5101:2-12-09 Criminal records check requirements for a licensed child care center.

(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) An owner, owner's representative, and administrator of a licensed child care center.

(2) An employee of a licensed child care center as defined in rule 5101:2-12-01 of the Administrative Code.

(3) Child care staff members in a licensed child care center as defined in rule 5101:2-12-01 of the Administrative Code.

(C) When are criminal records checks required?

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

(2) Prior to the first day of employment for employees and child care staff members even if the employee has previously worked for the center. Results shall be reviewed by the administrator prior to the employee or child care staff member being left alone with children.

(3) 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 established by BCI. Information on how to obtain a criminal records check can be found athttp://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(a) An owner or administrator shall have the criminal records check results sent to the Ohio department of job and family services (ODJFS).

(b) Child care staff members and other employees of the licensed child care center shall have the criminal records check results sent to the owner or administrator of the licensed child care center.

(2) Each licensed child care center shall pay to BCI the prescribed fee for each requested criminal records check. If the center chooses to charge an employee, the center shall notify the employee in writing of the amount of the fee, and the procedure for reimbursement of the fee to the center.

(3) Criminal records check results are not public record 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 licensed child care center or the ODJFS.

(4) The criminal records check results shall be on file within thirty calendar days from the date of hire and returned directly to the administrator or child care center. If the results are not on file within thirty days, the administrator shall follow up with BCI and document the status of the results.

(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 prohibitive offense?

(1) The JFS 01206 "Rehabilitation Criteria" (rev. 12/2016) shall be completed for any person in paragraph (B) of this rule who has been convicted of a prohibited offense, if applicable. A copy of the complete disposition report shall be attached to the JFS 01206 for each prohibited conviction.

(2) An owner or administrator who has been convicted of or pleaded guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code and meets the rehabilitation standards detailed in appendix A to this rule may apply for a child care center license or continue to be licensed.

(3) An individual desiring to be a child care staff member or an employee of a licensed child care center, 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 employed if he or she meets all of the rehabilitation standards detailed in appendix A to this rule.

(4) If the owner or administrator has been convicted of a prohibited offense, and it is determined by ODJFS that the criteria to be eligible for rehabilitation have been met, ODJFS shall review the completed JFS 01206 and a copy of the complete disposition report and approve or disapprove the individual.

(5) If the employee or child care staff member has been convicted of a prohibited offense, and it is determined by the owner, owner's representative or administrator that the criteria to be eligible for rehabilitation have been met, the owner or administrator shall review the completed JFS 01206 and a copy of the complete disposition report and approve or disapprove the individual.

(6) 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.

(7) If a child care staff member or employee was employed prior to the effective date of this rule and previously met the rehabilitation standards:

(a) The owner or administrator shall re-review the criminal records checks to determine if the individual meets the updated rehabilitation standards detailed in appendix A to this rule and complete the JFS 01206 by April 1, 2017.

(b) If the individual does not meet the updated rehabilitation standards, the administrator shall terminate the individual's employment immediately.

(8) If an owner or administrator was approved by ODJFS prior to the effective date of this rule and previously met the rehabilitation standards:

(a) The owner or administrator shall complete a new JFS 01206 and submit to the ODJFS for review by April 1, 2017.

(b) If the administrator does not meet the updated rehabilitation standards, the owner shall terminate the administrator's employment immediately.

(c) If the owner does not meet the updated rehabilitation standards, the ODJFS shall propose revocation pursuant to rule 5101:2-12-05 of the Administrative Code.

(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 at the following times:

(a) At application for a child care center licensure.

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

(c) Annually from the date of 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 misdemeanor of the first degree.

(3) If an administrator, employee or child care staff member of the center 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 adminstrator, 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: 5101:2-12-26

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
Prior Effective Dates: 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92, 7/1/03, 9/1/05, 1/1/07, 9/1/08, 7/1/10, 9/29/11, 11/01/15