Ohio Revised Code Chapter 5104 creates a statewide licensing framework for in-home child care, classifying providers as Type A or Type B family child care homes and preempting local licensing of child care operations.
Under ORC 5104.01, a Type A family child care home cares for seven to twelve children at one time, while a Type B home cares for one to six children. Both must be licensed by the Ohio Department of Children and Youth, complete background checks under ORC 5104.013, satisfy training requirements, and pass home inspections. Operators must meet adult-to-child ratios, maintain liability insurance disclosure, and follow nutrition and supervision standards. ORC 5104.054 permits family child care homes as a residential use in any residential zoning district, overriding local zoning that would otherwise prohibit them.
Operating an unlicensed family child care home with more than six children, or failing to meet ratio, training, or safety standards, may result in license denial, revocation, civil fines under ORC 5104.99, and referral for criminal prosecution.
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