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Ohio Child Day Care Centers -What Laws Apply as to Outdoor and Indoor Play?

By Will Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Ohio child day care centers, children suffer personal injuries every day while participating in outdoor / playground play or indoor play. Many of these child injuries could be prevented with better and more diligent supervision by child care workers and with better and more timely maintenance of playground equipment and toys. In some instances, the playground equipment or toy is inappropriate for the child’s age group, size, and maturity. For instance, raised platforms with no protective railings or sides would be inappropriate for infants and toddler who have poor balance and safety awareness. Toys with small removable parts or broken toys would also be inappropriate for this age group.

Pursuant to Chapter 5104 – Child Day Care – Section 5104.011 (B) (2), Ohio child day care centers must provide on site a safe outdoor place space that is enclosed by a fence or otherwise has as barrier in place to protect children from traffic and other hazards like waterways and electrical equipment. The space shall be not less than 60 square feet per child using the space at any one time. There are some exceptions to this law if there is an indoor play area, an accessible park regularly available and used for outdoor play, and close supervision. Whether the outdoor play area / playground is on site or off site, Ohio child day care centers must ensure that the play area, playground equipment, and toys are safe for the children and there is close supervision.