Ohio § 5104.30

§ 5104.30.

(A) The department of children and youth is hereby designated as the state agency responsible

for administration and coordination of federal and state funding for publicly funded

child care in this state.  Publicly funded child care shall be provided to the following: (1) Recipients of transitional child care as provided under section 5104.34 of the Revised Code ; (2) Participants in the Ohio works first program established under Chapter 5107. of the

Revised Code; (3) Individuals who would be participating in the Ohio works first program if not for

a sanction under section 5107.16 of the Revised Code and who continue to participate in a work activity, developmental activity, or alternative

work activity pursuant to an assignment under section 5107.42 of the Revised Code ; (4) A family receiving publicly funded child care on October 1, 1997, until the family's

income reaches one hundred fifty per cent of the federal poverty line; (5) Subject to available funds, other individuals determined eligible in accordance with

rules adopted under section 5104.38 of the Revised Code . The department shall apply to the United States department of health and human services

for authority to operate a coordinated program for publicly funded child care, if

the director of children and youth determines that the application is necessary.  For purposes of this section, the department of children and youth may enter into

agreements with other state agencies that are involved in regulation or funding of

child care.  The department shall consider the special needs of migrant workers when it administers

and coordinates publicly funded child care and shall develop appropriate procedures

for accommodating the needs of migrant workers for publicly funded child care. (B) The department of children and youth shall distribute state and federal funds for

publicly funded child care, including appropriations of state funds for publicly funded

child care and appropriations of federal funds available under the child care block

grant act, Title IV-A, and Title XX.  The department may use any state funds appropriated for publicly funded child care

as the state share required to match any federal funds appropriated for publicly funded

child care. (C) In the use of federal funds available under the child care block grant act, all of

the following apply: (1) The department may use the federal funds to hire staff to prepare any rules required

under this chapter and to administer and coordinate federal and state funding for

publicly funded child care. (2) Not more than five per cent of the aggregate amount of the federal funds received

for a fiscal year may be expended for administrative costs. (3) The department shall allocate and use at least four per cent of the federal funds

for the following: (a) Activities designed to provide comprehensive consumer education to parents and the

public; (b) Activities that increase parental choice; (c) Activities, including child care resource and referral services, designed to improve

the quality, and increase the supply, of child care; (d) Establishing the step up to quality program pursuant to section 5104.29 of the Revised Code . (4) The department shall ensure that the federal funds will be used only to supplement,

and will not be used to supplant, federal, state, and local funds available on the

effective date of the child care block grant act for publicly funded child care and

related programs.  If authorized by rules adopted by the department pursuant to section 5104.42 of the Revised Code , county departments of job and family services may purchase child care from funds

obtained through any other means. (D) The department shall encourage the development of suitable child care throughout

the state, especially in areas with high concentrations of recipients of public assistance

and families with low incomes.  The department shall encourage the development of suitable child care designed to

accommodate the special needs of migrant workers.  On request, the department, through its employees or contracts with state or community

child care resource and referral service organizations, shall provide consultation

to groups and individuals interested in developing child care.  The department of children and youth may enter into interagency agreements with

the department of education and workforce, the chancellor of higher education, the

department of development, and other state agencies and entities whenever the cooperative

efforts of the other state agencies and entities are necessary for the department

of children and youth to fulfill its duties and responsibilities under this chapter. The department shall develop and maintain a registry of persons providing child care.  The director shall adopt rules in accordance with Chapter 119. of the Revised Code

establishing procedures and requirements for the registry's administration. (E)(1) The director shall adopt rules in accordance with Chapter 119. of the Revised Code

establishing both of the following: (a) Payment rates for providers of publicly funded child care not later than the first

day of July in each odd-numbered year; (b) A procedure for paying providers of publicly funded child care. (2) In establishing payment rates under division (E)(1)(a) of this section, the director

shall do all of the following: (a) Use the information obtained from the market rate survey developed and conducted

in accordance with 45 C.F.R. 98.45 ; (b) Establish an enhanced payment rate for providers who enroll children whose caretaker

parents work nontraditional hours; (c) With regard to the step up to quality program established pursuant to section 5104.29 of the Revised Code , establish enhanced payment rates for child care providers that participate in the

program. (3) In establishing payment rates under division (E)(1)(a) of this section, the director

may establish different payment rates based on any of the following: (a) Geographic location of the provider; (b) Type of care provided; (c) Age of the child served; (d) Special needs of the child served; (e) Whether the expanded hours of service are provided; (f) Whether weekend service is provided; (g) Whether the provider has exceeded the minimum requirements of state statutes and

rules governing child care; (h) Any other factors the director considers appropriate.