Ohio Admin. Code 5101:2-12-07

Current through all regulations passed and filed through December 9, 2024
Section 5101:2-12-07 - Administrator responsibilities, requirements and qualifications for a licensed child care center
(A) What are the requirements to be an administrator in a licensed child care center?
(1) Be named on the child care center license.
(2) Written documentation verifying the administrator's qualifications is to be kept on file at the center or verified documentation is available for review in the Ohio professional registry (OPR). Administrators are to meet the education requirements detailed in appendix A to this rule.
(3) A person named as administrator, who was promoted from within, and who does not meet the requirements of appendix A to this rule within one year of being named as administrator, is to no longer serve as the administrator. The person also is not to be named administrator at another location until the administrator qualifications have been met.
(4) The administrator is to complete a rules review course provided by the Ohio department of job and family services (ODJFS).
(a) Administrators are to complete the rules review course within six months of the date of their appointment and every five years thereafter.

(b) Verification of completion of the rules review course is to be documented in the OPR.
(5) The administrator is to complete the staff orientation training as prescribed by ODJFS within thirty days of being named administrator at the center or the administrator has documentation of completion of the child care center staff orientation or child care center pre-licensing training after December 31, 2016.
(B) What are the responsibilities of the administrator in a licensed child care center?

The administrator is to:

(1) Be responsible for the daily operation of the child care center and for maintaining compliance with Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.
(2) Be on-site a minimum of one-half of the hours that the child care center is in operation during the week, or forty hours per week, whichever is less. If there is more than one administrator, at least one administrator is to meet this requirement.
(3) For child care centers that are in operation on the weekends and/or evenings/overnights, as well as during the week, be on-site at the center at least twenty hours per week during the hours of six a.m. to seven p.m., Monday through Friday. If there is more than one administrator, at least one is to meet this requirement.
(4) Post the administrator's scheduled hours of availability to meet with parents in a noticeable location.
(5) Be responsible for the creation, maintenance and implementation of the policies and procedures detailed in appendix B to this rule. Nothing in these policies shall conflict with Chapter 5104. of the Revised Code or Chapter 5101:2-12 of the Administrative Code, and if applicable, Chapter 5101:2-16 or 5101:2-17 of the Administrative Code. A copy of these policies and procedures is to be available on-site at the center.
(6) Provide the parent and all employees with the policies and practices in appendix B to this rule.
(7) Provide a copy of appendix C to this rule to the parents of the children enrolled in the center.
(8) Make available the current licensing rules in a noticeable area on the premises. The rules may be made available via paper copy or electronically.
(9) Upon request, provide a parent with any information necessary for the parent to compile child care related expenses for income tax preparation, including tax identification numbers.
(10) Cooperate with other government agencies as necessary to maintain compliance with Chapter 5101:2-12 of the Administrative Code.
(11) Ensure that no administrator, employee, licensee or child care staff member discriminates in the enrollment of children upon the basis of race, color, religion, sex, disability, or national origin.
(C) What are the OPR and documentation responsibilities for administrators in a licensed child care center?

All administrators are to:

(1) Create or update their individual profile in the OPR.
(2) Create or update the center's organization dashboard in the OPR for each child care center in which they are employed as administrator.
(3) Ensure that all employees and child care staff members complete the following in the OPR:
(a) Create or update their individual profile in the OPR.
(b) Create an employment record in the OPR for the center on or before their first day of employment, including date of hire.
(c) Update changes to positions or roles in the OPR within five calendar days of a change.
(4) Update the center's organization dashboard in the OPR within five calendar days of a change for employees and child care staff members of the program, including:
(a) Scheduled days and hours.
(b) Group assignments, if applicable.
(c) The end date of employment.
(5) Maintain records for each current employee and child care staff member as required in Chapter 5101:2-12 of the Administrative Code on file in the center, if not yet verified in the OPR.
(a) Make employment records available upon request by ODJFS for at least three years after each person's departure, if not verified in the OPR.
(b) Keep employment records confidential except when made available to ODJFS for the purpose of administering Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the Administrative Code.
(D) What if an administrator is not on the premises?
(1) A child care staff member is to be designated as the person in charge and be on the premises.
(2) The designated person in charge does not have to meet the educational requirements of an administrator nor be named on the license.
(3) The designated person in charge is to handle all emergencies and have access to all records required by Chapter 5101:2-12 of the Administrative Code.

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Ohio Admin. Code 5101:2-12-07

Effective: 3/21/2024
Five Year Review (FYR) Dates: 10/29/2026
Promulgated Under: 119.03
Statutory Authority: 5104.015, 5104.016
Rule Amplifies: 5104.015, 5104.09, 5104.039
Prior Effective Dates: 03/01/1981, 02/08/1982, 09/01/1986, 01/02/1992 (Emer.), 04/01/1992, 04/01/2003, 09/01/2005, 01/01/2007, 09/01/2007, 07/01/2010, 09/29/2011, 11/22/2015, 12/31/2016, 10/29/2017, 12/01/2019, 10/29/2021