Ohio § 5104.03
Full text of Ohio Ohio Revised Code § 5104.03, with citation guidance and answers to common questions.
§ 5104.03.
(A) As used in this section, “ owner ” has the same meaning as in section 5104.01 of the Revised Code , except that “owner” also includes a firm, organization, institution, or agency,
as well as any individual governing board members, partners, or authorized representatives
of the owner. (B) Any person, firm, organization, institution, or agency seeking to establish a child
care center, type A family child care home, or licensed type B family child care home
shall apply for a license to the director of children and youth on such form as the
director prescribes. The director shall provide at no charge to each applicant for licensure a copy of
the child care license requirements in this chapter and a copy of the rules adopted
pursuant to this chapter. The copies may be provided in paper or electronic form. Fees shall be set by the director pursuant to sections 5104.015 , 5104.017 , and 5104.018 of the Revised Code and shall be paid at the time of application for a license to operate a center, type
A home, or type B home. Fees collected under this section shall be paid into the state treasury to the credit
of the general revenue fund. (C)(1) Upon filing of the application for a license, the director shall investigate and
inspect the center, type A home, or type B home to determine the license capacity
for each age category of children of the center, type A home, or type B home and to
determine whether the center, type A home, or type B home complies with this chapter
and rules adopted pursuant to this chapter. When, after investigation and inspection, the director is satisfied that this chapter
and rules adopted pursuant to it are complied with, subject to division (G) of this
section, a license shall be issued as soon as practicable in such form and manner
as prescribed by the director. The license shall be designated as provisional and shall be valid for at least twelve
months from the date of issuance and until the continuous license is issued or until
the provisional license is revoked or suspended pursuant to section 5104.042 of the Revised Code . (2) The director may contract with a government entity or a private nonprofit entity
for the entity to inspect type A or type B family child care homes pursuant to this
section. If the director contracts with a government entity or private nonprofit entity for
that purpose, the entity may contract with another government entity or private nonprofit
entity for the other entity to inspect type A or type B homes pursuant to this section. The director, government entity, or private nonprofit entity shall conduct an inspection
prior to the issuance of a license for a type A or type B home and, as part of that
inspection, ensure that the home is safe and sanitary. (D) The director shall investigate and inspect the center, type A home, or type B home
at least once during operation under a license designated as provisional. If after the investigation and inspection the director determines that the requirements
of this chapter and rules adopted pursuant to this chapter are met, subject to division
(G) of this section, the director shall issue a continuous license to the center or
home. (E) Each license shall state the name of the licensee, the name of the administrator,
the address of the center, type A home, or licensed type B home, and the license capacity
for each age category of children. The license shall include thereon, in accordance with sections 5104.015 , 5104.017 , and 5104.018 of the Revised Code , the toll-free telephone number to be used by persons suspecting that the center,
type A home, or licensed type B home has violated a provision of this chapter or rules
adopted pursuant to this chapter. A license is valid only for the licensee, administrator, address, and license capacity
for each age category of children designated on the license. The license capacity specified on the license is the maximum number of children
in each age category that may be cared for in the center, type A home, or licensed
type B home at one time. A center or home licensee shall notify the director in writing when the administrator,
address, or license capacity of the center or home changes. The director shall amend the current license to reflect a change in any of the following: (1) An administrator, if the administrator meets the requirements of this chapter and
rules adopted pursuant to this chapter; (2) Address, if the new address meets the requirements of this chapter and rules adopted
pursuant to this chapter; (3) License capacity for any age category of children as determined by the director of
children and youth. (F) If the director revokes the license of a center, a type A home, or a type B home,
the director shall not issue another license to the owner of the center, type A home,
or type B home until five years have elapsed from the date the license is revoked. If the director denies an application for a license, the director shall not consider
another application from the applicant until five years have elapsed from the date
the application is denied. (G)(1) Except as provided in division (G)(2) of this section, all actions of the director
with respect to licensing centers, type A homes, or type B homes, refusal to license,
and revocation of a license shall be in accordance with Chapter 119. of the Revised
Code. Except as provided in division (G)(2) of this section, any applicant who is denied
a license or any owner whose license is revoked may appeal in accordance with section 119.12 of the Revised Code . (2) The following actions by the director are not subject to Chapter 119. of the Revised
Code: (a) The director ceases its review of an application because the owner of a center, type
A home, or type B home sought a license before five years had elapsed from the date
the previous license was revoked and the director does not issue the license. (b) The director ceases its review of an application because the applicant applied for
licensure before five years had elapsed from the date the previous application was
denied and the director does not issue the license. (c) The director closes a license because the director has determined that the center,
type A home, or type B home is no longer operating at the address stated on the license
and did not notify the director of the address change as described in division (E)
of this section. (H) In no case shall the director issue a license under this section for a center, type
A home, or type B home if the director, based on documentation provided by the appropriate
county department of job and family services, determines that the applicant had been
certified as an in-home aide, that the county department revoked that certification
within the immediately preceding five years, that the revocation was based on the
applicant's refusal or inability to comply with the criteria for certification, and
that the refusal or inability resulted in a risk to the health or safety of children. (I) An owner of a type B family child care home that receives a license pursuant to this
section is an independent contractor and is not an employee of the department of children
and youth.
Frequently Asked Questions About Ohio § 5104.03
What does Ohio Revised Code § 5104.03 cover?
Section 5104.03 is part of the Ohio Revised Code, the codified statutory law of Ohio. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Ohio § 5104.03?
A common citation format is "Ohio Revised Code § 5104.03" (Ohio). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Ohio law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Ohio official source linked on this page or consult a licensed Ohio attorney.
How does Ohio § 5104.03 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Ohio.