5101:2-13-09 Criminal records check requirements for a licensed family child care provider.

(A) What records are included in a criminal records check?

(1) Bureau of criminal investigation (BCI) records.

(2) Federal bureau of investigation (FBI) records.

(B) Who shall have a criminal records check?

(1) Licensed family child care providers and applicants to be licensed family child care providers.

(2) Adults (age eighteen and older) residing in the home of the family child care provider or applicant.

(3) Child care staff members and other employees of the family child care provider or applicant.

(4) Substitutes of the family child care provider or applicant.

(C) When are criminal records checks required?

(1) At application for a family child care license.

(2) Within ten business days after a resident of the home turns eighteen years old.

(3) Within ten business days of an adult moving into the home.

(4) Prior to the first day of employment for the employee or child care staff member of the family child care provider even if the employee has previously worked for the family child care provider. Results shall be reviewed by the county agency prior to the child care staff member being left alone with children.

(5) Every five years from the date of the most recent criminal records check.

(D) How is a criminal records check obtained?

(1) The individual shall electronically submit fingerprints according to the process of BCI. Information on how to obtain a criminal records check can be found at http://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck and results sent to the county agency.

(2) Each family child care provider shall pay to BCI the prescribed fee for each requested criminal records check. If the family child care provider chooses to charge an employee, child care staff member, substitute or anyone eighteen years of age or older residing in the home, the family child care provider shall notify the person in writing of the amount of the fee and the procedure for reimbursement of the fee to the home.

(3) Criminal records check results are not public records and shall not be made available to any person other than the person who is the subject of the criminal records check or his or her representative, the family child care provider or the ODJFS or county agency.

(E) What is a prohibited offense?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code.

(2) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(F) What if someone has been convicted of a prohibited offense?

(1) The county agency shall review the complete disposition report, complete the JFS 01206 "Rehabilitation Criteria" (rev. 12/2016) for each prohibited conviction and approve or disapprove the individual. A copy of the complete disposition report shall be attached to the JFS 01206 for each prohibited conviction.

(2) A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(3) If a provider, child care staff member, substitute or other adults in the home was employed or resided in the home prior to the effective date of this rule and previously met the rehabilitation standards then these individuals shall complete the JFS 01206 and the county agency shall re-review the criminal records checks to determine if the individual meets the updated rehabilitation standards detailed in appendix A to this rule by April 1, 2017.

(a) If a provider or resident of the home does not meet the updated rehabilitation standards:

(i) The provider may voluntarily surrender the license; or

(ii) The county agency shall recommend revocation pursuant to rule 5101:2-13-05 of the Administrative Code if the provider does not voluntarily surrender the license.

(b) If a child care staff member or employee does not meet the updated rehabilitation standards, the provider shall terminate the individual's employment immediately.

(c) If a substitute does not meet the updated rehabilitation standards, the provider shall immediately cease using the substitute.

(4) A family child care provider may apply for a license or continue to be licensed if it is determined the applicant, provider, or adult living in the family child care home, who has been convicted of or pleaded guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code, meets the rehabilitation standards detailed in appendix A to this rule.

(5) An individual desiring to be a child care staff member, employee or substitute for a family child care home, who has been convicted of or pleaded guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code, may be approved if the county agency determines that he or she meets all the rehabilitation standards detailed in appendix A to this rule.

(G) What are the requirements for completing the JFS 01328 "Statement of Nonconviction for Child Care" (rev. 12/2016)?

(1) Individuals listed in paragraph (B) of this rule shall complete the JFS 01328 and submit to the county agency at the following times:

(a) At application for a family child care license.

(b) Within ten business days after a resident of the home turns eighteen years old.

(c) Within ten business days of an adult moving into the home.

(d) Prior to the first day of employment for the employee or child care staff member.

(e) Prior to using a substitute.

(f) Annually from the date of the signature (section I of the JFS 01328 only).

(2) In accordance with section 5104.99 of the Revised Code, whoever falsifies information on the JFS 01328 in violation of division (M)(4) of section 5104.013 of the Revised Code is guilty of a misdemeanor of the first degree.

(3) If an employee or child care staff member of the family child care home indicates on the JFS 01328 that he or she has had a child removed from his or her home due to abuse or neglect caused by the employee or child care staff member pursuant to section 2151.353 of the Revised Code, he or she shall be immediately released from employment.

Replaces: 5101:2-13-26, 5101:2-14-07

Click to view Appendix

Effective: 12/31/2016
Five Year Review (FYR) Dates: 12/31/2021
Promulgated Under: 119.03
Statutory Authority: 5104.013
Rule Amplifies: 5104.013, 5104.03
Prior Effective Dates: 9/5/86, 7/1/95, 10/1/97 (Emer.), 12/30/97, 4/1/03, 7/1/03, 9/1/05, 1/1/07, 8/14/08, 3/1/09, 7/1/10, 1/1/14, 9/29/11