5101:2-14-07 Licensed type B home requirements for criminal records checks.

 

 

 

5101:2-14-07               Licensed  type  B  home  requirements  for  criminal  records checks.

 

 

 

(A)  Who must have a criminal records check?

 

(1)  Licensed type B providers and applicants to be licensed type B home providers.

 

(2)   Adults (age eighteen and older) residing in the home of the type B provider or applicant.

 

(3)    Emergency caregivers and substitute caregivers (including assistants) of the type B provider or applicant.

 

(4)   Employees of the type B provider or applicant.

 

(5)   Assistants of the type B provider or applicant.

 

(B)  When are criminal records checks required?

 

(1)     At application (bureau of criminal identification and investigation criminal records check [BCII][BCI] and federal bureau of investigation [FBI] criminal records check).

 

(2)   Within ten business days after a resident of the home turns eighteen years old (BCIIBCI criminal records check and FBI criminal records check).

 

(3)   Within ten business days of an adult moving into the home (BCIIBCI criminal records check and FBI criminal records check).

 

(4)     Prior to approval as an emergency or substitute caregiver for the type B provider (BCIIBCI criminal records check and FBI criminal records check).

 

(5)   Prior to the first day of employment for the employee of the type B provider (BCIIBCI criminal records check and FBI criminal records check) even if the employee has previously worked for the type B provider.

 

(6)    Prior to approval as an assistant for the type B provider (BCIIBCI criminal records check and FBI criminal records check).

 

(7)     Every five years from the date of the criminal records checks (BCIIBCI criminal records check). FBI criminal records check may be completed every five years.

 

 

(C)  How is a criminal records check obtained?

(1)     The individual shall electronically submit the fingerprints according to the process of BCIIBCI and have the results provided to the county department of job and family services (CDJFS). Information on how to obtain a criminal records                          check     can       be                            found                  at http://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck http://www.ohioattorneygeneral.gov/Services/Business/WebCheck/Webcheck- Community-Listing.

(2)    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 BCIIBCI or to the agency submitting the criminal records check request to BCIIBCI.

(D)  What are prohibited offenses?

(1)    A type B home provider may be licensed or continue to be licensed if the CDJFS determines the applicant, provider, or adult living in the type B home, who has been convicted of or pleaded guilty to an offense listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, meets the rehabilitation standards detailed in "Appendix A" to this rule.

(2)    An individual desiring to be an assistant, employee, emergency caregiver or substitute caregiver, who has been convicted of or pleaded guilty to an offense listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, may be approved by the CDJFS if the CDJFS determines that he or she meets all of the rehabilitation standards detailed in "Appendix A" to this rule.

(3)     The provider or any resident of the home shall not have been indicted, be awaiting trial on charges, or pending outcome of a trial of any of the crimes listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code. The provider shall report this information, as well as any investigation being conducted by a public children services or law enforcement agency, immediately to the CDJFS.

(4)    An assistant, employee, emergency caregiver or substitute caregiver shall not have been indicted, be awaiting trial on charges, or pending outcome of a trial of any of the crimes listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code. The provider shall

report this information, as well as any investigation being conducted by a public children services or law enforcement agency, immediately to the CDJFS.

(5)    A conviction of or a plea of guilty to an offense listed in division (A)(4) or (A)(5) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code shall not prevent the CDJFS from licensing an applicant or from approving an assistant, employee, emergency caregiver or substitute caregiver 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.

(E)       What   are   the   requirements   for   completing   the   JFS   01329   "Statement   of Nonconviction for Type B Homes and In-Home Aides" (rev. 1/2014)(rev. 9/2015)?

(1)    Individuals listed in paragraph (A) of this rule shall complete and submit the JFS 01329 and submit at the following times:

(a)    At application.

(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 approval as an emergency or substitute caregiver for the type B provider.

(e)     Prior to the first day of employment for the employee of the type B provider.

(f)  Prior to approval as an assistant for the type B provider.

(g)   Annually from the date of the signature.

(2)    In accordance with section 5104.99 of the Revised Code, whoever falsifies information on the JFS 01329 in violation of division (A)(1)(M)(4) of section 5104.095104.013 of the Revised Code is guilty of a misdemeanor of the first degree.

(F)    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.

Effective:                                                             11/01/2015

Five Year Review (FYR) Dates:                         01/01/2019

CERTIFIED ELECTRONICALLY

Certification

10/20/2015

Date

Promulgated Under:                           119.03

Statutory Authority:                           5104.013, 5104.018

Rule Amplifies:                                  5104.013, 5104.018

Prior Effective Dates:                         7/1/95, 10/1/97 (Emer.), 12/30/97, 4/1/03, 8/14/08,

1/1/14.