OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 580 Bill Analysis
135th General Assembly
Click here for H.B. 580’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. White and Ray
Effective date:
Chenwei Zhang, Attorney
SUMMARY
 Guarantees publicly funded child care (PFCC) for foster caregivers and kinship
caregivers, to be provided for a child who is placed with such a caregiver.
 Requires a foster caregiver or kinship caregiver to be employed or participating in an
education or training program in order to be eligible for PFCC.
 Specifies that the PFCC guaranteed by the bill may be provided by a licensed child care
program or a border state child care provider.
DETAILED ANALYSIS
Publicly funded child care for foster and kinship caregivers
The bill guarantees publicly funded child care (PFCC) for foster caregivers and kinship
caregivers regardless of income.1 To be eligible, a foster caregiver or kinship caregiver must be
employed or participating in an education or training program for an amount of time
reasonably related to the time that the child is receiving PFCC. The benefit may only be
provided for a child that is placed with a foster caregiver or kinship caregiver.2
Under current law, PFCC is guaranteed for individuals participating in or transitioning
from the Ohio Works First Program. For others, PFCC eligibility is subject to the availability of
funds. For those families, until June 30, 2025, the maximum amount of family income for initial
1 R.C. 5104.30(A)(4).
2 R.C. 5104.302(A) and (B).
June 13, 2024
Office of Research and Drafting LSC Legislative Budget Office
PFCC eligibility cannot exceed 145% of the federal poverty level (FPL), or 150% for special needs
child care. For continued eligibility, the maximum amount cannot exceed 300% FPL.3
Child care oversight
Under current law, the Department of Job and Family Services (ODJFS) is the agency
responsible for regulating child care and administering PFCC. The Department of Education and
Workforce is responsible for licensing preschool programs and school child programs. Due to
changes enacted in H.B. 33 of the 135th General Assembly, all of these duties will transfer to the
Department of Children and Youth (ODCY) on January 1, 2025; therefore, this analysis refers
only to ODCY.
Authorized providers
The bill specifies that only the following entities may provide PFCC for a foster caregiver
or kinship caregiver:
 A child care center, including a parent cooperative child care center, that is licensed by
ODCY;
 A type A family child care home, including a parent cooperative type A family child care
home, that is licensed by ODCY;
 A type B family child care home that is licensed by ODCY;
 A preschool program that is licensed by ODCY;
 A school child program that is licensed by ODCY;
 A border state child care provider that is licensed by a state bordering Ohio, except that
the provider may provide PFCC only to an individual who resides in an Ohio county that
borders the state in which the provider is located.
The following table describes each of the in-state licensed child care programs under
existing law:4
Child Care Providers
Type Description/Number of children served Regulatory system
Child care Any place that is not the permanent A child care center must be licensed by
center residence of the provider in which child ODCY, regardless of whether it provides
care is provided for 7 or more children PFCC.
at one time.
3 R.C. 5104.38 and Section 423.130 of H.B. 33 of the 135th General Assembly.
4 R.C. 5104.01(L), (BB), (CC), (DD), (UU), and (VV), 5104.31, and 3301.52(A), (B), (I), and (J), not in the bill.
P a g e |2 H.B. 580
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Child Care Providers
Type Description/Number of children served Regulatory system
Family child Type A home – a permanent residence A type A home must be licensed by
care home of an administrator in which child care ODCY, regardless of whether it provides
is provided as follows: PFCC.
 For 7-12 children at one time;
or
 For 4-12 children at one time if
4 or more are under age 2.
Type B home – a permanent residence To be eligible to provide PFCC, a type B
of the provider in which child care is home must be licensed by ODCY.
provided as follows:
 For 1-6 children at one time;
and
 No more than 3 children at one
time under age 2.
Preschool A child care program operated by a To be eligible to provide PFCC, a
program school district board of education or preschool program must be licensed by
eligible nonpublic school for children ODCY.
who have not entered kindergarten and
are not of compulsory school age, OR
A child care program operated by a
county board of developmental
disabilities or community school for
children age 3 and older who have not
entered kindergarten and are not of
compulsory school age.
School child A child care program that is operated To be eligible to provide PFCC, a school
program by a school district board of education, child program must be licensed by
county board of developmental ODCY.
disabilities, community school, or
eligible nonpublic school for children as
follows:
 For children enrolled in or eligible
to be enrolled in kindergarten or
a grade above; and
 Less than 15 years old.
P a g e |3 H.B. 580
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Definitions
The bill incorporates existing law definitions of a foster caregiver and kinship caregiver.
A foster caregiver is a person who holds a valid foster home certificate. A kinship caregiver is
any of the following who is 18 years old and is caring for a child in place of the child’s parents:5
1. The following individuals related by blood or adoption to the child:
a. Grandparents, including grandparents with the prefix “great,” “great-great,” or
“great-great-great”;
b. Siblings;
c. Aunts, uncles, nephews, and nieces, including such relatives with the prefix “great,”
“great-great,” “grand,” or “great-grand”;
d. First cousins and first cousins once removed;
2. Stepparents and stepsiblings of the child;
3. Spouses and former spouses of individuals named in #1 and #2;
4. A legal guardian of the child;
5. A legal custodian of the child;
6. Any nonrelative adult that has a familiar and long-standing relationship or bond with the
child or the family, which relationship or bond will ensure the child’s social ties.
HISTORY
Action Date
Introduced 05-15-24
ANHB0580IN-135/ts
5 R.C. 5104.30(A)(4); R.C. 5103.02(C) and 5101.85, not in the bill.
P a g e |4 H.B. 580
As Introduced


Statutes affected:
As Introduced: 5104.30