Ohio Code § 5104.033
Ohio Code § 5104.033. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 5104.033.
(A)(1) A child care center shall have at least two responsible adults available on the premises
at all times when seven 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 to the children on a day-by-day
basis, and shall ensure that no child is left alone or unsupervised. Except as otherwise provided in division (B) of this section, the maximum number
of children per child care staff member and maximum group size, by age category of
children, are as follows: Maximum Number of Age Category of Children Children Per Child-Care Staff Member Maximum Group Size (a) Infants: (i) Less than twelve months old 5:1, or 12:2 if two child-care staff members are in the room 12 (ii) At least twelve months old, but less than eighteen months old 6:1 12 (b) Toddlers: (i) At least eighteen months old, but less than thirty months old 7:1 14 (ii) At least thirty months old, but less than three years old 8:1 16 (c) Preschool-age children: (i) Three years old 12:1 24 (ii) Four years old and five years old who are not school children 14:1 28 (d) School-age children: (i) A child who is enrolled in or is eligible to be enrolled in a grade of kindergarten
or above, but is less than eleven years old 18:1 36 (ii) Eleven through fourteen years old 20:1 40 (2) Except as otherwise provided in division (B) of this section, the maximum number
of children per child care staff member and maximum group size requirements of the
younger age group shall apply when age groups are combined. (B)(1) When age groups are combined, the maximum number of children per child care staff
member shall be determined by the age of the youngest child in the group, except that
when no more than one child thirty months of age or older receives services in a group
in which all the other children are in the next older age group, the maximum number
of children per child care staff member and maximum group size requirements of the
older age group established under division (A) of this section shall apply. (2) The maximum number of toddlers or preschool-age children per child care staff member
in a room where children are napping shall be twice the maximum number of children
per child-care staff member established under division (A) of this section if all
the following criteria are met: (a) At least one child care staff member is present in the room. (b) Sufficient child care staff members are on the child care center premises to meet
the maximum number of children per child care staff member requirements established
under division (A) of this section. (c) Naptime preparations are complete and all napping children are resting or sleeping
on cots. (d) The maximum number established under division (B)(2) of this section is in effect
for no more than two hours during a twenty-four-hour day.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 5104.033
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
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Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
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What subject does Ohio Revised Code § 5104.033 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
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