gap of care. Care shall not begin until the license has been transferred to the new location.(4) What are the requirements if a center wants to permanently move to a different location? The center is to:
(a) Comply with paragraph (F)(3)(c) of this rule.(b) Submit all required documents listed in appendix B to this rule prior to licensure at the new location.(c) Submit a fee of fifty dollars in OCLQS thirty days prior to the proposed move.(d) Comply with an inspection at the new location and any applicable determinations of license capacity for the new location. (e) Cease child care operations at the original center location at the time the license is issued for the new address.(f) If care ceases at the old location before the new location is ready to be licensed, the program may be temporarily closed pursuant to paragraph (G) of this rule.(g) If the new location is unable to be licensed within ninety days after the request, the request for amendment will be closed, which results in forfeiture of the application fee.(5) What are the requirements if a center needs to temporarily provide care in a different location? (a) If the center is temporarily unable to provide care in the licensed location because the location has been deemed unsafe for care of children by the building department, fire department, local health department, local law enforcement or other government agency, the center may request to temporarily provide care in a new location. (i) The center shall send a written request to ODJFS and comply with an inspection of the temporary location prior to providing care at the temporary location.(ii) The written request shall include written documentation from the government agency that deemed the location to be unsafe for care of children and shall include the plan and timeline for addressing the needs of the licensed location.(iii) Prior to resuming care at the licensed location, the center shall provide written approval to ODJFS from the government agency that has deemed the location safe to resume care of children.(b) If the center is unable to return to the licensed location within one hundred eighty days, the center shall follow the process for a permanent change of location pursuant to paragraph (F)(4) of this rule. There are no extensions for a temporary change of location.(G) How shall an administrator, owner or owner's representative request a voluntary temporary closure status for a license of a child care center?(1) The administrator, owner or owner's representative is to request the temporary closure status in OCLQS.(2) The temporary closure status shall not exceed twelve months.(3) The center shall not serve any children during the temporary closure status.(4) The center may be required to comply with an inspection prior to the end of the temporary closure status and prior to serving children again.(5) If at the end of the twelve months, the center has not requested in OCLQS to reinstate the license or is not able to be re-opened, the ODJFS may close the license without hearing rights afforded by Chapter 119. of the Revised Code.(H) What information will the center keep current in OCLQS?(4) Days and hours of operation.(7) Ohio secretary of state entity number, if applicable.Ohio Admin. Code 5101:2-12-02
Effective: 10/29/2021
Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026
Promulgated Under: 119.03
Statutory Authority: 5104.015
Rule Amplifies: 5104.015, 5104.03, 5104.01
Prior Effective Dates: 03/01/1981, 06/01/1984, 04/01/1985, 09/01/1986, 01/01/1990, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2007, 03/01/2009, 07/01/2010, 09/29/2011, 04/01/2014, 11/22/2015, 12/31/2016, 10/29/2017