5101:2-5-09.1 Criminal
records check required for certain prospective employees and certified foster
caregivers.
Effective Date: January 1, 2003.
Most current prior effective date: September
18, 1996.
(A) THE APPOINTING OR HIRING OFFICER OR
ADMINISTRATIVE DIRECTOR OF An AN
agency shall request the bureau of criminal identification and investigation (BCII)
to conduct a criminal records
check with respect to: ANY
PERSON SUBJECT TO A CRIMINAL RECORDS CHECK AND ANY PERSON PROVIDING RESPITE CARE
FOR A SPECIALIZED FOSTER CARE PROGRAM THAT IS NOT A CERTIFIED FOSTER CAREGIVER.
(1)
Any prospective employee who has applied
to the agency for appointment or employment.
(2)
Any person seeking certification as a
foster caregiver and, at the agency's discretion, any adult member of the
person's household.
(B) The APPOINTING OR HIRING OFFICER OR
ADMINISTRATIVE DIRECTOR OF THE agency shall inform each prospective employee at
the time of initial application, that as a precondition to being approved for
that position:
(1) The person is required to complete the
BCII prescribed criminal records check form and provide a set of fingerprint
impressions; and
(2) A criminal records check is required to be
conducted by BCII and, except as provided in paragraph (N) of rule 5101:2-5-09
of the Administrative Code, satisfactorily completed if the prospective
employee comes under final consideration for appointment or employment.
(C) The APPOINTING OR HIRING OFFICER OR
ADMINISTRATIVE DIRECTOR OF THE agency shall inform each person seeking
certification as a foster caregiver, at the time of initial application, that as
a precondition to being approved as a foster caregiver:
(1) The person is required to complete the
BCII prescribed criminal records check form and provide a set of fingerprint
impressions; and
(2) A criminal records check shall be
conducted by BCII and satisfactorily completed for any person seeking
certification as a foster caregiver and may be
conducted for adult members of the household.
(D)(1) The APPOINTING OR HIRING
OFFICER OR ADMINISTRATIVE DIRECTOR OF THE agency shall provide each person
listed in paragraph (A) of this rule with a copy of the BCII prescribed criminal
records check form and a BCII standard impression sheet to obtain fingerprint
impressions.
(2) BEFORE A RECOMMENDING AGENCY MAY
SUBMIT A RECOMMENDATION TO THE OHIO DEPARTMENT OF JOB AND FAMILY
SERVICES (ODJFS) ON WHETHER THE DEPARTMENT SHOULD ISSUE A CERTIFICATE
TO OPERATE A FOSTER HOME, THE ADMINISTRATIVE DIRECTOR OF THE AGENCY SHALL
REQUEST THAT THE SUPERINTENDENT OF BCII CONDUCT A CRIMINAL RECORDS
CHECK WITH RESPECT TO THE PROSPECTIVE FOSTER CAREGIVER AND ALL OTHER PERSONS
EIGHTEEN YEARS OF AGE OR OLDER WHO RESIDE WITH THE FOSTER CAREGIVER.
(E) Any person listed
in paragraph (A) of this rule SUBJECT TO A CRIMINAL RECORDS
CHECK who receives a copy of the BCII prescribed criminal records check form and
a BCII standard impression sheet and who is requested by the agency to complete
the form and provide a set of fingerprints impressions shall:
(1) Complete the form or provide all the
information necessary to complete the form;
(2) Provide the impression sheet with the
impressions of the person's fingerprints; and
(3) Submit the completed form and the
impression sheet to the agency.
(F) If a person seeking certification as a
foster caregiver fails to provide the information necessary to complete the form
or fails to provide fingerprint impressions or,
if requested, those of FAILS TO PROVIDE FINGERPRINT IMPRESSIONS
FOR any adult household members, that person shall be denied certification as a
foster caregiver pursuant to rule 5101:2-5-22
5101:2-5-26 of the Administrative Code.
(G) If a prospective employee seeking
appointment or employment by an agency fails to provide the information
necessary to complete the form or fails to provide fingerprint impressions, the
prospective employee shall not be employed by the agency.
(H) The agency shall obtain the completed form
and fingerprint impression sheet from each person listed
in paragraph (A) of this rule SUBJECT TO A CRIMINAL RECORDS
CHECK and forward the form and fingerprint impression sheet to BCII at the time
the agency requests a criminal records check.
(I) The agency shall request that BCII obtain
information from the Federal Bureau of Investigation (FBI) as a part of the
criminal records check for the A
person SUBJECT TO A CRIMINAL RECORDS CHECK if:
(1) The person does not present proof of
residency in Ohio for the five-year period immediately prior to the date upon
which the criminal records check is requested; or
(2) The person does not provide evidence that
within that five-year period, BCII has requested information about the person
from the FBI in a criminal records check.
(J) The agency may request that BCII include
information from the FBI in the criminal records check if the person presents
proof of residency in Ohio for that five-year period.
(K) The agency shall pay to BCII the fee
prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code
for each criminal records check conducted.
(L) The agency may charge a prospective
employee or person seeking
certification as a foster caregiver SUBJECT TO A CRIMINAL
RECORDS CHECK a fee for the costs incurred in obtaining a criminal records
check. A PURSUANT TO PARAGRAPH (D)
OF SECTION 2151.86 OF THE REVISED CODE, A fee charged by
the agency shall not exceed the fee paid by the agency to BCII. If a fee is
charged, the agency shall notify the person at the time of initial application
of the amount of the fee and that, unless the fee is paid, the person will not
be considered for employment or certification as a foster caregiver.
(M) 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 agency is not a public record. The report
shall be made available only to the following persons:
(1) The person who is the subject of the
criminal records check or the person's representative.
(2) The agency requesting the criminal records
check or its representative.
(3) Any court, hearing officer, or other
necessary individual involved in a case dealing with the denial of employment,
approval or certification to the person.
(4) ODHS
ODJFS employees as required for certification or monitoring purposes.
(N) Reports from BCII or any other local,
state, or federal agency regarding a person's criminal record are valid for a
period of one year from the date of the report.
(O) When a person who is certified as a foster
caregiver is convicted of any offense listed in paragraph (I)
(J) of rule 5101:2-7-02 of the Administrative Code, the recommending
agency shall evaluate whether the family
foster home should continue to be recommended for certification or be
recommended for denial or revocation of certification. The evaluation shall
begin within five days of the agency's knowledge of the person's conviction, be
completed within thirty days, and be documented in the family
foster home's record. At a minimum, the provisions of paragraph (P) of THIS rule
5101:2-7-02 of the Administrative Code
shall be considered in the evaluation. This requirement may
SHALL also be applicable for any adult household member of a family
foster home upon conviction of any offense listed in paragraph (J) of rule
5101:2-7-02 of the Administrative Code.
(P) THE EVALUATION REQUIRED BY PARAGRAPH
(O) OF THIS RULE SHALL INCLUDE, BUT NOT BE LIMITED TO:
(1) WHETHER THERE ARE CHILDREN
CURRENTLY PLACED IN THE FOSTER HOME AND THE IMPACT OF DISRUPTION ON THE
CHILDREN IF MOVED.
(2) WHETHER REHABILITATION OF THE
INDIVIDUAL HAD TO BE CONSIDERED FOR INITIAL CERTIFICATION.
(3) THE LENGTH OF TIME OF CERTIFICATION
PRIOR TO THIS CONVICTION.
(4) THE FACTORS OUTLINED IN PARAGRAPHS (I)(3)
AND (I)(4) OF RULE 5101:2-7-02 OF THE ADMINISTRATIVE CODE.
Effective Date: 1/1/03
Review Date:
Certification: Thomas J. Hayes
Date 10/31/02Promulgated Under: Revised Code Chapter 119.
Statutory Authority: Revised Code Sections 2151.86.
Rule Amplifies: Revised Code Section 109.572, 2151.86, 5153.11, 5153.111.
Prior Effective Date: 9/18/96.
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