October, 2017

The Ohio Department of Job and Family Services (“ODJFS”) oversees issuing and revoking Type A and B licenses for childcare. Professional childcare providers in Ohio rely on their licenses because they allow reimbursement by the government for providing childcare. When ODJFS decides to revoke a childcare provider’s license, it usually means the end of that person’s business and livelihood.

Unfortunately, childcare providers are sometimes swiftly shepherded through the ODJFS administrative process without being fully aware of their legal rights and options. Many, for example, are unaware that their Type A or B license is a valid property interest that may not be taken away without due process of law.

The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that certain substantive rights - life, liberty, and property - may not be deprived except through constitutionally adequate procedures that safeguard fundamental rights of the individual. The “due course of law” provision in Section 16, Article I, of the Ohio Constitution is the equivalent under Ohio law.

In an administrative hearing, license-holders have a fundamental right to a notice and a hearing, i.e., an opportunity to be heard. Regarding notice, the agency must properly inform them of their right to a hearing and include: the charges or other reasons for the proposed action; the law or rule directly involved; and a statement informing you that you are entitled to a hearing if requested within thirty days of the mailing the notice.

If you are the subject of a Type A or Type B revocation hearing, it is crucial to confer with an attorney as early as possible to ensure that your legal rights are protected. This could make the difference between losing your license or retaining it.