(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:

Age Category of Children Maximum Number of 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

Terms Used In Ohio Code 5104.033

  • Child: includes an infant, toddler, preschool-age child, or school-age child. See Ohio Code 5104.01
  • Child care: means all of the following:

    (1) Administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours;

    (2) By persons other than their parents, guardians, or custodians;

    (3) For part of the twenty-four-hour day;

    (4) In a place other than a child's own home, except that an in-home aide provides child care in the child's own home;

    (5) By a provider required by this chapter to be licensed or approved by the department of job and family services, certified by a county department of job and family services, or under contract with the department to provide publicly funded child care as described in section 5104. See Ohio Code 5104.01

  • Child care staff member: means an employee of a child care center, type A family child care home, licensed type B family child care home, or approved child day camp who is primarily responsible for the care and supervision of children. See Ohio Code 5104.01

(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.

Last updated August 28, 2023 at 2:35 PM

  Previous section
Next section  
 Chapter 5104 Contents