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
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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
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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
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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
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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
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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
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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
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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
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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.
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(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
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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
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(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
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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
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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
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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.