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

 

 

 

5101:2-14-11               Offenses which disqualify persons from being prohibiting certification as a limited or professional certified child care type B home provider, or in-home aide, or as an emergency caregiver or substitute caregiver.

 

 

 

(A)    When the CDHS CDJFS certifies persons individuals as type B family child care home providers, type B family child care home limited providers, except for parent/provider inspected limited providers, or in-home aides or in-home aide limited providers on or after October 29, 1993, the CDHS CDJFS shall comply with paragraphs (B) to through (T) of this rule. PPI limited certified providers and all adults residing in their home shall only be required to complete the JFS 01301 "Child Care Convictions Statement", pursuant to paragraphs (B), (G)(1) and (I) of this rule, and are exempt from the criminal records check conducted by the bureau of criminal identification and investigation (BCII), except if the CDJFS has prior BCII criminal records check documentation from the provider's previous limited or professional certification that there are disqualifying offenses as listed in section 2151.86, 5104.013 or 5104.09 of the Revised Code.

 

(B)   The CDHS CDJFS shall not certify or continue to certify any person individual as a type B family child care home provider or in-home aide when the ODHS 1301, "Child Care Convictions Statement" or the criminal records check conducted by the bureau of criminal identification and investigation (BCII) indicates the applicant, provider, or any adult residing in the applicant's or provider's type B home has been convicted of or pleaded guilty to offenses listed in section 5104.013 or 5104.09 of the Revised Code. , or a child has been removed from his/her home pursuant to section 2151.353 of the Revised Code.

 

(C)   The CDHS CDJFS shall not approve or continue to approve a person an individual as an emergency caregiver or substitute caregiver for a certified type B family child care home provider or in-home aide on or after October 29, 1993, when the ODHS 1301, "Child Care Convictions Statement" or the BCII criminal records check indicates the person individual has been convicted of or pleaded guilty to the offenses listed in section 5104.013 or 5104.09 of the Revised Code., or a child has been removed from his/her home pursuant to section 2151.353 of the Revised Code.

 

(D)   Prior to the issuance of a type B family child care home or in-home aide certificate, a type B provisional limited certificate, an in-home aide certificate or an in-home aide provisional limited certificate, the CDHS CDJFS shall request BCII conduct a criminal records check on:

 

(1)    Individuals who submit an application for type B family child care home or in-home aide certification, type B familychild care home limited certification, in-home aide certification or in-home aide limited certification;

 

 

 

(2)   Adults residing in the home of individuals who submit an application for type B family child care home certification or type B family child care home limited certification; and

(3)   Individuals who will serve as emergency caregivers or substitute caregivers for persons individuals applying for certification as type B family child care home providers or in-home aides.

(E)   When the CDHS CDJFS receives notification from a certified type B family day care home provider or certified type B family day care home limited provider or learns from another source that there are additional adults residing in the type B home, or the provider will be using a new substitute caregiver or emergency caregiver, not on file with the CDHS CDJFS, a request for a criminal records check shall be made to BCII.

(F)     The CDHS CDJFS shall inform all individuals who request an application for certification as a type B family child care home, type B limited family child care

home,  provider  or  in-home  aide precondition to certification:

or  in-home  aide  limited  provider  that  as  a

(1)   The provider applicant and all adult residents of the type B home shall complete the ODHS 1301, JFS 01301 "Child Care Convictions Statement," the BCII prescribed criminal records check form and provide a set of fingerprint impressions on the standard impression sheet;

(2)     The provider applicant will need to provide the CDHS CDJFS with proof (including, but not limited to, tax records, school attendance records, bank records, rent or mortgage payment receipts) that he/she 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 criminal records check is requested; and

(3)    The provider applicant will need to provide the CDHS CDJFS with a list of persons individuals who shall serve as emergency caregivers and substitute caregivers and complete the ODHS 1923, JFS 01923"Emergency/Substitute Caregiver Statement" for each emergency caregiver and substitute caregiver. These individuals shall be responsible for completing the ODHS 1301, JFS 01301 "Child Care Convictions Statement," the BCII prescribed criminal records check form and provide a set of fingerprint impressions on the standard impression sheet. All emergency caregivers and substitute caregivers shall provide the CDHS 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 criminal records check is requested.

(G)   The CDHS CDJFS shall provide the following individuals described in paragraph (D) of this rule with a copy of the BCII prescribed criminal records check form and a BCII standard impression sheet to obtain fingerprint impressions: .

(1) Individuals who submit an application for type B family child care home certification, type B family child care home limited certification, in-home aide certification or in-home aide limited certification;

(2) Adults residing in the home of individuals who submit an application for type B family child care home certification or type B family child care home limited certification; and

(3) Individuals who will serve as prospective emergency caregivers or substitute caregivers for persons applying for certification as type B family child care home providers or in-home aides.

(H)    The applicant, adults residing in the type B home of the applicant, the prospective emergency caregiver and the substitute caregiver shall return the ODHS 1301, JFS 01301 "Child Care Convictions Statement," BCII prescribed criminal records check form and the set of fingerprint impressions on the standard impression sheet to the CDHS CDJFS. Any fees charged to the applicant, adults residing in the type B home of the applicant, prospective emergency caregiver or substitute caregiver these individuals shall be collected at this time. When an applicant or any adult residing in the type B home of the applicant fails to return the ODHS 1301, JFS 01301 "Child Care Convictions Statement," BCII prescribed criminal records check form and the set of fingerprint impressions on the standard impression sheet to the CDHS. CDJFS, The the application for certification as a type B family child care home provider, type B family child care limited provider, in-home aide or in-home aide limited provider shall be denied acc ording to procedures outlined in rule 5101:2-14-06 or 5101:2-14-59 5101:2-14-60 of the Administrative Code. When an emergency or substitute caregiver fails to return the ODHS 1301, JFS 01301 "Child Care Convictions Statement," the BCII prescribed criminal records check form and provide a set of fingerprint impressions on the standard impression sheet to the CDHS CDJFS, the CDHS CDJFS shall notify the applicant and request he/she provide the agency CDJFS with another name of a person an individual who will serve as his/her emergency caregiver or substitute caregiver.

(I)    When the CDHS CDJFS receives the BCII prescribed criminal records check form and the set of fingerprint impressions on the standard impression sheet, the agency CDJFS shall forward the materials, along with the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code, to the superintendent of BCII.

(J)    The CDHS 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 that he/she has been a resident of Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested; or

(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 CDHS 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 CDHS CDJFS may certify an applicant conditionally as a type B family child care home provider, type B family child care home provisional limited provider, in-home aide or in-home aide provisional limited provider when:

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

(3)   The applicant and adults residing in the applicant's type B home have submitted the BCII prescribed criminal records check form, 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.

(L)      The CDHS CDJFS may approve a person an individual conditionally as an emergency caregiver or substitute caregiver when he/she has submitted the BCII prescribed criminal records check form, 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)    Except as provided in paragraph (N) of this rule, when the CDHS 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 or violations listed in section 2151.86,

5104.013 or 5104.09 of the Revised Code the CDHS CDJFS shall do one of the

following:

(1)    Deny the application for certification according to procedures outlined in rule 5101:2-14-06 or 5101:2-14-59 5101:2-14-60 of the Administrative Code.

(2)    Immediately revoke the type B family child care home certificate, the type B provisional limited certificate, the type B limited certificate the in-home aide certificate, the in-home aide provisional limited certificate or the in-home aide limited certificate according to procedures contained in rule 5101:2-14-06, 5101:2-14-59 or 5101:2-14-60 of the Administrative Code.

(N)   An individual who submits an application for certification as a type B family child care home provider, a type B family child care home limited provider, in-home aide, or in-home aide, limited provider or approval as an emergency caregiver or a substitute caregiver in a type B family child care home or for an in-home aide who and 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 CDHS CDJFS only if all of the following conditions are met:

(1)   The offense was a misdemeanor.

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

(a)   A person An individual under the age of eighteen.

(b)    A functionally impaired person individual as defined in division (A) of section 2903.10 of the Revised Code.

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

5123.01 of the Revised Code.

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

(e)   A person An individual with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.

(f)  A person 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 at least five years have elapsed

since the provider or adult residing in the provider's type B home individual was fully discharged from imprisonment, probation, and parole, or the provider or adult residing in the provider's type B home has had the record of his conviction sealed pursuant to section 2953.32 of the Revised Code.

(4)   The provider or any adult residing in the type B home will not jeopardize in any way the health, safety, or welfare of children cared for in a type B family child care home, a type B family child care limited 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)   Person's 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 person individual participated in the offense.

(e)    The time elapsed since the person individual was fully discharged from imprisonment, probation, and parole.

(f)  Likelihood that the circumstances leading to the offense will recur.

(g)    Whether the person individual is a repeat offender. "Repeat offender" means a person 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 person's individual's employment record.

(j)    The person's individual's efforts at rehabilitation and the results of those

efforts.

(k)   Whether any criminal proceedings are pending.

(l)   Any other factors the CDHS CDJFS considers relevant.

(O)    It is the duty of the applicant for certification as a type B family child care home provider, type B family child care home limited provider, in-home aide or in-home aide limited provider to provide written proof that the conditions specified in paragraph (N) of this rule are met. If the applicant fails to provide such proof to the CDHS CDJFS or if the CDHS CDJFS determines that the proof offered by the applicant is inconclusive, the applicant shall be notified according to procedures contained in rule 5101:2-14-06, 5101:2-14-59 or 5101:2-14-60 of the Administrative Code that his/her application for certification has been denied. Any doubt shall be resolved in favor of protecting children.

(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 CDHS 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 (N), when the CDHS CDJFS receives the results of the criminal records check and it is indicated that the emergency caregiver 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 agency CDJFS shall send written notification to the applicant, provider, and emergency caregiver or substitute caregiver that he/she can no longer provide emergency or substitute care. If the type B family child care home provider or in-home aide has no other emergency or substitute caregiver, as a result of this determination, the CDHS CDJFS shall request the provider submit additional names of persons individuals that could serve as emergency or substitute caregivers. Upon receipt of these names the CDHS CDJFS shall follow procedures outlined in this rule.

(S)   The CDHS CDJFS may charge a fee for the costs incurred in obtaining a criminal

records check. A fee charged by the CDHS CDJFS shall not exceed the fee paid by the CDHS 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 CDHS CDJFS is not a public record. The report shall not be made available to any person individual other than the person who is the subject of the criminal records check, or his/her representative, ODHS the ODJFS, and the CDHS CDJFS.

Effective:                                04/01/2003

R.C. 119.032 review dates:    12/20/2002 and 04/01/2008

CERTIFIED ELECTRONICALLY

Certification

03/18/2003

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