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

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

(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3) National sex offender registry.

(4) State sex offender registry.

(5) Statewide automated child welfare information system (SACWIS) records.

(B) Who shall have a background 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) Employee of a family child care provider or applicant as defined in rule 5101:2-13-01 of the Administrative Code.

(4) Child care staff member of the family child care provider or applicant as defined in rule 5101:2-13-01 of the Administrative Code, including substitutes.

(C) When is a background check required?

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

(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.

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

(D) How is a background check obtained?

The individual shall:

(1) Complete and submit the JFS 01175 "Request for a Background Check for Child Care" (10/2017) to the Ohio department of job and family services (ODJFS) or the Ohio professional development registry (OPR) system generated equivalent.

(2) Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to ODJFS. Information on how to obtain a background check can be found athttp://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(3) Create a profile in the OPR.

(4) Any individual employed by a program, the family child care provider or resident of the home prior to the effective date of this rule shall submit to ODJFS the JFS 01175 and create a profile in the OPR by January 1, 2018.

(E) What if an individual previously resided in a state other than Ohio?

(1) ODJFS will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2) Any information received from other states will be reviewed and considered by ODJFS as part of the background check review pursuant to paragraph (F) of this rule.

(F) What makes an individual ineligible for employment or residence in a licensed family child care home?

(1) A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code. unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a) 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.

(b) 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.

(2) Being registered or required to be registered on the national or state sex offender registry or repository.

(3) The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date on the JFS 01175 or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the person.

(G) What happens after ODJFS completes the background check on an individual?

(1) The provider and county agency will receive the JFS 01176 "Program Notification of Background Check Review for Child Care" (10/2017) from ODJFS and shall keep it on file.

(a) For those individuals not eligible for employment the provider shall not hire the individual or shall terminate them from employment immediately upon receipt of the JFS 01176.

(b) For those individuals not eligible for residence in a licensed family child care home, the resident shall immediately cease living in the family child care home upon receipt of the JFS 01176.

(c) A child care staff member shall not be left alone with children until the JFS 01176 is on file at the home.

(2) The individual will receive the JFS 01177 "Individual Notification of Background Check Review for Child Care" (10/2017) from ODJFS.

(a) If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b) If the individual disagrees with the employment/residency eligibility decision made by ODJFS, a JFS 01178 "Request for Review of Background Check Decision for Child Care" (10/2017) shall be completed to request a review of the decision.

(H) What happens after an individual submits a JFS 01178 to ODJFS?

If an individual requests a review of a background check decision pursuant to paragraph (G)(2)(b) to this rule:

(1) The program shall not allow the individual to be on-site at the program or reside in the home during the review by ODJFS.

(2) If the individual is determined to be eligible for employment or residence, the program may allow the individual to be employed or reside in the home and shall keep the updated JFS 01176 on file pursuant to paragraph (G)(1) of this rule.

(I) What are the background check requirements when an individual changes employment or adds an additional employer?

(1) Only the JFS 01175 is required if the individual meets all of the following:

(a) The individual has a current background check determination by ODJFS completed in the previous five years pursuant to this rule.

(b) The individual has been employed by a child care center, type A home, type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide in the previous one hundred eighty consecutive days.

(2) Upon receipt of the updated JFS 01175, ODJFS will send the JFS 01177 based on the existing background check determination to the new employer.

Replaces: 5101:2-13-09

Click to view Appendix

Click to view Appendix

Cite as Ohio Admin. Code 5101:2-13-09

Effective: 10/29/2017
Five Year Review (FYR) Dates: 10/29/2022
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, 9/29/11, 1/1/14, 11/1/15, 12/31/16