Ohio § 5104.042 Suspension of child care center and home licenses without hearing

Ohio Statutes

§ 5104.042 — Suspension of child care center and home licenses without hearing

Ohio § 5104.042

Title 51Public Welfare

Ch. 5104Child Day-care

This text of Ohio § 5104.042 (Suspension of child care center and home licenses without hearing) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 5104.042 (2026).

Text

(A)The department of children and youth may suspend, without a prior hearing, the license of a child care center, type A family child care home, or licensed type B family child care home if any of the following occur:

(1)A child dies or suffers a serious injury while receiving child care in the center, type A home, or licensed type B home.

(2)A public children services agency receives a report pursuant to section2151.421of the Revised Code, and the person alleged to have inflicted abuse or neglect on the child who is the subject of the report is any of the following:

(a)The owner, licensee, or administrator of the center, type A home, or licensed type B home;

(b)An employee of the center, type A home, or licensed type B home who has not immediately been placed on administrative le

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(A) The department of children and youth may suspend, without a prior hearing, the license of a child care center, type A family child care home, or licensed type B family child care home if any of the following occur:

(1) A child dies or suffers a serious injury while receiving child care in the center, type A home, or licensed type B home.

(2) A public children services agency receives a report pursuant to section2151.421of the Revised Code, and the person alleged to have inflicted abuse or neglect on the child who is the subject of the report is any of the following:

(a) The owner, licensee, or administrator of the center, type A home, or licensed type B home;

(b) An employee of the center, type A home, or licensed type B home who has not immediately been placed on administrative leave or released from employment;

(c) Any person who resides in the type A home or licensed type B home.

(3) An owner, licensee, administrator, or employee of the center, type A home, or licensed type B home, or a resident of the type A home or licensed type B home is charged by an indictment, information, or complaint with an offense relating to the abuse or neglect of a child.

(4) The department or a county department of job and family services determines that the center, type A home, or licensed type B home created a serious risk to the health or safety of a child receiving child care in the center, type A home, or licensed type B home that resulted in or could have resulted in a child's death or injury.

(5) The department determines that the owner or licensee of the center, type A home, or licensed type B home does not meet the requirements of section5104.013of the Revised Code.

(B) The department shall serve a written order of suspension on the licensee as described in sections119.05and119.07of the Revised Code. The licensee may request an adjudicatory hearing before the department pursuant to sections119.06to119.12of the Revised Code.

(C) Any summary suspension imposed under this section shall remain in effect until any of the following occurs:

(1) The public children services agency completes its investigation of the report pursuant to section2151.421of the Revised Code and determines that all of the allegations are unsubstantiated.

(2) All criminal charges are disposed of through dismissal or a finding of not guilty.

(3) The department issues pursuant to Chapter 119. of the Revised Code a final order terminating the suspension.

(D) The center, type A home, or licensed type B home shall not provide child care while the summary suspension remains in effect. Upon issuance of the order of suspension, the licensee shall inform the caretaker parent of each child receiving child care in the center, type A home, or licensed type B home of the suspension.

(E) The director of children and youth may adopt rules in accordance with Chapter 119. of the Revised Code establishing standards and procedures for the summary suspension of licenses.

(F) This section does not limit the authority of the department to revoke a license pursuant to section5104.04of the Revised Code.

Last updated January 28, 2025 at 4:30 PM