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§ 227.26 Medical Examination Before Admission; Contagious Disease
   No child shall be admitted to the day care center unless the child has been given a thorough and complete medical examination by a licensed examining physician. Such examination shall include all laboratory tests necessary to indicate the physical condition of the child examined, including a recent blood lead test for children under six (6) years of age, and shall provide to the child all necessary immunizations that are required by law. The result of such examination shall be reduced to writing and preserved in the permanent files kept at the day care center. No child may be admitted to any day care center unless the examination indicated by the record shows that such child is free from any contagious, infectious, communicable or parasitic disease, and duly protected against contagion or infection. No examining physician shall make any untrue or incorrect statement in any report provided for in this section.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.27 Overcrowding and Children per Staff Member Ratio
   (a)   No room in any day care center shall be overcrowded. Any room shall be deemed overcrowded for the purposes of this chapter if there is less than three hundred (300) cubic feet of air space per child at any time.
   (b)   Each day care-center shall have at least two (2) responsible adults, including one (1) staff member, available on the premises at all times when seven (7) or more children are in the center. The center shall organize the children in the center in small groups, shall provide child-care staff to give continuity of care and supervision of the children on a day-by-day basis, and shall ensure that no child is left alone or unsupervised. The following ratios of children per child-care staff member are to be followed:
Infants
Infants
   Less than 12 months old
5:1 or 12:2 with 2 staff members in the room
   12 to 18 months old
6:1
Toddlers
   18 to less than 30 months old
7:1
   At least 30 months to less than 3 years
8:1
Preschool
   3 years old
12:1
   4 and 5 year olds
14:1
School Children
   Children enrolled in, or eligible to be enrolled in kindergarten or above, but less than 11 years old
18:1
   11 through 14 years old
20:1
 
   (c)   When children are combined with other age groups, the ratio must conform to the youngest child in the group.
   (d)   Each day care center must have an administrator on site for minimum of at least half of the operating hours. This presence must be documented and available for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.28 Discipline of Children
   Each day care center shall have a written discipline policy which describes the center’s philosophy of discipline and the specific methods of discipline used at the center. The policy shall follow the State’s guidelines as set forth in OAC 5101:2-17-42. The parent or guardian of a child enrolled in a center shall receive a copy of the written discipline policy and a copy of the policy shall be on file at the day care center and ready for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.29 Safety Policies
   Each day care center shall have written policies for different safety issues including, but not limited to not leaving children unattended, arrival and departure policies, immediate telephone access, fire and weather alert plans, incident report procedures, monthly fire drills, field trip safety plans, and the no spraying of aerosols while children are present. These written policies shall be on file at the day care center and ready for inspection.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.30 Child Enrollment, Attendance and Medical Records
   (a)   The administrator of each day care center shall maintain enrollment, health, and attendance records for all children attending the center and health and employment records for all center employees. The records shall be confidential except as otherwise exempt by law.
   (b)   Enrollment records shall include:
      (1)   The name, address, and birth date of each child;
      (2)   The date of admission of each child;
      (3)   The names, home addresses, home telephone numbers of each parent or guardian;
      (4)   The names, work addresses, work telephone numbers, or name and address of location and telephone number where each parent or guardian may be reached during the hours the child attends the center;
      (5)   The names, addresses, telephone numbers and relationships to each child of at least two (2) local persons who can be contacted by the center in the event of an emergency if the parent or guardian cannot be reached.
   (c)   Attendance records shall be kept by the staff member responsible for the child. Records shall be kept for at least three (3) months and shall include the names of the other children in the group, the name of the staff member in charge of that group, the designated space used by the group, and the schedule of each child in the group, including the days and hours of attendance.
   (d)   Health records shall be secured from the parent on or before the first day of attendance. The health record shall be kept on file and shall include:
      (1)   A list of medications, food supplements, modified diets, or fluoride supplements currently being administered to the child;
      (2)   Written, signed and dated instructions from a licensed physician or licensed dentist to administer medications, food supplements, modified diets or fluoride supplements;
      (3)   A list of all allergies and any special precautions or treatment indicated for these allergies;
      (4)   A list of all physical problems, health problems, and any history of hospitalization;
      (5)   A list of diseases the child has had;
      (6)   The name, address, and telephone number of the child’s physician or clinic;
      (7)   An emergency transportation authorization as required in the Ohio Administrative Code.
   (e)   The center shall require that parents or guardians review and update information as needed or at least annually.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.31 Administration of Medications and Supplements
   (a)   Each center shall have a written policy on file and given to parents and guardians that governs whether and how a center administers medications, food supplements, modified diets or fluoride supplements.
   (b)   Each center shall secure the written instructions of a licensed physician or licensed dentist for the administration of the medication, food supplement, modified diet, or fluoride supplement and secure the written, signed and dated instructions of the parent or guardian on the form provided by the director for the administration of the medication, food supplement, modified diet, or fluoride supplement.
   (c)   Prescription labels on medications to be administered must be clearly labeled, with a current date, an exact dosage and the specific number of dosages to be given daily, and the route of administration.
   (d)   Exceptions:
      (1)   In cases of extreme emergency, center personnel may administer syrup of Ipecac to a child without written instructions from a physician if following verbal instructions of the poison control center or a licensed physician.
      (2)   Nonprescription fever-reducing medications that do not contain aspirin, or nonprescription cough or cold medications that do not contain codeine may be administered by the center without written instructions from a licensed physician if the child’s parent or guardian have provided an authorization, the medication is in its original container, and medication is properly labeled with dosages based on the child’s age or weight.
   (e)   Medications, food supplements, and fluoride supplements shall be kept in a safe location where children cannot reach it. A medication requiring refrigeration shall be refrigerated on arrival at the center and shall be stored so as not to contaminate foodstuffs.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.32 Medical and Dental Emergency Procedures
   (a)   The day care center shall have a written plan for medical and dental emergencies. The emergency plan shall require immediate notification of the parent or guardian in the event of any accident, injury, or illness and shall include plans for transportation of the child to the source of medical or dental care treatment, if necessary.
   (b)   The medical and dental emergency plan shall be posted by each telephone used by the center and in each classroom used by the children at the center. The emergency plan shall state, at a minimum, the following information:
      (1)   The center’s name, address, and telephone number;
      (2)   The location of the first aid kit;
      (3)   The current emergency telephone numbers for the emergency squad, the fire department, the hospital, the poison control center, the local public children’s services agency, and the police department;
      (4)   The names of the staff trained to administer first aid;
      (5)   The location of children’s records;
      (6)   General instructions to staff in case of emergency, including the supervision of children during the emergency;
      (7)   General instructions to staff in case of illness of children;
      (8)   The location of the Ohio department of health dental first aid chart.
(Ord. No. 924-09. Passed 8-5-09, eff. 8-13-09)
§ 227.33 Reports to the Director of Public Health
   (a)   Every person, firm, association or corporation conducting, managing or maintaining a day care center shall report to the Director of Public Health within timelines specified in OAC 3701-3-05. Every person, firm, association or corporation conducting, managing or maintaining a day care center shall report to the Director of Public Health, all cases and suspected cases of contagious diseases, such as smallpox, chickenpox, diphtheria, scarlet fever, mumps, measles, whooping cough, impetigo contagiosa, typhoid fever, tuberculosis, hand, foot and mouth disease, meningitis (bacterial, viral/aseptic), flu, diarrheal diseases, and any other disease classified as communicable in accordance with OAC 3701-3-02. The report shall give the names and addresses of persons so afflicted and all other known facts relating to the case or incident in accordance with OAC 3701-3-03, which may aid in eradicating such diseases.
   (b)   Every person, firm, association or corporation conducting a day care center shall also make out a Monthly Illness Report Form in writing on or before the fifth day of each calendar month, giving a complete record of the operation of the center during the preceding calendar month, showing the number of children admitted, all relevant illnesses, all accidental injuries and deaths, the cause of the same and other information as may be necessary to an intelligent supervision of the center. This report shall be kept in the permanent records of the day care center.
   (c)   All reports required in this section shall be made upon blanks approved by the Director of Public Health and shall be signed by the superintendent or the official in charge. All records placed in permanent files under the requirements of this chapter shall be open to inspection by the Director of Public Health or any officer or employee of the Division of Health designated by the Director of Public Health at any time.
(Ord. No. 1642-12. Passed 12-3-12, eff. 12-6-12; Ord. No. 20-13. Passed 1-7-13, eff. 1-8-13)
§ 227.34 Appeal
   A day care center's license may be suspended or revoked at any time by the Director of Public Health on his or her own initiative. Before suspending or revoking the license the Director of Public Health shall afford the licensee the opportunity of a hearing on the charges. The licensee may appeal from the order in the manner provided by Section 201.03. A second suspension for the same reason or, in any case a third suspension of a day care center's license shall operate as a revocation of such license. No day care center's owner or administrator whose license has been revoked shall again be licensed as a day care provider in the City unless on presentation of reasons satisfactory to the Director of Public Health. The Director of Public Health shall notify the Building Department, the Division of Fire and the Commissioner of Assessments and Licenses of all suspensions or revocations of day care licenses.
(Ord. No. 1642-12. Passed 12-3-12, eff. 12-6-12; Ord. No. 20-13. Passed 1-7-13, eff. 1-8-13)
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