5101:2-13-26 Statement of nonconviction and criminal records check for licensed type A homes.

 

 

 

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

5101:2-13-26

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Statement  of  nonconviction  and  criminal  records  check  for

licensed type A homes.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? Yes

Bill Number: SB163               General Assembly: 127           Sponsor: Niehaus

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

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

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

This new rule is being proposed to implement sections 109.572 and 5104. of Sub. SB 163 of the 127th General Assembly. It replaces a rescinded rule of the same title and number.

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 contains the requirments for criminal records checks and signed statements of nonconviction for employees, owners and administrators of licensed type A homes.

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

This rule incorporates one or more references to another rule or rules of the Ohio Administrative Code. This question is not applicable to any incorporation by reference to another OAC rule because such reference is exempt from compliance with RC 121.71 to 121.74 pursuant to RC 121.76(A)(3).

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 RC 121.75(E).

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:

Paragraph (A) is being revised to remove the definitions and incorporate the language in the new (A) to explain who this rule applied to.

In paragraph(C)(1)(b) and (2)(a) revised to read by the date of hire.

Revised paragraph (D) to change person's to his or her, and add owner, administrator or employee.

Paragraph (E) is new language. The old paragraph (E) has become paragraph (F). New (F)(1) added website and removed fingerprint card language. (F)(7) removed reference to fingerprint cards.

(G) added word "initial" before provisional and the word "approve" before the results.

(G)(1) Removed "fingerprint cards and all required information" language, added reference to the form in the first sentence, change form revision date and the title of the form, and added the word "repeated" to the last sentence.

(G)(3) changed end of sentence to read "ODJFS determines that the person meets the standards for rehabilitation in this rule".

Added paragraph (G)(4)

Paragraph (H) changed to read "prior to the first day of employment and every four years thereafter", removed reference to license renewal.

(H)(1)Removed fingerprint language in last sentence and replaced it "The results shall be on file within thirty calendar days from the date of hire and returned directly to the administrator or type A home".

Removed (H)(3) old (G)(3).

(H)(3)added that the criminal records be completed on or after August 14, 2004 and on file.

(H)(4)added that the criminal records be completed on or after August 14, 2004 and on file.

(H)(5) reworded sentence for clarification. Removed old paragraph (H).

Revised paragraph (I) and added that criminal records for all employees be completed on or after August 14, 2004.

(I)(1) added date of February 14, 2009 by which criminal records checks must be completed.

(I)(2) added to require the criminal records be repeated every four years for each employee.

(I)(3) added that administrators may include the FBI check as part of the BCII every four years.

Added paragraph (J)

(K) Reworded for clarification.

(K)(1) combined (K)(1) through (K)(4) Removed language regarding the requirement of sealing the record, added where the offense was a misdemeanor that three years has elapsed or the record had been sealed, added felony language.

new (K) (2) was old (K)(5)

(K)(3) is old (K)(6) and added changed "may" to "shall" (K)(3)(g) added

12.  119.032 Rule Review Date:

(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

This proposed new rule will not change the agency's projected budget during the current biennium.

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure

necessitated by the proposed rule:

This is 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:

There will be associated costs for compliance with this rule for licensed type A homes to obtain a federal bureau of investigation criminal records check upon employment and/or licensure and repeated every four years.

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