As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                             H. B. No. 538       5            

      1999-2000                                                    6            


                 REPRESENTATIVES CALVERT-CLANCY                    8            


_________________________________________________________________   9            

                          A   B I L L                                           

             To amend sections 109.57, 109.572, 5123.02, 5123.18,  11           

                5123.183, 5126.081, 5126.082, 5126.28, and         12           

                5126.281; to amend, for the purpose of adopting    13           

                new section numbers as indicated in parentheses,   14           

                sections 5123.05 (5123.06) and 5123.183                         

                (5123.051); to enact new sections 5123.05,         15           

                5123.081, and 5126.252; and to repeal sections     16           

                5123.081 and 5126.252 of the Revised Code to                    

                revise the law governing the Department of Mental  17           

                Retardation and Developmental Disabilities and     18           

                county boards of mental retardation and            19           

                developmental disabilities.                                     




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That sections 109.57, 109.572, 5123.02,          23           

5123.18, 5123.183, 5126.081, 5126.082, 5126.28, and 5126.281 be    24           

amended; sections 5123.05 (5123.06) and 5123.183 (5123.051) be     25           

amended for the purpose of adopting new section numbers as         26           

indicated in parentheses; and new sections 5123.05, 5123.081, and  27           

5126.252 of the Revised Code be enacted to read as follows:        28           

      Sec. 109.57.  (A)(1)  The superintendent of the bureau of    39           

criminal identification and investigation shall procure from       40           

wherever procurable and file for record photographs, pictures,     42           

descriptions, fingerprints, measurements, and other information    43           

that may be pertinent of all persons who have been convicted of    44           

committing within this state a felony, any crime constituting a    46           

misdemeanor on the first offense and a felony on subsequent                     

                                                          2      


                                                                 
offenses, or any misdemeanor described in division (A)(1)(a) of    48           

section 109.572 of the Revised Code, of all children under         49           

eighteen years of age who have been adjudicated delinquent         50           

children for committing within this state an act that would be a   51           

felony or an offense of violence if committed by an adult or who   52           

have been convicted of or pleaded guilty to committing within      54           

this state a felony or an offense of violence, and of all          55           

well-known and habitual criminals.  The person in charge of any    57           

county, multicounty, municipal, municipal-county, or               58           

multicounty-municipal jail or workhouse, community-based           59           

correctional facility, halfway house, alternative residential      60           

facility, or state correctional institution and the person in      61           

charge of any state institution having custody of a person         62           

suspected of having committed a felony, any crime constituting a   64           

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    66           

section 109.572 of the Revised Code or having custody of a child                

under eighteen years of age with respect to whom there is          67           

probable cause to believe that the child may have committed an     69           

act that would be a felony or an offense of violence if committed  71           

by an adult shall furnish such material to the superintendent of   73           

the bureau.  Fingerprints, photographs, or other descriptive       75           

information of a child who is under eighteen years of age, has     76           

not been arrested or otherwise taken into custody for committing                

an act that would be a felony or an offense of violence if         78           

committed by an adult, has not been adjudicated a delinquent       79           

child for committing an act that would be a felony or an offense   80           

of violence if committed by an adult, has not been convicted of    81           

or pleaded guilty to committing a felony or an offense of          84           

violence, and is not a child with respect to whom there is                      

probable cause to believe that the child may have committed an     86           

act that would be a felony or an offense of violence if committed  88           

by an adult shall not be procured by the superintendent or         89           

furnished by any person in charge of any county, multicounty,      91           

                                                          3      


                                                                 
municipal, municipal-county, or multicounty-municipal jail or      92           

workhouse, community-based correctional facility, halfway house,   93           

alternative residential facility, or state correctional            94           

institution, except as authorized in section 2151.313 of the       95           

Revised Code.                                                                   

      (2)  Every clerk of a court of record in this state, other   98           

than the supreme court or a court of appeals, shall send to the    99           

superintendent of the bureau a weekly report containing a summary  101          

of each case involving a felony, involving any crime constituting  102          

a misdemeanor on the first offense and a felony on subsequent      104          

offenses, involving a misdemeanor described in division (A)(1)(a)  105          

of section 109.572 of the Revised Code, or involving an            106          

adjudication in a case in which a child under eighteen years of    107          

age was alleged to be a delinquent child for committing an act     109          

that would be a felony or an offense of violence if committed by   110          

an adult.  The clerk of the court of common pleas shall include    112          

in the report and summary the clerk sends under this division all  113          

information described in divisions (A)(2)(a) to (f) of this        114          

section regarding a case before the court of appeals that is       115          

served by that clerk.  The summary shall be written on the         116          

standard forms furnished by the superintendent pursuant to         118          

division (B) of this section and shall include the following       119          

information:                                                                    

      (a)  The incident tracking number contained on the standard  121          

forms furnished by the superintendent pursuant to division (B) of  122          

this section;                                                      123          

      (b)  The style and number of the case;                       125          

      (c)  The date of arrest;                                     127          

      (d)  The date that the person was convicted of or pleaded    129          

guilty to the offense, adjudicated a delinquent child for          130          

committing the act that would be a felony or an offense of         133          

violence if committed by an adult, found not guilty of the                      

offense, or found not to be a delinquent child for committing an   134          

act that would be a felony or an offense of violence if committed  137          

                                                          4      


                                                                 
by an adult, the date of an entry dismissing the charge, an entry  139          

declaring a mistrial of the offense in which the person is         140          

discharged, an entry finding that the person or child is not                    

competent to stand trial, or an entry of a nolle prosequi, or the  141          

date of any other determination that constitutes final resolution  142          

of the case;                                                                    

      (e)  A statement of the original charge with the section of  144          

the Revised Code that was alleged to be violated;                  145          

      (f)  If the person or child was convicted, pleaded guilty,   147          

or was adjudicated a delinquent child, the sentence or terms of    149          

probation imposed or any other disposition of the offender or the  150          

delinquent child.                                                               

      If the offense involved the disarming of a law enforcement   152          

officer or an attempt to disarm a law enforcement officer, the     153          

clerk shall clearly state that fact in the summary, and the        154          

superintendent shall ensure that a clear statement of that fact    155          

is placed in the bureau's records.                                              

      (3)  The superintendent shall cooperate with and assist      157          

sheriffs, chiefs of police, and other law enforcement officers in  159          

the establishment of a complete system of criminal identification  160          

and in obtaining fingerprints and other means of identification    161          

of all persons arrested on a charge of a felony, any crime         162          

constituting a misdemeanor on the first offense and a felony on    163          

subsequent offenses, or a misdemeanor described in division        164          

(A)(1)(a) of section 109.572 of the Revised Code and of all        165          

children under eighteen years of age arrested or otherwise taken   167          

into custody for committing an act that would be a felony or an    169          

offense of violence if committed by an adult.  The superintendent  171          

also shall file for record the fingerprint impressions of all      172          

persons confined in a county, multicounty, municipal,              173          

municipal-county, or multicounty-municipal jail or workhouse,                   

community-based correctional facility, halfway house, alternative  175          

residential facility, or state correctional institution for the    176          

violation of state laws and of all children under eighteen years   178          

                                                          5      


                                                                 
of age who are confined in a county, multicounty, municipal,       179          

municipal-county, or multicounty-municipal jail or workhouse,      180          

community-based correctional facility, halfway house, alternative  181          

residential facility, or state correctional institution or in any  183          

facility for delinquent children for committing an act that would  185          

be a felony or an offense of violence if committed by an adult,    186          

and any other information that the superintendent may receive      188          

from law enforcement officials of the state and its political      189          

subdivisions.                                                                   

      (4)  The superintendent shall carry out Chapter 2950. of     191          

the Revised Code with respect to the registration of persons who   194          

are convicted of or plead guilty to a sexually oriented offense    195          

and with respect to all other duties imposed on the bureau under   196          

that chapter.                                                                   

      (B)  The superintendent shall prepare and furnish to every   198          

county, multicounty, municipal, municipal-county, or               199          

multicounty-municipal jail or workhouse, community-based           200          

correctional facility, halfway house, alternative residential      201          

facility, or state correctional institution and to every clerk of  202          

a court in this state specified in division (A)(2) of this         203          

section standard forms for reporting the information required      204          

under division (A) of this section.  The standard forms that the   206          

superintendent prepares pursuant to this division may be in a      207          

tangible format, in an electronic format, or in both tangible      208          

formats and electronic formats.                                                 

      (C)  The superintendent may operate a center for             210          

electronic, automated, or other data processing for the storage    211          

and retrieval of information, data, and statistics pertaining to   212          

criminals and to children under eighteen years of age who are      213          

adjudicated delinquent children for committing an act that would   215          

be a felony or an offense of violence if committed by an adult,    216          

criminal activity, crime prevention, law enforcement, and          219          

criminal justice, and may establish and operate a statewide                     

communications network to gather and disseminate information,      220          

                                                          6      


                                                                 
data, and statistics for the use of law enforcement agencies.      221          

The superintendent may gather, store, retrieve, and disseminate    223          

information, data, and statistics that pertain to children who                  

are under eighteen years of age and that are gathered pursuant to  224          

sections 109.57 to 109.61 of the Revised Code together with        225          

information, data, and statistics that pertain to adults and that  226          

are gathered pursuant to those sections.                           227          

      (D)  The information and materials furnished to the          229          

superintendent pursuant to division (A) of this section and        230          

information and materials furnished to any board or person under   231          

division (F) or (G) of this section are not public records under   232          

section 149.43 of the Revised Code.                                233          

      (E)  The attorney general shall adopt rules, in accordance   235          

with Chapter 119. of the Revised Code, setting forth the           236          

procedure by which a person may receive or release information     237          

gathered by the superintendent pursuant to division (A) of this    239          

section.  A reasonable fee may be charged for this service.  If a  240          

temporary employment service submits a request for a               241          

determination of whether a person the service plans to refer to    242          

an employment position has been convicted of or pleaded guilty to  243          

an offense listed in division (A)(1), (3), (4), or (5) of section  244          

109.572 of the Revised Code, the request shall be treated as a     245          

single request and only one fee shall be charged.                  246          

      (F)(1)  As used in division (F)(2) of this section, "head    248          

start agency" means an entity in this state that has been          249          

approved to be an agency for purposes of subchapter II of the      250          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      251          

U.S.C.A. 9831, as amended.                                         252          

      (2)(a)  In addition to or in conjunction with any request    254          

that is required to be made under section 109.572, 2151.86,        255          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          256          

5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the  257          

board of education of any school district; THE DIRECTOR OF MENTAL  258          

RETARDATION AND DEVELOPMENTAL DISABILITIES; any county board of    259          

                                                          7      


                                                                 
mental retardation and developmental disabilities; any entity      260          

under contract with a county board of mental retardation and       261          

developmental disabilities; the chief administrator of any         262          

chartered nonpublic school; the chief administrator of any home    263          

health agency; the chief administrator of or person operating any  264          

child day-care center, type A family day-care home, or type B      265          

family day-care home licensed or certified under Chapter 5104. of  266          

the Revised Code; the administrator of any type C family day-care  267          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  268          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    269          

general assembly; the chief administrator of any head start        270          

agency; or the executive director of a public children services    271          

agency may request that the superintendent of the bureau           272          

investigate and determine, with respect to any individual who has  273          

applied for employment in any position after October 2, 1989, or   274          

any individual wishing to apply for employment with a board of     275          

education may request, with regard to the individual, whether the  277          

bureau has any information gathered under division (A) of this     278          

section that pertains to that individual.  On receipt of the       279          

request, the superintendent shall determine whether that           280          

information exists and, upon request of the person, board, or      281          

entity requesting information, also shall request from the         282          

federal bureau of investigation any criminal records it has        283          

pertaining to that individual.  Within thirty days of the date     284          

that the superintendent receives a request, the superintendent     286          

shall send to the board, entity, or person a report of any         287          

information that the superintendent determines exists, including   289          

information contained in records that have been sealed under       290          

section 2953.32 of the Revised Code, and, within thirty days of    291          

its receipt, shall send the board, entity, or person a report of   292          

any information received from the federal bureau of                293          

investigation, other than information the dissemination of which   294          

is prohibited by federal law.                                                   

      (b)  When a board of education is required to receive        296          

                                                          8      


                                                                 
information under this section as a prerequisite to employment of  297          

an individual pursuant to section 3319.39 of the Revised Code, it  298          

may accept a certified copy of records that were issued by the     300          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        301          

district in lieu of requesting that information itself.  In such   302          

a case, the board shall accept the certified copy issued by the    303          

bureau in order to make a photocopy of it for that individual's    304          

employment application documents and shall return the certified    305          

copy to the individual.  In a case of that nature, a district      306          

only shall accept a certified copy of records of that nature       307          

within one year after the date of their issuance by the bureau.    309          

      (3)  The state board of education may request, with respect  311          

to any individual who has applied for employment after October 2,  312          

1989, in any position with the state board or the department of    313          

education, any information that a school district board of         314          

education is authorized to request under division (F)(2) of this   316          

section, and the superintendent of the bureau shall proceed as if  317          

the request has been received from a school district board of      318          

education under division (F)(2) of this section.                   319          

      (4)  When the superintendent of the bureau receives a        321          

request for information that is authorized under section 3319.291  322          

of the Revised Code, the superintendent shall proceed as if the    323          

request has been received from a school district board of          324          

education under division (F)(2) of this section.                   325          

      (5)  When a recipient of an OhioReads classroom or           328          

community reading grant paid under section 3301.86 or 3301.87 of   330          

the Revised Code or an entity approved by the OhioReads council    332          

requests, with respect to any individual who applies to            333          

participate in providing any program or service through an entity  335          

approved by the OhioReads council or funded in whole or in part    338          

by the grant, the information that a school district board of                   

education is authorized to request under division (F)(2)(a) of     340          

this section, the superintendent of the bureau shall proceed as    341          

                                                          9      


                                                                 
if the request has been received from a school district board of   343          

education under division (F)(2)(a) of this section.                344          

      (G)  In addition to or in conjunction with any request that  347          

is required to be made under section 173.41, 3701.881, 3712.09,    348          

3721.121, or 3722.151 of the Revised Code with respect to an       350          

individual who has applied for employment in a position that       351          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  352          

the PASSPORT program created under section 173.40 of the Revised   353          

Code, home health agency, hospice care program, home licensed      355          

under Chapter 3721. of the Revised Code, adult day-care program    356          

operated pursuant to rules adopted under section 3721.04 of the    357          

Revised Code, or adult care facility may request that the          359          

superintendent of the bureau investigate and determine, with       360          

respect to any individual who has applied after January 27, 1997,  362          

for employment in a position that does not involve providing       363          

direct care to an older adult, whether the bureau has any          364          

information gathered under division (A) of this section that       365          

pertains to that individual.  On receipt of the request, the       366          

superintendent shall determine whether that information exists     367          

and, on request of the administrator requesting information,       368          

shall also request from the federal bureau of investigation any    369          

criminal records it has pertaining to that individual.  Within     370          

thirty days of the date a request is received, the superintendent  371          

shall send to the administrator a report of any information        373          

determined to exist, including information contained in records    374          

that have been sealed under section 2953.32 of the Revised Code,   375          

and, within thirty days of its receipt, shall send the             376          

administrator a report of any information received from the        377          

federal bureau of investigation, other than information the        378          

dissemination of which is prohibited by federal law.               379          

      (H)  Information obtained by a board, administrator, or      382          

other person under this section is confidential and shall not be   383          

released or disseminated.                                                       

                                                          10     


                                                                 
      (I)  The superintendent may charge a reasonable fee for      385          

providing information or criminal records under division (F)(2)    386          

or (G) of this section.                                            387          

      Sec. 109.572.  (A)(1)  Upon receipt of a request pursuant    396          

to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,          397          

5104.013, or 5153.111 of the Revised Code, a completed form        399          

prescribed pursuant to division (C)(1) of this section, and a set  400          

of fingerprint impressions obtained in the manner described in     401          

division (C)(2) of this section, the superintendent of the bureau  402          

of criminal identification and investigation shall conduct a       403          

criminal records check in the manner described in division (B) of  404          

this section to determine whether any information exists that      405          

indicates that the person who is the subject of the request        406          

previously has been convicted of or pleaded guilty to any of the   407          

following:                                                                      

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       409          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     410          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     412          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     413          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  414          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     415          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    416          

2925.06, or 3716.11 of the Revised Code, felonious sexual                       

penetration in violation of former section 2907.12 of the Revised  417          

Code, a violation of section 2905.04 of the Revised Code as it     418          

existed prior to July 1, 1996, a violation of section 2919.23 of   419          

the Revised Code that would have been a violation of section       421          

2905.04 of the Revised Code as it existed prior to July 1, 1996,                

had the violation been committed prior to that date, or a          422          

violation of section 2925.11 of the Revised Code that is not a     423          

minor drug possession offense;                                     424          

      (b)  A violation of an existing or former law of this        426          

state, any other state, or the United States that is               427          

substantially equivalent to any of the offenses listed in          428          

                                                          11     


                                                                 
division (A)(1)(a) of this section.                                             

      (2)  On receipt of a request PURSUANT TO SECTION 5123.081    430          

OF THE REVISED CODE WITH RESPECT TO AN APPLICANT FOR EMPLOYMENT    431          

IN ANY POSITION WITH THE DEPARTMENT OF MENTAL RETARDATION AND      432          

DEVELOPMENTAL DISABILITIES, pursuant to section 5126.28 of the     433          

Revised Code with respect to an applicant for employment in any    435          

position with a county board of mental retardation and             436          

developmental disabilities, or pursuant to section 5126.281 of     437          

the Revised Code with respect to an applicant for employment in a  439          

DIRECT SERVICES position with an entity contracting with a county  440          

board for employment in a position that involves providing         441          

service directly to individuals with mental retardation and        442          

developmental disabilities, a completed form prescribed pursuant   443          

to division (C)(1) of this section, and a set of fingerprint       445          

impressions obtained in the manner described in division (C)(2)    446          

of this section, the superintendent of the bureau of criminal      447          

identification and investigation shall conduct a criminal records  449          

check.  The superintendent shall conduct the criminal records      450          

check in the manner described in division (B) of this section to   451          

determine whether any information exists that indicates that the   452          

person who is the subject of the request has been convicted of or  454          

pleaded guilty to any of the following:                                         

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       457          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     458          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     459          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     460          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   461          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    462          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    463          

or 3716.11 of the Revised Code;                                    464          

      (b)  An existing or former MUNICIPAL ORDINANCE OR law of     466          

this state, any other state, or the United States that is          467          

substantially equivalent to any of the offenses listed in          468          

division (A)(2)(a) of this section.                                469          

                                                          12     


                                                                 
      (3)  On receipt of a request pursuant to section 173.41,     471          

3712.09, 3721.121, or 3722.151 of the Revised Code, a completed    473          

form prescribed pursuant to division (C)(1) of this section, and   474          

a set of fingerprint impressions obtained in the manner described  475          

in division (C)(2) of this section, the superintendent of the      477          

bureau of criminal identification and investigation shall conduct  478          

a criminal records check with respect to any person who has        479          

applied for employment in a position that involves providing       480          

direct care to an older adult.  The superintendent shall conduct   481          

the criminal records check in the manner described in division     482          

(B) of this section to determine whether any information exists    484          

that indicates that the person who is the subject of the request   485          

previously has been convicted of or pleaded guilty to any of the   486          

following:                                                                      

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       489          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     490          

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,                  

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     491          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  493          

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,                  

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     494          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    496          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  497          

      (b)  An existing or former law of this state, any other      500          

state, or the United States that is substantially equivalent to    501          

any of the offenses listed in division (A)(3)(a) of this section.  502          

      (4)  On receipt of a request pursuant to section 3701.881    504          

of the Revised Code with respect to an applicant for employment    506          

with a home health agency as a person responsible for the care,    507          

custody, or control of a child, a completed form prescribed        508          

pursuant to division (C)(1) of this section, and a set of          509          

fingerprint impressions obtained in the manner described in        510          

division (C)(2) of this section, the superintendent of the bureau  511          

of criminal identification and investigation shall conduct a       512          

                                                          13     


                                                                 
criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  514          

this section to determine whether any information exists that      515          

indicates that the person who is the subject of the request        516          

previously has been convicted of or pleaded guilty to any of the                

following:                                                         517          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       519          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     520          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     521          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     522          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   523          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    524          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    525          

2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a     527          

violation of section 2925.11 of the Revised Code that is not a     528          

minor drug possession offense;                                     529          

      (b)  An existing or former law of this state, any other      531          

state, or the United States that is substantially equivalent to    532          

any of the offenses listed in division (A)(4)(a) of this section.  533          

      (5)  On receipt of a request pursuant to section 3701.881    535          

of the Revised Code with respect to an applicant for employment    536          

with a home health agency in a position that involves providing    538          

direct care to an older adult, a completed form prescribed         539          

pursuant to division (C)(1) of this section, and a set of          540          

fingerprint impressions obtained in the manner described in        541          

division (C)(2) of this section, the superintendent of the bureau  542          

of criminal identification and investigation shall conduct a       543          

criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  545          

this section to determine whether any information exists that      546          

indicates that the person who is the subject of the request        547          

previously has been convicted of or pleaded guilty to any of the                

following:                                                         548          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       551          

                                                          14     


                                                                 
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     552          

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,                  

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     553          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  555          

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,                  

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     556          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    558          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  559          

      (b)  An existing or former law of this state, any other      561          

state, or the United States that is substantially equivalent to    562          

any of the offenses listed in division (A)(5)(a) of this section.  563          

      (6)  When conducting a criminal records check upon a         565          

request pursuant to section 3319.39 of the Revised Code for an     566          

applicant who is a teacher, the superintendent shall determine     567          

whether any information exists that indicates that the person who  568          

is the subject of the request previously has been convicted of or  569          

pleaded guilty to any offense specified in section 3319.31 of the  570          

Revised Code.                                                      571          

      (7)  Not later than thirty days after the date the           573          

superintendent receives the request, completed form, and           575          

fingerprint impressions, the superintendent shall send the person  576          

who made the request any information, other than information the   577          

dissemination of which is prohibited by federal law, the           578          

superintendent determines exists with respect to the person who    579          

is the subject of the request that indicates that the person                    

previously has been convicted of or pleaded guilty to any offense  581          

listed or described in division (A)(1), (2), (3), (4), or (5) of   582          

this section.  The superintendent shall send the person who made   583          

the request a copy of the list of offenses specified in division   585          

(A)(1), (2), (3), (4), or (5) of this section.  If the request     586          

was made under section 3701.881 of the Revised Code with regard                 

to an applicant who may be both responsible for the care,          587          

custody, or control of a child and involved in providing direct    588          

care to an older adult, the superintendent shall provide a list    590          

                                                          15     


                                                                 
of the offenses specified in divisions (A)(4) and (5) of this      591          

section.                                                                        

      (B)  The superintendent shall conduct any criminal records   593          

check requested under section 173.41, 2151.86, 3301.32, 3301.541,  594          

3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,          595          

5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised  596          

Code as follows:                                                   597          

      (1)  The superintendent shall review or cause to be          599          

reviewed any relevant information gathered and compiled by the     600          

bureau under division (A) of section 109.57 of the Revised Code    601          

that relates to the person who is the subject of the request,      602          

including any relevant information contained in records that have  603          

been sealed under section 2953.32 of the Revised Code;             604          

      (2)  If the request received by the superintendent asks for  606          

information from the federal bureau of investigation, the          608          

superintendent shall request from the federal bureau of                         

investigation any information it has with respect to the person    609          

who is the subject of the request and shall review or cause to be  610          

reviewed any information the superintendent receives from that     611          

bureau.                                                                         

      (C)(1)  The superintendent shall prescribe a form to obtain  613          

the information necessary to conduct a criminal records check      614          

from any person for whom a criminal records check is required by   615          

section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,     616          

3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,         617          

5126.28, 5126.281, or 5153.111 of the Revised Code.                618          

      (2)(a)  The superintendent shall prescribe standard          620          

impression sheets to obtain the fingerprint impressions of any     621          

person for whom a criminal records check is required by section    622          

173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,    623          

3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28,         624          

5126.281, or 5153.111 of the Revised Code.  Any EXCEPT AS          625          

PROVIDED IN DIVISION (C)(2)(b) OF THIS SECTION, ANY person for     626          

whom a records check is required by any of those sections shall    627          

                                                          16     


                                                                 
obtain the fingerprint impressions at a county sheriff's office,   628          

municipal police department, or any other entity with the ability  629          

to make fingerprint impressions on the standard impression sheets  630          

prescribed by the superintendent.  The office, department, or      631          

entity may charge the person a reasonable fee for making the       632          

impressions.                                                       633          

      (b)  THE SUPERINTENDENT MAY DEVELOP A METHOD OF OBTAINING    635          

FINGERPRINT IMPRESSIONS OF ANY PERSON FOR WHOM A CRIMINAL RECORDS  636          

CHECK IS REQUIRED BY SECTION 5123.081, 5126.28, OR 5126.281 OF     637          

THE REVISED CODE THAT IS DIFFERENT FROM THE METHOD PROVIDED FOR    639          

BY DIVISION (C)(2)(a) OF THIS SECTION.  IF THE SUPERINTENDENT      640          

DEVELOPS A DIFFERENT METHOD OF OBTAINING FINGERPRINT IMPRESSIONS,  642          

ANY PERSON FOR WHOM A RECORDS CHECK IS REQUIRED BY SECTION         643          

5123.081, 5126.28, OR 5126.281 OF THE REVISED CODE SHALL OBTAIN    644          

THE FINGERPRINT IMPRESSIONS THROUGH THAT METHOD.  THE              646          

SUPERINTENDENT, OR AN ENTITY IMPLEMENTING THE METHOD AUTHORIZED                 

BY DIVISION (C)(2)(b) OF THIS SECTION FOR THE SUPERINTENDENT, MAY  648          

CHARGE A REASONABLE FEE FOR OBTAINING THE FINGERPRINT              649          

IMPRESSIONS.                                                                    

      (3)  Subject to division (D) of this section, the            651          

superintendent shall prescribe and charge a reasonable fee for     652          

providing a criminal records check requested under section         653          

173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,    654          

3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28,         655          

5126.281, or 5153.111 of the Revised Code.  The person making a    657          

criminal records request under section 173.41, 2151.86, 3301.32,   658          

3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,          659          

5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of    661          

the Revised Code shall pay the fee prescribed pursuant to this                  

division.  A person making a request under section 3701.881 of     662          

the Revised Code for a criminal records check for an applicant     663          

who may be both responsible for the care, custody, or control of   664          

a child and involved in providing direct care to an older adult    665          

shall pay one fee for the request.                                              

                                                          17     


                                                                 
      (D)  A determination whether any information exists that     667          

indicates that a person previously has been convicted of or        668          

pleaded guilty to any offense listed or described in division      669          

(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a)    670          

or (b), or (A)(5)(a) or (b) of this section that is made by the    671          

superintendent with respect to information considered in a         672          

criminal records check in accordance with this section is valid    673          

for the person who is the subject of the criminal records check    674          

for a period of one year from the date upon which the              675          

superintendent makes the determination.  During the period in      676          

which the determination in regard to a person is valid, if         677          

another request under this section is made for a criminal records  678          

check for that person, the superintendent shall provide the        679          

information that is the basis for the superintendent's initial     680          

determination at a lower fee than the fee prescribed for the       681          

initial criminal records check.                                                 

      (E)  As used in this section:                                683          

      (1)  "Criminal records check" means any criminal records     685          

check conducted by the superintendent of the bureau of criminal    687          

identification and investigation in accordance with division (B)   688          

of this section.                                                                

      (2)  "Minor drug possession offense" has the same meaning    690          

as in section 2925.01 of the Revised Code.                         691          

      (3)  "Older adult" means a person age sixty or older.        693          

      Sec. 5123.02.  (A)  The department of mental retardation     702          

and developmental disabilities shall:                              703          

      (1)(A)  Promote comprehensive statewide programs and         705          

services for mentally retarded or developmentally disabled         706          

persons and their families wherever they reside in the state.      707          

These programs shall include public education, prevention,         708          

diagnosis, treatment, training, and care.                          709          

      (2)(B)  Provide administrative leadership for statewide      711          

services which include residential facilities, evaluation          712          

centers, and community classes which are wholly or in part         713          

                                                          18     


                                                                 
financed by the department of mental retardation and               714          

developmental disabilities as provided by section 5123.26 of the   715          

Revised Code;                                                      716          

      (3)(C)  Develop and maintain, to the extent feasible, data   718          

on all services and programs for mentally retarded or              719          

developmentally disabled persons provided by governmental and      720          

private agencies;                                                  721          

      (4)(D)  Make periodic determinations of the number of        723          

mentally retarded or developmentally disabled persons requiring    724          

services in the state;                                             725          

      (5)(E)  Provide leadership to local authorities in planning  727          

and developing community-wide services for mentally retarded or    728          

developmentally disabled persons and their families;               729          

      (6)(F)  Promote programs of professional training and        731          

research in cooperation with other state departments, agencies,    732          

and institutions of higher learning.                               733          

      (B)  The department may conduct audits of the services and   735          

programs that either receive funds through the department or are   736          

subject to regulation by the department.  Audits shall be          737          

conducted in accordance with procedures prescribed by the          738          

department.  Records created or received by the department in      739          

connection with an audit are not public records under section                   

149.43 of the Revised Code until a report of the audit is          740          

released by the department.                                        741          

      Sec. 5123.05.  THE DEPARTMENT OF MENTAL RETARDATION AND      743          

DEVELOPMENTAL DISABILITIES MAY CONDUCT AUDITS OF THE SERVICES AND  744          

PROGRAMS THAT EITHER RECEIVE FUNDS THROUGH THE DEPARTMENT OR ARE   745          

SUBJECT TO REGULATION BY THE DEPARTMENT.  AUDITS SHALL BE          746          

CONDUCTED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE          747          

DEPARTMENT.  RECORDS CREATED OR RECEIVED BY THE DEPARTMENT IN      748          

CONNECTION WITH AN AUDIT ARE NOT PUBLIC RECORDS UNDER SECTION      749          

149.43 OF THE REVISED CODE UNTIL A REPORT OF THE AUDIT IS          750          

RELEASED BY THE DEPARTMENT.                                        751          

      Sec. 5123.183 5123.051.  (A)  As used in this section,       760          

                                                          19     


                                                                 
"contractor" means a person or government agency that has entered  762          

into a contract with the department of mental retardation and      763          

developmental disabilities under section 5123.18 or 5111.252 of    764          

the Revised Code.                                                               

      (B)  If the department of mental retardation and             766          

developmental disabilities determines pursuant to an audit         767          

CONDUCTED UNDER SECTION 5123.05 OF THE REVISED CODE or A           768          

reconciliation conducted under section 5123.18 or 5111.252 of the  769          

Revised Code that money is owed the state by a contractor          770          

PROVIDER OF A SERVICE OR PROGRAM, the office of support within     772          

the department may enter into a payment agreement with the         773          

contractor PROVIDER.  The agreement shall include the following:   774          

      (1)(A)  A schedule of installment payments whereby the       776          

money owed the state is to be paid in full within a period not to  777          

exceed one year;                                                   778          

      (2)(B)  A provision that the contractor PROVIDER may pay     781          

the entire balance owed at any time during the term of the         783          

agreement;                                                                      

      (3)(C)  A provision that if any installment is not paid in   785          

full within forty-five days after it is due, the entire balance    786          

owed is immediately due and payable;                               787          

      (4)(D)  Such other terms and conditions as are agreed to by  789          

the office and the contractor PROVIDER.                            790          

      The office may include a provision in a payment agreement    792          

that requires the contractor PROVIDER to pay interest on the       794          

money owed the state.  The office, in its discretion, shall        795          

determine whether to require the payment of interest and, if it    796          

so requires, the rate of interest.  Neither the obligation to pay  797          

interest nor the rate of interest is subject to negotiation        798          

between the office and the contractor PROVIDER.                    799          

      (C)  If the contractor fails to pay any installment in full  802          

within forty-five days after its due date, the office shall        803          

certify the entire balance owed to the attorney general for        804          

collection under section 131.02 of the Revised Code.  The          805          

                                                          20     


                                                                 
department may withhold funds from payments made to a contractor   806          

under section 5123.18 or 5111.252 of the Revised Code to satisfy                

a judgment secured by the attorney general.                        807          

      (D)  All money collected under this section shall be         809          

deposited in the state treasury to the credit of the purchase of   810          

service fund, which is hereby created.  Money credited to the      811          

fund shall be used solely for purposes of sections 5123.18 and     812          

5111.252 of the Revised Code.                                                   

      Sec. 5123.05 5123.06.  The director of mental retardation    821          

and developmental disabilities may establish divisions in the      823          

department of mental retardation and developmental disabilities    824          

and prescribe their powers and duties.                             825          

      Each division shall consist of a chief and the officers and  827          

employees, including those in institutions, necessary for the      828          

performance of the functions assigned to it.  The director shall   829          

supervise the work of each division and be responsible for the     830          

determination of general policies in the exercise of powers        831          

vested in the department and powers assigned to each division.     832          

The chief of each division shall be responsible to the director    833          

for the organization, direction, and supervision of the work of    834          

the division and the exercise of the powers and the performance    835          

of the duties of the department assigned to such division, and,    836          

with the approval of the director, may establish bureaus or other  837          

administrative units in the division.                              838          

      Appointment to the position of chief of a division may be    840          

made from persons holding positions in the classified service in   841          

the department.                                                    842          

      The chief of each division shall be a person who has had     844          

special training and experience in the type of work with the       845          

performance of which the division is charged.                      846          

      Each chief of a division, under the director, shall have     848          

entire executive charge of the division to which the chief is      850          

appointed.  Subject to sections 124.01 to 124.64 of the Revised                 

Code, and civil service rules, the chief of a division shall,      851          

                                                          21     


                                                                 
with the approval of the director, select and appoint the          852          

necessary employees in the chief's division and may remove such    853          

employees for cause.                                               854          

      Sec. 5123.081.  (A)  AS USED IN THIS SECTION:                856          

      (1)  "APPLICANT" MEANS A PERSON WHO IS UNDER FINAL           858          

CONSIDERATION FOR APPOINTMENT TO OR EMPLOYMENT WITH THE            859          

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.   860          

      (2)  "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN     862          

SECTION 109.572 OF THE REVISED CODE.                               863          

      (3)  "MINOR DRUG POSSESSION OFFENSE" HAS THE SAME MEANING    865          

AS IN SECTION 2925.01 OF THE REVISED CODE.                         866          

      (B)  THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL    868          

DISABILITIES SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF     869          

CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL    870          

RECORDS CHECK WITH RESPECT TO EACH APPLICANT, EXCEPT THAT THE      871          

DIRECTOR IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR   872          

AN EMPLOYEE OF THE DEPARTMENT WHO IS BEING CONSIDERED FOR A        873          

DIFFERENT POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR     874          

SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE DIRECTOR HAS NO       875          

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       876          

OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.      877          

      IF THE APPLICANT DOES NOT PRESENT PROOF THAT THE APPLICANT   879          

HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD         880          

IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS      881          

CHECK IS REQUESTED, THE DIRECTOR SHALL REQUEST THAT THE            882          

SUPERINTENDENT OF THE BUREAU OBTAIN INFORMATION FROM THE FEDERAL   883          

BUREAU OF INVESTIGATION AS A PART OF THE CRIMINAL RECORDS CHECK    884          

FOR THE APPLICANT.  IF THE APPLICANT PRESENTS PROOF THAT THE       885          

APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR     886          

PERIOD, THE DIRECTOR MAY REQUEST THAT THE SUPERINTENDENT OF THE    887          

BUREAU INCLUDE INFORMATION FROM THE FEDERAL BUREAU OF              888          

INVESTIGATION IN THE CRIMINAL RECORDS CHECK.  FOR PURPOSES OF      889          

THIS DIVISION, AN APPLICANT MAY PROVIDE PROOF OF RESIDENCY IN      890          

THIS STATE BY PRESENTING, WITH A NOTARIZED STATEMENT ASSERTING     891          

                                                          22     


                                                                 
THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT      892          

FIVE-YEAR PERIOD, A VALID DRIVER'S LICENSE, NOTIFICATION OF        893          

REGISTRATION AS AN ELECTOR, A COPY OF AN OFFICIALLY FILED FEDERAL  894          

OR STATE TAX FORM IDENTIFYING THE APPLICANT'S PERMANENT            895          

RESIDENCE, OR ANY OTHER DOCUMENT THE DIRECTOR CONSIDERS            896          

ACCEPTABLE.                                                                     

      (C)  THE DIRECTOR SHALL PROVIDE TO EACH APPLICANT A COPY OF  898          

THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION         899          

109.572 OF THE REVISED CODE, PROVIDE TO EACH APPLICANT ANY         900          

MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS PURSUANT TO      901          

DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE, OBTAIN     902          

THE COMPLETED FORM AND MATERIAL FROM EACH APPLICANT, AND FORWARD   903          

THE COMPLETED FORM AND MATERIAL TO THE SUPERINTENDENT OF THE                    

BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE TIME    904          

THE CRIMINAL RECORDS CHECK IS REQUESTED.                           905          

      ANY APPLICANT WHO RECEIVES PURSUANT TO THIS DIVISION A COPY  907          

OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION      908          

109.572 OF THE REVISED CODE AND ANY MATERIAL NEEDED TO OBTAIN      909          

FINGERPRINT IMPRESSIONS PURSUANT TO DIVISION (C)(2) OF THAT        910          

SECTION AND WHO IS REQUESTED TO COMPLETE THE FORM AND PROVIDE A    911          

SET OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE  912          

ALL THE INFORMATION NECESSARY TO COMPLETE THE FORM AND SHALL                    

PROVIDE THE MATERIAL WITH THE IMPRESSIONS OF THE APPLICANT'S       913          

FINGERPRINTS.  IF AN APPLICANT, UPON REQUEST, FAILS TO PROVIDE     914          

THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO         915          

PROVIDE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS, THE DIRECTOR  916          

SHALL NOT EMPLOY THE APPLICANT.                                    917          

      (D)  THE DIRECTOR MAY REQUEST ANY OTHER STATE OR FEDERAL     919          

AGENCY TO SUPPLY THE DIRECTOR WITH A WRITTEN REPORT REGARDING THE  920          

CRIMINAL RECORD OF EACH APPLICANT.  WITH REGARD TO AN APPLICANT                 

WHO BECOMES A DEPARTMENT EMPLOYEE, IF THE EMPLOYEE HOLDS AN        921          

OCCUPATIONAL OR PROFESSIONAL LICENSE OR OTHER CREDENTIALS, THE     922          

DIRECTOR MAY REQUEST THAT THE STATE OR FEDERAL AGENCY THAT         923          

REGULATES THE EMPLOYEE'S OCCUPATION OR PROFESSION SUPPLY THE       924          

                                                          23     


                                                                 
DIRECTOR WITH A WRITTEN REPORT OF ANY INFORMATION PERTAINING TO    925          

THE EMPLOYEE'S CRIMINAL RECORD THAT THE AGENCY OBTAINS IN THE      926          

COURSE OF CONDUCTING AN INVESTIGATION OR IN THE PROCESS OF         927          

RENEWING THE EMPLOYEE'S LICENSE OR OTHER CREDENTIALS.              928          

      (E)  EXCEPT AS PROVIDED IN DIVISION (K)(2) OF THIS SECTION   930          

AND IN RULES ADOPTED BY THE DIRECTOR IN ACCORDANCE WITH DIVISION   931          

(M) OF THIS SECTION, THE DIRECTOR SHALL NOT EMPLOY A PERSON TO     932          

FILL A POSITION WITH THE DEPARTMENT WHO HAS BEEN CONVICTED OF OR   933          

PLEADED GUILTY TO ANY OF THE FOLLOWING:                            934          

      (1)  A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03,       936          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     937          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     938          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     939          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  940          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     941          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    942          

2925.06, OR 3716.11 OF THE REVISED CODE, A VIOLATION OF SECTION    944          

2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996,   946          

A VIOLATION OF SECTION 2919.23 OF THE REVISED CODE THAT WOULD      947          

HAVE BEEN A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS    948          

IT EXISTED PRIOR TO JULY 1, 1996, HAD THE VIOLATION OCCURRED       949          

PRIOR TO THAT DATE, A VIOLATION OF SECTION 2925.11 OF THE REVISED  950          

CODE THAT IS NOT A MINOR DRUG POSSESSION OFFENSE, OR FELONIOUS     952          

SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE   953          

REVISED CODE;                                                      954          

      (2)  A FELONY CONTAINED IN THE REVISED CODE THAT IS NOT      956          

LISTED IN THIS DIVISION, IF THE FELONY BEARS A DIRECT AND          958          

SUBSTANTIAL RELATIONSHIP TO THE DUTIES AND RESPONSIBILITIES OF     959          

THE POSITION BEING FILLED;                                                      

      (3)  A VIOLATION OF AN EXISTING OR FORMER MUNICIPAL          961          

ORDINANCE OR LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED     962          

STATES, IF THE OFFENSE IS SUBSTANTIALLY EQUIVALENT TO ANY OF THE   963          

OFFENSES DESCRIBED IN DIVISION (E)(1) OR (2) OF THIS SECTION.      964          

      (F)  PRIOR TO EMPLOYING AN APPLICANT, THE DIRECTOR SHALL     966          

                                                          24     


                                                                 
REQUIRE THE APPLICANT TO SUBMIT A STATEMENT WITH THE APPLICANT'S   967          

SIGNATURE ATTESTING THAT THE APPLICANT HAS NOT BEEN CONVICTED OF   968          

OR PLEADED GUILTY TO ANY OF THE OFFENSES DESCRIBED IN DIVISION     969          

(E) OF THIS SECTION.  THE DIRECTOR ALSO SHALL REQUIRE THE          970          

APPLICANT TO SIGN AN AGREEMENT UNDER WHICH THE APPLICANT AGREES    972          

TO NOTIFY THE DIRECTOR IF WHILE EMPLOYED WITH THE DEPARTMENT THE   973          

APPLICANT IS EVER FORMALLY CHARGED FOR ANY OF THE OFFENSES LISTED  974          

OR DESCRIBED IN DIVISION (E) OF THIS SECTION.  THE AGREEMENT       975          

SHALL INFORM THE APPLICANT THAT FAILURE TO REPORT FORMAL CHARGES   976          

MAY RESULT IN BEING DISMISSED FROM EMPLOYMENT.                     977          

      (G)  THE DIRECTOR SHALL PAY TO THE BUREAU OF CRIMINAL        979          

IDENTIFICATION AND INVESTIGATION THE FEE PRESCRIBED PURSUANT TO    980          

DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE FOR EACH    981          

CRIMINAL RECORDS CHECK REQUESTED AND CONDUCTED PURSUANT TO THIS    982          

SECTION.                                                           983          

      (H)(1)  ANY REPORT OBTAINED PURSUANT TO THIS SECTION IS NOT  985          

A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED      986          

CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON, OTHER THAN     987          

THE APPLICANT WHO IS THE SUBJECT OF THE RECORDS CHECK OR CRIMINAL               

RECORDS CHECK OR THE APPLICANT'S REPRESENTATIVE, THE DEPARTMENT    988          

OR ITS REPRESENTATIVE, A COUNTY BOARD OF MENTAL RETARDATION AND    989          

DEVELOPMENTAL DISABILITIES, AND ANY COURT, HEARING OFFICER, OR     990          

OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE     991          

DENIAL OF EMPLOYMENT TO THE APPLICANT OR THE DENIAL, SUSPENSION,   992          

OR REVOCATION OF A CERTIFICATE OR EVIDENCE OF REGISTRATION UNDER   994          

SECTION 5123.082 OF THE REVISED CODE.                                           

      (2)  AN INDIVIDUAL FOR WHOM THE DIRECTOR HAS OBTAINED        996          

REPORTS UNDER THIS SECTION MAY SUBMIT A WRITTEN REQUEST TO THE     997          

DIRECTOR TO HAVE COPIES OF THE REPORTS SENT TO ANY STATE AGENCY,   998          

ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY.  THE INDIVIDUAL     999          

SHALL SPECIFY IN THE REQUEST THE ENTITIES TO WHICH THE COPIES ARE  1,000        

TO BE SENT.  ON RECEIVING THE REQUEST, THE DIRECTOR SHALL SEND     1,001        

COPIES OF THE REPORTS TO THE ENTITIES SPECIFIED.                   1,002        

      THE DIRECTOR MAY REQUEST THAT A STATE AGENCY, ENTITY OF      1,004        

                                                          25     


                                                                 
LOCAL GOVERNMENT, OR PRIVATE ENTITY SEND COPIES TO THE DIRECTOR    1,005        

OF ANY REPORT REGARDING A RECORDS CHECK OR CRIMINAL RECORDS CHECK  1,006        

THAT THE ENTITY POSSESSES, IF THE DIRECTOR OBTAINS THE WRITTEN     1,007        

CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE REPORT.        1,008        

      (I)  THE DIRECTOR SHALL REQUEST THE REGISTRAR OF MOTOR       1,010        

VEHICLES TO SUPPLY THE DIRECTOR WITH A CERTIFIED ABSTRACT          1,011        

REGARDING THE RECORD OF CONVICTIONS FOR VIOLATIONS OF MOTOR                     

VEHICLE LAWS OF EACH APPLICANT WHO WILL BE REQUIRED BY THE         1,012        

APPLICANT'S EMPLOYMENT TO TRANSPORT INDIVIDUALS WITH MENTAL        1,013        

RETARDATION OR DEVELOPMENTAL DISABILITIES OR TO OPERATE THE        1,014        

DEPARTMENT'S VEHICLES FOR ANY OTHER PURPOSE.  FOR EACH ABSTRACT                 

PROVIDED UNDER THIS SECTION, THE DIRECTOR SHALL PAY THE AMOUNT     1,015        

SPECIFIED IN SECTION 4509.05 OF THE REVISED CODE.                  1,016        

      (J)  THE DIRECTOR SHALL PROVIDE EACH APPLICANT WITH A COPY   1,018        

OF ANY REPORT OR ABSTRACT OBTAINED ABOUT THE APPLICANT UNDER THIS  1,019        

SECTION.                                                           1,020        

      (K)(1)  THE DIRECTOR SHALL INFORM EACH PERSON, AT THE TIME   1,022        

OF THE PERSON'S INITIAL APPLICATION FOR EMPLOYMENT, THAT THE       1,023        

PERSON IS REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE                       

PERSON'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK IS         1,024        

REQUIRED TO BE CONDUCTED AND SATISFACTORILY COMPLETED IN           1,025        

ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE IF THE PERSON  1,026        

COMES UNDER FINAL CONSIDERATION FOR EMPLOYMENT AS A PRECONDITION   1,027        

TO EMPLOYMENT FOR THAT POSITION.                                   1,028        

      (2)  THE DIRECTOR MAY EMPLOY AN APPLICANT PENDING RECEIPT    1,030        

OF REPORTS REQUESTED UNDER THIS SECTION.  THE DIRECTOR SHALL       1,031        

TERMINATE EMPLOYMENT OF ANY SUCH APPLICANT IF IT IS DETERMINED     1,032        

FROM THE REPORTS THAT THE APPLICANT FAILED TO INFORM THE DIRECTOR  1,033        

THAT THE APPLICANT HAD BEEN CONVICTED OF OR PLEADED GUILTY TO ANY  1,034        

OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS        1,035        

SECTION.                                                           1,036        

      (L)  THE DIRECTOR MAY CHARGE AN APPLICANT A FEE FOR COSTS    1,038        

THE DIRECTOR INCURS IN OBTAINING REPORTS, ABSTRACTS, OR            1,039        

FINGERPRINT IMPRESSIONS UNDER THIS SECTION.  A FEE CHARGED UNDER   1,040        

                                                          26     


                                                                 
THIS DIVISION SHALL NOT EXCEED THE AMOUNT OF THE FEES THE          1,041        

DIRECTOR PAYS UNDER DIVISIONS (G) AND (I) OF THIS SECTION.  IF A   1,042        

FEE IS CHARGED UNDER THIS DIVISION, THE DIRECTOR SHALL NOTIFY THE  1,043        

APPLICANT OF THE AMOUNT OF THE FEE AT THE TIME OF THE APPLICANT'S               

INITIAL APPLICATION FOR EMPLOYMENT AND THAT UNLESS THE FEE IS      1,044        

PAID, THE DIRECTOR WILL NOT CONSIDER THE APPLICANT FOR             1,045        

EMPLOYMENT.                                                                     

      (M)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH       1,048        

CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,        1,049        

INCLUDING RULES SPECIFYING CIRCUMSTANCES UNDER WHICH THE DIRECTOR               

MAY EMPLOY A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE LISTED    1,050        

OR DESCRIBED IN DIVISION (E) OF THIS SECTION BUT WHO MEETS         1,051        

STANDARDS IN REGARD TO REHABILITATION SET BY THE DIRECTOR.         1,052        

      Sec. 5123.18.  (A)  As used in this section:                 1,061        

      (1)  "Contractor" means a person or government agency that   1,063        

enters into a contract with the department of mental retardation   1,064        

and developmental disabilities under this section.                 1,065        

      (2)  "Government agency" means a state agency as defined in  1,067        

section 117.01 of the Revised Code or a similar agency of a        1,068        

political subdivision of the state.                                1,069        

      (3)  "Residential services" means the services necessary     1,071        

for an individual with mental retardation or a developmental       1,072        

disability to live in the community, including room and board,     1,073        

clothing, transportation, personal care, habilitation,             1,074        

supervision, and any other services the department considers       1,075        

necessary for the individual to live in the community.             1,076        

      (B)(1)  The department of mental retardation and             1,078        

developmental disabilities may enter into a contract with a        1,079        

person or government agency to provide residential services to     1,080        

individuals with mental retardation or developmental disabilities  1,081        

in need of residential services.  Contracts for residential        1,082        

services shall be of the following types:                          1,083        

      (a)  Companion home contracts - contracts under which the    1,085        

contractor is an individual, the individual is the primary         1,086        

                                                          27     


                                                                 
caregiver, and the individual owns or leases and resides in the    1,087        

home in which the services are provided.                           1,088        

      (b)  Agency-operated companion home contracts - contracts    1,090        

under which the contractor subcontracts, for purposes of           1,091        

coordinating the provision of residential services, with one or    1,092        

more individuals who are primary caregivers and own or lease and   1,093        

reside in the homes in which the services are provided.            1,094        

      (c)  Community home contracts - contracts for residential    1,096        

services under which the contractor owns or operates a home that   1,097        

is used solely to provide residential services.                    1,098        

      (d)  Combined agency-operated companion home and community   1,100        

home contracts.                                                    1,101        

      (2)  A companion home contract shall cover not more than     1,103        

one home.  An agency-operated companion home contract or a         1,104        

community home contract may cover more than one home.              1,105        

      (C)  Contracts shall be in writing and shall provide for     1,107        

payment to be made to the contractor at the times agreed to by     1,108        

the department and the contractor.  Each contract shall specify    1,109        

the period during which it is valid, the amount to be paid for     1,110        

residential services, and the number of individuals for whom       1,111        

payment will be made.  Contracts may be renewed.                   1,112        

      (D)  To be eligible to enter into a contract with the        1,114        

department under this section, the person or government agency     1,115        

and the home in which the residential services are provided must   1,116        

meet all applicable standards for licensing or certification by    1,117        

the appropriate government agency.  In addition, if the            1,118        

residential facility is operated as a nonprofit entity, the        1,119        

members of the board of trustees or board of directors of the      1,120        

facility must not have a financial interest in or receive          1,121        

financial benefit from the facility, other than reimbursement for  1,122        

actual expenses incurred in attending board meetings.              1,123        

      A home with a companion home contract or an agency operated  1,125        

companion home contract that has five or fewer residents with      1,126        

mental retardation or a developmental disability is a foster       1,127        

                                                          28     


                                                                 
family home as defined in section 5123.19 of the Revised Code.     1,128        

      (E)(1)  The department shall determine the payment amount    1,130        

assigned to an initial contract.  To the extent that the           1,131        

department determines sufficient funds are available, the payment  1,132        

amount assigned to an initial contract shall be equal to the       1,133        

average amount assigned to contracts for other homes that are of   1,134        

the same type and size and serve individuals with similar needs,   1,135        

except that if an initial contract is the result of a change of    1,136        

contractor or ownership, the payment amount assigned to the        1,137        

contract shall be the lesser of the amount assigned to the         1,138        

previous contract or the contract's total adjusted predicted       1,139        

funding need calculated under division (I) of this section.        1,140        

      (2)  A renewed contract shall be assigned a payment amount   1,142        

in accordance with division (K) of this section.                   1,143        

      (3)  When a contractor relocates a home to another site at   1,145        

which residential services are provided to the same individuals,   1,146        

the payment amount assigned to the contract for the new home       1,147        

shall be the payment amount assigned to the contract at the        1,148        

previous location.                                                 1,149        

      (F)(1)  Annually, a contractor shall complete an assessment  1,151        

of each individual to whom the contractor provides residential     1,152        

services to predict the individual's need for routine direct       1,153        

services staff.  The department shall establish by rule adopted    1,154        

in accordance with Chapter 119. of the Revised Code the            1,155        

assessment instrument to be used by contractors to make            1,156        

assessments.  Assessments shall be submitted to the department     1,157        

not later than the thirty-first day of January of each year.       1,158        

      A contractor shall submit a revised assessment for an        1,160        

individual if there is a substantial, long-term change in the      1,161        

nature of the individual's needs.  A contractor shall submit       1,162        

revised assessments for all individuals receiving residential      1,163        

services if there is a change in the composition of the home's     1,164        

residents.                                                         1,165        

      (2)  Annually, a contractor shall submit a cost report to    1,167        

                                                          29     


                                                                 
the department specifying the costs incurred in providing          1,168        

residential services during the immediately preceding calendar     1,169        

year.  Only costs actually incurred by a contractor shall be       1,170        

reported on a cost report.  Cost reports shall be prepared         1,171        

according to a uniform chart of accounts approved by the           1,172        

department and shall be submitted on forms prescribed by the       1,173        

department.                                                        1,174        

      (3)  The department shall not renew the contract held by a   1,176        

contractor who fails to submit the assessments or cost reports     1,177        

required under this division.                                      1,178        

      (4)  The department shall adopt rules as necessary           1,180        

regarding the submission of assessments and cost reports under     1,181        

this division.  The rules shall be adopted in accordance with      1,182        

Chapter 119. of the Revised Code.                                  1,183        

      (G)  Prior to renewing a contract entered into under this    1,185        

section, the department shall compute the contract's total         1,186        

predicted funding need and total adjusted predicted funding need.  1,187        

The department shall also compute the contract's unmet funding     1,188        

need if the payment amount assigned to the contract is less than   1,189        

the total adjusted predicted funding need.  The results of these   1,190        

calculations shall be used to determine the payment amount         1,191        

assigned to the renewed contract.                                  1,192        

      (H)(1)  A contract's total predicted funding need is an      1,194        

amount equal to the sum of the predicted funding needs for the     1,195        

following cost categories:                                         1,196        

      (a)  Routine direct services staff;                          1,198        

      (b)  Dietary, program supplies, and specialized staff;       1,200        

      (c)  Facility and general services;                          1,202        

      (d)  Administration.                                         1,204        

      (2)  Based on the assessments submitted by the contractor,   1,206        

the department shall compute the contract's predicted funding      1,207        

need for the routine direct services staff cost category by        1,208        

multiplying the number of direct services staff predicted to be    1,209        

necessary for the home by the sum of the following:                1,210        

                                                          30     


                                                                 
      (a)  Entry level wages paid during the immediately           1,212        

preceding cost reporting period to comparable staff employed by    1,213        

the county board of mental retardation and developmental           1,214        

disabilities of the county in which the home is located;           1,215        

      (b)  Fringe benefits and payroll taxes as determined by the  1,217        

department using state civil service statistics from the same      1,218        

period as the cost reporting period.                               1,219        

      (3)  The department shall establish by rule adopted in       1,221        

accordance with Chapter 119. of the Revised Code the method to be  1,222        

used to compute the predicted funding need for the dietary,        1,223        

program supplies, and specialized staff cost category; the         1,224        

facility and general services cost category; and the               1,225        

administration cost category.  The rules shall not establish a     1,226        

maximum amount that may be attributed to the dietary, program      1,227        

supplies, and specialized staff cost category.  The rules shall    1,228        

establish a process for determining the combined maximum amount    1,229        

that may be attributed to the facility and general services cost   1,230        

category and the administration cost category.                     1,231        

      (I)(1)  A contract's total adjusted predicted funding need   1,233        

is the contract's total predicted funding need with adjustments    1,234        

made for the following:                                            1,235        

      (a)  Inflation, as provided under division (I)(2) of this    1,237        

section;                                                           1,238        

      (b)  The predicted cost of complying with new requirements   1,240        

established under federal or state law that were not taken into    1,241        

consideration when the total predicted funding need was computed;  1,242        

      (c)  Changes in needs based on revised assessments           1,244        

submitted by the contractor.                                       1,245        

      (2)  In adjusting the total predicted funding need for       1,247        

inflation, the department shall use either the consumer price      1,248        

index compound annual inflation rate calculated by the United      1,249        

States department of labor for all items or another index or       1,250        

measurement of inflation designated in rules that the department   1,251        

shall adopt in accordance with Chapter 119. of the Revised Code.   1,252        

                                                          31     


                                                                 
      When a contract is being renewed for the first time, and     1,254        

the contract is to begin on the first day of July, the inflation   1,255        

adjustment applied to the contract's total predicted funding need  1,256        

shall be the estimated rate of inflation for the calendar year in  1,257        

which the contract is renewed.  If the consumer price index is     1,258        

being used, the department shall base its estimate on the rate of  1,259        

inflation calculated for the three-month period ending the         1,260        

thirty-first day of March of that calendar year.  If another       1,261        

index or measurement is being used, the department shall base its  1,262        

estimate on the most recent calculations of the rate of inflation  1,263        

available under the index or measurement.  Each year thereafter,   1,264        

the inflation adjustment shall be estimated in the same manner,    1,265        

except that if the estimated rate of inflation for a year is       1,266        

different from the actual rate of inflation for that year, the     1,267        

difference shall be added to or subtracted from the rate of        1,268        

inflation estimated for the next succeeding year.                  1,269        

      If a contract begins at any time other than July first, the  1,271        

inflation adjustment applied to the contract's total predicted     1,272        

funding need shall be determined by a method comparable to that    1,273        

used for contracts beginning July first.  The department shall     1,274        

adopt rules in accordance with Chapter 119. of the Revised Code    1,275        

establishing the method to be used.                                1,276        

      (J)  A contract's unmet funding need is the difference       1,278        

between the payment amount assigned to the contract and the total  1,279        

adjusted predicted funding need, if the payment amount assigned    1,280        

is less than the total adjusted predicted funding need.            1,281        

      (K)  The payment amount to be assigned to a contract being   1,283        

renewed shall be determined by comparing the total adjusted        1,284        

predicted funding need with the payment amount assigned to the     1,285        

current contract.                                                  1,286        

      (1)  If the payment amount assigned to the current contract  1,288        

equals or exceeds the total adjusted predicted funding need, the   1,289        

payment amount assigned to the renewed contract shall be the same  1,290        

as that assigned to the current contract, unless a reduction is    1,291        

                                                          32     


                                                                 
made pursuant to division (L) of this section.                     1,292        

      (2)  If the payment amount assigned to the current contract  1,294        

is less than the total adjusted predicted funding need, the        1,295        

payment amount assigned to the renewed contract shall be           1,296        

increased if the department determines that funds are available    1,297        

for such increases.  The amount of a contract's increase shall be  1,298        

the same percentage of the available funds that the contract's     1,299        

unmet funding need is of the total of the unmet funding need for   1,300        

all contracts.                                                     1,301        

      (L)  When renewing a contract provided for in division (B)   1,303        

of this section other than a companion home contract, the          1,304        

department may reduce the payment amount assigned to a renewed     1,305        

contract if the sum of the contractor's allowable reported costs   1,306        

and the maximum efficiency incentive is less than ninety-one and   1,307        

one-half per cent of the amount received pursuant to this section  1,308        

during the immediately preceding contract year.                    1,309        

      The department shall adopt rules in accordance with Chapter  1,311        

119. of the Revised Code establishing a formula to be used in      1,312        

computing the maximum efficiency incentive, which shall be at      1,313        

least four per cent of the weighted average payment amount to be   1,314        

made to all contractors during the contract year.  The maximum     1,315        

efficiency incentive shall be computed annually.                   1,316        

      (M)  The department may increase the payment amount          1,318        

assigned to a contract based on the contract's unmet funding need  1,319        

at times other than when the contract is renewed.  The department  1,320        

may develop policies for determining priorities in making such     1,321        

increases.                                                         1,322        

      (N)(1)  In addition to the contracts provided for in         1,324        

division (B) of this section, the department may enter into the    1,325        

following contracts:                                               1,326        

      (a)  A contract to pay the cost of beginning operation of a  1,328        

new home that is to be funded under a companion home contract,     1,329        

agency-operated companion home contract, community home contract,  1,330        

or combined agency-operated companion home and community home      1,331        

                                                          33     


                                                                 
contract.                                                          1,332        

      (b)  A contract to pay the cost associated with increasing   1,334        

the number of individuals served by a home funded under a          1,335        

companion home contract, agency-operated companion home contract,  1,336        

community home contract, or combined agency-operated companion     1,337        

home and community home contract.                                  1,338        

      (2)  The department shall adopt rules as necessary           1,340        

regarding contracts entered into under this division.  The rules   1,341        

shall be adopted in accordance with Chapter 119. of the Revised    1,342        

Code.                                                              1,343        

      (O)  Except for companion home contracts, the department     1,345        

shall conduct a reconciliation of the amount earned under a        1,346        

contract and the actual costs incurred by the contractor.  An      1,347        

amount is considered to have been earned for delivering a service  1,348        

at the time the service is delivered.  The department shall adopt  1,349        

rules in accordance with Chapter 119. of the Revised Code          1,350        

establishing procedures for conducting reconciliations.            1,351        

      A reconciliation shall be based on the annual cost report    1,353        

submitted by the contractor.  If a reconciliation reveals that a   1,354        

contractor owes money to the state, the amount owed shall be       1,355        

collected in accordance with section 5123.183 5123.051 of the      1,356        

Revised Code.                                                      1,357        

      When conducting reconciliations, the department shall        1,359        

review all reported costs that may be affected by transactions     1,360        

required to be reported under division (B)(3) of section 5123.172  1,361        

of the Revised Code.  If the department determines that such       1,362        

transactions have increased the cost reported by a contractor,     1,363        

the department may disallow or adjust the cost allowable for       1,364        

payment.  The department shall adopt rules in accordance with      1,365        

Chapter 119. of the Revised Code establishing standards for        1,366        

disallowances or adjustments.                                      1,367        

      (P)  The department may audit the contracts it enters into   1,370        

under this section.  Audits may be conducted by the department or  1,371        

an entity with which the department contracts to perform the       1,372        

                                                          34     


                                                                 
audits.  The department shall adopt rules in accordance with       1,373        

Chapter 119. of the Revised Code establishing procedures for       1,374        

conducting audits.                                                 1,375        

      An audit may include the examination of a contractor's       1,377        

financial books and records, the costs incurred by a contractor    1,378        

in providing residential services, and any other relevant          1,379        

information specified by the department.  An audit shall not be    1,380        

commenced more than four years after the expiration of the         1,381        

contract to be audited, except in cases where the department has   1,382        

reasonable cause to believe that a contractor has committed        1,383        

fraud.                                                             1,384        

      If an audit reveals that a contractor owes money to the      1,386        

state, the amount owed, subject to an adjudication hearing under   1,387        

this division, shall be collected in accordance with section       1,388        

5123.183 5123.051 of the Revised Code.  If an audit reveals that   1,390        

a reconciliation conducted under this section resulted in the                   

contractor erroneously paying money to the state, the department   1,391        

shall refund the money to the contractor, or, in lieu of making a  1,392        

refund, the department may offset the erroneous payment against    1,393        

any money determined as a result of the audit to be owed by the    1,394        

contractor to the state.  The department is not required to pay    1,395        

interest on any money refunded under this division.                1,396        

      In conducting audits or making determinations of amounts     1,398        

owed by a contractor and amounts to be refunded or offset, the     1,399        

department shall not be bound by the results of reconciliations    1,400        

conducted under this section, except with regard to cases          1,401        

involving claims that have been certified pursuant to section      1,402        

5123.183 5123.051 of the Revised Code to the attorney general for  1,404        

collection for which a full and final settlement has been reached               

or a final judgment has been made from which all rights of appeal  1,405        

have expired or been exhausted.                                    1,406        

      Not later than ninety days after an audit's completion, the  1,408        

department shall provide the contractor a copy of a report of the  1,409        

audit.  The report shall state the findings of the audit,          1,410        

                                                          35     


                                                                 
including the amount of any money the contractor is determined to  1,411        

owe the state.                                                     1,412        

      Until November 9, 1996, a contractor may request that the    1,415        

department conduct an adjudication hearing concerning an audit     1,416        

report that states the contractor owes the state money.  The       1,417        

contractor shall specify in the request the audit findings the     1,418        

contractor contests.  At the contractor's request, the department  1,420        

shall conduct an adjudication hearing in accordance with Chapter   1,421        

119. of the Revised Code.  If a hearing officer rules in the       1,422        

department's favor on each audit finding that the contractor       1,423        

contests, the department may request the hearing officer to        1,424        

determine whether the request for the adjudication hearing was     1,425        

frivolous.  If the hearing officer determines the request was      1,426        

frivolous, the contractor shall, notwithstanding section 119.09    1,427        

of the Revised Code, pay the fees and expenses charged or          1,428        

incurred by the hearing officer and court reporter in conducting   1,429        

the adjudication hearing.                                                       

      No contractor may request an adjudication hearing after      1,432        

November 9, 1996.  An adjudication hearing requested before        1,433        

November 9, 1996, may proceed after November 9, 1996.              1,434        

      (Q)  The department shall adopt rules specifying the amount  1,436        

that will be allowed under a reconciliation or audit for the cost  1,437        

incurred by a contractor for compensation of owners,               1,438        

administrators, and other personnel.  The rules shall be adopted   1,439        

in accordance with Chapter 119. of the Revised Code.               1,440        

      (R)  Each contractor shall, for at least seven years,        1,442        

maintain fiscal records related to payments received pursuant to   1,443        

this section.                                                      1,444        

      (S)  The department may enter into shared funding            1,446        

agreements with other government agencies to fund contracts        1,447        

entered into under this section.  The amount of each agency's      1,448        

share of the cost shall be determined through negotiations with    1,449        

the department.  The department's share shall not exceed the       1,450        

amount it would have paid without entering into the shared         1,451        

                                                          36     


                                                                 
funding agreement, nor shall it be reduced by any amounts          1,452        

contributed by the other parties to the agreement.                 1,453        

      (T)  Except as provided in section 5123.194 of the Revised   1,455        

Code, an individual who receives residential services pursuant to  1,457        

divisions (A) through (U) of this section and the individual's     1,458        

liable relatives or guardians shall pay support charges in         1,460        

accordance with Chapter 5121. of the Revised Code.                 1,461        

      (U)  The department may make reimbursements or payments for  1,463        

any of the following pursuant to rules adopted under this          1,464        

division:                                                          1,465        

      (1)  Unanticipated, nonrecurring costs associated with the   1,467        

health or habilitation of a person who resides in a home funded    1,468        

under a contract provided for in division (B) of this section;     1,469        

      (2)  The cost of staff development training for contractors  1,471        

if the director of mental retardation and developmental            1,472        

disabilities has given prior approval for the training;            1,473        

      (3)  Fixed costs that the department, pursuant to the        1,475        

rules, determines relate to the continued operation of a home      1,476        

funded under a contract provided for in division (B) of this       1,477        

section when a short term vacancy occurs and the contractor has    1,478        

diligently attempted to fill the vacancy.                          1,479        

      The department shall adopt rules in accordance with Chapter  1,481        

119. of the Revised Code establishing standards for use in         1,482        

determining which costs it may make payment or reimbursements for  1,483        

under this division.                                               1,484        

      (V)  In addition to the rules required or authorized to be   1,486        

adopted under this section, the department may adopt any other     1,487        

rules necessary to implement divisions (A) through (U) of this     1,489        

section.  The rules shall be adopted in accordance with Chapter    1,490        

119. of the Revised Code.                                                       

      (W)  The department may delegate to county boards of mental  1,493        

retardation and developmental disabilities its authority under                  

this section to negotiate and enter into contracts or              1,495        

subcontracts for residential services.  In the event that it       1,497        

                                                          37     


                                                                 
elects to delegate its authority, the department shall adopt       1,498        

rules in accordance with Chapter 119. of the Revised Code for the  1,501        

boards' administration of the contracts or subcontracts.  In                    

administering the contracts or subcontracts, the boards shall be   1,502        

subject to all applicable provisions of Chapter 5126. of the       1,504        

Revised Code and shall not be subject to the provisions of         1,506        

divisions (A) to (V) of this section.                              1,508        

      Subject to the department's rules, a board may require the   1,511        

following to contribute to the cost of the residential services    1,512        

an individual receives pursuant to this division:  the individual  1,513        

or the individual's estate, the individual's spouse, the           1,514        

individual's guardian, and, if the individual is under age                      

eighteen, either or both of the individual's parents.  Chapter     1,515        

5121. of the Revised Code shall not apply to individuals or        1,517        

entities that are subject to making contributions under this       1,518        

division.  In calculating contributions to be made under this      1,519        

division, a board, subject to the department's rules, may allow    1,520        

an amount to be kept for meeting the personal needs of the         1,521        

individual who receives residential services.                                   

      Sec. 5126.081.  (A)  In addition to the rules adopted under  1,531        

division (A)(2) of section 5126.08 of the Revised Code             1,533        

establishing standards for the administration, provision,          1,534        

arrangement, and operation of programs and services by county      1,535        

boards of mental retardation and developmental disabilities, the   1,536        

department of mental retardation and developmental disabilities    1,537        

shall establish a system of accreditation for county boards of     1,538        

mental retardation and developmental disabilities to ensure that   1,539        

the boards are in compliance with federal and state statutes and   1,540        

rules.  The department shall establish uniform standards for the   1,541        

accreditation system in ADOPT rules that shall be adopted in       1,542        

accordance with Chapter 119. of the Revised Code GOVERNING THE     1,544        

SYSTEM OF ACCREDITATION.  The rules shall include appropriate      1,546        

timelines for compliance when a board is found to be not in        1,547        

compliance and appropriate actions to be taken by boards in        1,548        

                                                          38     


                                                                 
complying with the accreditation standards REQUIREMENTS.                        

      (B)  Prior to accrediting a board, the department shall      1,551        

conduct a comprehensive, on-site review of the board.  During the  1,552        

review, the department shall document the board's compliance with  1,553        

the department's accreditation standards REQUIREMENTS.  After      1,554        

completing the review, the department shall conduct an exit        1,556        

conference with the president of the board, the superintendent of  1,557        

the board, and any other officials the board asks to have          1,558        

present.  The department shall discuss its findings from the       1,559        

review with the board's representatives and provide a written      1,560        

report of its findings not later than thirty days following the    1,561        

exit conference.  If the department finds that the board is in     1,562        

compliance with the standards REQUIREMENTS for accreditation, the  1,563        

department shall issue evidence of accreditation to the board.     1,565        

      Accreditation may be granted for periods of up to five       1,567        

years and may be renewed.  Not less than once prior to the date a  1,569        

board's accreditation is scheduled to expire, the department                    

shall conduct a comprehensive, on-site review of the board.        1,571        

      Each board shall conduct an annual audit of itself to        1,573        

evaluate its compliance with the standards REQUIREMENTS for        1,574        

accreditation.  The department may conduct an interim review of    1,575        

any new program or service initiated by a board after its last     1,577        

comprehensive review.  The department may conduct other reviews    1,578        

and investigations as necessary to enforce this section.           1,579        

      (C)  If the department determines through its review of a    1,582        

board that the board is not in compliance with the standards       1,583        

REQUIREMENTS for accreditation, the department shall, except as    1,584        

provided in division (F) of this section, grant the board an       1,586        

opportunity to correct the matters in which it is not in           1,587        

compliance.  The department shall grant the board an appropriate   1,588        

length of time to comply with the standards REQUIREMENTS prior to  1,589        

taking any action to deny accreditation to the board.  To avoid    1,590        

denial of accreditation, the board superintendent shall prepare a  1,592        

plan of correction to remediate the matters specified in the                    

                                                          39     


                                                                 
department's written report as not being in compliance with the    1,593        

standards REQUIREMENTS for accreditation.  The superintendent      1,594        

shall submit the plan to the board for review and the board shall  1,595        

review the plan.  If the board believes that the plan is           1,596        

sufficient to correct the matters, the board shall approve the     1,597        

plan by resolution and submit the plan to the department for its   1,598        

review.  The department shall review the plan of correction.  If   1,599        

the department approves the plan, the board shall commence action  1,600        

to implement the plan.  The department shall, as necessary,        1,601        

conduct follow-up reviews of the board to determine whether it     1,602        

has met the standards REQUIREMENTS for accreditation.  If the      1,603        

plan of correction submitted by a board is disapproved, the        1,604        

department shall inform the board of the reasons for disapproval   1,605        

and may grant the board an opportunity to submit a revised plan    1,606        

of correction.                                                                  

      A board may request technical assistance from the            1,608        

department, other boards, or professional organizations in         1,609        

preparing plans of correction and in implementing plans of         1,610        

correction.                                                        1,611        

      (D)  If, after being given the opportunity to implement a    1,614        

plan of correction, a board continues to fail to meet the          1,615        

standards REQUIREMENTS for accreditation, the department shall     1,617        

issue an order denying accreditation to the board.  The            1,618        

department may deny accreditation to the board for all or part of  1,619        

the programs or services offered by the board.                     1,620        

      The department shall simultaneously notify all of the        1,622        

following officials in the county:  the members of the board of    1,623        

county commissioners, the probate judge, the county auditor, and   1,624        

the president and superintendent of the county board of mental     1,625        

retardation and developmental disabilities.  The notice shall      1,626        

identify the programs and services that have been denied           1,627        

accreditation, the matters in REQUIREMENTS FOR ACCREDITATION WITH  1,628        

which the board is not in compliance with the standards for        1,630        

accreditation, and the responsibilities of the county officials    1,631        

                                                          40     


                                                                 
to contract under division (E)(1) of this section to have the      1,633        

BOARD'S programs and services administered by another party or     1,634        

become subject to administrative receivership under division                    

(E)(2) of this section.                                            1,635        

      A board that has been denied accreditation is not eligible   1,637        

to receive, for the programs and services that are the subject of  1,639        

the denied accreditation, any state or federal funds in an amount  1,640        

that exceeds the amount the board received for the programs and    1,641        

services immediately prior to the date on which the department     1,642        

determined that the board does not meet the standards for          1,643        

accreditation.                                                                  

      (E)(1)  When a board is denied accreditation, the            1,646        

department shall first give the board the option of contracting    1,647        

to have the BOARD'S programs and services that were denied         1,648        

accreditation administered by an accredited county board of        1,649        

mental retardation and developmental disabilities or another       1,650        

qualified entity subject to the approval of the department.  The   1,651        

board may contract with more than one board that has been          1,652        

accredited.  When a board enters into a contract, the board        1,653        

shall, by resolution, give the contractor full administrative      1,654        

authority over the programs and services that were denied          1,655        

accreditation THE CONTRACTOR IS TO ADMINISTER.                                  

      (2)  If a board fails to exercise its option of entering     1,658        

into a contract under division (E)(1) of this section sooner than  1,660        

thirty days after the department denies accreditation, the                      

department shall appoint an administrative receiver of the         1,661        

BOARD'S programs and services that were denied accreditation.      1,662        

The department may appoint employees of the department,            1,664        

management personnel from county boards of mental retardation and  1,665        

developmental disabilities, or individuals from other entities as  1,667        

necessary to meet its needs for appointing an administrative                    

receiver, except that individuals from other entities may be       1,668        

appointed only when qualified department employees or board        1,669        

management personnel are unavailable.  The department may not      1,670        

                                                          41     


                                                                 
appoint an individual who is employed by or affiliated with an     1,671        

entity that is under contract with the board.  The administrative  1,673        

receiver shall assume full administrative responsibility for the   1,674        

BOARD'S programs and services that were denied accreditation.      1,675        

      (3)  The board or entity that contracts with a board under   1,678        

division (E)(1) of this section, or the administrative receiver    1,679        

appointed under division (E)(2) of this section, shall develop     1,681        

and implement a plan of correction to remediate the matters that   1,682        

caused the department to deny accreditation.  The contractor or    1,683        

administrative receiver shall submit the plan to the department    1,684        

and the department shall review the plan.  If the plan is          1,685        

approved by the department, the contractor or administrative       1,686        

receiver shall commence action to implement the plan.  The         1,687        

contractor or administrative receiver shall report to the          1,688        

department any findings it can make pertaining to issues or                     

circumstances that are beyond the control of the board and result  1,690        

in the unlikelihood that compliance with the standards                          

REQUIREMENTS for accreditation can be achieved unless the issues   1,691        

or circumstances are remediated.                                   1,692        

      (4)  For purposes of divisions (E)(1) and (2) of this        1,695        

section, the department shall require the board that has been      1,696        

denied accreditation to transfer control of state and federal      1,697        

funds it is eligible to receive for the BOARD'S programs and       1,698        

services that have been denied accreditation in an amount          1,699        

necessary for the contractor or administrative receiver to         1,700        

fulfill its duties in administering the programs and services for  1,701        

the board.  The transfer of control of funds does not cause any    1,702        

programs and services of the board that are accredited to lose     1,703        

their accreditation.  If the board refuses to transfer control of  1,704        

funds, the department may withhold state and federal funds from    1,705        

the board in an amount necessary for the contractor or             1,706        

administrative receiver to fulfill its duties.  The amount         1,707        

transferred or withheld from a board shall include reimbursements  1,709        

for the personnel of the contractor or administrative receiver,    1,710        

                                                          42     


                                                                 
including amounts for time worked, travel, and related expenses.   1,711        

      A contractor or administrative receiver that has assumed     1,714        

the administration of a board's programs and services has the      1,715        

right to authorize the payment of bills in the same manner that a  1,716        

board may authorize payment of bills under this chapter and        1,717        

section 319.16 of the Revised Code.                                             

      (F)  When the department's review of a board reveals         1,720        

serious health and safety issues within the programs and services  1,721        

offered by the board, the department shall order the board to      1,722        

correct the violations immediately or appoint an administrative    1,723        

receiver.                                                                       

      (G)  At any time a board can demonstrate that it is capable  1,726        

of assuming its duties in compliance with the department's         1,727        

standards REQUIREMENTS for accreditation, the department shall     1,729        

reverse its order denying accreditation and issue evidence of      1,730        

accreditation to the board.                                                     

      A board may appeal the department's denial of accreditation  1,732        

or refusal to reverse a denial of accreditation only by filing a   1,733        

complaint under section 5123.043 of the Revised Code.  If in its   1,735        

appeal the board can demonstrate that it is capable of assuming    1,736        

its duties in compliance with the department's standards           1,737        

REQUIREMENTS for accreditation, the department shall reverse its   1,739        

order denying accreditation and shall issue evidence of            1,740        

accreditation to the board.                                                     

      (H)  All notices issued to a board by the department under   1,743        

this section shall be delivered to the board's president and       1,744        

superintendent.                                                                 

      (I)  A board's president may designate another member of     1,747        

the board as the individual to be responsible for fulfilling all   1,748        

or part of the president's responsibilities established under      1,749        

this section.                                                      1,750        

      Sec. 5126.082.  (A)  In addition to the rules adopted under  1,760        

division (A)(2) of section 5126.08 of the Revised Code             1,762        

establishing standards to be followed by county boards of mental   1,763        

                                                          43     


                                                                 
retardation and developmental disabilities in administering,       1,764        

providing, arranging, and operating programs and services and in   1,765        

addition to the board accreditation system established under       1,766        

section 5126.081 of the Revised Code, the director of mental       1,768        

retardation and developmental disabilities shall adopt rules in    1,769        

accordance with Chapter 119. of the Revised Code establishing      1,771        

standards for promoting and advancing the quality of life of       1,772        

individuals with mental retardation and developmental              1,773        

disabilities receiving any of the following:                       1,774        

      (1)  Early childhood services pursuant to section 5126.05    1,776        

of the Revised Code for children under age three;                  1,779        

      (2)  Adult services pursuant to section 5126.05 and          1,781        

division (B) of section 5126.051 of the Revised Code for           1,784        

individuals age sixteen or older;                                  1,785        

      (3)  Family support services pursuant to section 5126.11 of  1,788        

the Revised Code.                                                  1,789        

      (B)  The rules adopted under this section shall specify the  1,792        

actions county boards of mental retardation and developmental      1,793        

disabilities and the agencies with which they contract should      1,794        

take to do the following:                                          1,795        

      (1)  Offer individuals with mental retardation and           1,797        

developmental disabilities, and their families when appropriate,   1,798        

choices in programs and services that are centered on the needs    1,799        

and desires of those individuals;                                  1,800        

      (2)  Maintain infants with their families whenever possible  1,803        

by collaborating with other agencies that provide services to      1,804        

infants and their families and taking other appropriate actions;   1,805        

      (3)  Provide families that have children with mental         1,807        

retardation and developmental disabilities under age eighteen      1,808        

residing in their homes the resources necessary to allow the       1,809        

children to remain in their homes;                                 1,810        

      (4)  Create and implement community employment services      1,812        

based on the needs and desires of adults with mental retardation   1,813        

and developmental disabilities;                                    1,814        

                                                          44     


                                                                 
      (5)  Create, in collaboration with other agencies,           1,816        

transportation systems that provide safe and accessible            1,817        

transportation within the county to individuals with               1,818        

disabilities;                                                      1,819        

      (6)  Provide services that allow individuals with            1,821        

disabilities to be integrated into the community by engaging in    1,822        

educational, vocational, and recreational activities with          1,823        

individuals who are not handicapped;                               1,824        

      (7)  Provide age-appropriate retirement services for         1,826        

individuals age sixty-five and older with mental retardation and   1,827        

developmental disabilities;                                        1,828        

      (8)  Establish residential services and supported living     1,831        

for individuals with mental retardation and developmental                       

disabilities in accordance with their needs.                       1,832        

      (C)  To assist in funding programs and services that meet    1,835        

the standards established under this section, each county board    1,836        

of mental retardation and developmental disabilities shall make a  1,837        

good faith effort to acquire available federal funds, including    1,838        

reimbursements under Title XIX of the "Social Security Act," 49    1,840        

79 Stat. 620 (1935) 286 (1965), 42 U.S.C.A. 301 1396, as amended.  1,841        

      (D)  Each county board of mental retardation and             1,844        

developmental disabilities shall work toward full compliance with  1,845        

the standards established under this section, based on its         1,846        

available resources.  Funds received under this chapter shall be   1,847        

used to comply with the standards.  Annually, each board shall     1,848        

submit a report to the department of mental retardation and        1,849        

developmental disabilities regarding CONDUCT A SELF AUDIT TO       1,850        

EVALUATE the board's progress in complying fully with the          1,851        

standards.                                                                      

      (E)  The department shall complete a program quality review  1,855        

of each county board of mental retardation and developmental       1,856        

disabilities to determine the extent to which the board has        1,857        

complied with the standards.  The review shall be conducted in     1,858        

conjunction with the comprehensive accreditation review of the     1,859        

                                                          45     


                                                                 
board that is conducted under section 5126.081 of the Revised      1,861        

Code.                                                                           

      Notwithstanding any provision of this chapter or Chapter     1,864        

5123. of the Revised Code requiring the department to distribute   1,866        

funds to county boards of mental retardation and developmental     1,867        

disabilities, the department may withhold funds from a board if    1,868        

it finds that the board is not in substantial compliance with the  1,869        

standards established under this section.                          1,870        

      (F)  When the standards for accreditation from the           1,873        

commission on accreditation of rehabilitation facilities, or       1,874        

another accrediting agency, meet or exceed the standards           1,875        

established under this section, the director may accept            1,876        

accreditation from the commission or other agency as evidence      1,877        

that the board is in compliance with all or part of the standards  1,878        

established under this section.  Programs and services accredited  1,879        

by the commission or agency are exempt from the program quality    1,880        

reviews required by division (E) of this section.                  1,881        

      Sec. 5126.252.  NOTWITHSTANDING SECTIONS 5123.082, 5126.25,  1,883        

AND 5126.26 OF THE REVISED CODE, THE DEPARTMENT OF MENTAL          1,884        

RETARDATION AND DEVELOPMENTAL DISABILITIES MAY AUTHORIZE COUNTY    1,885        

BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO     1,886        

ESTABLISH AND ADMINISTER IN THEIR COUNTIES PROGRAMS FOR THE        1,887        

CERTIFICATION AND REGISTRATION OF PERSONS FOR EMPLOYMENT BY THE    1,888        

BOARDS AND ENTITIES CONTRACTING WITH THE BOARDS.  A CERTIFICATE                 

OR EVIDENCE OF REGISTRATION ISSUED BY A BOARD PARTICIPATING IN A   1,889        

PILOT PROJECT UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND     1,890        

EFFECT AS A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY THE  1,891        

DEPARTMENT UNDER SECTION 5123.082 OR 5126.25 OF THE REVISED CODE.  1,892        

      Sec. 5126.28.  (A)  As used in this section:                 1,901        

      (1)  "Applicant" means a person who is under final           1,903        

consideration for appointment or employment in a position with a   1,904        

county board of mental retardation and developmental               1,905        

disabilities.                                                      1,906        

      (2)  "Criminal records check" has the same meaning as in     1,908        

                                                          46     


                                                                 
section 109.572 of the Revised Code.                               1,909        

      (3)  "Minor drug possession offense" has the same meaning    1,911        

as in section 2925.01 of the Revised Code.                         1,912        

      (B)  The superintendent of a county board of mental          1,914        

retardation and developmental disabilities shall request the       1,915        

superintendent of the bureau of criminal identification and        1,916        

investigation to conduct a criminal records check with respect to  1,917        

any applicant who has applied to the board for employment in any   1,918        

position, except that a county board superintendent is not         1,919        

required to request a criminal records check for an employee of    1,920        

the board who is being considered for a different position or is   1,921        

returning after a leave of absence or seasonal break in            1,922        

employment, as long as the superintendent has no reason to         1,923        

believe that the employee has committed any of the offenses        1,924        

listed or described in division (E) of this section.               1,925        

      If the applicant does not present proof that the applicant   1,928        

has been a resident of this state for the five-year period         1,929        

immediately prior to the date upon which the criminal records      1,930        

check is requested, the county board superintendent shall request  1,931        

that the superintendent of the bureau obtain information from the  1,932        

federal bureau of investigation as a part of the criminal records  1,933        

check for the applicant.  If the applicant presents proof that     1,934        

the applicant has been a resident of this state for that           1,935        

five-year period, the county board superintendent may request      1,936        

that the superintendent of the bureau include information from     1,937        

the federal bureau of investigation in the criminal records        1,938        

check.  For purposes of this division, an applicant may provide    1,939        

proof of residency in this state by presenting, with a notarized   1,940        

statement asserting that the applicant has been a resident of      1,941        

this state for that five-year period, a valid driver's license,    1,942        

notification of registration as an elector, a copy of an           1,943        

officially filed federal or state tax form identifying the         1,944        

applicant's permanent residence, or any other document the         1,945        

superintendent considers acceptable.                                            

                                                          47     


                                                                 
      (C)  The county board superintendent shall provide to each   1,947        

applicant a copy of the form prescribed pursuant to division       1,949        

(C)(2)(1) of section 109.572 of the Revised Code, provide to each  1,950        

applicant a standard impression sheet ANY MATERIAL NEEDED to       1,951        

obtain fingerprint impressions prescribed pursuant to division     1,952        

(C)(2) of section 109.572 of the Revised Code, obtain the          1,953        

completed form and impression sheet MATERIAL from each applicant,  1,954        

and forward the completed form and impression sheet MATERIAL to    1,956        

the superintendent of the bureau of criminal identification and    1,958        

investigation at the time the criminal records check is            1,959        

requested.                                                                      

      Any applicant who receives pursuant to this division a copy  1,961        

of the form prescribed pursuant to division (C)(1) of section      1,962        

109.572 of the Revised Code and a copy of an impression sheet      1,963        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   1,964        

pursuant to division (C)(2) of that section and who is requested   1,966        

to complete the form and provide a set of fingerprint impressions  1,967        

shall complete the form or provide all the information necessary   1,968        

to complete the form and shall provide the impression sheet        1,969        

MATERIAL with the impressions of the applicant's fingerprints.     1,970        

If an applicant, upon request, fails to provide the information    1,971        

necessary to complete the form or fails to provide impressions of  1,972        

the applicant's fingerprints, the county board superintendent      1,973        

shall not employ that applicant.                                   1,974        

      (D)  A county board superintendent may request any other     1,976        

state or federal agency to supply the board with a written report  1,978        

regarding the criminal record of each applicant.  With regard to                

an applicant who becomes a board employee, if the employee holds   1,980        

an occupational or professional license or other credentials, the               

superintendent may request that the state or federal agency that   1,981        

regulates the employee's occupation or profession supply the       1,982        

board with a written report of any information pertaining to the   1,983        

employee's criminal record that the agency obtains in the course   1,984        

of conducting an investigation or in the process of renewing the   1,985        

                                                          48     


                                                                 
employee's license or other credentials.                                        

      (E)  Except as provided in division (K)(2) of this section   1,987        

and in rules adopted by the department of mental retardation and   1,988        

developmental disabilities in accordance with division (M) of      1,989        

this section, no county board of mental retardation and            1,990        

developmental disabilities shall employ a person to fill a         1,991        

position with the board who has been convicted of or pleaded       1,992        

guilty to any of the following:                                    1,993        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       1,995        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,996        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     1,998        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     1,999        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  2,000        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     2,001        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    2,002        

2925.06, or 3716.11 of the Revised Code, a violation of section    2,003        

2905.04 of the Revised Code as it existed prior to July 1, 1996,                

a violation of section 2919.23 of the Revised Code that would      2,004        

have been a violation of section 2905.04 of the Revised Code as    2,005        

it existed prior to July 1, 1996, had the violation occurred       2,006        

prior to that date, a violation of section 2925.11 of the Revised  2,007        

Code that is not a minor drug possession offense, or felonious     2,008        

sexual penetration in violation of former section 2907.12 of the   2,009        

Revised Code;                                                                   

      (2)  A felony contained in the Revised Code that is not      2,011        

listed in this division, if the felony bears a direct and          2,012        

substantial relationship to the duties and responsibilities of     2,013        

the position being filled;                                         2,014        

      (3)  A violation of an existing or former MUNICIPAL          2,016        

ORDINANCE OR law of this state, any other state, or the United     2,017        

States, if the offense is substantially equivalent to any of the   2,018        

offenses described in division (E)(1) or (2) of this section.      2,019        

      (F)  Prior to employing an applicant, the county board       2,021        

superintendent shall require the applicant to submit a statement   2,022        

                                                          49     


                                                                 
with the applicant's signature attesting that the applicant has    2,023        

not been convicted of or pleaded guilty to any of the offenses     2,024        

described in division (E) of this section.  The superintendent     2,025        

also shall require the applicant to sign an agreement under which  2,027        

the applicant agrees to notify the superintendent if while                      

employed by the board the person APPLICANT is ever formally        2,028        

charged for any of the offenses listed or described in division    2,030        

(E) of this section.  The agreement shall inform the applicant     2,032        

that failure to report formal charges may result in being                       

dismissed from employment.                                         2,033        

      (G)  A county board of mental retardation and developmental  2,036        

disabilities shall pay to the bureau of criminal identification    2,037        

and investigation the fee prescribed pursuant to division          2,038        

(C)(2)(3) of section 109.572 of the Revised Code for each          2,039        

criminal records check requested and conducted pursuant to this                 

section.                                                           2,040        

      (H)(1)  Any report obtained pursuant to this section is not  2,042        

a public record for purposes of section 149.43 of the Revised      2,043        

Code and shall not be made available to any person, other than     2,044        

the applicant who is the subject of the records check or criminal  2,045        

records check or the applicant's representative, the board         2,046        

requesting the records check or criminal records check or its      2,047        

representative, the department of mental retardation and           2,049        

developmental disabilities, and any court, hearing officer, or     2,050        

other necessary individual involved in a case dealing with the     2,051        

denial of employment to the applicant or the denial, suspension,   2,052        

or revocation of a certificate or evidence of registration under   2,053        

section 5126.25 of the Revised Code.                               2,054        

      (2)  An individual for whom a county board superintendent    2,056        

has obtained reports under this section may submit a written       2,057        

request to the county board to have copies of the reports sent to  2,059        

any state agency, entity of local government, or private entity.   2,060        

The individual shall specify in the request the entities to which  2,061        

the copies are to be sent.  On receiving the request, the county   2,062        

                                                          50     


                                                                 
board shall send copies of the reports to the entities specified.  2,063        

      A county board may request that a state agency, entity of    2,065        

local government, or private entity send copies to the board of    2,066        

any report regarding a records check or criminal records check     2,067        

that the entity possesses, if the county board obtains the         2,068        

written consent of the individual who is the subject of the        2,069        

report.                                                            2,070        

      (I)  Each county board superintendent shall request the      2,072        

registrar of motor vehicles to supply the superintendent with a    2,073        

certified abstract regarding the record of convictions for         2,074        

violations of motor vehicle laws of each applicant who will be     2,075        

required by the applicant's employment to transport individuals    2,076        

with mental retardation or developmental disabilities or to        2,077        

operate the board's vehicles for any other purpose.  For each      2,078        

abstract provided under this section, the board shall pay the      2,079        

amount specified in section 4509.05 of the Revised Code.           2,080        

      (J)  The county board superintendent shall provide each      2,082        

applicant with a copy of any report or abstract obtained about     2,083        

the applicant under this section.  The AT THE REQUEST OF THE       2,084        

DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,     2,085        

THE superintendent also shall provide the department of mental     2,087        

retardation and developmental disabilities DIRECTOR with a copy    2,088        

of each A report or abstract obtained under this section.          2,090        

      (K)(1)  The county board superintendent shall inform each    2,092        

person, at the time of the person's initial application for        2,093        

employment, that the person is required to provide a set of        2,094        

impressions of the person's fingerprints and that a criminal       2,095        

records check is required to be conducted and satisfactorily       2,096        

completed in accordance with section 109.572 of the Revised Code   2,097        

if the person comes under final consideration for appointment or   2,098        

employment as a precondition to employment for that position.      2,099        

      (2)  A board may employ an applicant pending receipt of      2,102        

reports requested under this section.  The board shall terminate   2,103        

employment of any such applicant if it is determined from the      2,104        

                                                          51     


                                                                 
reports that the applicant failed to inform the county board that  2,105        

the applicant had been convicted of or pleaded guilty to any of                 

the offenses listed or described in division (E) of this section.  2,106        

      (L)  The board may charge an applicant a fee for costs it    2,108        

incurs in obtaining reports, abstracts, or fingerprint             2,109        

impressions under this section.  A fee charged under this          2,110        

division shall not exceed the amount of the fees the board pays    2,111        

under divisions (G) and (I) of this section.  If a fee is charged  2,112        

under this division, the board shall notify the applicant of the   2,113        

amount of the fee at the time of the applicant's initial           2,114        

application for employment and that unless the fee is paid, the    2,115        

board will not consider the applicant for employment.              2,116        

      (M)  The department of mental retardation and developmental  2,118        

disabilities shall adopt rules pursuant to Chapter 119. of the     2,119        

Revised Code to implement this section and section 5126.281 of     2,120        

the Revised Code, including rules specifying circumstances under   2,121        

which a county board or contracting entity may hire a person who   2,122        

has been convicted of an offense listed or described in division   2,123        

(E) of this section but who meets standards in regard to           2,124        

rehabilitation set by the department.                              2,125        

      Sec. 5126.281.  (A)  As used in this section, "contracting:  2,134        

      (1)  "CONTRACTING entity" means an entity under contract     2,137        

with a county board of mental retardation and developmental        2,138        

disabilities for the provision of direct SPECIALIZED services to   2,139        

individuals with mental retardation or a developmental             2,141        

disability.                                                                     

      (2)  "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT          2,143        

POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE      2,144        

OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL  2,145        

OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A          2,146        

DEVELOPMENTAL DISABILITY.                                          2,147        

      (3)  "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE     2,149        

DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL   2,150        

RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR  2,151        

                                                          52     


                                                                 
SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE         2,152        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.   2,153        

IF THERE IS A QUESTION AS TO WHETHER A CONTRACTING ENTITY IS       2,154        

PROVIDING SPECIALIZED SERVICES, THE CONTRACTING ENTITY MAY         2,155        

REQUEST THAT THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL  2,156        

DISABILITIES MAKE A DETERMINATION.  THE DIRECTOR'S DETERMINATION   2,157        

IS FINAL.                                                                       

      (B)  Each (1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF      2,160        

THIS SECTION, EACH contracting entity shall conduct background     2,161        

investigations in the same manner county boards conduct            2,162        

investigations under section 5126.28 of the Revised Code of all    2,163        

persons under final consideration for employment with the          2,164        

contracting entity in a DIRECT SERVICES position that involves     2,165        

providing services directly to individuals with mental             2,167        

retardation or a developmental disability, except that a           2,168        

contracting entity is not required to request a criminal records   2,169        

check for a direct services employee of the entity who is being    2,170        

considered for a different direct services position or is          2,171        

returning after a leave of absence or seasonal break in                         

employment, as long as the contracting entity has no reason to     2,172        

believe that the employee has committed any of the offenses        2,173        

listed or described in division (E) of section 5126.28 of the      2,174        

Revised Code.  On request, the county board shall assist a         2,175        

contracting entity in obtaining reports from the bureau of         2,176        

criminal identification and investigation or any other state or    2,177        

federal agency and in obtaining abstracts from the registrar of    2,178        

motor vehicles.                                                                 

      (2)  A CONTRACTING ENTITY IS NOT REQUIRED TO REQUEST A       2,180        

CRIMINAL RECORDS CHECK FOR EITHER OF THE FOLLOWING:                2,181        

      (a)  AN EMPLOYEE OF THE ENTITY WHO IS IN A DIRECT SERVICES   2,183        

POSITION AND BEING CONSIDERED FOR A DIFFERENT DIRECT SERVICES      2,184        

POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL      2,186        

BREAK IN EMPLOYMENT, AS LONG AS THE CONTRACTING ENTITY HAS NO      2,187        

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       2,188        

                                                          53     


                                                                 
OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF SECTION 5126.28    2,189        

OF THE REVISED CODE;                                                            

      (b)  A PERSON WHO WILL PROVIDE ONLY RESPITE CARE UNDER A     2,191        

FAMILY SUPPORT SERVICES PROGRAM ESTABLISHED UNDER SECTION 5126.11  2,192        

OF THE REVISED CODE, IF THE PERSON IS SELECTED BY A FAMILY MEMBER  2,194        

OF THE INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL                    

DISABILITY WHO IS TO RECEIVE THE RESPITE CARE.                     2,196        

      (C)  No contracting entity shall place a person in a DIRECT  2,199        

SERVICES position that involves providing services directly to     2,200        

individuals with mental retardation or a developmental disability  2,201        

if the person has been convicted of or pleaded guilty to any       2,202        

offense listed or described in division (E) of section 5126.28 of  2,203        

the Revised Code, unless the person meets the standards for        2,204        

rehabilitation established by rules adopted under section 5126.28  2,205        

of the Revised Code.                                               2,206        

      (D)  A contracting entity may place a person in a DIRECT     2,208        

SERVICES position that involves providing services directly to an  2,209        

individual with mental retardation or a developmental disability   2,210        

pending receipt of information concerning the person's background  2,212        

investigation from the bureau of criminal identification and       2,213        

investigation, the registrar of motor vehicles, or any other       2,214        

state or federal agency if the person submits to the contracting   2,215        

entity a statement with the person's signature that the person     2,217        

has not been convicted of or pleaded guilty to any of the          2,218        

offenses listed or described in division (E) of section 5126.28    2,219        

of the Revised Code.  No contracting entity shall fail to          2,220        

terminate the placement of such person if the contracting entity   2,221        

is informed that the person has been convicted of or pleaded       2,222        

guilty to any of the offenses listed or described in division (E)  2,223        

of section 5126.28 of the Revised Code.                            2,224        

      (E)  Prior to employing a person in a direct services        2,226        

position, the contracting entity shall require the person to       2,227        

submit a statement with the applicant's signature attesting that   2,228        

the applicant has not been convicted of or pleaded guilty to any   2,229        

                                                          54     


                                                                 
of the offenses listed or described in division (E) of section     2,230        

5126.28 of the Revised Code.  The contracting entity also shall                 

require the person to sign an agreement to notify the contracting  2,231        

entity if while employed by the entity the person is ever          2,232        

formally charged for any of the offenses listed or described in    2,233        

division (E) of section 5126.28 of the Revised Code.  The          2,234        

agreement shall inform the person that failure to report formal    2,235        

charges may result in being dismissed from employment.                          

      (F)  A county board may take appropriate action against a    2,237        

contracting entity that violates this section, including           2,239        

terminating the contracting entity's contract with the board.      2,240        

      Section 2.  That existing sections 109.57, 109.572,          2,242        

5123.02, 5123.05, 5123.18, 5123.183, 5126.081, 5126.082, 5126.28,  2,243        

and 5126.281 and sections 5123.081 and 5126.252 of the Revised     2,244        

Code are hereby repealed.                                          2,245        

      Section 3.  Section 5123.081 of the Revised Code, as         2,247        

repealed and reenacted by this act, applies only to persons who    2,248        

apply for appointment to or employment with the Department of      2,249        

Mental Retardation and Developmental Disabilities on or after the  2,250        

effective date of this act.                                        2,251        

      Section 4.  The Joint Council on Mental Retardation and      2,253        

Developmental Disabilities is retained pursuant to division (D)    2,254        

of section 101.84 of the Revised Code and, pursuant to that        2,255        

section, expires on December 31, 2005.                             2,256        

      Section 5.  As used in this section, "contractor" means a    2,258        

person or government agency that has entered into a contract with  2,259        

the Department of Mental Retardation and Developmental             2,260        

Disabilities under section 5123.18 of the Revised Code to provide  2,261        

residential services to individuals with mental retardation or     2,262        

developmental disabilities.                                        2,263        

      A contractor is not required to repay the Department of      2,265        

Mental Retardation and Developmental Disabilities the amount the   2,266        

contractor received from the Department pursuant to a retroactive  2,267        

rate increase the Department issued in April 1997.  If, prior to   2,268        

                                                          55     


                                                                 
the effective date of this act, a contractor repaid the            2,269        

Department the amount it received pursuant to that retroactive     2,270        

rate increase, the Department shall return the payment to the      2,271        

contractor.  Neither that retroactive rate increase nor a payment  2,272        

the Department returns to a contractor under this section is an    2,273        

amount payable to the state for the purpose of section 131.02 of   2,274        

the Revised Code or subject to a reconciliation under division     2,275        

(O) of section 5123.18 of the Revised Code.                        2,276        

      Section 6.  The repeal and reenactment of section 5126.252   2,278        

of the Revised Code by this act revives that section, except that  2,279        

this act makes that section permanent and does not limit the       2,280        

programs established under that section to pilot projects.         2,281        

      Section 7.  Section 109.57 of the Revised Code is presented  2,283        

in this act as a composite of the section as amended by both Am.   2,285        

Sub. H.B. 3 and Am. Sub. H.B. 282 of the 123rd General Assembly,                

with the new language of neither of the acts shown in capital      2,286        

letters.  This is in recognition of the principle stated in        2,287        

division (B) of section 1.52 of the Revised Code that such         2,288        

amendments are to be harmonized where not substantively            2,289        

irreconcilable and constitutes a legislative finding that such is  2,290        

the resulting version in effect prior to the effective date of     2,291        

this act.