5101:2-12-26 Statement of nonconviction and criminal records checks for licensed child care centers.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Job and Family Services

Agency Name

 

Division of Social Services                                  Mike Lynch

Division                                                                  Contact

 

30 E. Broad St., 31st Floor ODJFS, Office of Legal Services Columbus OH 43215-3414

466-4605               752-8298

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

5101:2-12-26

Rule Number

AMENDMENT

TYPE of rule filing

Rule Title/Tag Line              Statement of non-conviction and criminal records checks for

licensed child care center staff.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? Yes

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 5104.011, 5104.09

5.  Statute(s) the rule, as filed, amplifies or implements: 5104.011, 5104.012, 5104.013, 5104.09

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

Five year review.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This rule sets forth the requirements for obtaining statements of non-conviction and

background checks for the staff of child care centers. It is being amended to specify the process to be used, to allow for either the electronic or the paper process for background checks and to eliminate the restriction on the cost centers may assess employees.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This rule incorporates one or more dated references to an ODJFS form or forms. Each cited ODJFS form is dated and is generally available to persons affected by this rule via the "Info Center" link on the ODJFS web site (http://jfs.ohio.gov//) in accordance with ORC 121.75(E).

This rule incorporates one or more references to the Ohio Revised Code. This question is not applicable to any incorporation by reference to the ORC because such reference is exempt from compliance with ORC 121.71 to 121.74 pursuant to ORC 121.76(A)(1).

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

Not applicable.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

In the rule title, the word "checks" has been changed to "check."

In paragraph (B), language has been added to direct the administrator to use the procedure for electronic submission of fingerprints for the criminal records check.

In paragraph (C), the language from paragraph (D) has been added, and paragraph

(D) has been deleted.

In paragraph (D), language at the beginning of the sentence has been changed to be consistent with language in the previous paragraphs.

In paragraph (D)(1), language has been added for clarification. In paragraph (D)(2), language has been clarified.

In paragraph (D)(3), previous new language has been deleted because this issue is addressed in paragraphs (D)(1) and (D)(2).

In paragraph (F), language has been added to specify that the results of the criminal records check must be on file at the center within thirty days of the date of an employee's hire.

12. 119.032 Rule Review Date: 3/31/2006

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures. 0.00

Not applicable.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

Not applicable.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

No new costs.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No