5123:2-3-06 Licensed residential facilities - compliance reviews, issuance of licenses, and adverse actions.

 

TO BE RESCINDED

 

5123:2-3-06                 Background check on applicants for employment in residential facilities.

 

 

 

(A)     The administrator shall ensure completion of an initial background check of applicants for employment in residential facilities in order to determine the fitness of the applicant to provide services to the individuals served.

 

(B)     The background check shall consist of an employment application; a personal interview with the applicant; an attempt to obtain references from the applicant's former employer(s); and a criminal investigation report from law enforcement agencies where the applicant resides and/or formerly resided, or the bureau of criminal identification and investigation (BCI), or any other local or state agency.

 

(C)   Each applicant shall be informed from the outset that a criminal investigation report shall be required on each person who is under final consideration. The applicant shall be requested to sign authorization(s) for the release of information from his present and/or previous employer(s) and for criminal conviction records from law enforcement agencies.

 

(D)   All information obtained in the background checks shall be considered confidential. The department's licensing authority shall have access to these records.

 

(E)   The applicant shall complete an employment application designed by the employer. This application shall include the names and addresses of present and former employer(s) of the applicant and information pertaining to any felony convictions or pleas of guilty by the applicant. This information shall include a description of the conviction or guilty plea as well as when and in what jurisdiction the conviction or guilty plea was entered.

 

(F)   The administrator shall request a criminal investigation report from any state or local law enforcement agency in a format prescribed by the agency. The administrator may also require the applicant to obtain information from any other law enforcement agency if the information obtained is incomplete or it refers to information available only from another jurisdiction. Information shall not be requested on arrests in those cases where there was no conviction or guilty plea.

 

(G)   An applicant may be hired and may perform job responsibilities based upon a review

 

 

 

by the administrator of the information given by the applicant on his employment application and during the personal interview. Evidence must also be available that reference checks have been attempted and/or completed.

(H)       The results of the criminal investigation report shall be placed in the applicant's/employee's file. When a criminal investigation report indicates a conviction or guilty plea which has a bearing on initial or continued employment, the results of the report shall be reviewed with the applicant/employee. Should the report reveal that the person falsified or withheld criminal information from his initial application, employment may be terminated or consideration for employment withdrawn.

(I)   The applicant may not be hired, or employment may be terminated, if any part of the background check discloses information that he has been convicted of or pleaded guilty to the violation of any of the following:

(1)    Any felony contained in the Revised Code, if the felony bears a direct and substantial relationship to the position being filled;

(2)    Any crime contained in the Revised Code constituting a misdemeanor of the first degree on the first offense and a felony on subsequent offenses, if the crime bears a direct and substantial relationship to the position being filled; and

(3)   An existing or former law of this state, any other state, or the United States, if the law violated is substantially equivalent to any of the offenses described in paragraph (I)(1) or (I)(2) of this rule.

Replaces:                                 5123:2-3-06

Effective:                                9/22/2002

R.C. 119.032 review dates:    7/8/2002

CERTIFIED ELECTRONICALLY

Certification 09/12/2002 10:39 AM

Date

Promulgated Under:	119.03
Statutory Authority:	5123.19, 5123.04
Rule Amplifies:	5123.04, 5123.19

Prior Effective Dates: 10/31/77, 6/12/81, 10/24/87,

11/16/90, 12/9/91