As Introduced
136th General Assembly
Regular Session H. B. No. 7
2025-2026
Representatives White, A., Ray
A B I LL
To amend section 5104.30 and to enact section
5104.302 of the Revised Code to make foster
caregivers and kinship caregivers eligible for
publicly funded child care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5104.30 be amended and section
5104.302 of the Revised Code be enacted to read as follows:
Sec. 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
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As Introduced
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 Subject to section
5104.302 of the Revised Code, foster caregivers, as defined in
section 5103.02 of the Revised Code, and kinship caregivers, as
defined in section 5101.85 of the Revised Code ;
(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
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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
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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) Reimbursement 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 reimbursing and paying providers of
publicly funded child care.
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(2) In establishing reimbursement rates under division (E)
(1)(a) of this section, the director shall do all of the
following:
(a) Use the information obtained in accordance with 45
C.F.R. 98.45;
(b) Establish an enhanced reimbursement rate for providers
who provide child care for caretaker parents who 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 reimbursement rates for child care providers
that participate in the program.
(3) In establishing reimbursement rates under division (E)
(1)(a) of this section, the director may establish different
reimbursement 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.
Sec. 5104.302. (A) A foster caregiver or kinship caregiver
shall be employed or participating in a program of education or
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training for an amount of time reasonably related to the time
that the child is receiving publicly funded child care in order
to be provided publicly funded child care under section 5104.30
of the Revised Code.
(B) Publicly funded child care shall be provided only for
a child that is placed with a foster caregiver or kinship
caregiver.
(C) Publicly funded child care for a foster caregiver or
kinship caregiver may be provided only by the following:
(1) Any of the following licensed by the department of
children and youth pursuant to section 5104.03 of the Revised
Code:
(a) A child care center, including a parent cooperative
child care center;
(b) A type A family child care home, including a parent
cooperative type A family child care home;
(c) A licensed type B family child care home.
(2) A licensed preschool program;
(3) A licensed school child program;
(4) A border state child care provider, except that a
border state child care provider may provide publicly funded
child care only to an individual who resides in an Ohio county
that borders the state in which the provider is located.
Section 2. That existing section 5104.30 of the Revised
Code is hereby repealed.
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