5101:2-14-11 Indoor and outdoor space requirements for a licensed type B home provider.

 

 

 

5101:2-14-11               Offenses prohibiting Requirements for criminal records checks for certification as a type B professional or limited home provider or in-home aide, or as an emergency or substitute caregiver.

 

 

 

(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 section 5104.013 or 5104.09 of the Revised Code, or had a child removed from his/her 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 on or after October 29, 1993, when the individual has been convicted of or pleaded guilty to the offenses listed in section 5104.12 5104.09 of the Revised Code, or had a child removed from his/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, and every four years thereafter, the CDJFS shall request the bureau of criminal identification and investigation (BCII) to conduct a 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)    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, or the provider will be using a new substitute or emergency caregiver not on file with the CDJFS, the CDJFS shall a request the current results of for a criminal records check shall be made to BCII for the individuals not having a current criminal records check on file.

 

(F) 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 on file with the CDJFS, the CDJFS shall make a request for a criminal records check for the individuals not having a current criminal records check on file.

(F)(G) 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 must shall be met:

(1)   The applicant and all adult residents of the type B home shall complete the JFS 01328 "Statement of Nonconviction For Child Care Centers, Type A Homes, and Type B Homes" (rev. 1/2007) and provide a set of fingerprint impressions on the standard impression sheet or electronically submit their fingerprints according to the process of BCII.

(2) All individuals eighteen years of age or older residing in the type B home shall complete the JFS 01329 "Statement of Nonconviction for Employees of Child Care Centers and Type A Homes, and Emergency and Substitute Caregivers of Type B Homes" (rev. 1/2007) and shall complete a criminal records check.

(2)(3) The applicant will provide the CDJFS with documentation that the applicant and all adults residing in the type B home have been residents of the state of Ohio for the five year period immediately prior to the date upon which the initial criminal records check is requested. This documentation may include tax records, school attendance records, bank records and rent or mortgage payment receipts.

(3)(4) 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. 3/2003 3/2008) for each emergency and substitute caregiver. These individuals shall be responsible for completing the JFS 01329 "Statement of Nonconviction for Employees of Child Care Centers and Type A Homes, and Emergency and Substitute Caregivers of Type B Homes" (1/2007) and shall complete a criminal background check. All emergency and substitute caregivers shall provide the CDJFS with proof that they have been residents of the state of Ohio for the five year period immediately prior to the date upon which the initial criminal records check is requested.

(G)(H) The CDJFS shall provide the individuals described in paragraph (D) of this rule with a copy of the BCII standard impression sheet to obtain fingerprint impressions or electronically submit the fingerprints according to the process of BCII.

(H)(I) The applicant and adults residing in the type B home of the applicant shall return the JFS 01328 and the set of fingerprint impressions on the standard impression

sheet or electronically submit the fingerprints according to the process of BCII to the CDJFS. All adults residing in the type B home of the applicant and the The prospective emergency and substitute caregiver shall return the JFS 01329 and the set of fingerprint impressions on the standard impression sheet or electronically submit the fingerprints according to the process of BCII to the CDJFS. Any fees charged to these individuals shall be collected at this time. When an applicant or any adult residing in the type B home fails to return the completed JFS 01328, any adult residing in the type B home fails to return the JFS 01329 and or the information needed to complete a criminal records check is not submitted to the CDJFS the set of fingerprint impressions on the standard impression sheet or electronically submit the fingerprints according to the process of BCII to 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.

(I)(J) When the CDJFS receives the set of fingerprint impressions on the standard impression sheet, the CDJFS shall forward the materials, along with the appropriate fee to the superintendent of BCII.

(J)(K) The CDJFS shall request BCII obtain information from the federal bureau of investigation (FBI) as a part of the criminal records check for an individual who:

(1)   Does not present proof of Ohio residency for the five-year period immediately prior to the date upon which the criminal records check is requested.

The CDJFS may request that BCII obtain information from the FBI even if the individual has presented proof that he or she has been a resident of this state for a five year period.

(2) Does not provide evidence that within that five-year period BCII has requested information about him/her from the FBI in a criminal records check.

The CDJFS may request BCII obtain information from the FBI even if the individual has presented proof that he/she has been a resident of this state for a five year period.

(K) The CDJFS may certify an applicant conditionally as a type B home provider or in-home aide when all of the following are met:

(1) The applicant has met the requirements contained in rule 5101:2-14-10 or 5101:2-14-55 of the Administrative Code.

(2) The type B home or home of a child receiving in-home aide services passes the home inspection, if applicable.

(3) The applicant and adults residing in the applicant's type B home have provided a set of fingerprint impressions on the standard impression sheet or electronically submitted the fingerprints according to the process of BCII and paid the fee for conducting the criminal records check pursuant to the requirements contained in paragraph (H) of this rule.

(L) The CDJFS may approve an individual conditionally as an emergency or substitute caregiver when he/she has provided a set of fingerprint impressions on the standard impression sheet and paid the fee for conducting the criminal records check pursuant to the requirements contained in paragraph (H) of this rule.

(M)(L) Except as provided in paragraph (NM) 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 section 2151.86, 5104.013 or

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.

(N)(M) An individual who submits an application for certification as a type B home provider or in-home aide, or approval as an emergency or substitute caregiver and 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 section 2151.86, 5104.013 or 5104.09 of the Revised Code, may be certified by the CDJFS only if all of the following conditions are met meets all of the following rehabilitation standards:

(1)   The Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, and one of the following has occurred:.

(a) 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 conviction was sealed by a court pursuant to section 2953.32 of the Revised Code.

(2) Where the offense was a felony, 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.

(2)(3) The victim of the offense was not one of the following:

(a)   An individual under the age of eighteen.

(b)    A functionally impaired individual as defined in division (A) of section

2903.10 of the Revised Code.

(c)     A  mentally  retarded  individual  as  defined  in  division  (K)  of  section

5123.01 of the Revised Code.

(d)    A  developmentally  disabled  individual  as  defined  in  division  (O)  of section 5123.01 of the Revised Code.

(e)   An individual with a mental illness as defined in division (A) of section

5122.01 of the Revised Code.

(f)  An individual sixty years of age or older.

(3) The provider or adult living in the home had his/her conviction sealed pursuant to section 2953.32 of the Revised Code, or at least five years have elapsed since the individual was fully discharged from imprisonment, probation, and parole.

(4)   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, and parole.

(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 section 5104.013 or 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 section 5104.013 or 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.

(O)(N) It is the duty of the applicant for certification as a type B home applicant, provider, or in-home aide to provide written proof that the conditions specified in paragraph (NM) 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/her his or her application for certification has been denied in accordance with paragraph (L) 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 section 2151.86, 5104.013 or 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 section 2151.86, 5104.013 or 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 (MN) 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 2151.86, 5104.013 or 5104.09 of the Revised Code, the CDJFS shall send written notification to the applicant, provider, and emergency or substitute caregiver that he/she 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.

(T)     The report of any criminal records check conducted by BCII 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/her his or her representative, the Ohio department of job and family services (ODJFS), and the CDJFS.

Effective:                                                     05/01/2008

R.C. 119.032 review dates:                         12/20/2007 and 03/31/2013

CERTIFIED ELECTRONICALLY

Certification

03/11/2008

Date

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