LAW
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Ohio Laws and Rules
(A) When the county department of job and family services (CDJFS) certifies individuals as type B home providers or in-home aides the CDJFS shall comply with the provisions of this rule.
(B) The CDJFS shall not certify or continue to certify any individual as a type B home provider or in-home aide when the applicant, provider or any adult residing in the applicant's or provider's home has been convicted of or pleaded guilty to offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, or had a child removed from his or her home pursuant to section 2151.353 of the Revised Code.
(C) The CDJFS shall not approve or continue to approve an individual as an emergency or substitute caregiver for a certified type B home provider or in-home aide when the individual has been convicted of or pleaded guilty to the offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, or had a child removed from his or her home pursuant to section 2151.353 of the Revised Code.
(D) Prior to the issuance of a type B home or in-home aide certificate the CDJFS shall request the bureau of criminal identification and investigation (BCII) to conduct a criminal records check, which shall include a federal bureau of investigation (FBI) criminal records check, on the individuals listed below. Every four years thereafter, prior to recertification the CDJFS shall request the BCII to conduct a criminal records check and may request an FBI criminal records check on:
(1) Individuals who submit an application for type B home or in-home aide certification.
(2) Adults residing in the home of individuals who submit an application for type B home certification.
(3) Individuals who will serve as emergency or substitute caregivers for individuals applying for certification as type B home providers or in-home aides.
(E) The CDJFS shall request the BCII to conduct a criminal records check, within four years from the date of the last BCII records check and prior to the provider's recertification; for the provider, emergency and substitute caregivers and all persons over eighteen years of age who reside in the home.
(1) The CDJFS may have an FBI criminal records check completed if the person does not have an FBI criminal records check on file.
(2) Every four years at the time of the provider's recertification, the CDJFS shall request the BCII to conduct a criminal records check and may request an FBI criminal records check.
(3) Persons who have not had a criminal records check completed or those with criminal records checks completed more than four years ago shall have a new criminal records check completed prior to the next provider recertification and every four years thereafter at the time of recertification.
(F) The criminal records check shall be received and reviewed prior to recertification and the results kept in the provider's file at the CDJFS.
(G) When the CDJFS receives notification from a certified type B home provider or learns from another source that there are additional adults residing in the home, the CDJFS shall request a criminal records check from BCII and FBI for those individuals.
(H) When the CDJFS receives notification from a certified type B home provider or learns from another source that the provider will be using a new substitute or emergency caregiver not currently approved by the CDJFS, the CDJFS shall make a request for a BCII and an FBI criminal records check.
(I) The CDJFS shall inform all individuals who request an application for certification as a type B home provider or in-home aide that the following requirements shall be met:
(1) The applicant, emergency caregivers, substitute caregivers and all individuals eighteen years of age or older residing in the type B home shall complete the JFS 01329 "Statement of Nonconviction for Type B Homes and In-Home Aides" (rev. 8/2008) at the time of initial application and annually thereafter. Fingerprint impressions for BCII and FBI shall be electronically submitted according to the process of BCII.
(2) The applicant will need to provide the CDJFS with a list of individuals who will serve as emergency and substitute caregivers and complete the JFS 01923 "Emergency/Substitute Caregiver Statement" (rev. 8/2008) for each emergency and substitute caregiver. These individuals shall be responsible for completing the JFS 01329 and shall complete a BCII and FBI criminal background check.
(J) The CDJFS shall provide the individuals described in paragraph (D) of this rule with information on how to electronically submit the fingerprints according to the process of BCII or where the individuals may access this information.
(K) The applicant, the prospective emergency caregiver, prospective substitute caregiver and all individual eighteen years of age or older residing in the type B home shall return the JFS 01329 and electronically submit the fingerprints according to the process of BCII and have the results provided to the CDJFS.
(1) Any fees charged to these individuals shall be collected at this time.
(2) When an applicant or any adult residing in the type B home fails to return the completed JFS 01329 or the information needed to complete a criminal records check is not submitted to BCII or the CDJFS, the application for certification as a type B home provider or in-home aide shall be denied. The application shall be denied according to procedures outlined in rule 5101:2-14-06 of the Administrative Code. When an emergency or substitute caregiver fails to return the JFS 01329 and/or fails to complete the criminal background check, the CDJFS shall notify the applicant and request the name of another individual who will serve as the emergency or substitute caregiver.
(L) Except as provided in paragraph (M) of this rule, when the CDJFS receives the results of the criminal records check and it is indicated that the applicant, the provider or adults residing in the applicant's or provider's type B home have been convicted of or pleaded guilty to the offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, the CDJFS shall do one of the following:
(1) Deny the application for certification according to procedures in Chapter 5101:2-14 of the Administrative Code.
(2) Immediately revoke the type B home or in-home aide certificate in accordance with Chapter 5101:2-14 of the Administrative Code.
(M) The CDJFS may certify or continue to certify a type B home provider or in-home aide only when the CDJFS determines the applicant, provider, in-home aide or adult living in the type B home, who has been convicted of or pleaded guilty to an offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, meets the following rehabilitation standards for the misdemeanor or felony conviction:
(1) The offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, and the following have occurred:.
(a) The conviction was sealed by a court pursuant to section 2953.32 of the Revised Code or at least three years have elapsed from the date the applicant, provider, in-home aide, or adult living in the type B home was fully discharged from any imprisonment or probation arising from the conviction, or completed a lesser sentence.
(b) The victim of the offense was not one of the following:
(i) An individual under the age of eighteen.
(ii) A functionally impaired individual as defined in division (A) of section 2903.10 of the Revised Code.
(iii) A mentally retarded individual as defined in division (K) of section 5123.01 of the Revised Code.
(iv) A developmentally disabled individual as defined in division (O) of section 5123.01 of the Revised Code.
(v) An individual with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.
(vi) An individual sixty years of age or older.
(2) The offense was a felony and the following have occurred:
(a) At least ten years have elapsed since the applicant, provider, in-home aide, or adult living in the type B home was fully discharged from imprisonment or probation arising from the conviction, or completed a lesser sentence.
(b) The victim of the offense was not one of the following:
(i) An individual under the age of eighteen.
(ii) A functionally impaired individual as defined in division (A) of section 2903.10 of the Revised Code.
(iii) A mentally retarded individual as defined in division (K) of section 5123.01 of the Revised Code.
(iv) A developmentally disabled individual as defined in division (O) of section 5123.01 of the Revised Code.
(v) An individual with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.
(vi) An individual sixty years of age or older.
(3) For either a misdemeanor or felony conviction the CDJFS shall determine that the applicant, provider, in-home aide or any adult residing in the type B home will not jeopardize the health, safety, or welfare of children cared for in a type B home or in the home of a child receiving in-home aide services. The following factors may be considered when determining whether the provider or adult residing in the provider's type B home will jeopardize the health, safety, or welfare of children receiving child care services:
(a) Individual's age at the time of the offense.
(b) Nature and seriousness of the offense.
(c) Circumstances under which the offense was committed.
(d) Degree to which the individual participated in the offense.
(e) The time elapsed since the individual was fully discharged from imprisonment and probation.
(f) Likelihood that the circumstances leading to the offense will recur.
(g) Whether the individual is a repeat offender. "Repeat offender" means an individual who has been convicted of or pleaded guilty to the commission of any of the offenses listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code two or more times in separate criminal actions. Convictions or guilty pleas resulting from or connected with the same act, or resulting from offenses committed at the same time, shall be counted as one conviction or guilty plea.
(h) The extent to which the position applied for provides an opportunity for the commission of an offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code.
(i) The individual's employment record.
(j) The individual's efforts at rehabilitation and the results of those efforts.
(k) Whether any criminal proceedings are pending.
(l) Any other factors the CDJFS considers relevant.
(N) It is the duty of the type B home applicant, provider, or in-home aide to provide written proof that the conditions specified in paragraph (M) of this rule are met. If the provider or applicant fails to provide such proof to the CDJFS or if the CDJFS determines that the proof offered by the provider or applicant is inconclusive, the certified provider shall be notified that his or her certification has been revoked, or the applicant shall be notified that his or her application for certification has been denied in accordance with paragraph (M) of this rule. Any doubt shall be resolved in favor of protecting children.
(O) The CDJFS may approve an individual as an emergency or substitute caregiver only when the CDJFS determines that the individual, who has been convicted of or pleaded guilty to an offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, meets all of the rehabilitation standards listed in paragraph (M) of this rule.
(P) This rule is applicable to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code because the information contained in those sealed records bears a direct and substantial relationship to the position for which the applicant is being considered.
(Q) A conviction of or a plea of guilty to an offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code shall not prevent the CDJFS from certifying an applicant if the applicant 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.
(R) Except as provided in paragraph (M) of this rule, when the CDJFS receives the results of the criminal records check and it is indicated that the emergency or substitute caregiver has been convicted of or pleaded guilty to the offenses or violations listed in section division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, the CDJFS shall send written notification to the applicant, provider, and emergency or substitute caregiver that he or she can no longer provide emergency or substitute care. If the type B home provider or in-home aide has no other emergency or substitute caregiver, as a result of this determination, the CDJFS shall request the provider submit additional names of individuals that could serve as emergency or substitute caregivers. Upon receipt of these names the CDJFS shall follow procedures outlined in this rule.
(S) The CDJFS may charge a fee for the costs incurred in obtaining a criminal records check. A fee charged by the CDJFS shall not exceed the fee paid by the CDJFS to BCII or to the agency submitting the criminal records check request to BCII.
(T) The report of any criminal records check conducted in accordance with section 109.572 of the Revised Code and pursuant to a request made by the CDJFS is not a public record. The report shall not be made available to any individual other than the person who is the subject of the criminal records check, his or her representative, the Ohio department of job and family services (ODJFS), and the CDJFS.
Effective: 08/14/2008
R.C.
119.032 review dates: 12/20/2007
and 03/31/2013
Promulgated Under:
119.03
Statutory
Authority:
5104.011,
5104.012,
5104.013
Rule
Amplifies:
5104.011,
5104.012,
5104.013
Prior
Effective Dates: 7/1/95, 10/1/97 (Emer.), 12/30/97, 4/1/03