Ohio Admin. Code 5101:2-13-19

Current through all regulations passed and filed through November 4, 2024
Section 5101:2-13-19 - Supervision of children and child guidance for a licensed family child care provider
(A) What are the requirements for supervision for a licensed family child care provider and child care staff members?

The family child care provider and each child care staff member shall:

(1) Leave no child unsupervised. Supervision means the provider or child care staff member has knowledge of a child's needs and accountability for his or her care at all times, including but not limited to, developmental and behavioral needs and parental preferences. Supervision includes awareness of and responsibility for the activity of each child and being near enough to respond and reach children immediately, including responding to the child's basic needs and protecting them from harm.
(2) Ensure all children in care are within sight or hearing of the provider or child care staff member at all times. Within sight or hearing means without the use of mechanical devices such as baby monitors, video cameras or walkie talkies. The use of mirrors to view children in another room does not meet the supervision requirements of this rule.
(3) Not be under the influence of any substance that impairs the provider or child care staff member's ability to supervise children and/or perform duties.
(4) Always have immediate access to a working telephone on the premises which is available and capable of making outgoing calls and receiving incoming calls.
(5) Only release a child to the parent or to a person who has been previously approved by the parent.
(6) Not permit children to be exposed to inappropriate language or media.
(7) Supervise outdoor play.
(a) The provider or child care staff member shall remain outdoors with infants, toddlers and preschoolers at all times.
(b) School-age children may be permitted in the outdoor play space without the provider or child care staff as long as the children remain within sight and hearing of the provider or child care staff if both of the following occur:
(i) The children are not engaged in higher risk activities such as but not limited to swimming, activities with animals or using equipment with motors or moving parts.
(ii) The provider or child care staff member are always able to intervene if needed.
(c) When the outdoor play space is not on the premises, the provider or child care staff member shall accompany and supervise all children in transit and at the outdoor play space.
(B) What are the requirements for supervision of school-age children?
(1) With written parent permission, school-age children may leave the provider's home for specific activities, including:
(a) Walking to and from the provider's home or school.
(b) Walking home or to another destination.
(2) The written permission shall specify:
(a) Child's name.
(b) Location of the activity.
(c) Arrangements for going to and from the activity.
(d) Start and end time of the activity.
(e) Time period for when the permission is given.
(f) Parent's signature and date.
(C) What are the child guidance techniques to be used in the licensed family child care home?
(1) The provider, child care staff members and substitutes shall follow appendix A to this rule regarding guidance techniques to be used with children.
(2) The provider shall communicate and consult with the parent prior to implementing a specific behavior management plan. This plan shall be in writing, signed by the parent and shall be consistent with the requirements of this rule.
(3) When a child is expelled from the family child care home for a behavioral reason, the expulsion is to be reported in the Ohio child licensing and quality system (OCLQS) in accordance with paragraph (G) of rule 5101:2-13-16 of the Administrative Code.
(D) What are the child abuse and/or neglect reporting requirements?

If the provider, employee or child care staff member suspects that a child has been abused or neglected, he or she shall immediately notify the public children services agency (PCSA).

Click to view Appendix

Ohio Admin. Code 5101:2-13-19

Effective: 10/29/2021
Five Year Review (FYR) Dates: 7/28/2021 and 10/29/2026
Promulgated Under: 119.03
Statutory Authority: 5104.017, 5104.018
Rule Amplifies: 5104.017, 5104.018, 5104.01
Prior Effective Dates: 04/01/1982, 05/20/1983, 09/01/1986, 09/05/1986, 02/15/1988, 05/01/1989, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 07/01/2003, 09/01/2005, 01/01/2007, 08/14/2008, 07/01/2010, 09/29/2011, 12/01/2011, 01/01/2014, 12/31/2016