As Reported by House State Government Committee           1            

123rd General Assembly                                             4            

   Regular Session                        Sub. 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, 109.58, 109.59,    11           

                109.60, 173.41, 2151.86, 3301.32, 3301.541,        12           

                3301.88, 3319.39, 3701.881, 3712.09, 3721.121,                  

                3722.151, 5104.012, 5104.013, 5123.01, 5123.02,    14           

                5123.041, 5123.042, 5123.05, 5123.082, 5123.09,                 

                5123.092, 5123.11, 5123.17, 5123.18, 5123.181,     15           

                5123.183, 5123.19, 5123.21, 5123.27, 5123.34,                   

                5123.351, 5123.353, 5123.55, 5123.62, 5123.63,     17           

                5123.67, 5123.801, 5123.85, 5123.89, 5123.93,                   

                5126.02, 5126.023, 5126.042, 5126.044, 5126.081,   19           

                5126.082, 5126.12, 5126.13, 5126.28, 5126.281,                  

                5126.357, and 5153.111; to amend, for the purpose  22           

                of adopting new section numbers as indicated in                 

                parentheses, sections 5123.05 (5123.06) and        23           

                5123.183 (5123.051); to enact new sections         24           

                5123.05, 5123.081, and 5126.252; and to repeal     26           

                sections 5123.081, 5123.16, 5123.231, and                       

                5126.252 of the Revised Code to revise the law     28           

                governing the Department of Mental Retardation                  

                and Developmental Disabilities and county boards   29           

                of mental retardation and developmental            30           

                disabilities and the law governing criminal                     

                records checks conducted by the Bureau of          31           

                Criminal Identification and Investigation.                      




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        33           

      Section 1.  That sections 109.57, 109.572, 109.58, 109.59,   35           

                                                          2      


                                                                 
109.60, 173.41, 2151.86, 3301.32, 3301.541, 3301.88, 3319.39,      37           

3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013,         38           

5123.01, 5123.02, 5123.041, 5123.042, 5123.05, 5123.082, 5123.09,  39           

5123.092, 5123.11, 5123.17, 5123.18, 5123.181, 5123.183, 5123.19,  40           

5123.21, 5123.27, 5123.34, 5123.351, 5123.353, 5123.55, 5123.62,   41           

5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 5123.93, 5126.02,    42           

5126.023, 5126.042, 5126.044, 5126.081, 5126.082, 5126.12,         44           

5126.13, 5126.28, 5126.281, 5126.357, and 5153.111 be amended;     46           

sections 5123.05 (5123.06) and 5123.183 (5123.051) be amended for  47           

the purpose of adopting new section numbers as indicated in        48           

parentheses; and new sections 5123.05, 5123.081, and 5126.252 of   50           

the Revised Code be enacted to read as follows:                                 

      Sec. 109.57.  (A)(1)  The superintendent of the bureau of    61           

criminal identification and investigation shall procure from       62           

wherever procurable and file for record photographs, pictures,     64           

descriptions, fingerprints, measurements, and other information    65           

that may be pertinent of all persons who have been convicted of    66           

committing within this state a felony, any crime constituting a    68           

misdemeanor on the first offense and a felony on subsequent                     

offenses, or any misdemeanor described in division (A)(1)(a) of    70           

section 109.572 of the Revised Code, of all children under         71           

eighteen years of age who have been adjudicated delinquent         72           

children for committing within this state an act that would be a   73           

felony or an offense of violence if committed by an adult or who   74           

have been convicted of or pleaded guilty to committing within      76           

this state a felony or an offense of violence, and of all          77           

well-known and habitual criminals.  The person in charge of any    79           

county, multicounty, municipal, municipal-county, or               80           

multicounty-municipal jail or workhouse, community-based           81           

correctional facility, halfway house, alternative residential      82           

facility, or state correctional institution and the person in      83           

charge of any state institution having custody of a person         84           

suspected of having committed a felony, any crime constituting a   86           

misdemeanor on the first offense and a felony on subsequent                     

                                                          3      


                                                                 
offenses, or any misdemeanor described in division (A)(1)(a) of    88           

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

under eighteen years of age with respect to whom there is          89           

probable cause to believe that the child may have committed an     91           

act that would be a felony or an offense of violence if committed  93           

by an adult shall furnish such material to the superintendent of   95           

the bureau.  Fingerprints, photographs, or other descriptive       97           

information of a child who is under eighteen years of age, has     98           

not been arrested or otherwise taken into custody for committing                

an act that would be a felony or an offense of violence if         100          

committed by an adult, has not been adjudicated a delinquent       101          

child for committing an act that would be a felony or an offense   102          

of violence if committed by an adult, has not been convicted of    103          

or pleaded guilty to committing a felony or an offense of          106          

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

probable cause to believe that the child may have committed an     108          

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

by an adult shall not be procured by the superintendent or         111          

furnished by any person in charge of any county, multicounty,      113          

municipal, municipal-county, or multicounty-municipal jail or      114          

workhouse, community-based correctional facility, halfway house,   115          

alternative residential facility, or state correctional            116          

institution, except as authorized in section 2151.313 of the       117          

Revised Code.                                                                   

      (2)  Every clerk of a court of record in this state, other   120          

than the supreme court or a court of appeals, shall send to the    121          

superintendent of the bureau a weekly report containing a summary  123          

of each case involving a felony, involving any crime constituting  124          

a misdemeanor on the first offense and a felony on subsequent      126          

offenses, involving a misdemeanor described in division (A)(1)(a)  127          

of section 109.572 of the Revised Code, or involving an            128          

adjudication in a case in which a child under eighteen years of    129          

age was alleged to be a delinquent child for committing an act     131          

that would be a felony or an offense of violence if committed by   132          

                                                          4      


                                                                 
an adult.  The clerk of the court of common pleas shall include    134          

in the report and summary the clerk sends under this division all  135          

information described in divisions (A)(2)(a) to (f) of this        136          

section regarding a case before the court of appeals that is       137          

served by that clerk.  The summary shall be written on the         138          

standard forms furnished by the superintendent pursuant to         140          

division (B) of this section and shall include the following       141          

information:                                                                    

      (a)  The incident tracking number contained on the standard  143          

forms furnished by the superintendent pursuant to division (B) of  144          

this section;                                                      145          

      (b)  The style and number of the case;                       147          

      (c)  The date of arrest;                                     149          

      (d)  The date that the person was convicted of or pleaded    151          

guilty to the offense, adjudicated a delinquent child for          152          

committing the act that would be a felony or an offense of         155          

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

offense, or found not to be a delinquent child for committing an   156          

act that would be a felony or an offense of violence if committed  159          

by an adult, the date of an entry dismissing the charge, an entry  161          

declaring a mistrial of the offense in which the person is         162          

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

competent to stand trial, or an entry of a nolle prosequi, or the  163          

date of any other determination that constitutes final resolution  164          

of the case;                                                                    

      (e)  A statement of the original charge with the section of  166          

the Revised Code that was alleged to be violated;                  167          

      (f)  If the person or child was convicted, pleaded guilty,   169          

or was adjudicated a delinquent child, the sentence or terms of    171          

probation imposed or any other disposition of the offender or the  172          

delinquent child.                                                               

      If the offense involved the disarming of a law enforcement   174          

officer or an attempt to disarm a law enforcement officer, the     175          

clerk shall clearly state that fact in the summary, and the        176          

                                                          5      


                                                                 
superintendent shall ensure that a clear statement of that fact    177          

is placed in the bureau's records.                                              

      (3)  The superintendent shall cooperate with and assist      179          

sheriffs, chiefs of police, and other law enforcement officers in  181          

the establishment of a complete system of criminal identification  182          

and in obtaining fingerprints and other means of identification    183          

of all persons arrested on a charge of a felony, any crime         184          

constituting a misdemeanor on the first offense and a felony on    185          

subsequent offenses, or a misdemeanor described in division        186          

(A)(1)(a) of section 109.572 of the Revised Code and of all        187          

children under eighteen years of age arrested or otherwise taken   189          

into custody for committing an act that would be a felony or an    191          

offense of violence if committed by an adult.  The superintendent  193          

also shall file for record the fingerprint impressions of all      194          

persons confined in a county, multicounty, municipal,              195          

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

community-based correctional facility, halfway house, alternative  197          

residential facility, or state correctional institution for the    198          

violation of state laws and of all children under eighteen years   200          

of age who are confined in a county, multicounty, municipal,       201          

municipal-county, or multicounty-municipal jail or workhouse,      202          

community-based correctional facility, halfway house, alternative  203          

residential facility, or state correctional institution or in any  205          

facility for delinquent children for committing an act that would  207          

be a felony or an offense of violence if committed by an adult,    208          

and any other information that the superintendent may receive      210          

from law enforcement officials of the state and its political      211          

subdivisions.                                                                   

      (4)  The superintendent shall carry out Chapter 2950. of     213          

the Revised Code with respect to the registration of persons who   216          

are convicted of or plead guilty to a sexually oriented offense    217          

and with respect to all other duties imposed on the bureau under   218          

that chapter.                                                                   

      (B)  The superintendent shall prepare and furnish to every   220          

                                                          6      


                                                                 
county, multicounty, municipal, municipal-county, or               221          

multicounty-municipal jail or workhouse, community-based           222          

correctional facility, halfway house, alternative residential      223          

facility, or state correctional institution and to every clerk of  224          

a court in this state specified in division (A)(2) of this         225          

section standard forms for reporting the information required      226          

under division (A) of this section.  The standard forms that the   228          

superintendent prepares pursuant to this division may be in a      229          

tangible format, in an electronic format, or in both tangible      230          

formats and electronic formats.                                                 

      (C)  The superintendent may operate a center for             232          

electronic, automated, or other data processing for the storage    233          

and retrieval of information, data, and statistics pertaining to   234          

criminals and to children under eighteen years of age who are      235          

adjudicated delinquent children for committing an act that would   237          

be a felony or an offense of violence if committed by an adult,    238          

criminal activity, crime prevention, law enforcement, and          241          

criminal justice, and may establish and operate a statewide                     

communications network to gather and disseminate information,      242          

data, and statistics for the use of law enforcement agencies.      243          

The superintendent may gather, store, retrieve, and disseminate    245          

information, data, and statistics that pertain to children who                  

are under eighteen years of age and that are gathered pursuant to  246          

sections 109.57 to 109.61 of the Revised Code together with        247          

information, data, and statistics that pertain to adults and that  248          

are gathered pursuant to those sections.                           249          

      (D)  The information and materials furnished to the          251          

superintendent pursuant to division (A) of this section and        252          

information and materials furnished to any board or person under   253          

division (F) or (G) of this section are not public records under   254          

section 149.43 of the Revised Code.                                255          

      (E)  The attorney general shall adopt rules, in accordance   257          

with Chapter 119. of the Revised Code, setting forth the           258          

procedure by which a person may receive or release information     259          

                                                          7      


                                                                 
gathered by the superintendent pursuant to division (A) of this    261          

section.  A reasonable fee may be charged for this service.  If a  262          

temporary employment service submits a request for a               263          

determination of whether a person the service plans to refer to    264          

an employment position has been convicted of or pleaded guilty to  265          

an offense listed in division (A)(1), (3), (4), or (5) of section  266          

109.572 of the Revised Code, the request shall be treated as a     267          

single request and only one fee shall be charged.                  268          

      (F)(1)  As used in division (F)(2) of this section, "head    270          

start agency" means an entity in this state that has been          271          

approved to be an agency for purposes of subchapter II of the      272          

"Community Economic Development Act," 95 Stat. 489 (1981), 42      273          

U.S.C.A. 9831, as amended.                                         274          

      (2)(a)  In addition to or in conjunction with any request    276          

that is required to be made under section 109.572, 2151.86,        277          

3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013,          278          

5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the  279          

board of education of any school district; THE DIRECTOR OF MENTAL  280          

RETARDATION AND DEVELOPMENTAL DISABILITIES; any county board of    281          

mental retardation and developmental disabilities; any entity      282          

under contract with a county board of mental retardation and       283          

developmental disabilities; the chief administrator of any         284          

chartered nonpublic school; the chief administrator of any home    285          

health agency; the chief administrator of or person operating any  286          

child day-care center, type A family day-care home, or type B      287          

family day-care home licensed or certified under Chapter 5104. of  288          

the Revised Code; the administrator of any type C family day-care  289          

home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st  290          

general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st    291          

general assembly; the chief administrator of any head start        292          

agency; or the executive director of a public children services    293          

agency may request that the superintendent of the bureau           294          

investigate and determine, with respect to any individual who has  295          

applied for employment in any position after October 2, 1989, or   296          

                                                          8      


                                                                 
any individual wishing to apply for employment with a board of     297          

education may request, with regard to the individual, whether the  299          

bureau has any information gathered under division (A) of this     300          

section that pertains to that individual.  On receipt of the       301          

request, the superintendent shall determine whether that ANY       302          

information exists and, upon request of the person, board, or      304          

entity requesting information, also shall request from the         305          

federal bureau of investigation any FINGERPRINT-BASED criminal     306          

records it has pertaining to that individual.  Within thirty days  308          

of the date that the superintendent receives a request, the        310          

superintendent shall send to the board, entity, or person a        311          

report of any information that the superintendent determines       312          

exists, including information contained in records that have been  313          

sealed under section 2953.32 of the Revised Code, and, within      314          

thirty days of its receipt, shall send the board, entity, or       315          

person a report of any FINGERPRINT-BASED information received      316          

from the federal bureau of investigation, other than information   317          

the dissemination of which is prohibited by federal law.           318          

      (b)  When a board of education is required to receive        320          

information under this section as a prerequisite to employment of  321          

an individual pursuant to section 3319.39 of the Revised Code, it  322          

may accept a certified copy of records that were issued by the     324          

bureau of criminal identification and investigation and that are                

presented by an individual applying for employment with the        325          

district in lieu of requesting that information itself.  In such   326          

a case, the board shall accept the certified copy issued by the    327          

bureau in order to make a photocopy of it for that individual's    328          

employment application documents and shall return the certified    329          

copy to the individual.  In a case of that nature, a district      330          

only shall accept a certified copy of records of that nature       331          

within one year after the date of their issuance by the bureau.    333          

      (3)  The state board of education may request, with respect  335          

to any individual who has applied for employment after October 2,  336          

1989, in any position with the state board or the department of    337          

                                                          9      


                                                                 
education, any information that a school district board of         338          

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

section, and the superintendent of the bureau shall proceed as if  341          

the request has been received from a school district board of      342          

education under division (F)(2) of this section.                   343          

      (4)  When the superintendent of the bureau receives a        345          

request for information that is authorized under section 3319.291  346          

of the Revised Code, the superintendent shall proceed as if the    347          

request has been received from a school district board of          348          

education under division (F)(2) of this section.                   349          

      (5)  When a recipient of an OhioReads classroom or           352          

community reading grant paid under section 3301.86 or 3301.87 of   354          

the Revised Code or an entity approved by the OhioReads council    356          

requests, with respect to any individual who applies to            357          

participate in providing any program or service through an entity  359          

approved by the OhioReads council or funded in whole or in part    362          

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

education is authorized to request under division (F)(2)(a) of     364          

this section, the superintendent of the bureau shall proceed as    365          

if the request has been received from a school district board of   367          

education under division (F)(2)(a) of this section.                368          

      (G)  In addition to or in conjunction with any request that  371          

is required to be made under section 173.41, 3701.881, 3712.09,    372          

3721.121, or 3722.151 of the Revised Code with respect to an       374          

individual who has applied for employment in a position that       375          

involves providing direct care to an older adult, the chief                     

administrator of a PASSPORT agency that provides services through  376          

the PASSPORT program created under section 173.40 of the Revised   377          

Code, home health agency, hospice care program, home licensed      379          

under Chapter 3721. of the Revised Code, adult day-care program    380          

operated pursuant to rules adopted under section 3721.04 of the    381          

Revised Code, or adult care facility may request that the          383          

superintendent of the bureau investigate and determine, with       384          

respect to any individual who has applied after January 27, 1997,  386          

                                                          10     


                                                                 
for employment in a position that does not involve providing       387          

direct care to an older adult, whether the bureau has any          388          

information gathered under division (A) of this section that       389          

pertains to that individual.  On receipt of the request, the       390          

superintendent shall determine whether that ANY information        391          

exists and, on request of the administrator requesting             393          

information, shall also request from the federal bureau of         394          

investigation any FINGERPRINT-BASED criminal records it has        395          

pertaining to that individual.  Within thirty days of the date a   397          

request is received, the superintendent shall send to the          398          

administrator a report of any information determined to exist,     399          

including information contained in records that have been sealed   400          

under section 2953.32 of the Revised Code, and, within thirty      401          

days of its receipt, shall send the administrator a report of any  402          

FINGERPRINT-BASED information received from the federal bureau of  403          

investigation, other than information the dissemination of which   405          

is prohibited by federal law.                                      406          

      (H)  Information obtained by a board, administrator, or      409          

other person under this section is confidential and shall not be   410          

released or disseminated.                                                       

      (I)  The superintendent may charge a reasonable fee for      412          

providing information or criminal records under division (F)(2)    413          

or (G) of this section.                                            414          

      Sec. 109.572.  (A)(1)  Upon receipt of a request pursuant    423          

to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012,          424          

5104.013, or 5153.111 of the Revised Code, a completed form        426          

prescribed pursuant to division (C)(1) of this section, and a set  427          

of fingerprint impressions obtained in the manner described in     428          

division (C)(2) of this section, the superintendent of the bureau  429          

of criminal identification and investigation shall conduct a       430          

criminal records check in the manner described in division (B) of  431          

this section to determine whether any information exists that      432          

indicates that the person who is the subject of the request        433          

previously has been convicted of or pleaded guilty to any of the   434          

                                                          11     


                                                                 
following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF     435          

THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE      436          

PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER  437          

SECTION 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,   438          

OR 5153.111 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT      439          

THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:                  440          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       442          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     443          

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     445          

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     446          

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  447          

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     448          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    449          

2925.06, or 3716.11 of the Revised Code, felonious sexual                       

penetration in violation of former section 2907.12 of the Revised  450          

Code, a violation of section 2905.04 of the Revised Code as it     451          

existed prior to July 1, 1996, a violation of section 2919.23 of   452          

the Revised Code that would have been a violation of section       454          

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          455          

violation of section 2925.11 of the Revised Code that is not a     456          

minor drug possession offense;                                     457          

      (b)  A violation of an existing or former law of this        459          

state, any other state, or the United States that is               460          

substantially equivalent to any of the offenses listed in          461          

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

      (2)  On receipt of a request PURSUANT TO SECTION 5123.081    463          

OF THE REVISED CODE WITH RESPECT TO AN APPLICANT FOR EMPLOYMENT    464          

IN ANY POSITION WITH THE DEPARTMENT OF MENTAL RETARDATION AND      465          

DEVELOPMENTAL DISABILITIES, pursuant to section 5126.28 of the     466          

Revised Code with respect to an applicant for employment in any    468          

position with a county board of mental retardation and             469          

developmental disabilities, or pursuant to section 5126.281 of     470          

the Revised Code with respect to an applicant for employment in a  472          

                                                          12     


                                                                 
DIRECT SERVICES position with an entity contracting with a county  473          

board for employment in a position that involves providing         474          

service directly to individuals with mental retardation and        475          

developmental disabilities, a completed form prescribed pursuant   476          

to division (C)(1) of this section, and a set of fingerprint       478          

impressions obtained in the manner described in division (C)(2)    479          

of this section, the superintendent of the bureau of criminal      480          

identification and investigation shall conduct a criminal records  482          

check.  The superintendent shall conduct the criminal records      483          

check in the manner described in division (B) of this section to   484          

determine whether any information exists that indicates that the   485          

person who is the subject of the request has been convicted of or  487          

pleaded guilty to any of the following, AND SHALL FORWARD AS                    

PROVIDED IN DIVISION (A)(7) OF THIS SECTION THE RESULTS OF THE     489          

CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR ENTITY THAT        490          

REQUESTED INFORMATION FOR USE UNDER SECTION 5123.081, 5126.08, OR               

5126.281 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT THAT    492          

SECTION'S DISQUALIFICATION PROVISIONS APPLY:                                    

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       495          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     496          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     497          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     498          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   499          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    500          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    501          

or 3716.11 of the Revised Code;                                    502          

      (b)  An existing or former MUNICIPAL ORDINANCE OR law of     504          

this state, any other state, or the United States that is          505          

substantially equivalent to any of the offenses listed in          506          

division (A)(2)(a) of this section.                                507          

      (3)  On receipt of a request pursuant to section 173.41,     509          

3712.09, 3721.121, or 3722.151 of the Revised Code, a completed    511          

form prescribed pursuant to division (C)(1) of this section, and   512          

a set of fingerprint impressions obtained in the manner described  513          

                                                          13     


                                                                 
in division (C)(2) of this section, the superintendent of the      515          

bureau of criminal identification and investigation shall conduct  516          

a criminal records check with respect to any person who has        517          

applied for employment in a position that involves providing       518          

direct care to an older adult.  The superintendent shall conduct   519          

the criminal records check in the manner described in division     520          

(B) of this section to determine whether any information exists    522          

that indicates that the person who is the subject of the request   523          

previously has been convicted of or pleaded guilty to any of the   524          

following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF     525          

THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE      526          

PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER  527          

SECTION 173.41, 3712.09, 3721.121, OR 3722.151 OF THE REVISED      529          

CODE IN DETERMINING WHETHER OR NOT THAT SECTION'S                  530          

DISQUALIFICATION PROVISIONS APPLY:                                              

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       533          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     534          

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,     535          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  537          

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,     538          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    540          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  541          

      (b)  An existing or former law of this state, any other      544          

state, or the United States that is substantially equivalent to    545          

any of the offenses listed in division (A)(3)(a) of this section.  546          

      (4)  On receipt of a request pursuant to section 3701.881    548          

of the Revised Code with respect to an applicant for employment    550          

with a home health agency as a person responsible for the care,    551          

custody, or control of a child, a completed form prescribed        552          

pursuant to division (C)(1) of this section, and a set of          553          

fingerprint impressions obtained in the manner described in        554          

division (C)(2) of this section, the superintendent of the bureau  555          

                                                          14     


                                                                 
of criminal identification and investigation shall conduct a       556          

criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  558          

this section to determine whether any information exists that      559          

indicates that the person who is the subject of the request        560          

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

following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF     562          

THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE      563          

PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER  564          

SECTION 3701.881 OF THE REVISED CODE IN DETERMINING WHETHER OR     565          

NOT THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:              566          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       568          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     569          

2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,     570          

2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,     571          

2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,   572          

2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,    573          

2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,    574          

2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a     576          

violation of section 2925.11 of the Revised Code that is not a     577          

minor drug possession offense;                                     578          

      (b)  An existing or former law of this state, any other      580          

state, or the United States that is substantially equivalent to    581          

any of the offenses listed in division (A)(4)(a) of this section.  582          

      (5)  On receipt of a request pursuant to section 3701.881    584          

of the Revised Code with respect to an applicant for employment    585          

with a home health agency in a position that involves providing    587          

direct care to an older adult, a completed form prescribed         588          

pursuant to division (C)(1) of this section, and a set of          589          

fingerprint impressions obtained in the manner described in        590          

division (C)(2) of this section, the superintendent of the bureau  591          

of criminal identification and investigation shall conduct a       592          

criminal records check.  The superintendent shall conduct the                   

criminal records check in the manner described in division (B) of  594          

                                                          15     


                                                                 
this section to determine whether any information exists that      595          

indicates that the person who is the subject of the request        596          

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

following, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7) OF     598          

THIS SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE      599          

PERSON, BOARD, OR ENTITY THAT REQUESTED INFORMATION FOR USE UNDER  600          

SECTION 3701.881 OF THE REVISED CODE IN DETERMINING WHETHER OR     601          

NOT THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:              602          

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       605          

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     606          

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,     607          

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  609          

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,     610          

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    612          

2925.22, 2925.23, or 3716.11 of the Revised Code;                  613          

      (b)  An existing or former law of this state, any other      615          

state, or the United States that is substantially equivalent to    616          

any of the offenses listed in division (A)(5)(a) of this section.  617          

      (6)  When conducting a criminal records check upon a         619          

request pursuant to section 3319.39 of the Revised Code for an     620          

applicant who is a teacher, the superintendent shall determine     621          

whether any information exists that indicates that the person who  622          

is the subject of the request previously has been convicted of or  623          

pleaded guilty to any offense specified in section 3319.31 of the  624          

Revised Code.                                                      625          

      (7)  Not later than thirty days after the date the           627          

superintendent receives the request, completed form, and           629          

fingerprint impressions, the superintendent shall send the person  630          

who, BOARD, OR ENTITY THAT made the request any information,       632          

other than information the dissemination of which is prohibited    633          

by federal law, the superintendent determines exists with respect               

to the person who is the subject of the request that indicates     634          

                                                          16     


                                                                 
that the person previously has been convicted of or pleaded        636          

guilty to any offense listed or described in division (A)(1),      637          

(2), (3), (4), or (5) of this section.  The superintendent shall   639          

send the person who, BOARD, OR ENTITY THAT made the request a      640          

copy of the list of offenses specified in division (A)(1), (2),    642          

(3), (4), or (5) of this section.  If the request was made under   643          

section 3701.881 of the Revised Code with regard to an applicant   644          

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

a child and involved in providing direct care to an older adult,   645          

the superintendent shall provide a list of the offenses specified  647          

in divisions (A)(4) and (5) of this section RESULTS OF THE         648          

CRIMINAL RECORDS CHECK FOR USE BY THE PERSON, BOARD, OR ENTITY IN  649          

DETERMINING WHETHER OR NOT DISQUALIFICATION PROVISIONS UNDER AN    650          

APPLICABLE SECTION OF THE REVISED CODE APPLY.                      651          

      (B)  The superintendent shall conduct any criminal records   653          

check requested under section 173.41, 2151.86, 3301.32, 3301.541,  654          

3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,          655          

5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised  656          

Code as follows:                                                   657          

      (1)  The superintendent shall review or cause to be          659          

reviewed any relevant information gathered and compiled by the     660          

bureau under division (A) of section 109.57 of the Revised Code    661          

that relates to the person who is the subject of the request,      662          

including any relevant information contained in records that have  663          

been sealed under section 2953.32 of the Revised Code;.            664          

      (2)  If the request received by the superintendent asks for  666          

FINGERPRINT-BASED information from the federal bureau of           668          

investigation AND THE CRIMINAL RECORDS CHECK REQUESTED IS          669          

MANDATED BY A SECTION OF THE REVISED CODE, the superintendent      670          

shall request from the federal bureau of investigation any         671          

FINGERPRINT-BASED information it has with respect to the person    672          

who is the subject of the request and shall review or cause to be  673          

reviewed any information the superintendent receives from that     674          

bureau.                                                                         

                                                          17     


                                                                 
      (C)(1)  The superintendent shall prescribe a form to obtain  676          

the information necessary to conduct a criminal records check      677          

from any person for whom a criminal records check is required by   678          

section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,     679          

3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,         680          

5126.28, 5126.281, or 5153.111 of the Revised Code.  THE FORM      681          

THAT THE SUPERINTENDENT PRESCRIBES UNDER THIS DIVISION MAY BE IN   682          

A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE    683          

FORMATS AND ELECTRONIC FORMATS.                                                 

      (2)  The superintendent shall prescribe standard impression  685          

sheets OR OTHER METHODS to obtain the fingerprint impressions of   686          

any person for whom a criminal records check is required by        688          

section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,     689          

3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081,         690          

5126.28, 5126.281, or 5153.111 of the Revised Code OR OF ANY       691          

PERSON FOR WHOM ANY OTHER CRIMINAL RECORDS CHECK IS REQUESTED OF   692          

THE SUPERINTENDENT FOR EMPLOYMENT OR LICENSING PURPOSES.  Any      693          

person for whom a records check is required by any of those        694          

sections shall obtain the fingerprint impressions at a county      695          

sheriff's office, municipal police department, or any other        696          

entity with the ability to make fingerprint impressions on the     697          

standard impression sheets OR BY ANOTHER METHOD prescribed by the  699          

superintendent.  The office, department, or entity may charge the  700          

person a reasonable fee for making the impressions.  THE STANDARD  701          

IMPRESSION SHEETS OR OTHER METHODS THAT THE SUPERINTENDENT         702          

PRESCRIBES UNDER THIS DIVISION FOR OBTAINING FINGERPRINT                        

IMPRESSIONS MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT,  703          

OR IN BOTH TANGIBLE AND ELECTRONIC FORMATS.                        704          

      (3)  Subject to division (D) of this section, the            706          

superintendent shall prescribe and charge a reasonable fee for     707          

providing a criminal records check requested under section         708          

173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,    709          

3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28,         710          

5126.281, or 5153.111 of the Revised Code.  The person making a    712          

                                                          18     


                                                                 
criminal records request under section 173.41, 2151.86, 3301.32,   713          

3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,          714          

5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of    716          

the Revised Code shall pay the fee prescribed pursuant to this                  

division.  A person making a request under section 3701.881 of     717          

the Revised Code for a criminal records check for an applicant     718          

who may be both responsible for the care, custody, or control of   719          

a child and involved in providing direct care to an older adult    720          

shall pay one fee for the request.                                              

      (D)  A determination whether any information exists that     722          

indicates that a person previously has been convicted of or        723          

pleaded guilty to any offense listed or described in division      724          

(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a)    725          

or (b), or (A)(5)(a) or (b) of this section THE RESULTS OF A       726          

CRIMINAL RECORDS CHECK WITH RESPECT TO A PARTICULAR PERSON that    727          

is made by the superintendent with respect to information          729          

considered in a criminal records check in accordance with this     730          

section is ARE valid for the person who is the subject of the      732          

criminal records check for a period of one year from the date      733          

upon which the superintendent makes the determination RESULTS ARE  734          

FORWARDED UNDER DIVISION (A)(1), (2), (3), (4), OR (5) OF THIS     735          

SECTION TO THE PERSON, BOARD, OR ENTITY THAT REQUESTED THE         736          

CRIMINAL RECORDS CHECK FOR USE IN DETERMINING WHETHER OR NOT                    

DISQUALIFICATION PROVISIONS UNDER AN APPLICABLE SECTION OF THE     738          

REVISED CODE APPLY.  During the period in which the determination  739          

in regard to a person is valid, if IF, WITHIN THAT ONE-YEAR        740          

PERIOD, another request under this section is made for a criminal  742          

records check for that person, the superintendent shall provide    743          

the information that is the basis for the superintendent's         744          

RESULTS OF THAT PERSON'S initial determination CRIMINAL RECORDS    745          

CHECK TO THE PERSON, BOARD, OR ENTITY THAT REQUESTED THE           746          

SUBSEQUENT CRIMINAL RECORDS CHECK at a lower fee than the fee      747          

prescribed for the initial criminal records check.                 748          

      (E)  As used in this section:                                750          

                                                          19     


                                                                 
      (1)  "Criminal records check" means any criminal records     752          

check conducted by the superintendent of the bureau of criminal    754          

identification and investigation in accordance with division (B)   755          

of this section.                                                                

      (2)  "Minor drug possession offense" has the same meaning    757          

as in section 2925.01 of the Revised Code.                         758          

      (3)  "Older adult" means a person age sixty or older.        760          

      Sec. 109.58.  (A)  The superintendent of the bureau of       769          

criminal identification and investigation shall prepare standard   770          

impression sheets on which fingerprints may be made in accordance  771          

with the fingerprint system of identification.  The impression     772          

sheets may provide for other descriptive matter that the           773          

superintendent may prescribe.  The superintendent shall furnish    774          

the impression sheets to each sheriff, chief of police, and        776          

person in charge of every county, multicounty, municipal,          777          

municipal-county, or multicounty-municipal jail or workhouse,      778          

community-based correctional facility, halfway house, alternative               

residential facility, or state correctional institution within     780          

the state.  Upon the request of the board of education of a        781          

school district or of the principal or chief administrative        782          

officer of a nonpublic school, the superintendent shall provide    783          

standard impression sheets to the district or school for use in    784          

their fingerprinting programs under section 3313.96 of the         785          

Revised Code.                                                                   

      (B)  THE SUPERINTENDENT ALSO MAY PRESCRIBE PURSUANT TO       787          

DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE METHODS     789          

FOR CAPTURING, ENTERING, AND TRANSMITTING FINGERPRINT IMPRESSIONS               

AND OTHER DESCRIPTIVE INFORMATION IN AN ELECTRONIC FORMAT.         790          

      Sec. 109.59.  The sheriff, chief of police, or other person  799          

in charge of each prison A JAIL, workhouse, OTHER FACILITY OR      801          

HOUSE, or state correctional institution LISTED IN SECTION 109.58  802          

OF THE REVISED CODE shall send to the bureau of criminal           805          

identification and investigation, on forms STANDARD IMPRESSION     806          

SHEETS furnished by, OR BY ELECTRONIC OR OTHER METHODS PRESCRIBED  807          

                                                          20     


                                                                 
PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED      808          

CODE BY, the superintendent of the bureau, any fingerprint         809          

impressions and other descriptive measurements INFORMATION that    810          

the superintendent may require.  The information shall be filed,   812          

classified, and preserved by the bureau.                                        

      Sec. 109.60.  (A)(1)  The sheriffs of the several counties   821          

and the chiefs of police of cities, immediately upon the arrest    822          

of any person for any felony, on suspicion of any felony, for a    823          

crime constituting a misdemeanor on the first offense and a        824          

felony on subsequent offenses, or for any misdemeanor described    825          

in division (A)(1)(a) of section 109.572 of the Revised Code, and  827          

immediately upon the arrest or taking into custody of any child    829          

under eighteen years of age for committing an act that would be a  832          

felony or an offense of violence if committed by an adult or upon  833          

probable cause to believe that a child of that age may have        835          

committed an act that would be a felony or an offense of violence  837          

if committed by an adult, shall take the person's or child's       838          

fingerprints, or cause the same to be taken, according to the      839          

fingerprint system of identification on the forms furnished by A   840          

METHOD THAT the superintendent of the bureau of criminal           842          

identification and investigation, PRESCRIBES PURSUANT TO DIVISION  843          

(C)(2) OF SECTION 109.572 OF THE REVISED CODE and immediately      844          

shall forward OR TRANSMIT copies of the completed forms,           846          

FINGERPRINT IMPRESSIONS AND any other description DESCRIPTIVE      848          

INFORMATION that may be required, and the history of the offense   850          

committed to the bureau to be classified and filed and to the      852          

clerk of the court having jurisdiction over the prosecution of     853          

the offense or over the adjudication relative to the act.          854          

      (2)  If a sheriff or chief of police has not taken, or       857          

caused to be taken, a person's or child's fingerprints in          858          

accordance with division (A)(1) of this section by the time of     859          

the arraignment or first appearance of the person or child, the    860          

court shall order the person or child to appear before the         861          

sheriff or chief of police within twenty-four hours to have the    862          

                                                          21     


                                                                 
person's or child's fingerprints taken.  The sheriff or chief of   864          

police shall take the person's or child's fingerprints, or cause   865          

the fingerprints to be taken, according to the fingerprint system  866          

of identification on the forms furnished by A METHOD THAT the      867          

superintendent of the bureau of criminal identification and        868          

investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION    869          

109.572 OF THE REVISED CODE and, immediately after the person's    871          

or child's arraignment or first appearance, forward OR TRANSMIT    872          

copies of the completed forms, FINGERPRINT IMPRESSIONS AND any     874          

other description DESCRIPTIVE INFORMATION that may be required,    876          

and the history of the offense committed to the bureau to be       877          

classified and filed and to the clerk of the court.                878          

      (3)  Every court with jurisdiction over a case involving a   880          

person or child with respect to whom division (A)(1) of this       881          

section requires a sheriff or chief of police to take the          883          

person's or child's fingerprints shall inquire at the time of the  884          

person's or child's sentencing or adjudication whether or not the  885          

person or child has been fingerprinted pursuant to division        886          

(A)(1) or (2) of this section for the original arrest upon which   888          

the sentence or adjudication is based.  If the person or child     889          

was not fingerprinted for the original arrest upon which the       890          

sentence or adjudication is based, the court shall order the       891          

person or child to appear before the sheriff or chief of police    892          

within twenty-four hours to have the person's or child's           893          

fingerprints taken.  The sheriff or chief of police shall take     894          

the person's or child's fingerprints, or cause the fingerprints                 

to be taken, according to the fingerprint system of                895          

identification on the forms furnished by A METHOD THAT the         896          

superintendent of the bureau of criminal identification and        898          

investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION    899          

109.572 OF THE REVISED CODE and immediately forward OR TRANSMIT    901          

copies of the completed forms, FINGERPRINT IMPRESSIONS AND any     902          

other description DESCRIPTIVE INFORMATION that may be required,    904          

and the history of the offense committed to the bureau to be       905          

                                                          22     


                                                                 
classified and filed and to the clerk of the court.                             

      (4)  If a person or child is in the custody of a law         907          

enforcement agency or a detention facility, as defined in section  909          

2921.01 of the Revised Code, and the chief law enforcement         911          

officer or chief administrative officer of the detention facility  912          

discovers that a warrant has been issued or a bill of information  913          

has been filed alleging the person or child to have committed an   914          

offense or act other than the offense or act for which the person               

or child is in custody, and the other alleged offense or act is    915          

one for which fingerprints are to be taken pursuant to division    916          

(A)(1) of this section, the law enforcement agency or detention    918          

facility shall take the fingerprints of the person or child, or    919          

cause the fingerprints to be taken, according to the fingerprint   921          

system of identification on the forms furnished by A METHOD THAT   922          

the superintendent of the bureau of criminal identification and    923          

investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION    924          

109.572 OF THE REVISED CODE and immediately forward OR TRANSMIT    926          

copies of the completed forms, FINGERPRINT IMPRESSIONS AND any     927          

other description that may be required, and the history of the     928          

offense committed to the bureau to be classified and filed and to  929          

the clerk of the court that issued the warrant or with which the   930          

bill of information was filed.                                     931          

      (5)  If an accused is found not guilty of the offense        935          

charged or a nolle prosequi is entered in any case, or if any      936          

accused child under eighteen years of age is found not to be a                  

delinquent child for committing an act that would be a felony or   938          

an offense of violence if committed by an adult or not guilty of   940          

the felony or offense of violence charged or a nolle prosequi is   941          

entered in that case, the fingerprints and description             943          

DESCRIPTIVE INFORMATION shall be given to the accused upon the     944          

accused's request.                                                              

      (6)  The superintendent shall compare the description        948          

FINGERPRINT IMPRESSIONS AND DESCRIPTIVE INFORMATION received with  949          

those FINGERPRINT IMPRESSIONS AND DESCRIPTIVE INFORMATION already  950          

                                                          23     


                                                                 
on file in the bureau, and, if the superintendent finds that the   952          

person arrested or taken into custody has a criminal record or a   954          

record as a delinquent child for having committed an act that      955          

would be a felony or an offense of violence if committed by an     956          

adult or is a fugitive from justice or wanted by any jurisdiction  958          

in this or another state, the United States, or a foreign country  960          

for any offense, the superintendent at once shall inform the       961          

arresting officer, the officer taking the person into custody, or  963          

the chief administrative officer of the county, multicounty,       964          

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

workhouse, community-based correctional facility, halfway house,   965          

alternative residential facility, or state correctional            966          

institution in which the person or child is in custody of that     969          

fact and give appropriate notice to the proper authorities in the  970          

jurisdiction in which the person is wanted, or, if that            971          

jurisdiction is a foreign country, give appropriate notice to      972          

federal authorities for transmission to the foreign country.  The  973          

names, under which each person whose identification is filed is    974          

known, shall be alphabetically indexed by the superintendent.      975          

      (B)  This section does not apply to a violator of a city     977          

ordinance unless the officers have reason to believe that the      978          

violator is a past offender or the crime is one constituting a     979          

misdemeanor on the first offense and a felony on subsequent        980          

offenses, or unless it is advisable for the purpose of subsequent  981          

identification.  This section does not apply to any child under    982          

eighteen years of age who was not arrested or otherwise taken      983          

into custody for committing an act that would be a felony or an    985          

offense of violence if committed by an adult or upon probable      987          

cause to believe that a child of that age may have committed an    990          

act that would be a felony or an offense of violence if committed  992          

by an adult, except as provided in section 2151.313 of the         993          

Revised Code.                                                                   

      Sec. 173.41.  (A)  As used in this section:                  1,002        

      (1)  "Applicant" means a person who is under final           1,004        

                                                          24     


                                                                 
consideration for employment with a PASSPORT agency in a           1,005        

full-time, part-time, or temporary position that involves          1,007        

providing direct care to an older adult.  "Applicant" does not     1,009        

include a person who provides direct care as a volunteer without   1,011        

receiving or expecting to receive any form of remuneration other   1,012        

than reimbursement for actual expenses.                                         

      (2)  "Criminal records check" and "older adult" have the     1,014        

same meanings as in section 109.572 of the Revised Code.           1,016        

      (3)  "PASSPORT agency" means a public or private entity      1,018        

that provides home and community-based services to older adults    1,019        

through the PASSPORT program created under section 173.40 of the   1,021        

Revised Code.                                                                   

      (B)(1)  Except as provided in division (I) of this section,  1,024        

the chief administrator of a PASSPORT agency shall request that    1,025        

the superintendent of the bureau of criminal identification and    1,026        

investigation conduct a criminal records check with respect to     1,027        

each applicant.  If an applicant for whom a criminal records       1,028        

check request is required under this division does not present     1,029        

proof of having been a resident of this state for the five-year    1,030        

period immediately prior to the date the criminal records check    1,031        

is requested or provide evidence that within that five-year        1,032        

period the superintendent has requested FINGERPRINT-BASED                       

information about the applicant from the federal bureau of         1,034        

investigation in a criminal records check, the chief               1,035        

administrator shall request that the superintendent obtain         1,036        

FINGERPRINT-BASED information from the federal bureau of           1,037        

investigation as part of the criminal records check of the         1,038        

applicant.  Even if an applicant for whom a criminal records       1,040        

check request is required under this division presents proof of                 

having been a resident of this state for the five-year period,     1,042        

the chief administrator may request that the superintendent        1,043        

include FINGERPRINT-BASED information from the federal bureau of   1,044        

investigation in the criminal records check.                       1,046        

      (2)  A person required by division (B)(1) of this section    1,048        

                                                          25     


                                                                 
to request a criminal records check shall do both of the           1,049        

following:                                                         1,050        

      (a)  Provide to each applicant for whom a criminal records   1,052        

check request is required under that division a copy of the form   1,053        

prescribed pursuant to division (C)(1) of section 109.572 of the   1,054        

Revised Code and a standard fingerprint impression sheet           1,055        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   1,056        

pursuant to division (C)(2) of that section, and obtain the        1,057        

completed form and impression sheet MATERIAL from the applicant;   1,058        

      (b)  Forward OR TRANSMIT the completed form and impression   1,060        

sheet MATERIAL to the superintendent of the bureau of criminal     1,062        

identification and investigation.                                  1,063        

      (3)  An applicant provided the form and fingerprint          1,065        

impression sheet MATERIAL under division (B)(2)(a) of this         1,067        

section who fails to complete the form or provide fingerprint      1,068        

impressions shall not be employed in any position for which a      1,070        

criminal records check is required by this section.                1,071        

      (C)(1)  Except as provided in rules adopted by the           1,073        

department of aging in accordance with division (F) of this        1,074        

section and subject to division (C)(2) of this section, no         1,076        

PASSPORT agency shall employ a person in a position that involves  1,078        

providing direct care to an older adult if the person has been     1,079        

convicted of or pleaded guilty to any of the following:                         

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       1,081        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,082        

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,     1,083        

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     1,085        

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  1,086        

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,     1,087        

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     1,088        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    1,089        

2925.22, 2925.23, or 3716.11 of the Revised Code.                  1,090        

      (b)  A violation of an existing or former law of this        1,092        

state, any other state, or the United States that is               1,094        

                                                          26     


                                                                 
substantially equivalent to any of the offenses listed in          1,095        

division (C)(1)(a) of this section.                                1,096        

      (2)(a)  A PASSPORT agency may employ conditionally an        1,098        

applicant for whom a criminal records check request is required    1,100        

under division (B) of this section prior to obtaining the results  1,101        

of a criminal records check regarding the individual, provided     1,103        

that the agency shall request a criminal records check regarding   1,105        

the individual in accordance with division (B)(1) of this section  1,106        

not later than five business days after the individual begins      1,107        

conditional employment.  In the circumstances described in         1,108        

division (I)(2) of this section, a PASSPORT agency may employ      1,110        

conditionally an applicant who has been referred to the PASSPORT   1,112        

agency by an employment service that supplies full-time,           1,113        

part-time, or temporary staff for positions involving the direct   1,114        

care of older adults and for whom, pursuant to that division, a    1,115        

criminal records check is not required under division (B) of this  1,117        

section.                                                                        

      (b)  A PASSPORT agency that employs an individual            1,121        

conditionally under authority of division (C)(2)(a) of this        1,123        

section shall terminate the individual's employment if the         1,125        

results of the criminal records check request under division (B)   1,126        

of this section or described in division (I)(2) of this section,   1,127        

other than the results of any request for FINGERPRINT-BASED        1,129        

information from the federal bureau of investigation, are not      1,131        

obtained within the period ending sixty days after the date the    1,132        

request is made.  Regardless of when the results of the criminal   1,133        

records check are obtained, if the results indicate that the       1,134        

individual has been convicted of or pleaded guilty to any of the   1,135        

offenses listed or described in division (C)(1) of this section,   1,137        

the agency shall terminate the individual's employment unless the  1,139        

agency chooses to employ the individual pursuant to division (F)   1,140        

of this section.  Termination of employment under this division    1,141        

shall be considered just cause for discharge for purposes of       1,142        

division (D)(2) of section 4141.29 of the Revised Code if the      1,144        

                                                          27     


                                                                 
individual makes any attempt to deceive the agency about the       1,145        

individual's criminal record.                                                   

      (D)(1)  Each PASSPORT agency shall pay to the bureau of      1,147        

criminal identification and investigation the fee prescribed       1,148        

pursuant to division (C)(3) of section 109.572 of the Revised      1,149        

Code for each criminal records check conducted pursuant to a       1,150        

request made under division (B) of this section.                   1,152        

      (2)  A PASSPORT agency may charge an applicant a fee not     1,155        

exceeding the amount the agency pays under division (D)(1) of      1,156        

this section.  An agency may collect a fee only if both of the     1,157        

following apply:                                                                

      (a)  The agency notifies the person at the time of initial   1,159        

application for employment of the amount of the fee and that,      1,161        

unless the fee is paid, the person will not be considered for      1,162        

employment;                                                                     

      (b)  The medical assistance program established under        1,164        

Chapter 5111. of the Revised Code does not reimburse the agency    1,167        

the fee it pays under division (D)(1) of this section.             1,168        

      (E)  The report of any criminal records check conducted      1,170        

pursuant to a request made under this section is not a public      1,171        

record for the purposes of section 149.43 of the Revised Code and  1,172        

shall not be made available to any person other than the           1,173        

following:                                                                      

      (1)  The individual who is the subject of the criminal       1,175        

records check or the individual's representative;                  1,177        

      (2)  The chief administrator of the agency requesting the    1,180        

criminal records check or the administrator's representative;                   

      (3)  The administrator of any other facility, agency, or     1,182        

program that provides direct care to older adults that is owned    1,183        

or operated by the same entity that owns or operates the PASSPORT  1,184        

agency;                                                                         

      (4)  A court, hearing officer, or other necessary            1,186        

individual involved in a case dealing with a denial of employment  1,187        

of the applicant or dealing with employment or unemployment        1,188        

                                                          28     


                                                                 
benefits of the applicant;                                                      

      (5)  Any person to whom the report is provided pursuant to,  1,191        

and in accordance with, division (I)(1) or (2) of this section.    1,193        

      (F)  The department of aging shall adopt rules in            1,195        

accordance with Chapter 119. of the Revised Code to implement      1,197        

this section.  The rules shall specify circumstances under which   1,199        

a PASSPORT agency may employ a person who has been convicted of    1,200        

or pleaded guilty to an offense listed or described in division    1,201        

(C)(1) of this section but meets personal character standards set  1,202        

by the department.                                                 1,203        

      (G)  The chief administrator of a PASSPORT agency shall      1,206        

inform each person, at the time of initial application for a       1,207        

position that involves providing direct care to an older adult,    1,208        

that the person is required to provide a set of fingerprint                     

impressions and that a criminal records check is required to be    1,209        

conducted if the person comes under final consideration for        1,210        

employment.                                                                     

      (H)  In a tort or other civil action for damages that is     1,212        

brought as the result of an injury, death, or loss to person or    1,213        

property caused by an individual who a PASSPORT agency employs in  1,215        

a position that involves providing direct care to older adults,    1,216        

all of the following shall apply:                                  1,217        

      (1)  If the agency employed the individual in good faith     1,219        

and reasonable reliance on the report of a criminal records check  1,221        

requested under this section, the agency shall not be found        1,222        

negligent solely because of its reliance on the report, even if    1,223        

the information in the report is determined later to have been     1,224        

incomplete or inaccurate;                                                       

      (2)  If the agency employed the individual in good faith on  1,227        

a conditional basis pursuant to division (C)(2) of this section,   1,228        

the agency shall not be found negligent solely because it          1,229        

employed the individual prior to receiving the report of a         1,230        

criminal records check requested under this section;               1,231        

      (3)  If the agency in good faith employed the individual     1,233        

                                                          29     


                                                                 
according to the personal character standards established in       1,235        

rules adopted under division (F) of this section, the agency       1,237        

shall not be found negligent solely because the individual prior   1,238        

to being employed had been convicted of or pleaded guilty to an    1,239        

offense listed or described in division (C)(1) of this section.    1,240        

      (I)(1)  The chief administrator of a PASSPORT agency is not  1,243        

required to request that the superintendent of the bureau of       1,244        

criminal identification and investigation conduct a criminal       1,245        

records check of an applicant if the applicant has been referred   1,246        

to the agency by an employment service that supplies full-time,    1,248        

part-time, or temporary staff for positions involving the direct   1,249        

care of older adults and both of the following apply:              1,250        

      (a)  The chief administrator receives from the employment    1,252        

service or the applicant a report of the results of a criminal     1,253        

records check regarding the applicant that has been conducted by   1,254        

the superintendent within the one-year period immediately          1,255        

preceding the applicant's referral;                                1,256        

      (b)  The report of the criminal records check demonstrates   1,258        

that the person has not been convicted of or pleaded guilty to an  1,260        

offense listed or described in division (C)(1) of this section,                 

or the report demonstrates that the person has been convicted of   1,262        

or pleaded guilty to one or more of those offenses, but the        1,263        

PASSPORT agency chooses to employ the individual pursuant to       1,264        

division (F) of this section.                                      1,265        

      (2)  The chief administrator of a PASSPORT agency is not     1,268        

required to request that the superintendent of the bureau of       1,269        

criminal identification and investigation conduct a criminal       1,270        

records check of an applicant and may employ the applicant         1,271        

conditionally as described in this division, if the applicant has  1,273        

been referred to the agency by an employment service that                       

supplies full-time, part-time, or temporary staff for positions    1,274        

involving the direct care of older adults and if the chief         1,275        

administrator receives from the employment service or the          1,276        

applicant a letter from the employment service that is on the      1,278        

                                                          30     


                                                                 
letterhead of the employment service, dated, and signed by a       1,279        

supervisor or another designated official of the employment        1,280        

service and that states that the employment service has requested  1,281        

the superintendent to conduct a criminal records check regarding   1,282        

the applicant, that the requested criminal records check will      1,283        

include a determination of whether the applicant has been          1,284        

convicted of or pleaded guilty to any offense listed or described  1,285        

in division (C)(1) of this section, that, as of the date set       1,287        

forth on the letter, the employment service had not received the   1,288        

results of the criminal records check, and that, when the          1,289        

employment service receives the results of the criminal records    1,291        

check, it promptly will send a copy of the results to the          1,292        

PASSPORT agency.  If a PASSPORT agency employs an applicant        1,295        

conditionally in accordance with this division, the employment     1,296        

service, upon its receipt of the results of the criminal records   1,297        

check, promptly shall send a copy of the results to the PASSPORT   1,298        

agency, and division (C)(2)(b) of this section applies regarding   1,302        

the conditional employment.                                        1,303        

      Sec. 2151.86.  (A)(1)  The appointing or hiring officer of   1,312        

any entity that employs any person responsible for a child's care  1,313        

in out-of-home care shall request the superintendent of the        1,314        

bureau of criminal identification and investigation to conduct a   1,315        

criminal records check with respect to any applicant who has       1,316        

applied to the entity for employment as a person responsible for   1,317        

a child's care in out-of-home care.  The administrative director   1,318        

of any entity that designates a person as a prospective adoptive   1,319        

parent or as a prospective foster parent shall request the         1,320        

superintendent to conduct a criminal records check with respect    1,321        

to that person.  If the applicant, prospective adoptive parent,    1,322        

or prospective foster parent does not present proof that the       1,323        

applicant or prospective adoptive or foster parent has been a      1,324        

resident of this state for the five-year period immediately prior  1,326        

to the date upon which the criminal records check is requested or  1,327        

does not provide evidence that within that five-year period the    1,328        

                                                          31     


                                                                 
superintendent has requested FINGERPRINT-BASED information about   1,330        

the applicant or prospective adoptive or foster parent from the                 

federal bureau of investigation in a criminal records check, the   1,332        

appointing or hiring officer or administrative director shall      1,333        

request that the superintendent obtain FINGERPRINT-BASED                        

information from the federal bureau of investigation as a part of  1,335        

the criminal records check.  If the applicant, prospective         1,336        

adoptive parent, or prospective foster parent presents proof that  1,337        

the applicant or prospective adoptive or foster parent has been a  1,338        

resident of this state for that five-year period, the appointing   1,340        

or hiring officer or administrator may request that the            1,341        

superintendent include FINGERPRINT-BASED information from the                   

federal bureau of investigation in the criminal records check.     1,343        

      (2)  Any person required by division (A)(1) of this section  1,345        

to request a criminal records check shall provide to each          1,346        

applicant, prospective adoptive parent, or prospective foster      1,347        

parent a copy of the form prescribed pursuant to division (C)(1)   1,348        

of section 109.572 of the Revised Code and a standard impression   1,349        

sheet to obtain fingerprint impressions prescribed ANY MATERIAL    1,350        

NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS pursuant to division      1,352        

(C)(2) of THAT section 109.572 of the Revised Code, obtain the     1,354        

completed form and impression sheet MATERIAL from each applicant,  1,355        

prospective adoptive parent, or prospective foster parent, and     1,356        

forward OR TRANSMIT the completed form and impression sheet        1,357        

MATERIAL to the superintendent of the bureau of criminal           1,359        

identification and investigation at the time the person requests   1,360        

a criminal records check pursuant to division (A)(1) of this       1,361        

section.                                                                        

      (3)  Any applicant, prospective adoptive parent, or          1,363        

prospective foster parent who receives pursuant to division        1,364        

(A)(2) of this section a copy of the form prescribed pursuant to   1,365        

division (C)(1) of section 109.572 of the Revised Code and a copy  1,366        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    1,367        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        1,369        

                                                          32     


                                                                 
section and who is requested to complete the form and provide a    1,370        

set of fingerprint impressions shall complete the form or provide  1,371        

all the information necessary to complete the form and shall       1,372        

provide the impression sheet MATERIAL with the impressions of the  1,373        

applicant's or prospective adoptive or foster parent's             1,374        

fingerprints.  If an applicant, prospective adoptive parent, or    1,375        

prospective foster parent, upon request, fails to provide the      1,376        

information necessary to complete the form or fails to provide     1,377        

impressions of the applicant's or prospective adoptive or foster   1,378        

parent's fingerprints, the entity shall not employ that applicant  1,379        

for any position for which a criminal records check is required    1,381        

by division (A)(1) of this section and shall not consider the      1,382        

prospective adoptive parent or prospective foster parent as an     1,383        

adoptive parent or foster parent.                                               

      (B)(1)  No entity shall employ a person as a person          1,385        

responsible for a child's care in out-of-home care or permit a     1,386        

person to become an adoptive parent or foster parent if the        1,387        

person previously has been convicted of or pleaded guilty to any   1,388        

of the following, unless the person meets rehabilitation           1,389        

standards established in rules adopted under division (E) of this  1,390        

section:                                                                        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       1,392        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,393        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     1,395        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     1,396        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  1,397        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     1,398        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    1,399        

2925.06, or 3716.11 of the Revised Code, a violation of section    1,400        

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      1,401        

have been a violation of section 2905.04 of the Revised Code as    1,402        

it existed prior to July 1, 1996, had the violation been           1,403        

committed prior to that date, a violation of section 2925.11 of    1,404        

                                                          33     


                                                                 
the Revised Code that is not a minor drug possession offense, or   1,405        

felonious sexual penetration in violation of former section        1,406        

2907.12 of the Revised Code;                                                    

      (b)  A violation of an existing or former law of this        1,408        

state, any other state, or the United States that is               1,409        

substantially equivalent to any of the offenses described in       1,410        

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

      (2)  An out-of-home care entity may employ an applicant      1,412        

conditionally until the criminal records check required by this    1,413        

section is completed and the entity receives the results of the    1,414        

criminal records check.  If the results of the criminal records    1,415        

check indicate that, pursuant to division (B)(1) of this section,  1,416        

the applicant does not qualify for employment, the entity shall    1,417        

release the applicant from employment.                             1,418        

      (C)(1)  The out-of-home care entity shall pay to the bureau  1,420        

of criminal identification and investigation the fee prescribed    1,421        

pursuant to division (C)(3) of section 109.572 of the Revised      1,422        

Code for each criminal records check conducted in accordance with  1,423        

that section upon a request pursuant to division (A)(1) of this    1,424        

section.                                                           1,425        

      (2)  An out-of-home care entity may charge an applicant,     1,427        

prospective adoptive parent, or prospective foster parent a fee    1,428        

for the costs it incurs in obtaining a criminal records check      1,429        

under this section.  A fee charged under this division shall not   1,430        

exceed the amount of fees the entity pays under division (C)(1)    1,431        

of this section.  If a fee is charged under this division, the     1,432        

entity shall notify the applicant, prospective adoptive parent,    1,433        

or prospective foster parent at the time of the person's initial   1,434        

application for employment or for becoming an adoptive parent or   1,435        

foster parent of the amount of the fee and that, unless the fee    1,436        

is paid, the entity will not consider the person for employment    1,438        

or as an adoptive parent or foster parent.                         1,439        

      (D)  The report of any criminal records check conducted by   1,441        

the bureau of criminal identification and investigation in         1,442        

                                                          34     


                                                                 
accordance with section 109.572 of the Revised Code and pursuant   1,443        

to a request made under division (A)(1) of this section is not a   1,444        

public record for the purposes of section 149.43 of the Revised    1,445        

Code and shall not be made available to any person other than the  1,446        

applicant, prospective adoptive parent, or prospective foster      1,447        

parent who is the subject of the criminal records check or the     1,448        

applicant's or prospective adoptive or foster parent's             1,449        

representative; the entity requesting the criminal records check   1,450        

or its representative; the department of job and family services   1,452        

or a county department of job and family services; and any court,  1,454        

hearing officer, or other necessary individual involved in a case  1,455        

dealing with the denial of employment to the applicant or the      1,456        

denial of consideration as an adoptive parent or foster parent.    1,457        

      (E)  The director of job and family services shall adopt     1,461        

rules pursuant to Chapter 119. of the Revised Code to implement    1,462        

this section.  The rules shall include rehabilitation standards a  1,464        

person who has been convicted of or pleaded guilty to an offense   1,465        

listed in division (B)(1) of this section must meet for an entity  1,466        

to employ the person as a person responsible for a child's care    1,467        

in out-of-home care or permit the person to become an adoptive     1,468        

parent or foster parent.                                                        

      (F)  Any person required by division (A)(1) of this section  1,470        

to request a criminal records check shall inform each person, at   1,471        

the time of the person's initial application for employment with   1,472        

an entity as a person responsible for a child's care in            1,473        

out-of-home care or the person's initial application for becoming  1,474        

an adoptive parent or foster parent, that the person is required   1,475        

to provide a set of impressions of the person's fingerprints and   1,476        

that a criminal records check is required to be conducted and      1,477        

satisfactorily completed in accordance with section 109.572 of     1,478        

the Revised Code if the person comes under final consideration     1,479        

for appointment or employment as a precondition to employment for  1,480        

that position or if the person is to be given final consideration  1,481        

as an adoptive parent or foster parent.                                         

                                                          35     


                                                                 
      (G)  As used in this section:                                1,483        

      (1)  "Applicant" means a person who is under final           1,485        

consideration for appointment or employment as a person            1,486        

responsible for a child's care in out-of-home care.                1,487        

      (2)  "Person responsible for a child's care in out-of-home   1,489        

care" has the same meaning as in section 2151.011 of the Revised   1,490        

Code, except that it does not include a prospective employee of    1,491        

the department of youth services or a person responsible for a     1,492        

child's care in a hospital or medical clinic other than a          1,493        

children's hospital.                                               1,494        

      (3)  "Children's hospital" means any of the following:       1,496        

      (a)  A hospital registered under section 3701.07 of the      1,498        

Revised Code that provides general pediatric medical and surgical  1,499        

care, and in which at least seventy-five per cent of annual        1,500        

inpatient discharges for the preceding two calendar years were     1,501        

individuals less than eighteen years of age;                       1,502        

      (b)  A distinct portion of a hospital registered under       1,504        

section 3701.07 of the Revised Code that provides general          1,505        

pediatric medical and surgical care, has a total of at least one   1,506        

hundred fifty registered pediatric special care and pediatric      1,507        

acute care beds, and in which at least seventy-five per cent of    1,508        

annual inpatient discharges for the preceding two calendar years   1,509        

were individuals less than eighteen years of age;                  1,510        

      (c)  A distinct portion of a hospital, if the hospital is    1,512        

registered under section 3701.07 of the Revised Code as a          1,513        

children's hospital and the children's hospital meets all the      1,514        

requirements of division (G)(3)(a) of this section.                1,515        

      (4)  "Criminal records check" has the same meaning as in     1,517        

section 109.572 of the Revised Code.                               1,518        

      (5)  "Minor drug possession offense" has the same meaning    1,520        

as in section 2925.01 of the Revised Code.                         1,521        

      Sec. 3301.32.  (A)(1)  The chief administrator of any head   1,530        

start agency shall request the superintendent of the bureau of     1,531        

criminal identification and investigation to conduct a criminal    1,532        

                                                          36     


                                                                 
records check with respect to any applicant who has applied to     1,533        

the head start agency for employment as a person responsible for   1,534        

the care, custody, or control of a child.  If the applicant does   1,535        

not present proof that the applicant has been a resident of this   1,536        

state for the five-year period immediately prior to the date upon  1,537        

which the criminal records check is requested or does not provide  1,538        

evidence that within that five-year period the superintendent has  1,539        

requested FINGERPRINT-BASED information about the applicant from   1,540        

the federal bureau of investigation in a criminal records check,   1,542        

the chief administrator shall request that the superintendent      1,543        

obtain FINGERPRINT-BASED information from the federal bureau of    1,545        

investigation as a part of the criminal records check for the      1,546        

applicant.  If the applicant presents proof that the applicant     1,547        

has been a resident of this state for that five-year period, the   1,548        

chief administrator may request that the superintendent include    1,549        

FINGERPRINT-BASED information from the federal bureau of           1,551        

investigation in the criminal records check.                                    

      (2)  Any person required by division (A)(1) of this section  1,553        

to request a criminal records check shall provide to each          1,554        

applicant a copy of the form prescribed pursuant to division       1,555        

(C)(1) of section 109.572 of the Revised Code, provide to each     1,556        

applicant a standard impression sheet to obtain fingerprint        1,557        

impressions prescribed AND ANY MATERIAL NEEDED TO OBTAIN           1,558        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of THAT        1,559        

section 109.572 of the Revised Code, obtain the completed form     1,560        

and impression sheet MATERIAL from each applicant, and forward OR  1,561        

TRANSMIT the completed form and impression sheet MATERIAL to the   1,563        

superintendent of the bureau of criminal identification and        1,565        

investigation at the time the chief administrator requests a       1,566        

criminal records check pursuant to division (A)(1) of this         1,567        

section.                                                                        

      (3)  Any applicant who receives pursuant to division (A)(2)  1,569        

of this section a copy of the form prescribed pursuant to          1,570        

division (C)(1) of section 109.572 of the Revised Code and a copy  1,571        

                                                          37     


                                                                 
of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    1,572        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        1,574        

section and who is requested to complete the form and provide a    1,575        

set of fingerprint impressions shall complete the form or provide  1,576        

all the information necessary to complete the form and shall       1,577        

provide the impression sheets MATERIAL with the impressions of     1,578        

the applicant's fingerprints.  If an applicant, upon request,      1,580        

fails to provide the information necessary to complete the form    1,581        

or fails to provide impressions of the applicant's fingerprints,   1,582        

the head start agency shall not employ that applicant for any      1,583        

position for which a criminal records check is required by         1,585        

division (A)(1) of this section.                                                

      (B)(1)  Except as provided in rules adopted by the director  1,588        

of job and family services in accordance with division (E) of      1,589        

this section, no head start agency shall employ a person as a      1,590        

person responsible for the care, custody, or control of a child    1,591        

if the person previously has been convicted of or pleaded guilty   1,592        

to any of the following:                                           1,593        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       1,595        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,596        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     1,598        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     1,599        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  1,600        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     1,601        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    1,602        

2925.06, or 3716.11 of the Revised Code, a violation of section    1,603        

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      1,604        

have been a violation of section 2905.04 of the Revised Code as    1,605        

it existed prior to July 1, 1996, had the violation occurred       1,606        

prior to that date, a violation of section 2925.11 of the Revised  1,608        

Code that is not a minor drug possession offense, or felonious     1,610        

sexual penetration in violation of former section 2907.12 of the   1,611        

Revised Code;                                                                   

                                                          38     


                                                                 
      (b)  A violation of an existing or former law of this        1,613        

state, any other state, or the United States that is               1,614        

substantially equivalent to any of the offenses or violations      1,615        

described in division (B)(1)(a) of this section.                   1,616        

      (2)  A head start agency may employ an applicant             1,618        

conditionally until the criminal records check required by this    1,619        

section is completed and the agency receives the results of the    1,620        

criminal records check.  If the results of the criminal records    1,621        

check indicate that, pursuant to division (B)(1) of this section,  1,622        

the applicant does not qualify for employment, the agency shall    1,623        

release the applicant from employment.                             1,624        

      (C)(1)  Each head start agency shall pay to the bureau of    1,626        

criminal identification and investigation the fee prescribed       1,627        

pursuant to division (C)(3) of section 109.572 of the Revised      1,628        

Code for each criminal records check conducted in accordance with  1,629        

that section upon the request pursuant to division (A)(1) of this  1,630        

section of the chief administrator of the head start agency.       1,631        

      (2)  A head start agency may charge an applicant a fee for   1,633        

the costs it incurs in obtaining a criminal records check under    1,634        

this section.  A fee charged under this division shall not exceed  1,635        

the amount of fees the agency pays under division (C)(1) of this   1,636        

section.  If a fee is charged under this division, the agency      1,637        

shall notify the applicant at the time of the applicant's initial  1,638        

application for employment of the amount of the fee and that,      1,640        

unless the fee is paid, the head start agency will not consider    1,641        

the applicant for employment.                                      1,642        

      (D)  The report of any criminal records check conducted by   1,644        

the bureau of criminal identification and investigation in         1,645        

accordance with section 109.572 of the Revised Code and pursuant   1,646        

to a request made under division (A)(1) of this section is not a   1,647        

public record for the purposes of section 149.43 of the Revised    1,648        

Code and shall not be made available to any person other than the  1,649        

applicant who is the subject of the criminal records check or the  1,650        

applicant's representative, the head start agency requesting the   1,652        

                                                          39     


                                                                 
criminal records check or its representative, and any court,       1,653        

hearing officer, or other necessary individual involved in a case  1,654        

dealing with the denial of employment to the applicant.            1,655        

      (E)  The director of job and family services shall adopt     1,658        

rules pursuant to Chapter 119. of the Revised Code to implement    1,659        

this section, including rules specifying circumstances under       1,660        

which a head start agency may hire a person who has been           1,661        

convicted of an offense listed in division (B)(1) of this section  1,662        

but who meets standards in regard to rehabilitation set by the     1,663        

director.                                                          1,664        

      (F)  Any person required by division (A)(1) of this section  1,666        

to request a criminal records check shall inform each person, at   1,667        

the time of the person's initial application for employment, that  1,668        

the person is required to provide a set of impressions of the      1,669        

person's fingerprints and that a criminal records check is         1,671        

required to be conducted and satisfactorily completed in           1,672        

accordance with section 109.572 of the Revised Code if the person  1,673        

comes under final consideration for appointment or employment as   1,674        

a precondition to employment for that position.                    1,675        

      (G)  As used in this section:                                1,677        

      (1)  "Applicant" means a person who is under final           1,679        

consideration for appointment or employment in a position with a   1,680        

head start agency as a person responsible for the care, custody,   1,681        

or control of a child.                                             1,682        

      (2)  "Head start agency" has the same meaning as in section  1,684        

3301.31 of the Revised Code.                                       1,685        

      (3)  "Criminal records check" has the same meaning as in     1,687        

section 109.572 of the Revised Code.                               1,688        

      (4)  "Minor drug possession offense" has the same meaning    1,690        

as in section 2925.01 of the Revised Code.                         1,691        

      Sec. 3301.541.  (A)(1)  The director, head teacher,          1,697        

elementary principal, or site administrator of a preschool         1,698        

program shall request the superintendent of the bureau of          1,700        

criminal identification and investigation to conduct a criminal    1,701        

                                                          40     


                                                                 
records check with respect to any applicant who has applied to     1,702        

the preschool program for employment as a person responsible for   1,703        

the care, custody, or control of a child.  If the applicant does   1,704        

not present proof that the applicant has been a resident of this   1,705        

state for the five-year period immediately prior to the date upon  1,706        

which the criminal records check is requested or does not provide  1,707        

evidence that within that five-year period the superintendent has  1,708        

requested FINGERPRINT-BASED information about the applicant from   1,709        

the federal bureau of investigation in a criminal records check,   1,711        

the director, head teacher, or elementary principal shall request  1,712        

that the superintendent obtain FINGERPRINT-BASED information from  1,713        

the federal bureau of investigation as a part of the criminal      1,715        

records check for the applicant.  If the applicant presents proof  1,716        

that the applicant has been a resident of this state for that      1,717        

five-year period, the director, head teacher, or elementary        1,718        

principal may request that the superintendent include                           

FINGERPRINT-BASED information from the federal bureau of           1,719        

investigation in the criminal records check.                       1,721        

      (2)  Any director, head teacher, elementary principal, or    1,723        

site administrator required by division (A)(1) of this section to  1,725        

request a criminal records check shall provide to each applicant   1,726        

a copy of the form prescribed pursuant to division (C)(1) of       1,727        

section 109.572 of the Revised Code, provide to each applicant a   1,728        

standard impression sheet AND ANY MATERIAL NEEDED to obtain        1,729        

fingerprint impressions prescribed pursuant to division (C)(2) of  1,731        

THAT section 109.572 of the Revised Code, obtain the completed     1,733        

form and impression sheet MATERIAL from each applicant, and        1,734        

forward OR TRANSMIT the completed form and impression sheet        1,735        

MATERIAL to the superintendent of the bureau of criminal           1,737        

identification and investigation at the time the person requests   1,738        

a criminal records check pursuant to division (A)(1) of this       1,739        

section.                                                                        

      (3)  Any applicant who receives pursuant to division (A)(2)  1,741        

of this section a copy of the form prescribed pursuant to          1,742        

                                                          41     


                                                                 
division (C)(1) of section 109.572 of the Revised Code and a copy  1,743        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    1,744        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        1,746        

section and who is requested to complete the form and provide a    1,747        

set of fingerprint impressions shall complete the form or provide  1,748        

all the information necessary to complete the form and provide     1,749        

the impression sheet MATERIAL with the impressions of the          1,750        

applicant's fingerprints.  If an applicant, upon request, fails    1,751        

to provide the information necessary to complete the form or       1,752        

fails to provide impressions of the applicant's fingerprints, the  1,753        

preschool program shall not employ that applicant for any          1,754        

position for which a criminal records check is required by         1,755        

division (A)(1) of this section.                                                

      (B)(1)  Except as provided in rules adopted by the           1,757        

department of education in accordance with division (E) of this    1,758        

section, no preschool program shall employ a person as a person    1,759        

responsible for the care, custody, or control of a child if the    1,760        

person previously has been convicted of or pleaded guilty to any   1,761        

of the following:                                                  1,762        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       1,764        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     1,765        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     1,767        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     1,768        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  1,769        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     1,770        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    1,771        

2925.06, or 3716.11 of the Revised Code, a violation of section    1,772        

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      1,773        

have been a violation of section 2905.04 of the Revised Code as    1,774        

it existed prior to July 1, 1996, had the violation occurred       1,775        

prior to that date, a violation of section 2925.11 of the Revised  1,776        

Code that is not a minor drug possession offense, or felonious     1,777        

sexual penetration in violation of former section 2907.12 of the   1,778        

                                                          42     


                                                                 
Revised Code;                                                                   

      (b)  A violation of an existing or former law of this        1,780        

state, any other state, or the United States that is               1,781        

substantially equivalent to any of the offenses or violations      1,782        

described in division (B)(1)(a) of this section.                   1,783        

      (2)  A preschool program may employ an applicant             1,785        

conditionally until the criminal records check required by this    1,786        

section is completed and the preschool program receives the        1,787        

results of the criminal records check.  If the results of the      1,788        

criminal records check indicate that, pursuant to division (B)(1)  1,789        

of this section, the applicant does not qualify for employment,    1,790        

the preschool program shall release the applicant from             1,791        

employment.                                                        1,792        

      (C)(1)  Each preschool program shall pay to the bureau of    1,794        

criminal identification and investigation the fee prescribed       1,795        

pursuant to division (C)(3) of section 109.572 of the Revised      1,796        

Code for each criminal records check conducted in accordance with  1,797        

that section upon the request pursuant to division (A)(1) of this  1,798        

section of the director, head teacher, elementary principal, or    1,800        

site administrator of the preschool program.                       1,801        

      (2)  A preschool program may charge an applicant a fee for   1,803        

the costs it incurs in obtaining a criminal records check under    1,804        

this section.  A fee charged under this division shall not exceed  1,805        

the amount of fees the preschool program pays under division       1,806        

(C)(1) of this section.  If a fee is charged under this division,  1,807        

the preschool program shall notify the applicant at the time of    1,808        

the applicant's initial application for employment of the amount   1,809        

of the fee and that, unless the fee is paid, the applicant will    1,810        

not be considered for employment.                                  1,811        

      (D)  The report of any criminal records check conducted by   1,813        

the bureau of criminal identification and investigation in         1,814        

accordance with section 109.572 of the Revised Code and pursuant   1,815        

to a request under division (A)(1) of this section is not a        1,816        

public record for the purposes of section 149.43 of the Revised    1,817        

                                                          43     


                                                                 
Code and shall not be made available to any person other than the  1,818        

applicant who is the subject of the criminal records check or the  1,820        

applicant's representative, the preschool program requesting the                

criminal records check or its representative, and any court,       1,821        

hearing officer, or other necessary individual in a case dealing   1,822        

with the denial of employment to the applicant.                    1,823        

      (E)  The department of education shall adopt rules pursuant  1,825        

to Chapter 119. of the Revised Code to implement this section,     1,826        

including rules specifying circumstances under which a preschool   1,827        

program may hire a person who has been convicted of an offense     1,828        

listed in division (B)(1) of this section but who meets standards  1,829        

in regard to rehabilitation set by the department.                 1,830        

      (F)  Any person required by division (A)(1) of this section  1,832        

to request a criminal records check shall inform each person, at   1,833        

the time of the person's initial application for employment, that  1,834        

the person is required to provide a set of impressions of the      1,835        

person's fingerprints and that a criminal records check is         1,836        

required to be conducted and satisfactorily completed in           1,837        

accordance with section 109.572 of the Revised Code if the person  1,838        

comes under final consideration for appointment or employment as   1,839        

a precondition to employment for that position.                    1,840        

      (G)  As used in this section:                                1,842        

      (1)  "Applicant" means a person who is under final           1,844        

consideration for appointment or employment in a position with a   1,845        

preschool program as a person responsible for the care, custody,   1,846        

or control of a child, except that "applicant" does not include a  1,847        

person already employed by a board of education or chartered       1,848        

nonpublic school in a position of care, custody, or control of a   1,849        

child who is under consideration for a different position with     1,850        

such board or school.                                                           

      (2)  "Criminal records check" has the same meaning as in     1,852        

section 109.572 of the Revised Code.                               1,853        

      (3)  "Minor drug possession offense" has the same meaning    1,855        

as in section 2925.01 of the Revised Code.                         1,856        

                                                          44     


                                                                 
      (H)  If the board of education of a local school district    1,858        

adopts a resolution requesting the assistance of the educational   1,859        

service center in which the local district has territory in        1,860        

conducting criminal records checks of substitute teachers under    1,861        

this section, the appointing or hiring officer of such                          

educational service center governing board shall serve for         1,862        

purposes of this section as the appointing or hiring officer of    1,863        

the local board in the case of hiring substitute teachers for      1,864        

employment in the local district.                                               

      Sec. 3301.88.  (A)  A recipient of a grant under section     1,873        

3301.86 or 3301.87 of the Revised Code or an entity approved by    1,875        

the OhioReads council may request from the bureau of criminal      1,876        

identification and investigation a criminal records check on any   1,877        

individual, other than an individual described in division (B) of  1,878        

this section, who applies to participate in providing directly to  1,879        

children any program or service through an entity approved by the  1,881        

OhioReads council or funded in whole or in part by the grant.  If  1,882        

a recipient or an entity approved by the OhioReads council elects  1,884        

to request a criminal records check, the request shall consist of               

a request for the information a school district board of           1,886        

education may request under division (F)(2)(a) of section 109.57   1,887        

of the Revised Code and shall be accompanied by one of the         1,888        

following identification options:                                               

      (1)  The form and standard impression sheet ANY MATERIAL     1,890        

NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS THAT ARE prescribed by    1,891        

the bureau under division DIVISIONS (C)(1) AND (2) of section      1,894        

109.572 of the Revised Code;                                                    

      (2)  A form prescribed by the bureau on which is specified   1,896        

the individual's name, social security number, and date of birth.  1,897        

      (B)  A grant recipient or an entity approved by the          1,900        

OhioReads council shall not request a criminal records check       1,901        

under division (A) of this section with respect to any individual  1,902        

who furnishes the grant recipient or an entity approved by the     1,903        

OhioReads council with a certified copy of a report of a criminal  1,904        

                                                          45     


                                                                 
records check completed by the bureau within one year prior to     1,905        

applying to participate in providing programs or services through  1,907        

an entity approved by the OhioReads council or under an OhioReads  1,908        

grant.                                                                          

      (C)  Except as provided in rules adopted under division      1,910        

(G)(2) of this section, a grant recipient or an entity approved    1,912        

by the OhioReads council shall not allow an individual to          1,913        

participate in providing directly to children any program or       1,914        

service through an entity approved by the OhioReads council or     1,916        

funded in whole or in part by the grant if the information         1,917        

requested under this section from the bureau indicates that the    1,918        

individual has ever pleaded guilty to or been found guilty by a    1,919        

jury or court of any of the following:                                          

      (1)  A felony;                                               1,921        

      (2)  A violation of section 2903.16, 2903.34, 2905.05,       1,924        

2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25,     1,925        

2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the     1,926        

Revised Code; a violation of section 2905.04 of the Revised Code   1,927        

as it existed prior to July 1, 1996; or a violation of section     1,928        

2919.23 of the Revised Code that would have been a violation of    1,929        

section 2905.04 of the Revised Code as it existed prior to July    1,931        

1, 1996, had it been committed prior to that date;                              

      (3)  An offense of violence;                                 1,933        

      (4)  A theft offense, as defined in section 2913.01 of the   1,935        

Revised Code;                                                      1,936        

      (5)  A drug abuse offense, as defined in section 2925.01 of  1,938        

the Revised Code;                                                  1,939        

      (6)  A violation of an existing or former ordinance of a     1,941        

municipal corporation or law of the United States or another       1,942        

state that is substantively comparable to an offense listed in     1,944        

divisions (C)(1) to (5) of this section.                                        

      (D)  A grant recipient or an entity approved by the          1,946        

OhioReads council that elects to request criminal records checks   1,948        

may conditionally allow an individual to participate in providing               

                                                          46     


                                                                 
programs or services directly to children until the criminal       1,949        

records check is completed and the grant recipient or an entity    1,951        

approved by the OhioReads council receives the results.  If the    1,952        

results of the criminal records check indicate that the            1,953        

individual has been convicted of or pleaded guilty to an offense   1,954        

listed in division (C) of this section, the grant recipient or an  1,957        

entity approved by the OhioReads council shall not allow the       1,958        

individual to further participate in providing directly to         1,959        

children any program or service through an entity approved by the  1,960        

OhioReads council or funded in whole or in part by the grant,      1,962        

except as provided in the rules adopted under division (G)(2) of   1,963        

this section.                                                                   

      (E)  The report of any criminal records check conducted in   1,965        

accordance with division (F)(5) of section 109.57 of the Revised   1,967        

Code pursuant to a request under this section is not a public      1,968        

record for purposes of section 149.43 of the Revised Code.  The    1,969        

report shall not be made available to any person other than the    1,970        

individual who is the subject of the criminal records check or     1,971        

the individual's representative, the grant recipient or the grant  1,972        

recipient's representative or an entity approved by the OhioReads  1,973        

council, and any court, hearing officer, or other necessary        1,974        

individual in a case dealing with the denial of the individual's   1,975        

participation in a program or service through an entity approved   1,977        

by the OhioReads council or funded by an OhioReads grant.          1,978        

      (F)  The OhioReads office shall reimburse each grant         1,980        

recipient or an entity approved by the OhioReads council for each  1,981        

criminal records check the actual amount paid by the grant         1,982        

recipient or an entity approved by the OhioReads council for the   1,984        

portion of the criminal records check conducted by the bureau of   1,985        

criminal identification and investigation.  Reimbursement shall    1,986        

be paid under this division only for criminal records checks on    1,987        

individuals who apply to participate in providing directly to                   

children any program or service through an entity approved by the  1,989        

OhioReads council or funded in whole or in part by the grant.  To  1,990        

                                                          47     


                                                                 
receive it, the grant recipient or an entity approved by the       1,992        

OhioReads council must submit information to the office in the     1,993        

form and manner required by the office.  The reimbursement is in   1,994        

addition to the grant awarded to the recipient under section       1,995        

3301.86 or 3301.87 of the Revised Code.                            1,996        

      (G)  The department of education shall adopt rules in        1,998        

accordance with Chapter 119. of the Revised Code:                  1,999        

      (1)  Prescribing the form and manner in which grant          2,001        

recipients or an entity approved by the OhioReads council must     2,003        

submit information to the OhioReads office to receive                           

reimbursement under division (F) of this section;                  2,004        

      (2)  Specifying circumstances under which a grant recipient  2,006        

or an entity approved by the OhioReads council may allow an        2,007        

individual whose criminal records check report indicates that the  2,008        

individual has been convicted of or pleaded guilty to an offense   2,009        

listed in division (C) of this section, but who meets standards    2,010        

in regard to rehabilitation set forth in the rules, to             2,011        

participate in providing directly to children any program or       2,012        

service through an entity approved by the OhioReads council or     2,014        

funded in whole or in part by the grant.                           2,015        

      Sec. 3319.39.  (A)(1)  Except as provided in division        2,028        

(F)(2)(b) of section 109.57 of the Revised Code and division (I)   2,029        

of this section, the appointing or hiring officer of the board of  2,031        

education of a school district, the governing board of an                       

educational service center, or of a chartered nonpublic school     2,033        

shall request the superintendent of the bureau of criminal         2,034        

identification and investigation to conduct a criminal records     2,035        

check with respect to any applicant who has applied to the school  2,036        

district, educational service center, or school for employment in  2,037        

any position as a person responsible for the care, custody, or     2,038        

control of a child.  If the applicant does not present proof that  2,039        

the applicant has been a resident of this state for the five-year  2,040        

period immediately prior to the date upon which the criminal       2,041        

records check is requested or does not provide evidence that       2,042        

                                                          48     


                                                                 
within that five-year period the superintendent has requested      2,043        

FINGERPRINT-BASED information about the applicant from the         2,044        

federal bureau of investigation in a criminal records check, the   2,046        

appointing or hiring officer shall request that the                2,047        

superintendent obtain FINGERPRINT-BASED information from the       2,048        

federal bureau of investigation as a part of the criminal records  2,049        

check for the applicant.  If the applicant presents proof that     2,050        

the applicant has been a resident of this state for that           2,051        

five-year period, the appointing or hiring officer may request     2,052        

that the superintendent include FINGERPRINT-BASED information      2,053        

from the federal bureau of investigation in the criminal records   2,055        

check.                                                                          

      (2)  A person required by division (A)(1) of this section    2,057        

to request a criminal records check shall provide to each          2,058        

applicant a copy of the form prescribed pursuant to division       2,060        

(C)(2)(1) of section 109.572 of the Revised Code, provide to each  2,061        

applicant a standard impression sheet AND ANY MATERIAL NEEDED to   2,062        

obtain fingerprint impressions prescribed pursuant to division     2,064        

(C)(2) of THAT section 109.572 of the Revised Code, obtain the     2,066        

completed form and impression sheet MATERIAL from each applicant,  2,067        

and forward OR TRANSMIT the completed form and impression sheet    2,069        

MATERIAL to the superintendent of the bureau of criminal           2,071        

identification and investigation at the time the person requests   2,072        

a criminal records check pursuant to division (A)(1) of this       2,073        

section.                                                                        

      (3)  An applicant who receives pursuant to division (A)(2)   2,075        

of this section a copy of the form prescribed pursuant to          2,076        

division (C)(1) of section 109.572 of the Revised Code and a copy  2,077        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    2,078        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        2,080        

section and who is requested to complete the form and provide a    2,081        

set of fingerprint impressions shall complete the form or provide  2,082        

all the information necessary to complete the form and shall       2,083        

provide the impression sheet MATERIAL with the impressions of the  2,085        

                                                          49     


                                                                 
applicant's fingerprints.  If an applicant, upon request, fails    2,086        

to provide the information necessary to complete the form or       2,087        

fails to provide impressions of the applicant's fingerprints, the  2,088        

board of education of a school district, governing board of an     2,089        

educational service center, or governing authority of a chartered  2,090        

nonpublic school shall not employ that applicant for any position  2,091        

for which a criminal records check is required pursuant to         2,092        

division (A)(1) of this section.                                                

      (B)(1)  Except as provided in rules adopted by the           2,094        

department of education in accordance with division (E) of this    2,095        

section and as provided in division (B)(3) of this section, no     2,096        

board of education of a school district, no governing board of an  2,097        

educational service center, and no governing authority of a        2,099        

chartered nonpublic school shall employ a person as a person       2,100        

responsible for the care, custody, or control of a child if the    2,101        

person previously has been convicted of or pleaded guilty to any   2,102        

of the following:                                                               

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       2,104        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     2,105        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     2,107        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     2,108        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  2,109        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     2,110        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    2,111        

2925.06, or 3716.11 of the Revised Code, a violation of section    2,112        

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      2,113        

have been a violation of section 2905.04 of the Revised Code as    2,114        

it existed prior to July 1, 1996, had the violation been           2,115        

committed prior to that date,, a violation of section 2925.11 of   2,116        

the Revised Code that is not a minor drug possession offense, or   2,118        

felonious sexual penetration in violation of former section                     

2907.12 of the Revised Code;                                       2,119        

      (b)  A violation of an existing or former law of this        2,121        

                                                          50     


                                                                 
state, another state, or the United States that is substantially   2,122        

equivalent to any of the offenses or violations described in       2,123        

division (B)(1)(a) of this section.                                2,124        

      (2)  A board, governing board of an educational service      2,127        

center, or a governing authority of a chartered nonpublic school   2,128        

may employ an applicant conditionally until the criminal records   2,129        

check required by this section is completed and the board or       2,130        

governing authority receives the results of the criminal records   2,131        

check.  If the results of the criminal records check indicate      2,132        

that, pursuant to division (B)(1) of this section, the applicant   2,133        

does not qualify for employment, the board or governing authority  2,134        

shall release the applicant from employment.                       2,135        

      (3)  No board and no governing authority of a chartered      2,137        

nonpublic school shall employ a teacher who previously has been    2,138        

convicted of or pleaded guilty to any of the offenses listed in    2,139        

section 3319.31 of the Revised Code.                               2,140        

      (C)(1)  Each board and each governing authority of a         2,143        

chartered nonpublic school shall pay to the bureau of criminal     2,144        

identification and investigation the fee prescribed pursuant to    2,145        

division (C)(3) of section 109.572 of the Revised Code for each    2,146        

criminal records check conducted in accordance with that section   2,147        

upon the request pursuant to division (A)(1) of this section of    2,148        

the appointing or hiring officer of the board or governing         2,149        

authority.                                                                      

      (2)  A board and the governing authority of a chartered      2,152        

nonpublic school may charge an applicant a fee for the costs it    2,153        

incurs in obtaining a criminal records check under this section.   2,154        

A fee charged under this division shall not exceed the amount of   2,155        

fees the board or governing authority pays under division (C)(1)   2,156        

of this section.  If a fee is charged under this division, the     2,157        

board or governing authority shall notify the applicant at the     2,158        

time of the applicant's initial application for employment of the  2,159        

amount of the fee and that, unless the fee is paid, the board or                

governing authority will not consider the applicant for            2,161        

                                                          51     


                                                                 
employment.                                                                     

      (D)  The report of any criminal records check conducted by   2,163        

the bureau of criminal identification and investigation in         2,164        

accordance with section 109.572 of the Revised Code and pursuant   2,165        

to a request under division (A)(1) of this section is not a        2,166        

public record for the purposes of section 149.43 of the Revised    2,167        

Code and shall not be made available to any person other than the  2,168        

applicant who is the subject of the criminal records check or the  2,169        

applicant's representative, the board or governing authority       2,170        

requesting the criminal records check or its representative, and   2,171        

any court, hearing officer, or other necessary individual          2,172        

involved in a case dealing with the denial of employment to the    2,173        

applicant.                                                                      

      (E)  The department of education shall adopt rules pursuant  2,175        

to Chapter 119. of the Revised Code to implement this section,     2,176        

including rules specifying circumstances under which the board or  2,177        

governing authority may hire a person who has been convicted of    2,178        

an offense listed in division (B)(1) of this section but who       2,179        

meets standards in regard to rehabilitation set by the             2,180        

department.                                                        2,181        

      (F)  Any person required by division (A)(1) of this section  2,183        

to request a criminal records check shall inform each person, at   2,184        

the time of the person's initial application for employment, of    2,186        

the requirement to provide a set of fingerprint impressions and                 

that a criminal records check is required to be conducted and      2,188        

satisfactorily completed in accordance with section 109.572 of                  

the Revised Code if the person comes under final consideration     2,189        

for appointment or employment as a precondition to employment for  2,190        

the school district, educational service center, or school for     2,191        

that position.                                                     2,192        

      (G)  As used in this section:                                2,194        

      (1)  "Applicant" means a person who is under final           2,196        

consideration for appointment or employment in a position with a   2,197        

board of education, governing board of an educational service      2,198        

                                                          52     


                                                                 
center, or a chartered nonpublic school as a person responsible    2,200        

for the care, custody, or control of a child, except that                       

"applicant" does not include a person already employed by a board  2,201        

or chartered nonpublic school in a position of care, custody, or   2,202        

control of a child who is under consideration for a different      2,203        

position with such board or school.                                             

      (2)  "Teacher" means a person holding an educator license,   2,205        

internship certificate, or permit issued under section 3319.22,    2,206        

3319.28, or 3319.301 of the Revised Code and teachers in a         2,207        

chartered nonpublic school.                                                     

      (3)  "Criminal records check" has the same meaning as in     2,209        

section 109.572 of the Revised Code.                               2,210        

      (4)  "Minor drug possession offense" has the same meaning    2,212        

as in section 2925.01 of the Revised Code.                         2,213        

      (H)  If the board of education of a local school district    2,215        

adopts a resolution requesting the assistance of the educational   2,216        

service center in which the local district has territory in        2,217        

conducting criminal records checks of substitute teachers under    2,218        

this section, the appointing or hiring officer of such                          

educational service center shall serve for purposes of this        2,219        

section as the appointing or hiring officer of the local board in  2,221        

the case of hiring substitute teachers for employment in the       2,222        

local district.                                                                 

      (I)  The requirements of this section shall not apply to a   2,224        

person holding a certificate of the type described in section      2,225        

3319.281 of the Revised Code who applies to a school district or   2,226        

school for employment in an adult instruction position under       2,227        

which that person is not responsible for the care, custody, or                  

control of a child.                                                2,228        

      Sec. 3701.881.  (A)  As used in this section:                2,237        

      (1)  "Applicant" means both of the following:                2,239        

      (a)  A person who is under final consideration for           2,241        

appointment or employment with a home health agency in a position  2,242        

as a person responsible for the care, custody, or control of a     2,243        

                                                          53     


                                                                 
child;                                                                          

      (b)  A person who is under final consideration for           2,246        

employment with a home health agency in a full-time, part-time,    2,247        

or temporary position that involves providing direct care to an    2,248        

older adult.  With regard to persons providing direct care to                   

older adults, "applicant" does not include a person who provides   2,249        

direct care as a volunteer without receiving or expecting to       2,250        

receive any form of remuneration other than reimbursement for      2,252        

actual expenses.                                                                

      (2)  "Criminal records check" and "older adult" have the     2,254        

same meanings as in section 109.572 of the Revised Code.           2,255        

      (3)  "Home health agency" has the same meaning as in         2,257        

section 3701.88 of the Revised Code.                               2,258        

      (4)  "Minor drug possession offense" has the same meaning    2,260        

as in section 2925.01 of the Revised Code.                         2,261        

      (B)(1)  Except as provided in division (I) of this section,  2,264        

the chief administrator of a home health agency shall request the  2,265        

superintendent of the bureau of criminal identification and        2,266        

investigation to conduct a criminal records check with respect to  2,267        

each applicant.  If the position may involve both responsibility   2,269        

for the care, custody, or control of a child and provision of      2,270        

direct care to an older adult, the chief administrator shall       2,271        

request that the superintendent conduct a single criminal records  2,272        

check for the applicant.  If an applicant for whom a criminal      2,273        

records check request is required under this division does not     2,275        

present proof of having been a resident of this state for the      2,277        

five-year period immediately prior to the date upon which the      2,278        

criminal records check is requested or does not provide evidence   2,279        

that within that five-year period the superintendent has                        

requested FINGERPRINT-BASED information about the applicant from   2,280        

the federal bureau of investigation in a criminal records check,   2,282        

the chief administrator shall request that the superintendent      2,283        

obtain FINGERPRINT-BASED information from the federal bureau of    2,285        

investigation as a part of the criminal records check for the      2,286        

                                                          54     


                                                                 
applicant.  Even if an applicant for whom a criminal records       2,288        

check request is required under this division presents proof that  2,289        

the applicant has been a resident of this state for that           2,290        

five-year period, the chief administrator may request that the     2,291        

superintendent include FINGERPRINT-BASED information from the      2,292        

federal bureau of investigation in the criminal records check.     2,293        

      (2)  Any person required by division (B)(1) of this section  2,295        

to request a criminal records check shall provide to each          2,296        

applicant for whom a criminal records check request is required    2,297        

under that division a copy of the form prescribed pursuant to      2,298        

division (C)(1) of section 109.572 of the Revised Code and a       2,299        

standard impression sheet prescribed ANY MATERIAL NEEDED TO        2,300        

OBTAIN FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of      2,301        

THAT section 109.572 of the Revised Code, obtain the completed     2,302        

form and impression sheet MATERIAL from each applicant, and        2,303        

forward OR TRANSMIT the completed form and impression sheet        2,306        

MATERIAL to the superintendent of the bureau of criminal           2,308        

identification and investigation at the time the chief                          

administrator requests a criminal records check pursuant to        2,309        

division (B)(1) of this section.                                   2,310        

      (3)  An applicant who receives pursuant to division (B)(2)   2,312        

of this section a copy of the form prescribed pursuant to          2,313        

division (C)(1) of section 109.572 of the Revised Code and a copy  2,314        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    2,315        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        2,317        

section and who is requested to complete the form and provide a    2,318        

set of fingerprint impressions shall complete the form or provide  2,319        

all the information necessary to complete the form and shall       2,320        

provide the impression sheets MATERIAL with the impressions of     2,321        

the applicant's fingerprints.  If an applicant, upon request,      2,323        

fails to provide the information necessary to complete the form    2,324        

or fails to provide fingerprint impressions, the home health       2,325        

agency shall not employ that applicant for any position for which  2,328        

a criminal records check is required by division (B)(1) of this    2,329        

                                                          55     


                                                                 
section.                                                                        

      (C)(1)  Except as provided in rules adopted by the           2,331        

department of health in accordance with division (F) of this       2,333        

section and subject to division (C)(3) of this section, no home    2,335        

health agency shall employ a person as a person responsible for    2,336        

the care, custody, or control of a child if the person previously  2,337        

has been convicted of or pleaded guilty to any of the following:   2,338        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       2,340        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     2,341        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     2,343        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     2,344        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  2,345        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     2,346        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    2,347        

2925.06, or 3716.11 of the Revised Code, a violation of section    2,348        

2905.04 of the Revised Code as it existed prior to July 1, 1996,   2,349        

a violation of section 2919.23 of the Revised Code that would      2,350        

have been a violation of section 2905.04 of the Revised Code as    2,351        

it existed prior to July 1, 1996, had the violation been                        

committed prior to that date, a violation of section 2925.11 of    2,352        

the Revised Code that is not a minor drug possession offense, or   2,353        

felonious sexual penetration in violation of former section        2,354        

2907.12 of the Revised Code;                                                    

      (b)  A violation of an existing or former law of this        2,356        

state, any other state, or the United States that is               2,357        

substantially equivalent to any of the offenses listed in          2,358        

division (C)(1)(a) of this section.                                2,359        

      (2)  Except as provided in rules adopted by the department   2,361        

of health in accordance with division (F) of this section and      2,363        

subject to division (C)(3) of this section, no home health agency  2,364        

shall employ a person in a position that involves providing        2,365        

direct care to an older adult if the person previously has been    2,366        

convicted of or pleaded guilty to any of the following:            2,367        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       2,370        

                                                          56     


                                                                 
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     2,371        

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,     2,372        

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  2,374        

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,     2,375        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    2,376        

2925.22, 2925.23, or 3716.11 of the Revised Code.                  2,377        

      (b)  A violation of an existing or former law of this        2,379        

state, any other state, or the United States that is               2,381        

substantially equivalent to any of the offenses listed in          2,382        

division (C)(2)(a) of this section.                                2,383        

      (3)(a)  A home health agency may employ conditionally an     2,385        

applicant for whom a criminal records check request is required    2,386        

under division (B) of this section as a person responsible for     2,387        

the care, custody, or control of a child until the criminal        2,390        

records check regarding the applicant required by this section is  2,392        

completed and the agency receives the results of the criminal      2,393        

records check.  If the results of the criminal records check       2,394        

indicate that, pursuant to division (C)(1) of this section, the    2,395        

applicant does not qualify for employment, the agency shall                     

release the applicant from employment unless the agency chooses    2,396        

to employ the applicant pursuant to division (F) of this section.  2,397        

      (b)(i)  A home health agency may employ conditionally an     2,399        

applicant for whom a criminal records check request is required    2,401        

under division (B) of this section in a position that involves     2,402        

providing direct care to an older adult or in a position that      2,403        

involves both responsibility for the care, custody, and control                 

of a child and the provision of direct care to older adults prior  2,404        

to obtaining the results of a criminal records check regarding     2,406        

the individual, provided that the agency shall request a criminal  2,408        

records check regarding the individual in accordance with          2,409        

division (B)(1) of this section not later than five business days  2,411        

after the individual begins conditional employment.  In the        2,413        

                                                          57     


                                                                 
circumstances described in division (I)(2) of this section, a      2,414        

home health agency may employ conditionally in a position that     2,415        

involves providing direct care to an older adult an applicant who  2,417        

has been referred to the home health agency by an employment                    

service that supplies full-time, part-time, or temporary staff     2,418        

for positions involving the direct care of older adults and for    2,419        

whom, pursuant to that division, a criminal records check is not   2,420        

required under division (B) of this section.  In the               2,422        

circumstances described in division (I)(4) of this section, a      2,423        

home health agency may employ conditionally in a position that     2,424        

involves both responsibility for the care, custody, and control    2,425        

of a child and the provision of direct care to older adults an     2,426        

applicant who has been referred to the home health agency by an    2,427        

employment service that supplies full-time, part-time, or          2,428        

temporary staff for positions involving both responsibility for    2,429        

the care, custody, and control of a child and the provision of     2,430        

direct care to older adults and for whom, pursuant to that         2,431        

division, a criminal records check is not required under division  2,433        

(B) of this section.                                               2,434        

      (ii)  A home health agency that employs an individual        2,437        

conditionally under authority of division (C)(3)(b)(i) of this     2,439        

section shall terminate the individual's employment if the         2,441        

results of the criminal records check requested under division     2,442        

(B)(1) of this section or described in division (I)(2) or (4) of   2,443        

this section, other than the results of any request for            2,444        

FINGERPRINT-BASED information from the federal bureau of           2,445        

investigation, are not obtained within the period ending sixty     2,446        

days after the date the request is made.  Regardless of when the   2,447        

results of the criminal records check are obtained, if the         2,450        

individual was employed conditionally in a position that involves  2,451        

the provision of direct care to older adults and the results       2,452        

indicate that the individual has been convicted of or pleaded      2,453        

guilty to any of the offenses listed or described in division      2,454        

(C)(2) of this section, or if the individual was employed          2,455        

                                                          58     


                                                                 
conditionally in a position that involves both responsibility for  2,456        

the care, custody, and control of a child and the provision of     2,457        

direct care to older adults and the results indicate that the      2,459        

individual has been convicted of or pleaded guilty to any of the   2,461        

offenses listed or described in division (C)(1) or (2) of this     2,462        

section, the agency shall terminate the individual's employment    2,466        

unless the agency chooses to employ the individual pursuant to     2,468        

division (F) of this section.  Termination of employment under     2,469        

this division shall be considered just cause for discharge for     2,470        

purposes of division (D)(2) of section 4141.29 of the Revised      2,471        

Code if the individual makes any attempt to deceive the agency     2,472        

about the individual's criminal record.                            2,473        

      (D)(1)  Each home health agency shall pay to the bureau of   2,475        

criminal identification and investigation the fee prescribed       2,476        

pursuant to division (C)(3) of section 109.572 of the Revised      2,477        

Code for each criminal records check conducted in accordance with  2,478        

that section upon the request pursuant to division (B)(1) of this  2,480        

section of the chief administrator of the home health agency.                   

      (2)  A home health agency may charge an applicant a fee for  2,482        

the costs it incurs in obtaining a criminal records check under    2,483        

this section, unless the medical assistance program established    2,484        

under Chapter 5111. of the Revised Code reimburses the agency for  2,485        

the costs.  A fee charged under division (D)(2) of this section    2,487        

shall not exceed the amount of fees the agency pays under                       

division (D)(1) of this section.  If a fee is charged under        2,488        

division (D)(2) of this section, the agency shall notify the       2,490        

applicant at the time of the applicant's initial application for   2,491        

employment of the amount of the fee and that, unless the fee is    2,492        

paid, the agency will not consider the applicant for employment.                

      (E)  The report of any criminal records check conducted by   2,494        

the bureau of criminal identification and investigation in         2,495        

accordance with section 109.572 of the Revised Code and pursuant   2,496        

to a request made under division (B)(1) of this section is not a   2,498        

public record for the purposes of section 149.43 of the Revised                 

                                                          59     


                                                                 
Code and shall not be made available to any person other than the  2,499        

following:                                                         2,500        

      (1)  The individual who is the subject of the criminal       2,502        

records check or the individual's representative;                  2,503        

      (2)  The home health agency requesting the criminal records  2,506        

check or its representative;                                                    

      (3)  The administrator of any other facility, agency, or     2,508        

program that provides direct care to older adults that is owned    2,509        

or operated by the same entity that owns or operates the home      2,510        

health agency;                                                                  

      (4)  Any court, hearing officer, or other necessary          2,512        

individual involved in a case dealing with a denial of employment  2,513        

of the applicant or dealing with employment or unemployment        2,514        

benefits of the applicant;                                         2,515        

      (5)  Any person to whom the report is provided pursuant to,  2,518        

and in accordance with, division (I)(1), (2), (3), or (4) of this  2,520        

section.                                                                        

      (F)  The department of health shall adopt rules in           2,522        

accordance with Chapter 119. of the Revised Code to implement      2,523        

this section.  The rules shall specify circumstances under which   2,525        

the home health agency may employ a person who has been convicted  2,526        

of or pleaded guilty to an offense listed or described in          2,527        

division (C)(1) of this section but who meets standards in regard  2,529        

to rehabilitation set by the department or employ a person who     2,530        

has been convicted of or pleaded guilty to an offense listed or    2,532        

described in division (C)(2) of this section but meets personal    2,533        

character standards set by the department.                                      

      (G)  Any person required by division (B)(1) of this section  2,535        

to request a criminal records check shall inform each person, at   2,536        

the time of initial application for employment that the person is  2,538        

required to provide a set of fingerprint impressions and that a    2,539        

criminal records check is required to be conducted and                          

satisfactorily completed in accordance with section 109.572 of     2,540        

the Revised Code if the person comes under final consideration     2,541        

                                                          60     


                                                                 
for appointment or employment as a precondition to employment for  2,542        

that position.                                                     2,543        

      (H)  In a tort or other civil action for damages that is     2,545        

brought as the result of an injury, death, or loss to person or    2,546        

property caused by an individual who a home health agency employs  2,548        

in a position that involves providing direct care to older         2,549        

adults, all of the following shall apply:                          2,550        

      (1)  If the agency employed the individual in good faith     2,552        

and reasonable reliance on the report of a criminal records check  2,554        

requested under this section, the agency shall not be found        2,555        

negligent solely because of its reliance on the report, even if    2,556        

the information in the report is determined later to have been     2,557        

incomplete or inaccurate;                                                       

      (2)  If the agency employed the individual in good faith on  2,560        

a conditional basis pursuant to division (C)(3)(b) of this         2,561        

section, the agency shall not be found negligent solely because    2,562        

it employed the individual prior to receiving the report of a      2,563        

criminal records check requested under this section;               2,564        

      (3)  If the agency in good faith employed the individual     2,566        

according to the personal character standards established in       2,568        

rules adopted under division (F) of this section, the agency       2,570        

shall not be found negligent solely because the individual prior   2,571        

to being employed had been convicted of or pleaded guilty to an    2,572        

offense listed or described in division (C)(1) or (2) of this      2,573        

section.                                                                        

      (I)(1)  The chief administrator of a home health agency is   2,575        

not required to request that the superintendent of the bureau of   2,577        

criminal identification and investigation conduct a criminal       2,578        

records check of an applicant for a position that involves the     2,579        

provision of direct care to older adults if the applicant has      2,580        

been referred to the agency by an employment service that          2,583        

supplies full-time, part-time, or temporary staff for positions    2,584        

involving the direct care of older adults and both of the          2,585        

following apply:                                                                

                                                          61     


                                                                 
      (a)  The chief administrator receives from the employment    2,587        

service or the applicant a report of the results of a criminal     2,588        

records check regarding the applicant that has been conducted by   2,589        

the superintendent within the one-year period immediately          2,590        

preceding the applicant's referral;                                2,591        

      (b)  The report of the criminal records check demonstrates   2,593        

that the person has not been convicted of or pleaded guilty to an  2,595        

offense listed or described in division (C)(2) of this section,                 

or the report demonstrates that the person has been convicted of   2,597        

or pleaded guilty to one or more of those offenses, but the home   2,598        

health agency chooses to employ the individual pursuant to         2,599        

division (F) of this section.                                      2,600        

      (2)  The chief administrator of a home health agency is not  2,603        

required to request that the superintendent of the bureau of       2,604        

criminal identification and investigation conduct a criminal       2,605        

records check of an applicant for a position that involves         2,606        

providing direct care to older adults and may employ the           2,607        

applicant conditionally in a position of that nature as described  2,608        

in this division, if the applicant has been referred to the        2,609        

agency by an employment service that supplies full-time,                        

part-time, or temporary staff for positions involving the direct   2,610        

care of older adults and if the chief administrator receives from  2,612        

the employment service or the applicant a letter from the          2,613        

employment service that is on the letterhead of the employment     2,614        

service, dated, and signed by a supervisor or another designated   2,615        

official of the employment service and that states that the        2,617        

employment service has requested the superintendent to conduct a   2,618        

criminal records check regarding the applicant, that the           2,619        

requested criminal records check will include a determination of   2,620        

whether the applicant has been convicted of or pleaded guilty to   2,621        

any offense listed or described in division (C)(2) of this         2,623        

section, that, as of the date set forth on the letter, the         2,624        

employment service had not received the results of the criminal    2,626        

records check, and that, when the employment service receives the  2,627        

                                                          62     


                                                                 
results of the criminal records check, it promptly will send a     2,628        

copy of the results to the home health agency.  If a home health   2,630        

agency employs an applicant conditionally in accordance with this  2,631        

division, the employment service, upon its receipt of the results  2,633        

of the criminal records check, promptly shall send a copy of the   2,634        

results to the home health agency, and division (C)(3)(b) of this  2,639        

section applies regarding the conditional employment.              2,640        

      (3)  The chief administrator of a home health agency is not  2,643        

required to request that the superintendent of the bureau of                    

criminal identification and investigation conduct a criminal       2,644        

records check of an applicant for a position that involves both    2,645        

responsibility for the care, custody, and control of a child and   2,646        

the provision of direct care to older adults if the applicant has  2,648        

been referred to the agency by an employment service that                       

supplies full-time, part-time, or temporary staff for positions    2,649        

involving both responsibility for the care, custody, and control   2,650        

of a child and the provision of direct care to older adults and    2,651        

both of the following apply:                                       2,652        

      (a)  The chief administrator receives from the employment    2,655        

service or applicant a report of a criminal records check of the   2,656        

type described in division (I)(1)(a) of this section;              2,658        

      (b)  The report of the criminal records check demonstrates   2,661        

that the person has not been convicted of or pleaded guilty to an  2,662        

offense listed or described in division (C)(1) or (2) of this      2,664        

section, or the report demonstrates that the person has been       2,665        

convicted of or pleaded guilty to one or more of those offenses,   2,666        

but the home health agency chooses to employ the individual        2,667        

pursuant to division (F) of this section.                          2,668        

      (4)  The chief administrator of a home health agency is not  2,671        

required to request that the superintendent of the bureau of                    

criminal identification and investigation conduct a criminal       2,672        

records check of an applicant for a position that involves both    2,673        

responsibility for the care, custody, and control of a child and   2,674        

the provision of direct care to older adults and may employ the    2,675        

                                                          63     


                                                                 
applicant conditionally in a position of that nature as described  2,676        

in this division, if the applicant has been referred to the        2,677        

agency by an employment service that supplies full-time,           2,678        

part-time, or temporary staff for positions involving both         2,679        

responsibility for the care, custody, and control of a child and   2,680        

the direct care of older adults and if the chief administrator     2,681        

receives from the employment service or the applicant a letter     2,682        

from the employment service that is on the letterhead of the       2,684        

employment service, dated, and signed by a supervisor or another   2,685        

designated official of the employment service and that states      2,687        

that the employment service has requested the superintendent to    2,688        

conduct a criminal records check regarding the applicant, that     2,689        

the requested criminal records check will include a determination  2,690        

of whether the applicant has been convicted of or pleaded guilty   2,691        

to any offense listed or described in division (C)(1) or (2) of    2,693        

this section, that, as of the date set forth on the letter, the    2,694        

employment service had not received the results of the criminal    2,695        

records check, and that, when the employment service receives the  2,696        

results of the criminal records check, it promptly will send a     2,697        

copy of the results to the home health agency.  If a home health   2,700        

agency employs an applicant conditionally in accordance with this  2,701        

division, the employment service, upon its receipt of the results  2,702        

of the criminal records check, promptly shall send a copy of the   2,703        

results to the home health agency, and division (C)(3)(b) of this  2,707        

section applies regarding the conditional employment.              2,708        

      Sec. 3712.09.  (A)  As used in this section:                 2,717        

      (1)  "Applicant" means a person who is under final           2,719        

consideration for employment with a hospice care program in a      2,720        

full-time, part-time, or temporary position that involves          2,722        

providing direct care to an older adult.  "Applicant" does not     2,723        

include a person who provides direct care as a volunteer without   2,724        

receiving or expecting to receive any form of remuneration other                

than reimbursement for actual expenses.                            2,725        

      (2)  "Criminal records check" and "older adult" have the     2,727        

                                                          64     


                                                                 
same meanings as in section 109.572 of the Revised Code.           2,728        

      (B)(1)  Except as provided in division (I) of this section,  2,730        

the chief administrator of a hospice care program shall request    2,732        

that the superintendent of the bureau of criminal identification   2,733        

and investigation conduct a criminal records check with respect    2,734        

to each applicant.  If an applicant for whom a criminal records    2,736        

check request is required under this division does not present     2,737        

proof of having been a resident of this state for the five-year    2,738        

period immediately prior to the date the criminal records check    2,739        

is requested or provide evidence that within that five-year        2,740        

period the superintendent has requested FINGERPRINT-BASED          2,741        

information about the applicant from the federal bureau of         2,742        

investigation in a criminal records check, the chief               2,743        

administrator shall request that the superintendent obtain         2,744        

FINGERPRINT-BASED information from the federal bureau of           2,746        

investigation as part of the criminal records check of the         2,747        

applicant.  Even if an applicant for whom a criminal records       2,748        

check request is required under this division presents proof of                 

having been a resident of this state for the five-year period,     2,750        

the chief administrator may request that the superintendent        2,751        

include FINGERPRINT-BASED information from the federal bureau of   2,752        

investigation in the criminal records check.                       2,754        

      (2)  A person required by division (B)(1) of this section    2,757        

to request a criminal records check shall do both of the                        

following:                                                         2,758        

      (a)  Provide to each applicant for whom a criminal records   2,760        

check request is required under that division a copy of the form   2,761        

prescribed pursuant to division (C)(1) of section 109.572 of the   2,763        

Revised Code and a standard fingerprint impression sheet           2,764        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   2,765        

pursuant to division (C)(2) of that section, and obtain the        2,766        

completed form and impression sheet MATERIAL from the applicant;   2,767        

      (b)  Forward OR TRANSMIT the completed form and impression   2,769        

sheet MATERIAL to the superintendent of the bureau of criminal     2,770        

                                                          65     


                                                                 
identification and investigation.                                  2,771        

      (3)  An applicant provided the form and fingerprint          2,773        

impression sheet MATERIAL under division (B)(2)(a) of this         2,775        

section who fails to complete the form or provide fingerprint      2,777        

impressions shall not be employed in any position for which a      2,778        

criminal records check is required by this section.                2,779        

      (C)(1)  Except as provided in rules adopted by the public    2,782        

health council in accordance with division (F) of this section     2,783        

and subject to division (C)(2) of this section, no hospice care    2,784        

program shall employ a person in a position that involves          2,785        

providing direct care to an older adult if the person has been     2,786        

convicted of or pleaded guilty to any of the following:            2,787        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       2,790        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     2,791        

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,     2,792        

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  2,794        

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,     2,795        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    2,797        

2925.22, 2925.23, or 3716.11 of the Revised Code.                  2,798        

      (b)  A violation of an existing or former law of this        2,800        

state, any other state, or the United States that is               2,802        

substantially equivalent to any of the offenses listed in                       

division (C)(1)(a) of this section.                                2,803        

      (2)(a)  A hospice care program may employ conditionally an   2,805        

applicant for whom a criminal records check request is required    2,807        

under division (B) of this section prior to obtaining the results  2,808        

of a criminal records check regarding the individual, provided     2,810        

that the program shall request a criminal records check regarding  2,812        

the individual in accordance with division (B)(1) of this section  2,813        

not later than five business days after the individual begins      2,814        

conditional employment.  In the circumstances described in         2,815        

division (I)(2) of this section, a hospice care program may        2,817        

                                                          66     


                                                                 
employ conditionally an applicant who has been referred to the     2,818        

hospice care program by an employment service that supplies        2,820        

full-time, part-time, or temporary staff for positions involving   2,821        

the direct care of older adults and for whom, pursuant to that     2,822        

division, a criminal records check is not required under division  2,823        

(B) of this section.                                               2,824        

      (b)  A hospice care program that employs an individual       2,828        

conditionally under authority of division (C)(2)(a) of this        2,829        

section shall terminate the individual's employment if the         2,830        

results of the criminal records check requested under division     2,832        

(B) of this section or described in division (I)(2) of this        2,833        

section, other than the results of any request for                 2,834        

FINGERPRINT-BASED information from the federal bureau of           2,835        

investigation, are not obtained within the period ending sixty     2,837        

days after the date the request is made.  Regardless of when the   2,838        

results of the criminal records check are obtained, if the         2,840        

results indicate that the individual has been convicted of or                   

pleaded guilty to any of the offenses listed or described in       2,841        

division (C)(1) of this section, the program shall terminate the   2,842        

individual's employment unless the program chooses to employ the   2,843        

individual pursuant to division (F) of this section.  Termination  2,844        

of employment under this division shall be considered just cause   2,845        

for discharge for purposes of division (D)(2) of section 4141.29   2,846        

of the Revised Code if the individual makes any attempt to         2,847        

deceive the program about the individual's criminal record.        2,848        

      (D)(1)  Each hospice care program shall pay to the bureau    2,851        

of criminal identification and investigation the fee prescribed    2,852        

pursuant to division (C)(3) of section 109.572 of the Revised      2,853        

Code for each criminal records check conducted pursuant to a       2,854        

request made under division (B) of this section.                   2,855        

      (2)  A hospice care program may charge an applicant a fee    2,857        

not exceeding the amount the program pays under division (D)(1)    2,859        

of this section.  A program may collect a fee only if both of the  2,860        

following apply:                                                                

                                                          67     


                                                                 
      (a)  The program notifies the person at the time of initial  2,862        

application for employment of the amount of the fee and that,      2,863        

unless the fee is paid, the person will not be considered for      2,864        

employment;                                                                     

      (b)  The medical assistance program established under        2,866        

Chapter 5111. of the Revised Code does not reimburse the program   2,868        

the fee it pays under division (D)(1) of this section.             2,869        

      (E)  The report of a criminal records check conducted        2,872        

pursuant to a request made under this section is not a public      2,873        

record for the purposes of section 149.43 of the Revised Code and  2,874        

shall not be made available to any person other than the           2,875        

following:                                                                      

      (1)  The individual who is the subject of the criminal       2,878        

records check or the individual's representative;                               

      (2)  The chief administrator of the program requesting the   2,881        

criminal records check or the administrator's representative;      2,882        

      (3)  The administrator of any other facility, agency, or     2,884        

program that provides direct care to older adults that is owned    2,885        

or operated by the same entity that owns or operates the hospice   2,886        

care program;                                                                   

      (4)  A court, hearing officer, or other necessary            2,889        

individual involved in a case dealing with a denial of employment  2,890        

of the applicant or dealing with employment or unemployment        2,891        

benefits of the applicant;                                                      

      (5)  Any person to whom the report is provided pursuant to,  2,894        

and in accordance with, division (I)(1) or (2) of this section.    2,896        

      (F)  The public health council shall adopt rules in          2,899        

accordance with Chapter 119. of the Revised Code to implement      2,900        

this section.  The rules shall specify circumstances under which   2,901        

a hospice care program may employ a person who has been convicted  2,902        

of or pleaded guilty to an offense listed or described in          2,903        

division (C)(1) of this section but meets personal character       2,904        

standards set by the council.                                                   

      (G)  The chief administrator of a hospice care program       2,907        

                                                          68     


                                                                 
shall inform each individual, at the time of initial application   2,908        

for a position that involves providing direct care to an older     2,909        

adult, that the individual is required to provide a set of                      

fingerprint impressions and that a criminal records check is       2,910        

required to be conducted if the individual comes under final       2,911        

consideration for employment.                                      2,912        

      (H)  In a tort or other civil action for damages that is     2,914        

brought as the result of an injury, death, or loss to person or    2,915        

property caused by an individual who a hospice care program        2,916        

employs in a position that involves providing direct care to       2,917        

older adults, all of the following shall apply:                    2,919        

      (1)  If the program employed the individual in good faith    2,921        

and reasonable reliance on the report of a criminal records check  2,923        

requested under this section, the program shall not be found       2,924        

negligent solely because of its reliance on the report, even if    2,925        

the information in the report is determined later to have been     2,926        

incomplete or inaccurate;                                                       

      (2)  If the program employed the individual in good faith    2,928        

on a conditional basis pursuant to division (C)(2) of this         2,930        

section, the program shall not be found negligent solely because   2,931        

it employed the individual prior to receiving the report of a      2,932        

criminal records check requested under this section;               2,933        

      (3)  If the program in good faith employed the individual    2,935        

according to the personal character standards established in       2,936        

rules adopted under division (F) of this section, the program      2,937        

shall not be found negligent solely because the individual prior   2,938        

to being employed had been convicted of or pleaded guilty to an    2,939        

offense listed or described in division (C)(1) of this section.    2,940        

      (I)(1)  The chief administrator of a hospice care program    2,942        

is not required to request that the superintendent of the bureau   2,944        

of criminal identification and investigation conduct a criminal    2,945        

records check of an applicant if the applicant has been referred   2,946        

to the program by an employment service that supplies full-time,   2,948        

part-time, or temporary staff for positions involving the direct   2,949        

                                                          69     


                                                                 
care of older adults and both of the following apply:              2,950        

      (a)  The chief administrator receives from the employment    2,952        

service or the applicant a report of the results of a criminal     2,953        

records check regarding the applicant that has been conducted by   2,954        

the superintendent within the one-year period immediately          2,955        

preceding the applicant's referral;                                2,956        

      (b)  The report of the criminal records check demonstrates   2,958        

that the person has not been convicted of or pleaded guilty to an  2,960        

offense listed or described in division (C)(1) of this section,    2,961        

or the report demonstrates that the person has been convicted of   2,962        

or pleaded guilty to one or more of those offenses, but the        2,963        

hospice care program chooses to employ the individual pursuant to  2,964        

division (F) of this section.                                      2,965        

      (2)  The chief administrator of a hospice care program is    2,968        

not required to request that the superintendent of the bureau of   2,969        

criminal identification and investigation conduct a criminal       2,970        

records check of an applicant and may employ the applicant         2,971        

conditionally as described in this division, if the applicant has  2,973        

been referred to the program by an employment service that                      

supplies full-time, part-time, or temporary staff for positions    2,974        

involving the direct care of older adults and if the chief         2,975        

administrator receives from the employment service or the          2,976        

applicant a letter from the employment service that is on the      2,978        

letterhead of the employment service, dated, and signed by a       2,979        

supervisor or another designated official of the employment        2,980        

service and that states that the employment service has requested  2,982        

the superintendent to conduct a criminal records check regarding   2,983        

the applicant, that the requested criminal records check will      2,984        

include a determination of whether the applicant has been          2,985        

convicted of or pleaded guilty to any offense listed or described  2,986        

in division (C)(1) of this section, that, as of the date set       2,988        

forth on the letter, the employment service had not received the   2,989        

results of the criminal records check, and that, when the          2,990        

employment service receives the results of the criminal records    2,992        

                                                          70     


                                                                 
check, it promptly will send a copy of the results to the hospice  2,994        

care program.  If a hospice care program employs an applicant      2,996        

conditionally in accordance with this division, the employment     2,997        

service, upon its receipt of the results of the criminal records   2,998        

check, promptly shall send a copy of the results to the hospice    2,999        

care program, and division (C)(2)(b) of this section applies       3,003        

regarding the conditional employment.                              3,004        

      Sec. 3721.121.  (A)  As used in this section:                3,013        

      (1)  "Adult day-care program" means a program operated       3,015        

pursuant to rules adopted by the public health council under       3,016        

section 3721.04 of the Revised Code and provided by and on the     3,018        

same site as homes licensed under this chapter.                                 

      (2)  "Applicant" means a person who is under final           3,020        

consideration for employment with a home or adult day-care         3,021        

program in a full-time, part-time, or temporary position that      3,022        

involves providing direct care to an older adult.  "Applicant"     3,023        

does not include a person who provides direct care as a volunteer  3,024        

without receiving or expecting to receive any form of              3,025        

remuneration other than reimbursement for actual expenses.                      

      (3)  "Criminal records check" and "older adult" have the     3,027        

same meanings as in section 109.572 of the Revised Code.           3,028        

      (4)  "Home" means a home as defined in section 3721.10 of    3,030        

the Revised Code.                                                  3,031        

      (B)(1)  Except as provided in division (I) of this section,  3,034        

the chief administrator of a home or adult day-care program shall  3,035        

request that the superintendent of the bureau of criminal          3,036        

identification and investigation conduct a criminal records check  3,037        

with respect to each applicant.  If an applicant for whom a        3,039        

criminal records check request is required under this division     3,040        

does not present proof of having been a resident of this state     3,041        

for the five-year period immediately prior to the date the         3,042        

criminal records check is requested or provide evidence that                    

within that five-year period the superintendent has requested      3,043        

FINGERPRINT-BASED information about the applicant from the         3,044        

                                                          71     


                                                                 
federal bureau of investigation in a criminal records check, the   3,046        

chief administrator shall request that the superintendent obtain   3,047        

FINGERPRINT-BASED information from the federal bureau of           3,049        

investigation as part of the criminal records check of the         3,050        

applicant.  Even if an applicant for whom a criminal records       3,051        

check request is required under this division presents proof of                 

having been a resident of this state for the five-year period,     3,053        

the chief administrator may request that the superintendent        3,054        

include FINGERPRINT-BASED information from the federal bureau of   3,055        

investigation in the criminal records check.                       3,057        

      (2)  A person required by division (B)(1) of this section    3,060        

to request a criminal records check shall do both of the                        

following:                                                         3,061        

      (a)  Provide to each applicant for whom a criminal records   3,063        

check request is required under that division a copy of the form   3,064        

prescribed pursuant to division (C)(1) of section 109.572 of the   3,066        

Revised Code and a standard fingerprint impression sheet           3,067        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   3,068        

pursuant to division (C)(2) of that section, and obtain the        3,069        

completed form and impression sheet MATERIAL from the applicant;   3,070        

      (b)  Forward OR TRANSMIT the completed form and impression   3,072        

sheet MATERIAL to the superintendent of the bureau of criminal     3,073        

identification and investigation.                                  3,074        

      (3)  An applicant provided the form and fingerprint          3,076        

impression sheet MATERIAL under division (B)(2)(a) of this         3,078        

section who fails to complete the form or provide fingerprint      3,079        

impressions shall not be employed in any position for which a      3,081        

criminal records check is required by this section.                3,082        

      (C)(1)  Except as provided in rules adopted by the director  3,085        

of health in accordance with division (F) of this section and      3,086        

subject to division (C)(2) of this section, no home or adult       3,087        

day-care program shall employ a person in a position that          3,089        

involves providing direct care to an older adult if the person                  

has been convicted of or pleaded guilty to any of the following:   3,090        

                                                          72     


                                                                 
      (a)  A violation of section 2903.01, 2903.02, 2903.03,       3,093        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     3,094        

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,     3,095        

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  3,097        

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,     3,098        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    3,099        

2925.22, 2925.23, or 3716.11 of the Revised Code.                  3,100        

      (b)  A violation of an existing or former law of this        3,102        

state, any other state, or the United States that is               3,104        

substantially equivalent to any of the offenses listed in          3,105        

division (C)(1)(a) of this section.                                3,106        

      (2)(a)  A home or an adult day-care program may employ       3,108        

conditionally an applicant for whom a criminal records check       3,110        

request is required under division (B) of this section prior to    3,111        

obtaining the results of a criminal records check regarding the    3,113        

individual, provided that the home or program shall request a      3,115        

criminal records check regarding the individual in accordance      3,116        

with division (B)(1) of this section not later than five business  3,118        

days after the individual begins conditional employment.  In the   3,120        

circumstances described in division (I)(2) of this section, a      3,121        

home or adult day-care program may employ conditionally an         3,123        

applicant who has been referred to the home or adult day-care      3,124        

program by an employment service that supplies full-time,          3,125        

part-time, or temporary staff for positions involving the direct   3,126        

care of older adults and for whom, pursuant to that division, a    3,127        

criminal records check is not required under division (B) of this  3,129        

section.                                                                        

      (b)  A home or adult day-care program that employs an        3,131        

individual conditionally under authority of division (C)(2)(a) of  3,133        

this section shall terminate the individual's employment if the    3,134        

results of the criminal records check requested under division     3,135        

(B) of this section or described in division (I)(2) of this        3,136        

                                                          73     


                                                                 
section, other than the results of any request for                 3,137        

FINGERPRINT-BASED information from the federal bureau of           3,138        

investigation, are not obtained within the period ending sixty     3,139        

days after the date the request is made.  Regardless of when the   3,140        

results of the criminal records check are obtained, if the         3,141        

results indicate that the individual has been convicted of or      3,142        

pleaded guilty to any of the offenses listed or described in       3,143        

division (C)(1) of this section, the home or program shall         3,144        

terminate the individual's employment unless the home or program   3,145        

chooses to employ the individual pursuant to division (F) of this  3,147        

section.  Termination of employment under this division shall be   3,148        

considered just cause for discharge for purposes of division       3,149        

(D)(2) of section 4141.29 of the Revised Code if the individual    3,150        

makes any attempt to deceive the home or program about the         3,151        

individual's criminal record.                                                   

      (D)(1)  Each home or adult day-care program shall pay to     3,154        

the bureau of criminal identification and investigation the fee    3,155        

prescribed pursuant to division (C)(3) of section 109.572 of the   3,156        

Revised Code for each criminal records check conducted pursuant    3,157        

to a request made under division (B) of this section.              3,158        

      (2)  A home or adult day-care program may charge an          3,160        

applicant a fee not exceeding the amount the home or program pays  3,161        

under division (D)(1) of this section.  A home or program may      3,163        

collect a fee only if both of the following apply:                              

      (a)  The home or program notifies the person at the time of  3,165        

initial application for employment of the amount of the fee and    3,167        

that, unless the fee is paid, the person will not be considered                 

for employment;                                                    3,168        

      (b)  The medical assistance program established under        3,170        

Chapter 5111. of the Revised Code does not reimburse the home or   3,172        

program the fee it pays under division (D)(1) of this section.     3,173        

      (E)  The report of any criminal records check conducted      3,176        

pursuant to a request made under this section is not a public      3,177        

record for the purposes of section 149.43 of the Revised Code and  3,178        

                                                          74     


                                                                 
shall not be made available to any person other than the           3,179        

following:                                                                      

      (1)  The individual who is the subject of the criminal       3,182        

records check or the individual's representative;                               

      (2)  The chief administrator of the home or program          3,185        

requesting the criminal records check or the administrator's       3,186        

representative;                                                                 

      (3)  The administrator of any other facility, agency, or     3,188        

program that provides direct care to older adults that is owned    3,189        

or operated by the same entity that owns or operates the home or   3,190        

program;                                                                        

      (4)  A court, hearing officer, or other necessary            3,193        

individual involved in a case dealing with a denial of employment  3,194        

of the applicant or dealing with employment or unemployment                     

benefits of the applicant;                                         3,195        

      (5)  Any person to whom the report is provided pursuant to,  3,198        

and in accordance with, division (I)(1) or (2) of this section.    3,200        

      (F)  In accordance with section 3721.11 of the Revised       3,202        

Code, the director of health shall adopt rules to implement this   3,203        

section.  The rules shall specify circumstances under which a      3,204        

home or adult day-care program may employ a person who has been    3,205        

convicted of or pleaded guilty to an offense listed or described   3,206        

in division (C)(1) of this section but meets personal character    3,207        

standards set by the director.                                     3,208        

      (G)  The chief administrator of a home or adult day-care     3,210        

program shall inform each individual, at the time of initial       3,211        

application for a position that involves providing direct care to  3,212        

an older adult, that the individual is required to provide a set   3,213        

of fingerprint impressions and that a criminal records check is    3,214        

required to be conducted if the individual comes under final       3,215        

consideration for employment.                                                   

      (H)  In a tort or other civil action for damages that is     3,217        

brought as the result of an injury, death, or loss to person or    3,218        

property caused by an individual who a home or adult day-care      3,220        

                                                          75     


                                                                 
program employs in a position that involves providing direct care  3,221        

to older adults, all of the following shall apply:                 3,222        

      (1)  If the home or program employed the individual in good  3,224        

faith and reasonable reliance on the report of a criminal records  3,225        

check requested under this section, the home or program shall not  3,226        

be found negligent solely because of its reliance on the report,   3,227        

even if the information in the report is determined later to have  3,229        

been incomplete or inaccurate;                                                  

      (2)  If the home or program employed the individual in good  3,231        

faith on a conditional basis pursuant to division (C)(2) of this   3,232        

section, the home or program shall not be found negligent solely   3,233        

because it employed the individual prior to receiving the report   3,234        

of a criminal records check requested under this section;          3,235        

      (3)  If the home or program in good faith employed the       3,237        

individual according to the personal character standards           3,239        

established in rules adopted under division (F) of this section,   3,241        

the home or program shall not be found negligent solely because                 

the individual prior to being employed had been convicted of or    3,242        

pleaded guilty to an offense listed or described in division       3,243        

(C)(1) of this section.                                            3,244        

      (I)(1)  The chief administrator of a home or adult day-care  3,246        

program is not required to request that the superintendent of the  3,248        

bureau of criminal identification and investigation conduct a      3,249        

criminal records check of an applicant if the applicant has been   3,250        

referred to the home or program by an employment service that      3,252        

supplies full-time, part-time, or temporary staff for positions    3,253        

involving the direct care of older adults and both of the          3,254        

following apply:                                                                

      (a)  The chief administrator receives from the employment    3,256        

service or the applicant a report of the results of a criminal     3,257        

records check regarding the applicant that has been conducted by   3,258        

the superintendent within the one-year period immediately          3,259        

preceding the applicant's referral;                                3,260        

      (b)  The report of the criminal records check demonstrates   3,262        

                                                          76     


                                                                 
that the person has not been convicted of or pleaded guilty to an  3,264        

offense listed or described in division (C)(1) of this section,                 

or the report demonstrates that the person has been convicted of   3,267        

or pleaded guilty to one or more of those offenses, but the home   3,268        

or adult day-care program chooses to employ the individual         3,269        

pursuant to division (F) of this section.                          3,270        

      (2)  The chief administrator of a home or adult day-care     3,273        

program is not required to request that the superintendent of the  3,274        

bureau of criminal identification and investigation conduct a      3,275        

criminal records check of an applicant and may employ the          3,276        

applicant conditionally as described in this division, if the      3,277        

applicant has been referred to the home or program by an           3,278        

employment service that supplies full-time, part-time, or          3,279        

temporary staff for positions involving the direct care of older   3,280        

adults and if the chief administrator receives from the            3,281        

employment service or the applicant a letter from the employment   3,282        

service that is on the letterhead of the employment service,       3,283        

dated, and signed by a supervisor or another designated official   3,284        

of the employment service and that states that the employment      3,285        

service has requested the superintendent to conduct a criminal     3,286        

records check regarding the applicant, that the requested          3,287        

criminal records check will include a determination of whether     3,288        

the applicant has been convicted of or pleaded guilty to any       3,289        

offense listed or described in division (C)(1) of this section,    3,290        

that, as of the date set forth on the letter, the employment       3,292        

service had not received the results of the criminal records       3,293        

check, and that, when the employment service receives the results  3,294        

of the criminal records check, it promptly will send a copy of     3,295        

the results to the home or adult-care program.  If a home or       3,296        

adult day-care program employs an applicant conditionally in       3,297        

accordance with this division, the employment service, upon its    3,298        

receipt of the results of the criminal records check, promptly     3,299        

shall send a copy of the results to the home or adult day-care                  

program, and division (C)(2)(b) of this section applies regarding  3,303        

                                                          77     


                                                                 
the conditional employment.                                        3,304        

      Sec. 3722.151.  (A)  As used in this section:                3,313        

      (1)  "Adult care facility" has the same meaning as in        3,315        

section 3722.01 of the Revised Code.                               3,316        

      (2)  "Applicant" means a person who is under final           3,318        

consideration for employment with an adult care facility in a      3,319        

full-time, part-time, or temporary position that involves          3,321        

providing direct care to an older adult.  "Applicant" does not                  

include a person who provides direct care as a volunteer without   3,324        

receiving or expecting to receive any form of remuneration other   3,325        

than reimbursement for actual expenses.                                         

      (3)  "Criminal records check" and "older adult" have the     3,327        

same meanings as in section 109.572 of the Revised Code.           3,328        

      (B)(1)  Except as provided in division (I) of this section,  3,331        

the chief administrator of an adult care facility shall request    3,332        

that the superintendent of the bureau of criminal identification   3,333        

and investigation conduct a criminal records check with respect    3,334        

to each applicant.  If an applicant for whom a criminal records    3,335        

check request is required under this division does not present     3,336        

proof of having been a resident of this state for the five-year    3,337        

period immediately prior to the date the criminal records check    3,338        

is requested or provide evidence that within that five-year        3,339        

period the superintendent has requested FINGERPRINT-BASED                       

information about the applicant from the federal bureau of         3,341        

investigation in a criminal records check, the chief               3,342        

administrator shall request that the superintendent obtain         3,343        

FINGERPRINT-BASED information from the federal bureau of           3,344        

investigation as part of the criminal records check of the         3,345        

applicant.  Even if an applicant for whom a criminal records       3,347        

check request is required under this division presents proof of                 

having been a resident of this state for the five-year period,     3,349        

the chief administrator may request that the superintendent        3,350        

include FINGERPRINT-BASED information from the federal bureau of   3,351        

investigation in the criminal records check.                       3,353        

                                                          78     


                                                                 
      (2)  A person required by division (B)(1) of this section    3,355        

to request a criminal records check shall do both of the           3,356        

following:                                                         3,357        

      (a)  Provide to each applicant for whom a criminal records   3,359        

check request is required under that division a copy of the form   3,360        

prescribed pursuant to division (C)(1) of section 109.572 of the   3,361        

Revised Code and a standard fingerprint impression sheet           3,362        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   3,363        

pursuant to division (C)(2) of that section, and obtain the        3,364        

completed form and impression sheet MATERIAL from the applicant;   3,365        

      (b)  Forward OR TRANSMIT the completed form and impression   3,367        

sheet MATERIAL to the superintendent of the bureau of criminal     3,369        

identification and investigation.                                  3,370        

      (3)  An applicant provided the form and fingerprint          3,372        

impression sheet MATERIAL under division (B)(2)(a) of this         3,374        

section who fails to complete the form or provide fingerprint      3,375        

impressions shall not be employed in any position for which a      3,376        

criminal records check is required by this section.                3,377        

      (C)(1)  Except as provided in rules adopted by the public    3,379        

health council in accordance with division (F) of this section     3,380        

and subject to division (C)(2) of this section, no adult care      3,382        

facility shall employ a person in a position that involves         3,383        

providing direct care to an older adult if the person has been     3,384        

convicted of or pleaded guilty to any of the following:                         

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       3,386        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     3,387        

2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,     3,388        

2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,     3,390        

2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,  3,391        

2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,     3,392        

2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,     3,393        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,    3,394        

2925.22, 2925.23, or 3716.11 of the Revised Code.                  3,395        

      (b)  A violation of an existing or former law of this        3,397        

                                                          79     


                                                                 
state, any other state, or the United States that is               3,399        

substantially equivalent to any of the offenses listed in          3,400        

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

      (2)(a)  An adult care facility may employ conditionally an   3,402        

applicant for whom a criminal records check request is required    3,404        

under division (B) of this section prior to obtaining the results  3,405        

of a criminal records check regarding the individual, provided     3,407        

that the facility shall request a criminal records check           3,409        

regarding the individual in accordance with division (B)(1) of     3,410        

this section not later than five business days after the           3,411        

individual begins conditional employment.  In the circumstances    3,412        

described in division (I)(2) of this section, an adult care        3,414        

facility may employ conditionally an applicant who has been        3,415        

referred to the adult care facility by an employment service that  3,417        

supplies full-time, part-time, or temporary staff for positions    3,418        

involving the direct care of older adults and for whom, pursuant   3,419        

to that division, a criminal records check is not required under   3,420        

division (B) of this section.                                      3,421        

      (b)  An adult care facility that employs an individual       3,424        

conditionally under authority of division (C)(2)(a) of this        3,425        

section shall terminate the individual's employment if the         3,426        

results of the criminal records check requested under division     3,427        

(B) of this section or described in division (I)(2) of this        3,428        

section, other than the results of any request for                 3,430        

FINGERPRINT-BASED information from the federal bureau of                        

investigation, are not obtained within the period ending sixty     3,433        

days after the date the request is made.  Regardless of when the   3,434        

results of the criminal records check are obtained, if the         3,435        

results indicate that the individual has been convicted of or      3,436        

pleaded guilty to any of the offenses listed or described in       3,437        

division (C)(1) of this section, the facility shall terminate the  3,438        

individual's employment unless the facility chooses to employ the  3,440        

individual pursuant to division (F) of this section.  Termination  3,442        

of employment under this division shall be considered just cause   3,443        

                                                          80     


                                                                 
for discharge for purposes of division (D)(2) of section 4141.29   3,444        

of the Revised Code if the individual makes any attempt to         3,446        

deceive the facility about the individual's criminal record.       3,448        

      (D)(1)  Each adult care facility shall pay to the bureau of  3,450        

criminal identification and investigation the fee prescribed       3,451        

pursuant to division (C)(3) of section 109.572 of the Revised      3,452        

Code for each criminal records check conducted pursuant to a       3,453        

request made under division (B) of this section.                   3,455        

      (2)  An adult care facility may charge an applicant a fee    3,457        

not exceeding the amount the facility pays under division (D)(1)   3,458        

of this section.  A facility may collect a fee only if it          3,459        

notifies the person at the time of initial application for         3,460        

employment of the amount of the fee and that, unless the fee is    3,461        

paid, the person will not be considered for employment.            3,462        

      (E)  The report of any criminal records check conducted      3,464        

pursuant to a request made under this section is not a public      3,465        

record for the purposes of section 149.43 of the Revised Code and  3,466        

shall not be made available to any person other than the           3,467        

following:                                                                      

      (1)  The individual who is the subject of the criminal       3,469        

records check or the individual's representative;                  3,470        

      (2)  The chief administrator of the facility requesting the  3,473        

criminal records check or the administrator's representative;                   

      (3)  The administrator of any other facility, agency, or     3,475        

program that provides direct care to older adults that is owned    3,476        

or operated by the same entity that owns or operates the adult     3,477        

care facility;                                                                  

      (4)  A court, hearing officer, or other necessary            3,479        

individual involved in a case dealing with a denial of employment  3,480        

of the applicant or dealing with employment or unemployment        3,481        

benefits of the applicant;                                                      

      (5)  Any person to whom the report is provided pursuant to,  3,483        

and in accordance with, division (I)(1) or (2) of this section.    3,484        

      (F)  The public health council shall adopt rules in          3,486        

                                                          81     


                                                                 
accordance with Chapter 119. of the Revised Code to implement      3,487        

this section.  The rules shall specify circumstances under which   3,488        

an adult care facility may employ a person who has been convicted  3,489        

of or pleaded guilty to an offense listed or described in          3,490        

division (C)(1) of this section but meets personal character       3,491        

standards set by the council.                                      3,492        

      (G)  The chief administrator of an adult care facility       3,494        

shall inform each individual, at the time of initial application   3,495        

for a position that involves providing direct care to an older     3,496        

adult, that the individual is required to provide a set of         3,497        

fingerprint impressions and that a criminal records check is       3,498        

required to be conducted if the individual comes under final       3,499        

consideration for employment.                                                   

      (H)  In a tort or other civil action for damages that is     3,501        

brought as the result of an injury, death, or loss to person or    3,502        

property caused by an individual who an adult care facility        3,503        

employs in a position that involves providing direct care to       3,504        

older adults, all of the following shall apply:                    3,506        

      (1)  If the facility employed the individual in good faith   3,508        

and reasonable reliance on the report of a criminal records check  3,510        

requested under this section, the facility shall not be found      3,511        

negligent solely because of its reliance on the report, even if    3,512        

the information in the report is determined later to have been     3,513        

incomplete or inaccurate;                                                       

      (2)  If the facility employed the individual in good faith   3,515        

on a conditional basis pursuant to division (C)(2) of this         3,516        

section, the facility shall not be found negligent solely because  3,517        

it employed the individual prior to receiving the report of a      3,518        

criminal records check requested under this section;               3,519        

      (3)  If the facility in good faith employed the individual   3,521        

according to the personal character standards established in       3,522        

rules adopted under division (F) of this section, the facility     3,524        

shall not be found negligent solely because the individual prior   3,525        

to being employed had been convicted of or pleaded guilty to an    3,526        

                                                          82     


                                                                 
offense listed or described in division (C)(1) of this section.    3,527        

      (I)(1)  The chief administrator of an adult care facility    3,529        

is not required to request that the superintendent of the bureau   3,531        

of criminal identification and investigation conduct a criminal    3,532        

records check of an applicant if the applicant has been referred   3,533        

to the facility by an employment service that supplies full-time,  3,534        

part-time, or temporary staff for positions involving the direct   3,535        

care of older adults and both of the following apply:              3,536        

      (a)  The chief administrator receives from the employment    3,538        

service or the applicant a report of the results of a criminal     3,539        

records check regarding the applicant that has been conducted by   3,540        

the superintendent within the one-year period immediately          3,541        

preceding the applicant's referral;                                3,542        

      (b)  The report of the criminal records check demonstrates   3,544        

that the person has not been convicted of or pleaded guilty to an  3,546        

offense listed or described in division (C)(1) of this section,    3,547        

or the report demonstrates that the person has been convicted of   3,548        

or pleaded guilty to one or more of those offenses, but the adult  3,549        

care facility chooses to employ the individual pursuant to                      

division (F) of this section.                                      3,550        

      (2)  The chief administrator of an adult care facility is    3,553        

not required to request that the superintendent of the bureau of   3,554        

criminal identification and investigation conduct a criminal       3,555        

records check of an applicant and may employ the applicant         3,556        

conditionally as described in this division, if the applicant has  3,558        

been referred to the facility by an employment service that                     

supplies full-time, part-time, or temporary staff for positions    3,559        

involving the direct care of older adults and if the chief         3,560        

administrator receives from the employment service or the          3,561        

applicant a letter from the employment service that is on the      3,562        

letterhead of the employment service, dated, and signed by a       3,563        

supervisor or another designated official of the employment        3,564        

service and that states that the employment service has requested  3,566        

the superintendent to conduct a criminal records check regarding   3,567        

                                                          83     


                                                                 
the applicant, that the requested criminal records check will      3,568        

include a determination of whether the applicant has been          3,569        

convicted of or pleaded guilty to any offense listed or described  3,570        

in division (C)(1) of this section, that, as of the date set       3,572        

forth on the letter, the employment service had not received the   3,573        

results of the criminal records check, and that, when the          3,574        

employment service receives the results of the criminal records    3,575        

check, it promptly will send a copy of the results to the adult    3,576        

care facility.  If an adult care facility employs an applicant     3,578        

conditionally in accordance with this division, the employment                  

service, upon its receipt of the results of the criminal records   3,579        

check, promptly shall send a copy of the results to the adult      3,580        

care facility, and division (C)(2)(b) of this section applies      3,583        

regarding the conditional employment.                              3,584        

      Sec. 5104.012.  (A)(1)  The administrator of a child         3,593        

day-care center or a type A family day-care home and the provider  3,595        

of a certified type B family day-care home shall request the       3,596        

superintendent of the bureau of criminal identification and        3,597        

investigation to conduct a criminal records check with respect to  3,598        

any applicant who has applied to the center, type A home, or       3,599        

certified type B home for employment as a person responsible for   3,601        

the care, custody, or control of a child.  If the applicant does   3,602        

not present proof that the applicant has been a resident of this   3,603        

state for the five-year period immediately prior to the date upon  3,604        

which the criminal records check is requested or does not provide  3,605        

evidence that within that five-year period the superintendent has  3,606        

requested FINGERPRINT-BASED information about the applicant from   3,607        

the federal bureau of investigation in a criminal records check,   3,609        

the administrator or provider shall request that the               3,610        

superintendent obtain FINGERPRINT-BASED information from the       3,612        

federal bureau of investigation as a part of the criminal records  3,613        

check for the applicant.  If the applicant presents proof that     3,614        

the applicant has been a resident of this state for that           3,615        

five-year period, the administrator or provider may request that   3,616        

                                                          84     


                                                                 
the superintendent include FINGERPRINT-BASED information from the  3,617        

federal bureau of investigation in the criminal records check.     3,618        

      (2)  A person required by division (A)(1) of this section    3,620        

to request a criminal records check shall provide to each          3,621        

applicant a copy of the form prescribed pursuant to division       3,622        

(C)(1) of section 109.572 of the Revised Code, provide to each     3,623        

applicant a standard impression sheet to AND ANY MATERIAL NEEDED   3,624        

TO obtain fingerprint impressions prescribed pursuant to division  3,626        

(C)(2) of THAT section 109.572 of the Revised Code, obtain the     3,628        

completed form and impression sheet MATERIAL from each applicant,  3,629        

and forward OR TRANSMIT the completed form and impression sheet    3,631        

MATERIAL to the superintendent of the bureau of criminal           3,633        

identification and investigation at the time the person requests   3,634        

a criminal records check pursuant to division (A)(1) of this       3,635        

section.                                                                        

      (3)  An applicant who receives pursuant to division (A)(2)   3,637        

of this section a copy of the form prescribed pursuant to          3,638        

division (C)(1) of section 109.572 of the Revised Code and a copy  3,639        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    3,640        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        3,642        

section and who is requested to complete the form and provide a    3,643        

set of fingerprint impressions shall complete the form or provide  3,644        

all the information necessary to complete the form and shall       3,645        

provide the impression sheet MATERIAL with the impressions of the  3,646        

applicant's fingerprints.  If an applicant, upon request, fails    3,647        

to provide the information necessary to complete the form or       3,648        

fails to provide impressions of the applicant's fingerprints, the  3,649        

center, type A home, or type B home shall not employ that          3,651        

applicant for any position for which a criminal records check is   3,653        

required by division (A)(1) of this section.                                    

      (B)(1)  Except as provided in rules adopted under division   3,655        

(E) of this section, no child day-care center, type A family       3,658        

day-care home, or certified type B family day-care home shall      3,660        

employ or contract with another entity for the services of a       3,661        

                                                          85     


                                                                 
person as a person responsible for the care, custody, or control   3,662        

of a child if the person previously has been convicted of or       3,663        

pleaded guilty to any of the following:                            3,664        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       3,666        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     3,667        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     3,669        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     3,670        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  3,671        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     3,672        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    3,673        

2925.06, or 3716.11 of the Revised Code, a violation of section    3,674        

2905.04 of the Revised Code as it existed prior to July 1, 1996,   3,675        

a violation of section 2919.23 of the Revised Code that would      3,676        

have been a violation of section 2905.04 of the Revised Code as                 

it existed prior to July 1, 1996, had the violation occurred       3,677        

prior to that date, a violation of section 2925.11 of the Revised  3,678        

Code that is not a minor drug possession offense, or felonious     3,679        

sexual penetration in violation of former section 2907.12 of the   3,680        

Revised Code;                                                                   

      (b)  A violation of an existing or former law of this        3,682        

state, any other state, or the United States that is               3,683        

substantially equivalent to any of the offenses or violations      3,684        

described in division (B)(1)(a) of this section.                   3,685        

      (2)  A child day-care center, type A family day-care home,   3,687        

or certified type B family day-care home may employ an applicant   3,689        

conditionally until the criminal records check required by this    3,690        

section is completed and the center or home receives the results   3,691        

of the criminal records check.  If the results of the criminal     3,692        

records check indicate that, pursuant to division (B)(1) of this   3,693        

section, the applicant does not qualify for employment, the        3,694        

center or home shall release the applicant from employment.        3,695        

      (C)(1)  Each child day-care center, type A family day-care   3,697        

home, and certified type B family day-care home shall pay to the   3,699        

bureau of criminal identification and investigation the fee        3,700        

                                                          86     


                                                                 
prescribed pursuant to division (C)(3) of section 109.572 of the   3,701        

Revised Code for each criminal records check conducted in          3,702        

accordance with that section upon the request pursuant to          3,703        

division (A)(1) of this section of the administrator or provider   3,704        

of the center or home.                                             3,705        

      (2)  A child day-care center, type A family day-care home,   3,707        

and certified type B family day-care home may charge an applicant  3,709        

a fee for the costs it incurs in obtaining a criminal records      3,710        

check under this section.  A fee charged under this division       3,711        

shall not exceed the amount of fees the center or home pays under  3,712        

division (C)(1) of this section.  If a fee is charged under this   3,713        

division, the center or home shall notify the applicant at the     3,714        

time of the applicant's initial application for employment of the  3,715        

amount of the fee and that, unless the fee is paid, the center,    3,716        

type A home, or type B home will not consider the applicant for    3,719        

employment.                                                                     

      (D)  The report of any criminal records check conducted by   3,721        

the bureau of criminal identification and investigation in         3,722        

accordance with section 109.572 of the Revised Code and pursuant   3,723        

to a request under division (A)(1) of this section is not a        3,724        

public record for the purposes of section 149.43 of the Revised    3,725        

Code and shall not be made available to any person other than the  3,726        

applicant who is the subject of the criminal records check or the  3,727        

applicant's representative; the center, type A home, or certified  3,729        

type B home requesting the criminal records check or its           3,731        

representative; the department of job and family services or a     3,732        

county department of job and family services; and any court,       3,734        

hearing officer, or other necessary individual involved in a case  3,735        

dealing with the denial of employment to the applicant.            3,736        

      (E)  The director of job and family services shall adopt     3,739        

rules pursuant to Chapter 119. of the Revised Code to implement    3,740        

this section, including rules specifying circumstances under       3,741        

which a center or home may hire a person who has been convicted    3,742        

of an offense listed in division (B)(1) of this section but who    3,743        

                                                          87     


                                                                 
meets standards in regard to rehabilitation set by the             3,744        

department.                                                                     

      (F)  Any person required by division (A)(1) of this section  3,746        

to request a criminal records check shall inform each person, at   3,747        

the time of the person's initial application for employment, that  3,748        

the person is required to provide a set of impressions of the      3,749        

person's fingerprints and that a criminal records check is         3,751        

required to be conducted and satisfactorily completed in           3,752        

accordance with section 109.572 of the Revised Code if the person  3,753        

comes under final consideration for appointment or employment as   3,754        

a precondition to employment for that position.                    3,755        

      (G)  As used in this section:                                3,757        

      (1)  "Applicant" means a person who is under final           3,759        

consideration for appointment to or employment in a position with  3,760        

a child day-care center, a type A family day-care home, or a       3,761        

certified type B family day-care home as a person responsible for  3,763        

the care, custody, or control of a child; an in-home aide          3,764        

certified pursuant to section 5104.12 of the Revised Code; or any  3,765        

person who would serve in any position with a child day-care       3,766        

center, a type A family day-care home, or a certified type B       3,768        

family day-care home as a person responsible for the care,         3,769        

custody, or control of a child pursuant to a contract with         3,770        

another entity.                                                    3,771        

      (2)  "Criminal records check" has the same meaning as in     3,773        

section 109.572 of the Revised Code.                               3,774        

      (3)  "Minor drug possession offense" has the same meaning    3,776        

as in section 2925.01 of the Revised Code.                         3,777        

      Sec. 5104.013.  (A)(1)  The director of job and family       3,786        

services, as part of the process of licensure of child day-care    3,787        

centers and type A family day-care homes, shall request the        3,788        

superintendent of the bureau of criminal identification and        3,789        

investigation to conduct a criminal records check with respect to  3,790        

the following persons:                                             3,791        

      (a)  Any owner, licensee, or administrator of a child        3,793        

                                                          88     


                                                                 
day-care center;                                                   3,794        

      (b)  Any owner, licensee, or administrator of a type A       3,796        

family day-care home and any person eighteen years of age or       3,797        

older who resides in a type A family day-care home.                3,799        

      (2)  The director of a county department of job and family   3,801        

services, as part of the process of certification of type B        3,803        

family day-care homes, shall request the superintendent of the     3,804        

bureau of criminal identification and investigation to conduct a   3,805        

criminal records check with respect to any authorized provider of  3,806        

a certified type B family day-care home and any person eighteen    3,808        

years of age or older who resides in a certified type B family     3,810        

day-care home.                                                                  

      (B)  The director of job and family services or the          3,812        

director of a county department of job and family services shall   3,814        

provide to each person for whom a criminal records check is        3,816        

required under this section a copy of the form prescribed          3,817        

pursuant to division (C)(1) of section 109.572 of the Revised      3,818        

Code and a standard impression sheet ANY MATERIAL NEEDED to        3,819        

obtain fingerprint impressions prescribed pursuant to division     3,821        

(C)(2) of that section, obtain the completed form and impression   3,822        

sheet MATERIAL from that person, and forward OR TRANSMIT the       3,823        

completed form and impression sheet MATERIAL to the                3,824        

superintendent of the bureau of criminal identification and        3,826        

investigation.                                                                  

      (C)  A person who receives pursuant to division (B) of this  3,829        

section a copy of the form and standard impression sheet MATERIAL  3,830        

described in that division and who is requested to complete the    3,831        

form and provide a set of fingerprint impressions shall complete   3,832        

the form or provide all the information necessary to complete the  3,833        

form and shall provide the impression sheet MATERIAL with the      3,834        

impressions of the person's fingerprints.  If the person, upon     3,836        

request, fails to provide the information necessary to complete    3,837        

the form or fails to provide impressions of the person's           3,838        

fingerprints, the director may consider the failure as a reason    3,839        

                                                          89     


                                                                 
to deny licensure or certification.                                3,840        

      (D)  Except as provided in rules adopted under division (G)  3,842        

of this section, the director of job and family services shall     3,843        

not grant a license to a child day-care center or type A family    3,845        

day-care home and a county director of job and family services     3,847        

shall not certify a type B family day-care home if a person for    3,849        

whom a criminal records check was required in connection with the  3,850        

center or home previously has been convicted of or pleaded guilty  3,851        

to any of the following:                                           3,852        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       3,854        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     3,855        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     3,857        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     3,858        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  3,859        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     3,860        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    3,861        

2925.06, or 3716.11 of the Revised Code, a violation of section    3,862        

2905.04 as it existed prior to July 1, 1996, a violation of                     

section 2919.23 of the Revised Code that would have been a         3,863        

violation of section 2905.04 of the Revised Code as it existed     3,864        

prior to July 1, 1996, had the violation been committed prior to   3,865        

that date, a violation of section 2925.11 of the Revised Code      3,867        

that is not a minor drug possession offense, or felonious sexual   3,868        

penetration in violation of former section 2907.12 of the Revised               

Code;                                                                           

      (2)  A violation of an existing or former law of this        3,870        

state, any other state, or the United States that is               3,871        

substantially equivalent to any of the offenses or violations      3,872        

described in division (D)(1) of this section.                      3,873        

      (E)  Each child day-care center, type A family day-care      3,875        

home, and type B family day-care home shall pay to the bureau of   3,877        

criminal identification and investigation the fee prescribed       3,878        

pursuant to division (C)(3) of section 109.572 of the Revised      3,879        

Code for each criminal records check conducted in accordance with  3,880        

                                                          90     


                                                                 
that section upon a request made pursuant to division (A) of this  3,881        

section.                                                           3,882        

      (F)  The report of any criminal records check conducted by   3,884        

the bureau of criminal identification and investigation in         3,885        

accordance with section 109.572 of the Revised Code and pursuant   3,886        

to a request made under division (A) of this section is not a      3,887        

public record for the purposes of section 149.43 of the Revised    3,888        

Code and shall not be made available to any person other than the  3,889        

person who is the subject of the criminal records check or the     3,890        

person's representative, the director of job and family services,  3,892        

the director of a county department of job and family services,    3,893        

the center, type A home, or type B home involved, and any court,   3,895        

hearing officer, or other necessary individual involved in a case  3,897        

dealing with a denial of licensure or certification related to     3,898        

the criminal records check.                                                     

      (G)  The director of job and family services shall adopt     3,901        

rules pursuant to Chapter 119. of the Revised Code to implement    3,902        

this section, including rules specifying exceptions to the         3,903        

prohibition in division (D) of this section for persons who have   3,904        

been convicted of an offense listed in that division but who meet  3,905        

standards in regard to rehabilitation set by the department.       3,906        

      (H)  As used in this section:                                3,908        

      (1)  "Criminal records check" has the same meaning as in     3,910        

section 109.572 of the Revised Code.                               3,911        

      (2)  "Minor drug possession offense" has the same meaning    3,914        

as in section 2925.01 of the Revised Code.                                      

      Sec. 5123.01.  As used in this chapter:                      3,923        

      (A)  "Chief medical officer" means the licensed physician    3,925        

appointed by the managing officer of an institution for the        3,926        

mentally retarded with the approval of the director of mental      3,927        

retardation and developmental disabilities to provide medical      3,928        

treatment for residents of the institution.                        3,929        

      (B)  "Chief program director" means a person with special    3,931        

training and experience in the diagnosis and management of the     3,932        

                                                          91     


                                                                 
mentally retarded, certified according to division (C) of this     3,933        

section in at least one of the designated fields, and appointed    3,934        

by the managing officer of an institution for the mentally         3,935        

retarded with the approval of the director to provide              3,936        

habilitation and care for residents of the institution.            3,937        

      (C)  "Comprehensive evaluation" means a study, including a   3,939        

sequence of observations and examinations, of a person leading to  3,940        

conclusions and recommendations formulated jointly, with           3,941        

dissenting opinions if any, by a group of persons with special     3,942        

training and experience in the diagnosis and management of         3,943        

mentally retarded or developmentally disabled persons WITH MENTAL  3,944        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY, which group       3,946        

shall include individuals who are professionally qualified in the  3,947        

fields of medicine, education, psychology, and social work,        3,948        

together with such other specialists as the individual case may    3,949        

require.                                                                        

      (D)  "Education" means the process of formal training and    3,951        

instruction to facilitate the intellectual and emotional           3,952        

development of residents.                                          3,953        

      (E)  "Habilitation" means the process by which the staff of  3,955        

the institution assists the resident in acquiring and maintaining  3,956        

those life skills that enable the resident to cope more            3,957        

effectively with the demands of the resident's own person and of   3,959        

the resident's environment and in raising the level of the         3,961        

resident's physical, mental, social, and vocational efficiency.    3,963        

Habilitation includes but is not limited to programs of formal,    3,964        

structured education and training.                                              

      (F)  "Health officer" means any public health physician,     3,966        

public health nurse, or other person authorized or designated by   3,967        

a city or general health district.                                 3,968        

      (G)  "Indigent person" means a person who is unable,         3,970        

without substantial financial hardship, to provide for the         3,971        

payment of an attorney and for other necessary expenses of legal   3,972        

representation, including expert testimony.                        3,973        

                                                          92     


                                                                 
      (H)  "Institution" means a public or private facility, or a  3,975        

part of a public or private facility, that is licensed by the      3,977        

appropriate state department and is equipped to provide            3,978        

residential habilitation, care, and treatment for the mentally     3,979        

retarded.                                                                       

      (I)  "Licensed physician" means a person who holds a valid   3,981        

certificate issued under Chapter 4731. of the Revised Code         3,982        

authorizing the person to practice medicine and surgery or         3,983        

osteopathic medicine and surgery, or a medical officer of the      3,984        

government of the United States while in the performance of the    3,985        

officer's official duties.                                                      

      (J)  "Managing officer" means a person who is appointed by   3,987        

the director of mental retardation and developmental disabilities  3,988        

to be in executive control of an institution for the mentally      3,989        

retarded under the jurisdiction of the department.                 3,990        

      (K)  "Mentally retarded person" means a person having        3,992        

significantly subaverage general intellectual functioning          3,993        

existing concurrently with deficiencies in adaptive behavior,      3,994        

manifested during the developmental period.                        3,995        

      (L)  "Mentally retarded person subject to                    3,997        

institutionalization by court order" means a person eighteen       3,998        

years of age or older who is at least moderately mentally          3,999        

retarded and in relation to whom, because of the person's          4,000        

retardation, either of the following conditions exist:             4,001        

      (1)  The person represents a very substantial risk of        4,003        

physical impairment or injury to self as manifested by evidence    4,005        

that the person is unable to provide for and is not providing for  4,007        

the person's most basic physical needs and that provision for      4,008        

those needs is not available in the community;                     4,009        

      (2)  The person needs and is susceptible to significant      4,011        

habilitation in an institution.                                    4,012        

      (M)  "A person who is at least moderately mentally           4,014        

retarded" means a person who is found, following a comprehensive   4,015        

evaluation, to be impaired in adaptive behavior to a moderate      4,016        

                                                          93     


                                                                 
degree and to be functioning at the moderate level of              4,017        

intellectual functioning in accordance with standard measurements  4,018        

as recorded in the most current revision of the manual of          4,019        

terminology and classification in mental retardation published by  4,020        

the American association on mental retardation.                    4,021        

      (N)  As used in this division, "substantial functional       4,023        

limitation," "developmental delay," and "established risk" have    4,024        

the meanings established pursuant to section 5123.011 of the       4,025        

Revised Code.                                                                   

      "Developmental disability" means a severe, chronic           4,027        

disability that is characterized by all of the following:          4,028        

      (1)  It is attributable to a mental or physical impairment   4,030        

or a combination of mental and physical impairments, other than a  4,031        

mental or physical impairment solely caused by mental illness as   4,032        

defined in division (A) of section 5122.01 of the Revised Code.    4,033        

      (2)  It is manifested before age twenty-two.                 4,035        

      (3)  It is likely to continue indefinitely.                  4,037        

      (4)  It results in one of the following:                     4,039        

      (a)  In the case of a person under three years of age, at    4,041        

least one developmental delay or an established risk;              4,043        

      (b)  In the case of a person at least three years of age     4,045        

but under six years of age, at least two developmental delays or   4,046        

an established risk;                                               4,047        

      (c)  In the case of a person six years of age or older, a    4,049        

substantial functional limitation in at least three of the         4,050        

following areas of major life activity, as appropriate for the     4,051        

person's age:  self-care, receptive and expressive language,       4,052        

learning, mobility, self-direction, capacity for independent       4,053        

living, and, if the person is at least sixteen years of age,       4,054        

capacity for economic self-sufficiency.                            4,055        

      (5)  It causes the person to need a combination and          4,057        

sequence of special, interdisciplinary, or other type of care,     4,058        

treatment, or provision of services for an extended period of      4,059        

time that is individually planned and coordinated for the person.  4,060        

                                                          94     


                                                                 
      (O)  "Developmentally disabled person" means a person with   4,062        

a developmental disability.                                        4,063        

      (P)  "State institution" means an institution that is        4,065        

tax-supported and under the jurisdiction of the department.        4,066        

      (Q)  "Residence" and "legal residence" have the same         4,068        

meaning as "legal settlement," which is acquired by residing in    4,069        

Ohio for a period of one year without receiving general            4,070        

assistance prior to July 17, 1995, under former Chapter 5113. of   4,072        

the Revised Code, disability assistance under Chapter 5115. of     4,073        

the Revised Code, or assistance from a private agency that         4,074        

maintains records of assistance given.  A person having a legal    4,075        

settlement in the state shall be considered as having legal                     

settlement in the assistance area in which the person resides.     4,076        

No adult person coming into this state and having a spouse or      4,078        

minor children residing in another state shall obtain a legal      4,079        

settlement in this state as long as the spouse or minor children   4,081        

are receiving public assistance, care, or support at the expense                

of the other state or its subdivisions.  For the purpose of        4,082        

determining the legal settlement of a person who is living in a    4,083        

public or private institution or in a home subject to licensing    4,084        

by the department of job and family services, the department of    4,086        

mental health, or the department of mental retardation and                      

developmental disabilities, the residence of the person shall be   4,088        

considered as though the person were residing in the county in                  

which the person was living prior to the person's entrance into    4,089        

the institution or home.  Settlement once acquired shall continue  4,090        

until a person has been continuously absent from Ohio for a        4,091        

period of one year or has acquired a legal residence in another    4,092        

state.  A woman who marries a man with legal settlement in any     4,093        

county immediately acquires the settlement of her husband.  The    4,094        

legal settlement of a minor is that of the parents, surviving      4,095        

parent, sole parent, parent who is designated the residential      4,096        

parent and legal custodian by a court, other adult having          4,097        

permanent custody awarded by a court, or guardian of the person    4,098        

                                                          95     


                                                                 
of the minor, provided that:                                                    

      (1)  A minor female who marries shall be considered to have  4,100        

the legal settlement of her husband and, in the case of death of   4,101        

her husband or divorce, she shall not thereby lose her legal       4,103        

settlement obtained by the marriage.                               4,104        

      (2)  A minor male who marries, establishes a home, and who   4,106        

has resided in this state for one year without receiving general   4,107        

assistance prior to July 17, 1995, under former Chapter 5113. of   4,109        

the Revised Code, disability assistance under Chapter 5115. of     4,110        

the Revised Code, or assistance from a private agency that         4,111        

maintains records of assistance given shall be considered to have  4,113        

obtained a legal settlement in this state.                                      

      (3)  The legal settlement of a child under eighteen years    4,116        

of age who is in the care or custody of a public or private child  4,117        

caring agency shall not change if the legal settlement of the      4,118        

parent changes until after the child has been in the home of the   4,119        

parent for a period of one year.                                                

      No person, adult or minor, may establish a legal settlement  4,121        

in this state for the purpose of gaining admission to any state    4,122        

institution.                                                       4,123        

      (R)(1)  "Resident" means, subject to division (R)(2) of      4,125        

this section, a person who is admitted either voluntarily or       4,127        

involuntarily to an institution or other facility pursuant to                   

section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised     4,129        

Code subsequent to a finding of not guilty by reason of insanity   4,130        

or incompetence to stand trial or under this chapter who is under  4,131        

observation or receiving habilitation and care in an institution.  4,132        

      (2)  "Resident" does not include a person admitted to an     4,134        

institution or other facility under section 2945.39, 2945.40,      4,135        

2945.401, or 2945.402 of the Revised Code to the extent that the   4,136        

reference in this chapter to resident, or the context in which     4,138        

the reference occurs, is in conflict with any provision of         4,139        

sections 2945.37 to 2945.402 of the Revised Code.                               

      (S)  "Respondent" means the person whose detention,          4,141        

                                                          96     


                                                                 
commitment, or continued commitment is being sought in any         4,142        

proceeding under this chapter.                                     4,143        

      (T)  "Working day" and "court day" mean Monday, Tuesday,     4,145        

Wednesday, Thursday, and Friday, except when such day is a legal   4,146        

holiday.                                                           4,147        

      (U)  "Prosecutor" means the prosecuting attorney, village    4,149        

solicitor, city director of law, or similar chief legal officer    4,150        

who prosecuted a criminal case in which a person was found not     4,151        

guilty by reason of insanity, who would have had the authority to  4,152        

prosecute a criminal case against a person if the person had not   4,153        

been found incompetent to stand trial, or who prosecuted a case    4,154        

in which a person was found guilty.                                4,155        

      (V)  "Court" means the probate division of the court of      4,157        

common pleas.                                                      4,158        

      Sec. 5123.02.  (A)  The department of mental retardation     4,167        

and developmental disabilities shall DO THE FOLLOWING:             4,168        

      (1)(A)  Promote comprehensive statewide programs and         4,170        

services for mentally retarded or developmentally disabled         4,171        

persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL           4,172        

DISABILITY and their families wherever they reside in the state.   4,173        

These programs shall include public education, prevention,         4,174        

diagnosis, treatment, training, and care.                          4,175        

      (2)(B)  Provide administrative leadership for statewide      4,177        

services which include residential facilities, evaluation          4,178        

centers, and community classes which are wholly or in part         4,179        

financed by the department of mental retardation and               4,180        

developmental disabilities as provided by section 5123.26 of the   4,181        

Revised Code;                                                      4,182        

      (3)(C)  Develop and maintain, to the extent feasible, data   4,184        

on all services and programs for mentally retarded or              4,185        

developmentally disabled persons WITH MENTAL RETARDATION OR        4,186        

ANOTHER DEVELOPMENTAL DISABILITY, THAT ARE provided by             4,187        

governmental and private agencies;                                 4,188        

      (4)(D)  Make periodic determinations of the number of        4,190        

                                                          97     


                                                                 
mentally retarded or developmentally disabled persons WITH MENTAL  4,192        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY requiring          4,193        

services in the state;                                             4,194        

      (5)(E)  Provide leadership to local authorities in planning  4,196        

and developing community-wide services for mentally retarded or    4,197        

developmentally disabled persons WITH MENTAL RETARDATION OR        4,198        

ANOTHER DEVELOPMENTAL DISABILITY and their families;               4,199        

      (6)(F)  Promote programs of professional training and        4,201        

research in cooperation with other state departments, agencies,    4,202        

and institutions of higher learning.                               4,203        

      (B)  The department may conduct audits of the services and   4,205        

programs that either receive funds through the department or are   4,206        

subject to regulation by the department.  Audits shall be          4,207        

conducted in accordance with procedures prescribed by the          4,208        

department.  Records created or received by the department in      4,209        

connection with an audit are not public records under section                   

149.43 of the Revised Code until a report of the audit is          4,210        

released by the department.                                        4,211        

      Sec. 5123.041.  (A)  As used in this section, "habilitation  4,220        

center" means a center certified under division (C) of this        4,221        

section for the provision of habilitation services.                4,222        

      (B)  The director of mental retardation and developmental    4,224        

disabilities shall adopt rules in accordance with Chapter 119. of  4,225        

the Revised Code that do all of the following:                     4,226        

      (1)  Specify standards and procedures for certification of   4,228        

habilitation centers;                                              4,229        

      (2)  Define habilitation services and programs, other than   4,231        

services provided by the department of education;                  4,232        

      (3)  Establish the fee that may be assessed under division   4,234        

(D) of this section;                                               4,235        

      (4)  Specify how the department of mental retardation and    4,237        

developmental disabilities will implement and administer the       4,238        

habilitation services program.                                     4,239        

      (C)  The director shall certify habilitation centers that    4,241        

                                                          98     


                                                                 
meet the standards specified by rules adopted under this section.  4,242        

      (D)  The department of mental retardation and developmental  4,244        

disabilities may assess the fee established under division (B)(3)  4,245        

of this section for providing services related to the              4,246        

habilitation services program.  The fee may be retained from any   4,247        

funds the department receives for a habilitation center under      4,248        

Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42    4,249        

U.S.C.A. 301, as amended.                                          4,250        

      Sec. 5123.042.  (A)  The director of mental retardation and  4,259        

developmental disabilities shall adopt rules in accordance with    4,260        

Chapter 119. of the Revised Code establishing the following:       4,261        

      (1)  Uniform standards and procedures under which:           4,263        

      (a)  A person or agency shall submit plans to the county     4,265        

board of mental retardation and developmental disabilities for     4,266        

the development of residential services for mentally retarded and  4,267        

developmentally disabled individuals WITH MENTAL RETARDATION OR    4,268        

ANOTHER DEVELOPMENTAL DISABILITY within the county;                4,269        

      (b)  The county board must review the plans and recommend    4,271        

providers for the services.                                        4,272        

      (2)  The eligibility criteria for selecting persons and      4,274        

agencies to provide residential services, which shall take into    4,275        

consideration the recommendations of the county board.             4,276        

      (B)  The county board, in accordance with its comprehensive  4,278        

service plan as approved by the director, shall review all         4,279        

proposals for the development of residential services that are     4,280        

submitted to it and shall, if the proposals are acceptable to the  4,281        

county board, recommend providers for the development of           4,282        

residential services within the county.  The department shall      4,283        

approve proposals for the development of residential services      4,284        

within counties based upon the availability of funds and in        4,285        

accordance with rules adopted under division (A)(2) of this        4,286        

section.                                                           4,287        

      No county board shall recommend providers for the            4,289        

development of residential services if the county board is an      4,290        

                                                          99     


                                                                 
applicant to provide services.  In cases of possible conflict of   4,291        

interest, the director shall appoint a committee that shall, in    4,292        

accordance with the approved county comprehensive service plan,    4,293        

review and recommend to him THE DIRECTOR providers for the         4,294        

services.                                                          4,295        

      If a county board fails to establish an approved             4,297        

comprehensive service plan, the director may establish             4,298        

residential services development goals for the county board based  4,299        

on documented need as determined by the department.  If a county   4,300        

board fails to develop or implement such a plan in accordance      4,301        

with the rules adopted under this section, the department may,     4,302        

without the involvement of the county board, review and select     4,303        

providers for the development of residential services in the       4,304        

county.                                                            4,305        

      Sec. 5123.05.  THE DEPARTMENT OF MENTAL RETARDATION AND      4,307        

DEVELOPMENTAL DISABILITIES MAY CONDUCT AUDITS OF THE SERVICES AND  4,308        

PROGRAMS THAT EITHER RECEIVE FUNDS THROUGH THE DEPARTMENT OR ARE   4,309        

SUBJECT TO REGULATION BY THE DEPARTMENT.  AUDITS SHALL BE          4,310        

CONDUCTED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE          4,311        

DEPARTMENT.  RECORDS CREATED OR RECEIVED BY THE DEPARTMENT IN      4,312        

CONNECTION WITH AN AUDIT ARE NOT PUBLIC RECORDS UNDER SECTION      4,313        

149.43 OF THE REVISED CODE UNTIL A REPORT OF THE AUDIT IS          4,314        

RELEASED BY THE DEPARTMENT.                                        4,315        

      Sec. 5123.183 5123.051.  (A)  As used in this section,       4,324        

"contractor" means a person or government agency that has entered  4,326        

into a contract with the department of mental retardation and      4,327        

developmental disabilities under section 5123.18 or 5111.252 of    4,328        

the Revised Code.                                                               

      (B)  If the department of mental retardation and             4,330        

developmental disabilities determines pursuant to an audit         4,331        

CONDUCTED UNDER SECTION 5123.05 OF THE REVISED CODE or A           4,332        

reconciliation conducted under section 5123.18 or 5111.252 of the  4,333        

Revised Code that money is owed the state by a contractor          4,334        

PROVIDER OF A SERVICE OR PROGRAM, the office of support within     4,336        

                                                          100    


                                                                 
the department may enter into a payment agreement with the         4,337        

contractor PROVIDER.  The agreement shall include the following:   4,338        

      (1)  A schedule of installment payments whereby the money    4,340        

owed the state is to be paid in full within a period not to        4,341        

exceed one year;                                                   4,342        

      (2)  A provision that the contractor PROVIDER may pay the    4,345        

entire balance owed at any time during the term of the agreement;  4,347        

      (3)  A provision that if any installment is not paid in      4,349        

full within forty-five days after it is due, the entire balance    4,350        

owed is immediately due and payable;                               4,351        

      (4)  Such ANY other terms and conditions as THAT are agreed  4,354        

to by the office DEPARTMENT and the contractor PROVIDER.           4,355        

      (B)  The office DEPARTMENT may include a provision in a      4,357        

payment agreement that requires the contractor PROVIDER to pay     4,359        

interest on the money owed the state.  The office DEPARTMENT, in   4,360        

its discretion, shall determine whether to require the payment of  4,362        

interest and, if it so requires, the rate of interest.  Neither    4,363        

the obligation to pay interest nor the rate of interest is         4,364        

subject to negotiation between the office DEPARTMENT and the       4,365        

contractor PROVIDER.                                               4,367        

      (C)  If the contractor PROVIDER fails to pay any             4,370        

installment in full within forty-five days after its due date,     4,371        

the office DEPARTMENT shall certify the entire balance owed to     4,372        

the attorney general for collection under section 131.02 of the    4,373        

Revised Code.  The department may withhold funds from payments     4,374        

made to a contractor PROVIDER under section 5123.18 or 5111.252    4,375        

of the Revised Code to satisfy a judgment secured by the attorney  4,377        

general.                                                                        

      (D)  All money collected under this section shall be         4,379        

deposited in the state treasury to the credit of the THE purchase  4,380        

of service fund, which is hereby created.  Money credited to the   4,382        

fund shall be used solely for purposes of sections 5123.18 and     4,383        

5111.252 SECTION 5123.05 of the Revised Code.                      4,384        

      Sec. 5123.05 5123.06.  The director of mental retardation    4,393        

                                                          101    


                                                                 
and developmental disabilities may establish divisions in the      4,395        

department of mental retardation and developmental disabilities    4,396        

and prescribe their powers and duties.                             4,397        

      Each division shall consist of a chief DEPUTY DIRECTOR and   4,399        

the officers and employees, including those in institutions,       4,402        

necessary for the performance of the functions assigned to it.     4,403        

The director shall supervise the work of each division and be      4,404        

responsible for the determination of general policies in the       4,405        

exercise of powers vested in the department and powers assigned    4,406        

to each division.  The chief DEPUTY DIRECTOR of each division      4,407        

shall be responsible to the director for the organization,         4,410        

direction, and supervision of the work of the division and the     4,411        

exercise of the powers and the performance of the duties of the    4,412        

department assigned to such THE division, and, with the approval   4,414        

of the director, may establish bureaus or other administrative     4,415        

units in the division.                                                          

      Appointment to the position of chief DEPUTY DIRECTOR of a    4,417        

division may be made from persons holding positions in the         4,420        

classified service in the department.                              4,421        

      The chief DEPUTY DIRECTOR of each division shall be a        4,423        

person who has had special training and experience in the type of  4,425        

work with the performance of which the division is charged.        4,426        

      Each chief DEPUTY DIRECTOR of a division, under the          4,428        

director, shall have entire executive charge of the division to    4,430        

which the chief DEPUTY DIRECTOR is appointed.  Subject to          4,432        

sections 124.01 to 124.64 of the Revised Code, and civil service   4,433        

rules, the chief DEPUTY DIRECTOR of a division shall, with the     4,434        

approval of the director, select and appoint the necessary         4,435        

employees in the chief's DEPUTY DIRECTOR'S division and may        4,436        

remove such THOSE employees for cause.                             4,438        

      Sec. 5123.081.  (A)  AS USED IN THIS SECTION:                4,440        

      (1)  "APPLICANT" MEANS A PERSON WHO IS UNDER FINAL           4,442        

CONSIDERATION FOR APPOINTMENT TO OR EMPLOYMENT WITH THE            4,443        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,   4,444        

                                                          102    


                                                                 
INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS BEING TRANSFERRED   4,445        

TO THE DEPARTMENT AND AN EMPLOYEE WHO IS BEING RECALLED OR         4,446        

REEMPLOYED AFTER A LAYOFF.                                                      

      (2)  "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN     4,448        

SECTION 109.572 OF THE REVISED CODE.                               4,449        

      (3)  "MINOR DRUG POSSESSION OFFENSE" HAS THE SAME MEANING    4,451        

AS IN SECTION 2925.01 OF THE REVISED CODE.                         4,452        

      (B)  THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL    4,454        

DISABILITIES SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF     4,455        

CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL    4,456        

RECORDS CHECK WITH RESPECT TO EACH APPLICANT, EXCEPT THAT THE      4,457        

DIRECTOR IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR   4,458        

AN EMPLOYEE OF THE DEPARTMENT WHO IS BEING CONSIDERED FOR A        4,459        

DIFFERENT POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR     4,460        

SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE DIRECTOR HAS NO       4,461        

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       4,462        

OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.      4,463        

      IF THE APPLICANT DOES NOT PRESENT PROOF THAT THE APPLICANT   4,465        

HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD         4,466        

IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS      4,467        

CHECK IS REQUESTED, THE DIRECTOR SHALL REQUEST THAT THE            4,468        

SUPERINTENDENT OF THE BUREAU OBTAIN FINGERPRINT-BASED INFORMATION  4,469        

FROM THE FEDERAL BUREAU OF INVESTIGATION AS A PART OF THE          4,471        

CRIMINAL RECORDS CHECK FOR THE APPLICANT.  IF THE APPLICANT        4,472        

PRESENTS PROOF THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS      4,473        

STATE FOR THAT FIVE-YEAR PERIOD, THE DIRECTOR MAY REQUEST THAT     4,474        

THE SUPERINTENDENT OF THE BUREAU INCLUDE FINGERPRINT-BASED         4,475        

INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION IN THE        4,476        

CRIMINAL RECORDS CHECK.  FOR PURPOSES OF THIS DIVISION, AN         4,477        

APPLICANT MAY PROVIDE PROOF OF RESIDENCY IN THIS STATE BY          4,478        

PRESENTING, WITH A NOTARIZED STATEMENT ASSERTING THAT THE          4,479        

APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR     4,480        

PERIOD, A VALID DRIVER'S LICENSE, NOTIFICATION OF REGISTRATION AS  4,481        

AN ELECTOR, A COPY OF AN OFFICIALLY FILED FEDERAL OR STATE TAX     4,482        

                                                          103    


                                                                 
FORM IDENTIFYING THE APPLICANT'S PERMANENT RESIDENCE, OR ANY       4,483        

OTHER DOCUMENT THE DIRECTOR CONSIDERS ACCEPTABLE.                  4,484        

      (C)  THE DIRECTOR SHALL PROVIDE TO EACH APPLICANT A COPY OF  4,486        

THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION         4,487        

109.572 OF THE REVISED CODE, PROVIDE TO EACH APPLICANT ANY         4,488        

MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS PURSUANT TO      4,489        

DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE, OBTAIN     4,490        

THE COMPLETED FORM AND MATERIAL FROM EACH APPLICANT, AND FORWARD   4,492        

OR TRANSMIT THE COMPLETED FORM AND MATERIAL TO THE SUPERINTENDENT  4,494        

OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE  4,495        

TIME THE CRIMINAL RECORDS CHECK IS REQUESTED.                      4,496        

      ANY APPLICANT WHO RECEIVES PURSUANT TO THIS DIVISION A COPY  4,498        

OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION      4,499        

109.572 OF THE REVISED CODE AND ANY MATERIAL NEEDED TO OBTAIN      4,500        

FINGERPRINT IMPRESSIONS PURSUANT TO DIVISION (C)(2) OF THAT        4,502        

SECTION AND WHO IS REQUESTED TO COMPLETE THE FORM AND PROVIDE A    4,503        

SET OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE  4,505        

ALL THE INFORMATION NECESSARY TO COMPLETE THE FORM AND SHALL                    

PROVIDE THE MATERIAL WITH THE IMPRESSIONS OF THE APPLICANT'S       4,507        

FINGERPRINTS.  IF AN APPLICANT, UPON REQUEST, FAILS TO PROVIDE     4,508        

THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO         4,509        

PROVIDE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS, THE DIRECTOR  4,510        

SHALL NOT EMPLOY THE APPLICANT.                                    4,511        

      (D)  THE DIRECTOR MAY REQUEST ANY OTHER STATE OR FEDERAL     4,513        

AGENCY TO SUPPLY THE DIRECTOR WITH A WRITTEN REPORT REGARDING THE  4,514        

CRIMINAL RECORD OF EACH APPLICANT.  WITH REGARD TO AN APPLICANT                 

WHO BECOMES A DEPARTMENT EMPLOYEE, IF THE EMPLOYEE HOLDS AN        4,515        

OCCUPATIONAL OR PROFESSIONAL LICENSE OR OTHER CREDENTIALS, THE     4,516        

DIRECTOR MAY REQUEST THAT THE STATE OR FEDERAL AGENCY THAT         4,517        

REGULATES THE EMPLOYEE'S OCCUPATION OR PROFESSION SUPPLY THE       4,518        

DIRECTOR WITH A WRITTEN REPORT OF ANY INFORMATION PERTAINING TO    4,519        

THE EMPLOYEE'S CRIMINAL RECORD THAT THE AGENCY OBTAINS IN THE      4,520        

COURSE OF CONDUCTING AN INVESTIGATION OR IN THE PROCESS OF         4,521        

RENEWING THE EMPLOYEE'S LICENSE OR OTHER CREDENTIALS.              4,522        

                                                          104    


                                                                 
      (E)  EXCEPT AS PROVIDED IN DIVISION (K)(2) OF THIS SECTION   4,524        

AND IN RULES ADOPTED BY THE DIRECTOR IN ACCORDANCE WITH DIVISION   4,525        

(M) OF THIS SECTION, THE DIRECTOR SHALL NOT EMPLOY A PERSON TO     4,526        

FILL A POSITION WITH THE DEPARTMENT WHO HAS BEEN CONVICTED OF OR   4,527        

PLEADED GUILTY TO ANY OF THE FOLLOWING:                            4,528        

      (1)  A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03,       4,530        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     4,531        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     4,532        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     4,533        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  4,534        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     4,535        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    4,536        

2925.06, OR 3716.11 OF THE REVISED CODE, A VIOLATION OF SECTION    4,538        

2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996,   4,540        

A VIOLATION OF SECTION 2919.23 OF THE REVISED CODE THAT WOULD      4,541        

HAVE BEEN A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS    4,542        

IT EXISTED PRIOR TO JULY 1, 1996, HAD THE VIOLATION OCCURRED       4,543        

PRIOR TO THAT DATE, A VIOLATION OF SECTION 2925.11 OF THE REVISED  4,544        

CODE THAT IS NOT A MINOR DRUG POSSESSION OFFENSE, OR FELONIOUS     4,546        

SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE   4,547        

REVISED CODE;                                                      4,548        

      (2)  A FELONY CONTAINED IN THE REVISED CODE THAT IS NOT      4,550        

LISTED IN THIS DIVISION, IF THE FELONY BEARS A DIRECT AND          4,552        

SUBSTANTIAL RELATIONSHIP TO THE DUTIES AND RESPONSIBILITIES OF     4,553        

THE POSITION BEING FILLED;                                                      

      (3)  ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING  4,556        

A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A       4,557        

FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND  4,558        

SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE      4,559        

NATURE OF THE SERVICES BEING PROVIDED BY THE DEPARTMENT;                        

      (4)  A VIOLATION OF AN EXISTING OR FORMER MUNICIPAL          4,561        

ORDINANCE OR LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED     4,562        

STATES, IF THE OFFENSE IS SUBSTANTIALLY EQUIVALENT TO ANY OF THE   4,563        

OFFENSES LISTED OR DESCRIBED IN DIVISION (E)(1), (2), OR (3) OF    4,565        

                                                          105    


                                                                 
THIS SECTION.                                                                   

      (F)  PRIOR TO EMPLOYING AN APPLICANT, THE DIRECTOR SHALL     4,567        

REQUIRE THE APPLICANT TO SUBMIT A STATEMENT WITH THE APPLICANT'S   4,568        

SIGNATURE ATTESTING THAT THE APPLICANT HAS NOT BEEN CONVICTED OF   4,569        

OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED OR DESCRIBED IN    4,570        

DIVISION (E) OF THIS SECTION.  THE DIRECTOR ALSO SHALL REQUIRE     4,572        

THE APPLICANT TO SIGN AN AGREEMENT UNDER WHICH THE APPLICANT       4,574        

AGREES TO NOTIFY THE DIRECTOR WITHIN FOURTEEN CALENDAR DAYS IF,                 

WHILE EMPLOYED WITH THE DEPARTMENT, THE APPLICANT IS EVER          4,576        

FORMALLY CHARGED WITH, CONVICTED OF, OR PLEADS GUILTY TO ANY OF    4,577        

THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.  4,579        

THE AGREEMENT SHALL INFORM THE APPLICANT THAT FAILURE TO REPORT    4,580        

FORMAL CHARGES, A CONVICTION, OR A GUILTY PLEA MAY RESULT IN       4,581        

BEING DISMISSED FROM EMPLOYMENT.                                   4,582        

      (G)  THE DIRECTOR SHALL PAY TO THE BUREAU OF CRIMINAL        4,584        

IDENTIFICATION AND INVESTIGATION THE FEE PRESCRIBED PURSUANT TO    4,585        

DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE FOR EACH    4,586        

CRIMINAL RECORDS CHECK REQUESTED AND CONDUCTED PURSUANT TO THIS    4,587        

SECTION.                                                           4,588        

      (H)(1)  ANY REPORT OBTAINED PURSUANT TO THIS SECTION IS NOT  4,590        

A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED      4,591        

CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON, OTHER THAN     4,592        

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

RECORDS CHECK OR THE APPLICANT'S REPRESENTATIVE, THE DEPARTMENT    4,593        

OR ITS REPRESENTATIVE, A COUNTY BOARD OF MENTAL RETARDATION AND    4,594        

DEVELOPMENTAL DISABILITIES, AND ANY COURT, HEARING OFFICER, OR     4,595        

OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE     4,596        

DENIAL OF EMPLOYMENT TO THE APPLICANT OR THE DENIAL, SUSPENSION,   4,597        

OR REVOCATION OF A CERTIFICATE OR EVIDENCE OF REGISTRATION UNDER   4,599        

SECTION 5123.082 OF THE REVISED CODE.                                           

      (2)  AN INDIVIDUAL FOR WHOM THE DIRECTOR HAS OBTAINED        4,601        

REPORTS UNDER THIS SECTION MAY SUBMIT A WRITTEN REQUEST TO THE     4,602        

DIRECTOR TO HAVE COPIES OF THE REPORTS SENT TO ANY STATE AGENCY,   4,603        

ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY.  THE INDIVIDUAL     4,604        

                                                          106    


                                                                 
SHALL SPECIFY IN THE REQUEST THE AGENCIES OR ENTITIES TO WHICH     4,605        

THE COPIES ARE TO BE SENT.  ON RECEIVING THE REQUEST, THE          4,606        

DIRECTOR SHALL SEND COPIES OF THE REPORTS TO THE AGENCIES OR       4,607        

ENTITIES SPECIFIED.                                                             

      THE DIRECTOR MAY REQUEST THAT A STATE AGENCY, ENTITY OF      4,609        

LOCAL GOVERNMENT, OR PRIVATE ENTITY SEND COPIES TO THE DIRECTOR    4,610        

OF ANY REPORT REGARDING A RECORDS CHECK OR CRIMINAL RECORDS CHECK  4,611        

THAT THE AGENCY OR ENTITY POSSESSES, IF THE DIRECTOR OBTAINS THE   4,612        

WRITTEN CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE        4,613        

REPORT.                                                                         

      (I)  THE DIRECTOR SHALL REQUEST THE REGISTRAR OF MOTOR       4,615        

VEHICLES TO SUPPLY THE DIRECTOR WITH A CERTIFIED ABSTRACT          4,616        

REGARDING THE RECORD OF CONVICTIONS FOR VIOLATIONS OF MOTOR        4,617        

VEHICLE LAWS OF EACH APPLICANT WHO WILL BE REQUIRED BY THE         4,618        

APPLICANT'S EMPLOYMENT TO TRANSPORT INDIVIDUALS WITH MENTAL        4,619        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY OR TO OPERATE THE  4,621        

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

PROVIDED UNDER THIS SECTION, THE DIRECTOR SHALL PAY THE AMOUNT     4,622        

SPECIFIED IN SECTION 4509.05 OF THE REVISED CODE.                  4,623        

      (J)  THE DIRECTOR SHALL PROVIDE EACH APPLICANT WITH A COPY   4,625        

OF ANY REPORT OR ABSTRACT OBTAINED ABOUT THE APPLICANT UNDER THIS  4,626        

SECTION.                                                           4,627        

      (K)(1)  THE DIRECTOR SHALL INFORM EACH PERSON, AT THE TIME   4,629        

OF THE PERSON'S INITIAL APPLICATION FOR EMPLOYMENT, THAT THE       4,630        

PERSON IS REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE          4,631        

PERSON'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK IS         4,632        

REQUIRED TO BE CONDUCTED AND SATISFACTORILY COMPLETED IN           4,633        

ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE IF THE PERSON  4,634        

COMES UNDER FINAL CONSIDERATION FOR EMPLOYMENT AS A PRECONDITION   4,635        

TO EMPLOYMENT IN A POSITION.                                       4,636        

      (2)  THE DIRECTOR MAY EMPLOY AN APPLICANT PENDING RECEIPT    4,638        

OF REPORTS REQUESTED UNDER THIS SECTION.  THE DIRECTOR SHALL       4,639        

TERMINATE EMPLOYMENT OF ANY SUCH APPLICANT IF IT IS DETERMINED     4,640        

FROM THE REPORTS THAT THE APPLICANT FAILED TO INFORM THE DIRECTOR  4,641        

                                                          107    


                                                                 
THAT THE APPLICANT HAD BEEN CONVICTED OF OR PLEADED GUILTY TO ANY  4,642        

OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS        4,643        

SECTION.                                                           4,644        

      (L)  THE DIRECTOR MAY CHARGE AN APPLICANT A FEE FOR COSTS    4,646        

THE DIRECTOR INCURS IN OBTAINING REPORTS, ABSTRACTS, OR            4,647        

FINGERPRINT IMPRESSIONS UNDER THIS SECTION.  A FEE CHARGED UNDER   4,648        

THIS DIVISION SHALL NOT EXCEED THE AMOUNT OF THE FEES THE          4,649        

DIRECTOR PAYS UNDER DIVISIONS (G) AND (I) OF THIS SECTION.  IF A   4,650        

FEE IS CHARGED UNDER THIS DIVISION, THE DIRECTOR SHALL NOTIFY THE  4,651        

APPLICANT OF THE AMOUNT OF THE FEE AT THE TIME OF THE APPLICANT'S  4,652        

INITIAL APPLICATION FOR EMPLOYMENT AND THAT, UNLESS THE FEE IS     4,653        

PAID, THE DIRECTOR WILL NOT CONSIDER THE APPLICANT FOR             4,654        

EMPLOYMENT.                                                                     

      (M)  THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH       4,657        

CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION,        4,658        

INCLUDING RULES SPECIFYING CIRCUMSTANCES UNDER WHICH THE DIRECTOR               

MAY EMPLOY A PERSON WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY    4,659        

TO AN OFFENSE LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION  4,661        

BUT WHO MEETS STANDARDS IN REGARD TO REHABILITATION SET BY THE     4,662        

DIRECTOR.                                                                       

      Sec. 5123.082.  (A)  The director of mental retardation and  4,671        

developmental disabilities shall adopt rules in accordance with    4,672        

Chapter 119. of the Revised Code:                                  4,673        

      (1)  Designating positions of employment for which the       4,675        

director determines that certification or evidence of              4,676        

registration is required as a condition of employment in the       4,677        

department of mental retardation and developmental disabilities,   4,678        

entities that contract with the department or county boards of     4,679        

mental retardation and developmental disabilities to operate       4,680        

programs or provide services to individuals PERSONS with mental    4,681        

retardation and developmental disabilities, or other positions of  4,683        

employment in programs that serve such individuals THOSE PERSONS;  4,684        

      (2)  Establishing levels of certification or registration    4,686        

for each position for which certification or registration is       4,687        

                                                          108    


                                                                 
required;                                                                       

      (3)  Establishing for each level of each position the        4,689        

requirements that must be met to obtain certification or           4,690        

registration, including standards regarding education,             4,691        

specialized training, and experience.  The standards shall take    4,692        

into account the nature and needs of mentally retarded and         4,693        

developmentally disabled persons WITH MENTAL RETARDATION OR        4,694        

ANOTHER DEVELOPMENTAL DISABILITY and the specialized techniques    4,695        

needed to serve them.                                                           

      (4)  Establishing renewal schedules and renewal              4,697        

requirements for certification and registration, including         4,698        

standards regarding education, specialized training, and           4,700        

experience;                                                                     

      (5)  Establishing procedures for denial, suspension, and     4,702        

revocation of a certificate or evidence of registration,           4,703        

including appeal procedures;                                       4,704        

      (6)  Establishing other requirements needed to carry out     4,706        

this section.                                                      4,707        

      (B)  The director shall issue, renew, deny, suspend, or      4,709        

revoke a certificate or evidence of registration in accordance     4,711        

with rules adopted under this section.  The director shall deny,   4,712        

suspend, or revoke a certificate or evidence of registration if    4,713        

the director finds, pursuant to an adjudication conducted in       4,714        

accordance with Chapter 119. of the Revised Code, that an          4,715        

applicant for or holder of a certificate or evidence of            4,716        

registration is guilty of intemperate, immoral, or other conduct   4,717        

unbecoming to the applicant's or holder's position, or is guilty   4,718        

of incompetence or negligence within the scope of the applicant's  4,719        

or holder's duties.  The director shall deny or revoke a           4,720        

certificate or evidence of registration after the director finds,               

pursuant to an adjudication conducted in accordance with Chapter   4,721        

119. of the Revised Code, that the applicant for or holder of the  4,722        

certificate or evidence of registration has been convicted of or   4,723        

pleaded guilty to any of the offenses LISTED OR described in       4,724        

                                                          109    


                                                                 
division (E) of section 5126.28 of the Revised Code, unless the    4,725        

individual meets standards for rehabilitation that the director    4,726        

establishes in the rules adopted under that section.  Evidence     4,727        

supporting such allegations must be presented to the director in   4,728        

writing, and the director shall provide prompt notice of the       4,730        

allegations to the person who is the subject of the allegations.   4,731        

A denial, suspension, or revocation may be appealed in accordance  4,732        

with the procedures established in rules adopted under this        4,733        

section.                                                                        

      (C)  A person holding a valid certificate or evidence of     4,735        

registration under this section on the effective date of any       4,736        

rules adopted under this section that increase the certification   4,737        

or registration standards shall have such THE period as THAT the   4,738        

rules prescribe, but not less than one year after the effective    4,740        

date of the rules, to meet the new standards.                                   

      (D)  No person shall be employed in a position for which     4,742        

certification or registration is required under rules adopted      4,743        

under this section, unless the person holds a valid certificate    4,744        

or evidence of registration for the position.                      4,745        

      Sec. 5123.09.  Subject to the rules of the department of     4,754        

mental retardation and developmental disabilities, each            4,755        

institution under the jurisdiction of the department shall be      4,756        

under the control of a managing officer to be known as a           4,757        

superintendent or by other appropriate title.  Such THE managing   4,758        

officer shall be appointed by the director of mental retardation   4,759        

and developmental disabilities, and shall be in the unclassified   4,760        

service and serve at the pleasure of the director.  Each managing  4,761        

officer shall be of good moral character and have skill, ability,  4,762        

and experience in his THE MANAGING OFFICER'S profession.           4,763        

Appointment to the position of managing officer of an institution  4,765        

may be made from persons holding positions in the classified       4,766        

service in the department.                                                      

      The managing officer, under the director, shall have entire  4,768        

executive charge of the institution for which such THE managing    4,769        

                                                          110    


                                                                 
officer is appointed, execpt EXCEPT as provided in section         4,770        

5119.16 of the Revised Code.  Subject to civil service rules and   4,771        

rules adopted by the department, the managing officer shall        4,772        

appoint the necessary employees, and he THE MANAGING OFFICER or    4,774        

the director may remove such THOSE employees for cause.  If        4,776        

required by the director of mental retardation and developmental   4,778        

disabilities, the managing officers shall reside in the            4,779        

institution in which they are employed and devote their entire     4,780        

time to the interests of their particular institution.  A report   4,781        

of all appointments, resignations, and discharges shall be filed   4,782        

with the appropriate division at the close of each month.          4,783        

      After conference with the managing officer of each           4,785        

institution, the director shall determine the number of employees  4,786        

to be appointed to the various institutions and clinics.           4,787        

      Sec. 5123.092.  (A)  There is hereby established at each     4,796        

institution and branch institution under the control of the        4,797        

department of mental retardation and developmental disabilities a  4,798        

citizen's advisory council consisting of thirteen SEVEN members.   4,799        

At least seven FOUR of the members shall be persons who are not    4,801        

providers of mental retardation services.  Each council shall      4,803        

include parents or other relatives of residents of institutions    4,805        

under the control of the department, community leaders,            4,806        

professional persons in relevant fields, and persons who have an   4,807        

interest in or knowledge of mental retardation.  The managing      4,808        

officer of the institution shall be a nonvoting member of the      4,809        

council.                                                                        

      (B)  Except as otherwise provided in this division, the THE  4,811        

director of mental retardation and developmental disabilities      4,812        

shall be the appointing authority for the voting members of each   4,813        

citizen's advisory council.  Each time the term of a voting        4,814        

member expires, the remaining members of the council shall         4,815        

recommend to the director one or more persons to serve on the      4,816        

council.  The director may accept a nominee of the council or      4,817        

reject the nominee or nominees.  If the director rejects the                    

                                                          111    


                                                                 
nominee or nominees, the joint council on mental retardation and   4,818        

developmental disabilities created by section 101.37 of the        4,820        

Revised Code shall either appoint a person recommended by the      4,821        

advisory  council or reject the nominee or nominees.  If the       4,822        

joint council rejects the nominee or nominees, the remaining       4,823        

members of the advisory council shall FURTHER recommend to the     4,824        

director one or more other persons to serve on the advisory        4,826        

council.  This procedure shall continue until a member is          4,827        

appointed to the advisory council.  The joint council on mental    4,828        

retardation and developmental disabilities shall appoint the                    

original voting members of any citizen's advisory council created  4,829        

after November 15, 1981.  Thereafter, the director of mental       4,830        

retardation and developmental disabilities shall appoint members   4,831        

of the advisory council in accordance with this division.  Each    4,832        

      EACH advisory council shall elect from its twelve appointed  4,835        

members a chairperson, vice-chairperson, and a secretary to serve  4,837        

for terms of one year.  Advisory council officers shall not serve  4,838        

for more than two consecutive terms in the same office.  A                      

majority of the advisory council members constitutes a quorum.     4,839        

      (C)  Terms of office of the original twelve appointees       4,841        

shall be as follows:                                               4,842        

      (1)  Four members, at least three of whom shall be persons   4,844        

who are not providers of mental retardation services, shall be     4,845        

appointed for a period of one year;                                4,846        

      (2)  Four members, at least two of whom shall be persons     4,848        

who are not providers of mental retardation services, shall be     4,849        

appointed for a period of two years;                               4,850        

      (3)  Four members, at least two of whom shall be persons     4,852        

who are not providers of mental retardation services, shall be     4,853        

appointed for a period of three years.                             4,854        

      Thereafter, terms of office shall be for three years, each   4,856        

term ending on the same day of the same month of the year as did   4,857        

the term which it succeeds.  No member shall serve more than two   4,858        

consecutive terms, except that any former member may be appointed  4,859        

                                                          112    


                                                                 
if one year or longer has elapsed since the member served two      4,860        

consecutive terms.  Each member shall hold office from the date    4,861        

of appointment until the end of the term for which the member was  4,862        

appointed.  Any vacancy shall be filled in the same manner in      4,863        

which the original appointment was made, and the appointee to a    4,864        

vacancy in an unexpired term shall serve the balance of the term   4,865        

of the original appointee.  Any member shall continue in office    4,866        

subsequent to the expiration date of the member's term until the   4,868        

member's successor takes office, or until a period of sixty days   4,869        

has elapsed, whichever occurs first.                                            

      (D)  Members shall be expected to attend all meetings of     4,871        

the advisory council.  Unexcused absence from two successive       4,872        

regularly scheduled meetings shall be considered prima-facie       4,873        

evidence of intent not to continue as a member.  The chairperson   4,874        

of the board shall, after a member has been absent for two         4,875        

successive regularly scheduled meetings, direct a letter to the    4,876        

member asking if the member wishes to remain in membership.  If    4,877        

an affirmative reply is received, the member shall be retained as  4,879        

a member except that, if, after having expressed a desire to                    

remain a member, the member then misses a third successive         4,880        

regularly scheduled meeting without being excused, the             4,881        

chairperson shall terminate the member's membership.               4,882        

      (E)  The A citizen's advisory councils COUNCIL shall meet    4,885        

six times annually, or more frequently if three council members    4,886        

request the chairperson to call a meeting.  The council shall      4,887        

keep minutes of each meeting and shall submit them to the          4,888        

managing officer of the institution with which the council is      4,889        

associated, the department of mental retardation and               4,890        

developmental disabilities, and the legal rights service.                       

      (F)  Members of citizen's advisory councils shall receive    4,892        

no compensation for their services, except that they shall be      4,893        

reimbursed for their actual and necessary expenses incurred in     4,894        

the performance of their official duties by the institution with   4,895        

which they are associated from funds allocated to it, provided     4,896        

                                                          113    


                                                                 
that reimbursement for such THOSE expenses shall not exceed        4,897        

limits imposed upon the department of mental retardation and       4,899        

developmental disabilities by administrative rules regulating      4,900        

travel within this state.                                          4,901        

      (G)  The councils shall have reasonable access to all        4,903        

patient treatment and living areas and records of the              4,904        

institution, except those records of a strictly personal or        4,905        

confidential nature.  The councils shall have access to a          4,906        

patient's personal records with the consent of the patient or the  4,907        

patient's legal guardian or, if the patient is a minor, with the   4,908        

consent of the parent or legal guardian of the patient.            4,909        

      (H)  As used in this section, "branch institution" means a   4,911        

facility that is located apart from an institution and is under    4,912        

the control of the managing officer of the institution.            4,913        

      Sec. 5123.11.  (A)  The director of mental retardation and   4,922        

developmental disabilities shall MAY enter into an agreement with  4,924        

the boards of trustees or boards of directors of two or more       4,925        

universities in which there is a college of medicine or college    4,926        

of osteopathic medicine, or of two or more colleges of medicine    4,927        

or colleges of osteopathic medicine, or any combination thereof    4,928        

OF THOSE UNIVERSITIES AND COLLEGES, to establish, manage, and      4,930        

conduct residency medical training programs.  The agreement may    4,931        

also provide for clinical clerkships for medical students.  The    4,932        

director shall also enter into an agreement with the boards of     4,933        

trustees or boards of directors of one or more universities in     4,934        

which there is a school of professional psychology to establish,   4,935        

manage, and conduct residency psychological training programs.     4,936        

      (B)  The department shall pay all costs incurred by a        4,938        

university or college that relate directly to the training of      4,939        

resident physicians or psychologists in programs developed under   4,940        

this section.  The director of mental retardation and              4,941        

developmental disabilities shall ensure that any procedures and    4,943        

limitations imposed for the purpose of reimbursing universities    4,944        

or colleges, or for direct payment of residents' salaries, are     4,945        

                                                          114    


                                                                 
incorporated into agreements between the department and the        4,946        

universities or colleges.  Any agreement shall provide that        4,947        

residency training for a physician shall not exceed four calendar  4,948        

years.                                                                          

      Sec. 5123.17.  The department of mental retardation and      4,957        

developmental disabilities may provide for the custody,            4,958        

supervision, control, treatment, and training of mentally          4,959        

retarded or developmentally disabled persons WITH MENTAL           4,960        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY elsewhere than     4,961        

within the enclosure of an institution under its jurisdiction, if               

the department so determines with respect to any individual or     4,962        

group of individuals.  In all such cases, the department shall     4,963        

ensure adequate and proper supervision for the protection of such  4,964        

THOSE persons and of the public.                                   4,965        

      Sec. 5123.18.  (A)  As used in this section:                 4,974        

      (1)  "Contractor" means a person or government agency that   4,976        

enters into a contract with the department of mental retardation   4,977        

and developmental disabilities under this section.                 4,978        

      (2)  "Government agency" means a state agency as defined in  4,980        

section 117.01 of the Revised Code or a similar agency of a        4,981        

political subdivision of the state.                                4,982        

      (3)  "Residential services" means the services necessary     4,984        

for an individual with mental retardation or a developmental       4,985        

disability to live in the community, including room and board,     4,986        

clothing, transportation, personal care, habilitation,             4,987        

supervision, and any other services the department considers       4,988        

necessary for the individual to live in the community.             4,989        

      (B)(1)  The department of mental retardation and             4,991        

developmental disabilities may enter into a contract with a        4,992        

person or government agency to provide residential services to     4,993        

individuals with mental retardation or developmental disabilities  4,994        

in need of residential services.  Contracts for residential        4,995        

services shall be of the following types:                          4,996        

      (a)  Companion home contracts - contracts under which the    4,998        

                                                          115    


                                                                 
contractor is an individual, the individual is the primary         4,999        

caregiver, and the individual owns or leases and resides in the    5,000        

home in which the services are provided.                           5,001        

      (b)  Agency-operated companion home contracts - contracts    5,003        

under which the contractor subcontracts, for purposes of           5,004        

coordinating the provision of residential services, with one or    5,005        

more individuals who are primary caregivers and own or lease and   5,006        

reside in the homes in which the services are provided.            5,007        

      (c)  Community home contracts - contracts for residential    5,009        

services under which the contractor owns or operates a home that   5,010        

is used solely to provide residential services.                    5,011        

      (d)  Combined agency-operated companion home and community   5,013        

home contracts.                                                    5,014        

      (2)  A companion home contract shall cover not more than     5,016        

one home.  An agency-operated companion home contract or a         5,017        

community home contract may cover more than one home.              5,018        

      (C)  Contracts shall be in writing and shall provide for     5,020        

payment to be made to the contractor at the times agreed to by     5,021        

the department and the contractor.  Each contract shall specify    5,022        

the period during which it is valid, the amount to be paid for     5,023        

residential services, and the number of individuals for whom       5,024        

payment will be made.  Contracts may be renewed.                   5,025        

      (D)  To be eligible to enter into a contract with the        5,027        

department under this section, the person or government agency     5,028        

and the home in which the residential services are provided must   5,029        

meet all applicable standards for licensing or certification by    5,030        

the appropriate government agency.  In addition, if the            5,031        

residential facility is operated as a nonprofit entity, the        5,032        

members of the board of trustees or board of directors of the      5,033        

facility must not have a financial interest in or receive          5,034        

financial benefit from the facility, other than reimbursement for  5,035        

actual expenses incurred in attending board meetings.              5,036        

      A home with a companion home contract or an agency operated  5,038        

companion home contract that has five or fewer residents with      5,039        

                                                          116    


                                                                 
mental retardation or a developmental disability is a foster       5,040        

family home as defined in section 5123.19 of the Revised Code.     5,041        

      (E)(1)  The department shall determine the payment amount    5,043        

assigned to an initial contract.  To the extent that the           5,044        

department determines sufficient funds are available, the payment  5,045        

amount assigned to an initial contract shall be equal to the       5,046        

average amount assigned to contracts for other homes that are of   5,047        

the same type and size and serve individuals with similar needs,   5,048        

except that if an initial contract is the result of a change of    5,049        

contractor or ownership, the payment amount assigned to the        5,050        

contract shall be the lesser of the amount assigned to the         5,051        

previous contract or the contract's total adjusted predicted       5,052        

funding need calculated under division (I) of this section.        5,053        

      (2)  A renewed contract shall be assigned a payment amount   5,055        

in accordance with division (K) of this section.                   5,056        

      (3)  When a contractor relocates a home to another site at   5,058        

which residential services are provided to the same individuals,   5,059        

the payment amount assigned to the contract for the new home       5,060        

shall be the payment amount assigned to the contract at the        5,061        

previous location.                                                 5,062        

      (F)(1)  Annually, a contractor shall complete an assessment  5,064        

of each individual to whom the contractor provides residential     5,065        

services to predict the individual's need for routine direct       5,066        

services staff.  The department shall establish by rule adopted    5,067        

in accordance with Chapter 119. of the Revised Code the            5,068        

assessment instrument to be used by contractors to make            5,069        

assessments.  Assessments shall be submitted to the department     5,070        

not later than the thirty-first day of January of each year.       5,071        

      A contractor shall submit a revised assessment for an        5,073        

individual if there is a substantial, long-term change in the      5,074        

nature of the individual's needs.  A contractor shall submit       5,075        

revised assessments for all individuals receiving residential      5,076        

services if there is a change in the composition of the home's     5,077        

residents.                                                         5,078        

                                                          117    


                                                                 
      (2)  Annually, a contractor shall submit a cost report to    5,080        

the department specifying the costs incurred in providing          5,081        

residential services during the immediately preceding calendar     5,082        

year.  Only costs actually incurred by a contractor shall be       5,083        

reported on a cost report.  Cost reports shall be prepared         5,084        

according to a uniform chart of accounts approved by the           5,085        

department and shall be submitted on forms prescribed by the       5,086        

department.                                                        5,087        

      (3)  The department shall not renew the contract held by a   5,089        

contractor who fails to submit the assessments or cost reports     5,090        

required under this division.                                      5,091        

      (4)  The department shall adopt rules as necessary           5,093        

regarding the submission of assessments and cost reports under     5,094        

this division.  The rules shall be adopted in accordance with      5,095        

Chapter 119. of the Revised Code.                                  5,096        

      (G)  Prior to renewing a contract entered into under this    5,098        

section, the department shall compute the contract's total         5,099        

predicted funding need and total adjusted predicted funding need.  5,100        

The department shall also compute the contract's unmet funding     5,101        

need if the payment amount assigned to the contract is less than   5,102        

the total adjusted predicted funding need.  The results of these   5,103        

calculations shall be used to determine the payment amount         5,104        

assigned to the renewed contract.                                  5,105        

      (H)(1)  A contract's total predicted funding need is an      5,107        

amount equal to the sum of the predicted funding needs for the     5,108        

following cost categories:                                         5,109        

      (a)  Routine direct services staff;                          5,111        

      (b)  Dietary, program supplies, and specialized staff;       5,113        

      (c)  Facility and general services;                          5,115        

      (d)  Administration.                                         5,117        

      (2)  Based on the assessments submitted by the contractor,   5,119        

the department shall compute the contract's predicted funding      5,120        

need for the routine direct services staff cost category by        5,121        

multiplying the number of direct services staff predicted to be    5,122        

                                                          118    


                                                                 
necessary for the home by the sum of the following:                5,123        

      (a)  Entry level wages paid during the immediately           5,125        

preceding cost reporting period to comparable staff employed by    5,126        

the county board of mental retardation and developmental           5,127        

disabilities of the county in which the home is located;           5,128        

      (b)  Fringe benefits and payroll taxes as determined by the  5,130        

department using state civil service statistics from the same      5,131        

period as the cost reporting period.                               5,132        

      (3)  The department shall establish by rule adopted in       5,134        

accordance with Chapter 119. of the Revised Code the method to be  5,135        

used to compute the predicted funding need for the dietary,        5,136        

program supplies, and specialized staff cost category; the         5,137        

facility and general services cost category; and the               5,138        

administration cost category.  The rules shall not establish a     5,139        

maximum amount that may be attributed to the dietary, program      5,140        

supplies, and specialized staff cost category.  The rules shall    5,141        

establish a process for determining the combined maximum amount    5,142        

that may be attributed to the facility and general services cost   5,143        

category and the administration cost category.                     5,144        

      (I)(1)  A contract's total adjusted predicted funding need   5,146        

is the contract's total predicted funding need with adjustments    5,147        

made for the following:                                            5,148        

      (a)  Inflation, as provided under division (I)(2) of this    5,150        

section;                                                           5,151        

      (b)  The predicted cost of complying with new requirements   5,153        

established under federal or state law that were not taken into    5,154        

consideration when the total predicted funding need was computed;  5,155        

      (c)  Changes in needs based on revised assessments           5,157        

submitted by the contractor.                                       5,158        

      (2)  In adjusting the total predicted funding need for       5,160        

inflation, the department shall use either the consumer price      5,161        

index compound annual inflation rate calculated by the United      5,162        

States department of labor for all items or another index or       5,163        

measurement of inflation designated in rules that the department   5,164        

                                                          119    


                                                                 
shall adopt in accordance with Chapter 119. of the Revised Code.   5,165        

      When a contract is being renewed for the first time, and     5,167        

the contract is to begin on the first day of July, the inflation   5,168        

adjustment applied to the contract's total predicted funding need  5,169        

shall be the estimated rate of inflation for the calendar year in  5,170        

which the contract is renewed.  If the consumer price index is     5,171        

being used, the department shall base its estimate on the rate of  5,172        

inflation calculated for the three-month period ending the         5,173        

thirty-first day of March of that calendar year.  If another       5,174        

index or measurement is being used, the department shall base its  5,175        

estimate on the most recent calculations of the rate of inflation  5,176        

available under the index or measurement.  Each year thereafter,   5,177        

the inflation adjustment shall be estimated in the same manner,    5,178        

except that if the estimated rate of inflation for a year is       5,179        

different from the actual rate of inflation for that year, the     5,180        

difference shall be added to or subtracted from the rate of        5,181        

inflation estimated for the next succeeding year.                  5,182        

      If a contract begins at any time other than July first, the  5,184        

inflation adjustment applied to the contract's total predicted     5,185        

funding need shall be determined by a method comparable to that    5,186        

used for contracts beginning July first.  The department shall     5,187        

adopt rules in accordance with Chapter 119. of the Revised Code    5,188        

establishing the method to be used.                                5,189        

      (J)  A contract's unmet funding need is the difference       5,191        

between the payment amount assigned to the contract and the total  5,192        

adjusted predicted funding need, if the payment amount assigned    5,193        

is less than the total adjusted predicted funding need.            5,194        

      (K)  The payment amount to be assigned to a contract being   5,196        

renewed shall be determined by comparing the total adjusted        5,197        

predicted funding need with the payment amount assigned to the     5,198        

current contract.                                                  5,199        

      (1)  If the payment amount assigned to the current contract  5,201        

equals or exceeds the total adjusted predicted funding need, the   5,202        

payment amount assigned to the renewed contract shall be the same  5,203        

                                                          120    


                                                                 
as that assigned to the current contract, unless a reduction is    5,204        

made pursuant to division (L) of this section.                     5,205        

      (2)  If the payment amount assigned to the current contract  5,207        

is less than the total adjusted predicted funding need, the        5,208        

payment amount assigned to the renewed contract shall be           5,209        

increased if the department determines that funds are available    5,210        

for such increases.  The amount of a contract's increase shall be  5,211        

the same percentage of the available funds that the contract's     5,212        

unmet funding need is of the total of the unmet funding need for   5,213        

all contracts.                                                     5,214        

      (L)  When renewing a contract provided for in division (B)   5,216        

of this section other than a companion home contract, the          5,217        

department may reduce the payment amount assigned to a renewed     5,218        

contract if the sum of the contractor's allowable reported costs   5,219        

and the maximum efficiency incentive is less than ninety-one and   5,220        

one-half per cent of the amount received pursuant to this section  5,221        

during the immediately preceding contract year.                    5,222        

      The department shall adopt rules in accordance with Chapter  5,224        

119. of the Revised Code establishing a formula to be used in      5,225        

computing the maximum efficiency incentive, which shall be at      5,226        

least four per cent of the weighted average payment amount to be   5,227        

made to all contractors during the contract year.  The maximum     5,228        

efficiency incentive shall be computed annually.                   5,229        

      (M)  The department may increase the payment amount          5,231        

assigned to a contract based on the contract's unmet funding need  5,232        

at times other than when the contract is renewed.  The department  5,233        

may develop policies for determining priorities in making such     5,234        

increases.                                                         5,235        

      (N)(1)  In addition to the contracts provided for in         5,237        

division (B) of this section, the department may enter into the    5,238        

following contracts:                                               5,239        

      (a)  A contract to pay the cost of beginning operation of a  5,241        

new home that is to be funded under a companion home contract,     5,242        

agency-operated companion home contract, community home contract,  5,243        

                                                          121    


                                                                 
or combined agency-operated companion home and community home      5,244        

contract.                                                          5,245        

      (b)  A contract to pay the cost associated with increasing   5,247        

the number of individuals served by a home funded under a          5,248        

companion home contract, agency-operated companion home contract,  5,249        

community home contract, or combined agency-operated companion     5,250        

home and community home contract.                                  5,251        

      (2)  The department shall adopt rules as necessary           5,253        

regarding contracts entered into under this division.  The rules   5,254        

shall be adopted in accordance with Chapter 119. of the Revised    5,255        

Code.                                                              5,256        

      (O)  Except for companion home contracts, the department     5,258        

shall conduct a reconciliation of the amount earned under a        5,259        

contract and the actual costs incurred by the contractor.  An      5,260        

amount is considered to have been earned for delivering a service  5,261        

at the time the service is delivered.  The department shall adopt  5,262        

rules in accordance with Chapter 119. of the Revised Code          5,263        

establishing procedures for conducting reconciliations.            5,264        

      A reconciliation shall be based on the annual cost report    5,266        

submitted by the contractor.  If a reconciliation reveals that a   5,267        

contractor owes money to the state, the amount owed shall be       5,268        

collected in accordance with section 5123.183 5123.051 of the      5,269        

Revised Code.                                                      5,270        

      When conducting reconciliations, the department shall        5,272        

review all reported costs that may be affected by transactions     5,273        

required to be reported under division (B)(3) of section 5123.172  5,274        

of the Revised Code.  If the department determines that such       5,275        

transactions have increased the cost reported by a contractor,     5,276        

the department may disallow or adjust the cost allowable for       5,277        

payment.  The department shall adopt rules in accordance with      5,278        

Chapter 119. of the Revised Code establishing standards for        5,279        

disallowances or adjustments.                                      5,280        

      (P)  The department may audit the contracts it enters into   5,283        

under this section.  Audits may be conducted by the department or  5,284        

                                                          122    


                                                                 
an entity with which the department contracts to perform the       5,285        

audits.  The department shall adopt rules in accordance with       5,286        

Chapter 119. of the Revised Code establishing procedures for       5,287        

conducting audits.                                                 5,288        

      An audit may include the examination of a contractor's       5,290        

financial books and records, the costs incurred by a contractor    5,291        

in providing residential services, and any other relevant          5,292        

information specified by the department.  An audit shall not be    5,293        

commenced more than four years after the expiration of the         5,294        

contract to be audited, except in cases where the department has   5,295        

reasonable cause to believe that a contractor has committed        5,296        

fraud.                                                             5,297        

      If an audit reveals that a contractor owes money to the      5,299        

state, the amount owed, subject to an adjudication hearing under   5,300        

this division, shall be collected in accordance with section       5,301        

5123.183 5123.051 of the Revised Code.  If an audit reveals that   5,303        

a reconciliation conducted under this section resulted in the                   

contractor erroneously paying money to the state, the department   5,304        

shall refund the money to the contractor, or, in lieu of making a  5,305        

refund, the department may offset the erroneous payment against    5,306        

any money determined as a result of the audit to be owed by the    5,307        

contractor to the state.  The department is not required to pay    5,308        

interest on any money refunded under this division.                5,309        

      In conducting audits or making determinations of amounts     5,311        

owed by a contractor and amounts to be refunded or offset, the     5,312        

department shall not be bound by the results of reconciliations    5,313        

conducted under this section, except with regard to cases          5,314        

involving claims that have been certified pursuant to section      5,315        

5123.183 5123.051 of the Revised Code to the attorney general for  5,317        

collection for which a full and final settlement has been reached               

or a final judgment has been made from which all rights of appeal  5,318        

have expired or been exhausted.                                    5,319        

      Not later than ninety days after an audit's completion, the  5,321        

department shall provide the contractor a copy of a report of the  5,322        

                                                          123    


                                                                 
audit.  The report shall state the findings of the audit,          5,323        

including the amount of any money the contractor is determined to  5,324        

owe the state.                                                     5,325        

      Until November 9, 1996, a contractor may request that the    5,328        

department conduct an adjudication hearing concerning an audit     5,329        

report that states the contractor owes the state money.  The       5,330        

contractor shall specify in the request the audit findings the     5,331        

contractor contests.  At the contractor's request, the department  5,333        

shall conduct an adjudication hearing in accordance with Chapter   5,334        

119. of the Revised Code.  If a hearing officer rules in the       5,335        

department's favor on each audit finding that the contractor       5,336        

contests, the department may request the hearing officer to        5,337        

determine whether the request for the adjudication hearing was     5,338        

frivolous.  If the hearing officer determines the request was      5,339        

frivolous, the contractor shall, notwithstanding section 119.09    5,340        

of the Revised Code, pay the fees and expenses charged or          5,341        

incurred by the hearing officer and court reporter in conducting   5,342        

the adjudication hearing.                                                       

      No contractor may request an adjudication hearing after      5,345        

November 9, 1996.  An adjudication hearing requested before        5,346        

November 9, 1996, may proceed after November 9, 1996.              5,347        

      (Q)  The department shall adopt rules specifying the amount  5,349        

that will be allowed under a reconciliation or audit for the cost  5,350        

incurred by a contractor for compensation of owners,               5,351        

administrators, and other personnel.  The rules shall be adopted   5,352        

in accordance with Chapter 119. of the Revised Code.               5,353        

      (R)  Each contractor shall, for at least seven years,        5,355        

maintain fiscal records related to payments received pursuant to   5,356        

this section.                                                      5,357        

      (S)  The department may enter into shared funding            5,359        

agreements with other government agencies to fund contracts        5,360        

entered into under this section.  The amount of each agency's      5,361        

share of the cost shall be determined through negotiations with    5,362        

the department.  The department's share shall not exceed the       5,363        

                                                          124    


                                                                 
amount it would have paid without entering into the shared         5,364        

funding agreement, nor shall it be reduced by any amounts          5,365        

contributed by the other parties to the agreement.                 5,366        

      (T)  Except as provided in section 5123.194 of the Revised   5,368        

Code, an individual who receives residential services pursuant to  5,370        

divisions (A) through (U) of this section and the individual's     5,371        

liable relatives or guardians shall pay support charges in         5,373        

accordance with Chapter 5121. of the Revised Code.                 5,374        

      (U)  The department may make reimbursements or payments for  5,376        

any of the following pursuant to rules adopted under this          5,377        

division:                                                          5,378        

      (1)  Unanticipated, nonrecurring costs associated with the   5,380        

health or habilitation of a person who resides in a home funded    5,381        

under a contract provided for in division (B) of this section;     5,382        

      (2)  The cost of staff development training for contractors  5,384        

if the director of mental retardation and developmental            5,385        

disabilities has given prior approval for the training;            5,386        

      (3)  Fixed costs that the department, pursuant to the        5,388        

rules, determines relate to the continued operation of a home      5,389        

funded under a contract provided for in division (B) of this       5,390        

section when a short term vacancy occurs and the contractor has    5,391        

diligently attempted to fill the vacancy.                          5,392        

      The department shall adopt rules in accordance with Chapter  5,394        

119. of the Revised Code establishing standards for use in         5,395        

determining which costs it may make payment or reimbursements for  5,396        

under this division.                                               5,397        

      (V)  In addition to the rules required or authorized to be   5,399        

adopted under this section, the department may adopt any other     5,400        

rules necessary to implement divisions (A) through (U) of this     5,402        

section.  The rules shall be adopted in accordance with Chapter    5,403        

119. of the Revised Code.                                                       

      (W)  The department may delegate to county boards of mental  5,406        

retardation and developmental disabilities its authority under                  

this section to negotiate and enter into contracts or              5,408        

                                                          125    


                                                                 
subcontracts for residential services.  In the event that it       5,410        

elects to delegate its authority, the department shall adopt       5,411        

rules in accordance with Chapter 119. of the Revised Code for the  5,414        

boards' administration of the contracts or subcontracts.  In                    

administering the contracts or subcontracts, the boards shall be   5,415        

subject to all applicable provisions of Chapter 5126. of the       5,417        

Revised Code and shall not be subject to the provisions of         5,419        

divisions (A) to (V) of this section.                              5,421        

      Subject to the department's rules, a board may require the   5,424        

following to contribute to the cost of the residential services    5,425        

an individual receives pursuant to this division:  the individual  5,426        

or the individual's estate, the individual's spouse, the           5,427        

individual's guardian, and, if the individual is under age                      

eighteen, either or both of the individual's parents.  Chapter     5,428        

5121. of the Revised Code shall not apply to individuals or        5,430        

entities that are subject to making contributions under this       5,431        

division.  In calculating contributions to be made under this      5,432        

division, a board, subject to the department's rules, may allow    5,433        

an amount to be kept for meeting the personal needs of the         5,434        

individual who receives residential services.                                   

      Sec. 5123.181.  The director of mental retardation and       5,443        

developmental disabilities and the director of job and family      5,445        

services shall, in concert with each other, eliminate all double   5,446        

billings and double payments for services on behalf of mentally    5,447        

retarded and developmentally disabled persons WITH MENTAL          5,448        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY in intermediate    5,449        

care facilities.  The department of mental retardation and         5,450        

developmental disabilities may enter into contracts with           5,451        

providers of services for the purpose of making payments to such   5,452        

THE providers for services rendered to eligible clients who are    5,454        

mentally retarded or developmentally disabled persons WITH MENTAL  5,455        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY over and above     5,457        

the services authorized and paid under Chapter 5111. of the                     

Revised Code.  Payments authorized under this section and section  5,458        

                                                          126    


                                                                 
5123.18 of the Revised Code shall not be subject to audit          5,459        

findings pursuant to Chapter 5111. of the Revised Code, unless     5,460        

such AN audit determines that payment was made to the provider     5,461        

for services that were not rendered in accordance with the         5,463        

provisions of the provider agreement entered into with the         5,464        

department of job and family services or the department of mental  5,465        

retardation and developmental disabilities pursuant to this        5,466        

section.                                                                        

      Sec. 5123.19.  (A)  As used in this section and in sections  5,476        

5123.191, 5123.194, and 5123.20 of the Revised Code:               5,477        

      (1)  "Residential facility" means a home or facility in      5,479        

which a mentally retarded or developmentally disabled person       5,480        

resides, except the home of a relative or legal guardian in which  5,481        

a mentally retarded or developmentally disabled person resides, a  5,482        

respite care home certified under section 5126.05 of the Revised   5,483        

Code, a county home or district home operated pursuant to Chapter  5,484        

5155. of the Revised Code, or a dwelling in which the only         5,485        

mentally retarded or developmentally disabled residents are in an  5,486        

independent living arrangement or are being provided supported     5,487        

living.                                                            5,488        

      (2)  "Family home" means a residential facility that         5,490        

provides room and board, personal care, habilitation services,     5,491        

and supervision in a family setting for at least six but not more  5,492        

than eight mentally retarded or developmentally disabled persons.  5,493        

      (3)  "Group home" means a residential facility that          5,495        

provides room and board, personal care, habilitation services,     5,496        

and supervision in a family setting for at least nine but not      5,497        

more than sixteen mentally retarded or developmentally disabled    5,498        

persons.                                                           5,499        

      (4)  "Political subdivision" means a municipal corporation,  5,501        

county, or township.                                               5,502        

      (5)  "Foster family home" means a residential facility that  5,504        

provides room and board, personal care, habilitation services,     5,505        

and supervision in a family setting for not more than five         5,506        

                                                          127    


                                                                 
mentally retarded or developmentally disabled persons.             5,507        

      (6)  "Semi-independent living home" means a residential      5,509        

facility for a mentally retarded or developmentally disabled       5,510        

person where, according to the person's individual habilitation    5,512        

plan, the person demonstrates skills that would enable the person  5,513        

to function for specified periods of time without supervision.     5,514        

Such skills include, but are not limited to, home management,      5,515        

community mobility, personal hygiene, interpersonal relationship   5,516        

skills, and self-preservation.                                     5,517        

      (7)(3)  "Independent living arrangement" means an            5,519        

arrangement in which a mentally retarded or developmentally        5,520        

disabled person resides in an individualized setting chosen by     5,521        

the person or the person's guardian, which is not dedicated        5,523        

principally to the provision of residential services for mentally  5,524        

retarded or developmentally disabled persons, and for which no     5,525        

financial support is received for rendering such service from any  5,526        

governmental agency by a provider of residential services.         5,527        

      (8)(4)  "Supported living" has the same meaning as in        5,529        

section 5126.01 of the Revised Code.                               5,530        

      (9)(5)  "Licensee" means the person or government agency     5,532        

that has applied for a license to operate a residential facility   5,533        

and to which the license was issued under this section.            5,534        

      (B)  Every person or government agency desiring to operate   5,536        

a residential facility shall apply for licensure of the facility   5,537        

to the director of mental retardation and developmental            5,538        

disabilities unless the residential facility is subject to         5,539        

section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised       5,540        

Code.  Notwithstanding Chapter 3721. of the Revised Code, a        5,541        

nursing home that is certified as an intermediate care facility    5,542        

for the mentally retarded under Title XIX of the "Social Security  5,543        

Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, shall      5,544        

apply for licensure of the portion of the home that is certified   5,545        

as an intermediate care facility for the mentally retarded.        5,546        

      (C)  The director of mental retardation and developmental    5,548        

                                                          128    


                                                                 
disabilities shall license and inspect the operation of            5,549        

residential facilities.  The director may deny or revoke such      5,550        

licenses.                                                          5,551        

      Except as provided in divisions (G) and (O) of this          5,553        

section, a license is valid until it is revoked or voluntarily     5,554        

surrendered.  Appeals from proceedings initiated to deny           5,555        

applications for licenses or to revoke licenses shall be           5,556        

conducted in accordance with Chapter 119. of the Revised Code.     5,557        

      In accordance with Chapter 119. of the Revised Code, the     5,559        

director shall adopt and may amend and rescind rules for           5,560        

licensing and regulating the operation of residential facilities.  5,561        

The rules shall establish the following:                           5,562        

      (1)  Procedures for issuing, denying, and revoking           5,564        

licenses;                                                          5,565        

      (2)  Fees for issuing licenses;                              5,567        

      (3)  Procedures for the inspection of residential            5,569        

facilities;                                                        5,570        

      (4)  Requirements for the training of residential facility   5,572        

personnel;                                                         5,573        

      (5)  Classifications for the various types of residential    5,575        

facilities;                                                        5,576        

      (6)  Certification procedures for licensees and management   5,578        

contractors that the director determines are necessary to ensure   5,579        

that they have the skills and qualifications to properly operate   5,580        

or manage residential facilities;                                  5,581        

      (7)  The maximum number of persons who may be served in a    5,583        

particular type of residential facility;                           5,584        

      (8)  Uniform procedures for admission of persons to and      5,586        

transfers and discharges of persons from residential facilities;   5,587        

      (9)  Other standards for the operation of residential        5,589        

facilities and the services provided at residential facilities;    5,590        

      (10)  Procedures for waiving any provision of any rule       5,592        

adopted under this section.                                        5,593        

      (D)  Before issuing a license, the director of the           5,595        

                                                          129    


                                                                 
department or the director's designee shall conduct an inspection  5,597        

of the residential facility for which application is made.  The    5,598        

director or the director's designee shall conduct an inspection    5,599        

of each licensed residential facility at least once each year and  5,601        

may conduct additional inspections as needed.  An inspection       5,602        

includes but is not limited to an on-site examination and          5,603        

evaluation of the residential facility, its personnel, and the     5,604        

services provided there.                                           5,605        

      In conducting inspections, the director or the director's    5,607        

designee shall be given access to the residential facility; all    5,609        

records, accounts, and any other documents related to the          5,610        

operation of the facility; the licensee; the residents of the      5,611        

facility; and all persons acting on behalf of, under the control   5,612        

of, or in connection with the licensee.  The licensee and all      5,613        

persons on behalf of, under the control of, or in connection with  5,614        

the licensee shall cooperate with the director or the director's   5,615        

designee in conducting the inspection.                             5,617        

      Following each inspection, unless the director initiates a   5,619        

license revocation proceeding, the director or the director's      5,621        

designee shall provide the licensee with a report listing any      5,622        

deficiencies, specifying a timetable within which the licensee     5,623        

shall submit a plan of correction describing how the deficiencies  5,624        

will be corrected, and, when appropriate, specifying a timetable   5,625        

within which the licensee must correct the deficiencies.  After a  5,626        

plan of correction is submitted, the director or the director's    5,627        

designee shall approve or disapprove the plan.  A copy of the      5,629        

report and any approved plan of correction shall be provided to    5,630        

any person who requests it.                                        5,631        

      If it is determined that a residential facility is not       5,633        

being operated in compliance with this chapter or the rules        5,634        

adopted under it, the director may take such steps as are          5,635        

necessary, including, but not limited to, suspension of            5,636        

admissions to the residential facility, placement of a monitor at  5,637        

the residential facility, and the initiation of license            5,638        

                                                          130    


                                                                 
revocation proceedings.                                            5,639        

      When the director initiates license revocation proceedings,  5,641        

no opportunity for submitting a plan of correction shall be        5,642        

given.  The director shall notify the licensee by letter of the    5,643        

initiation of such proceedings.  The letter shall list the         5,644        

deficiencies of the residential facility and inform the licensee   5,645        

that no plan of correction will be accepted.  The director shall   5,646        

also notify each affected resident, the resident's guardian if     5,647        

the resident is an adult for whom a guardian has been appointed,   5,648        

the resident's parent or guardian if the resident is a minor, and  5,649        

the county board of mental retardation and developmental           5,650        

disabilities.                                                      5,651        

      Pursuant to rules which shall be adopted in accordance with  5,654        

Chapter 119. of the Revised Code, the director may order the       5,655        

immediate removal of residents from a residential facility         5,656        

whenever conditions at the facility present an immediate danger    5,657        

of physical or psychological harm to the residents.                5,658        

      In determining whether a residential facility is being       5,660        

operated in compliance with this chapter or the rules adopted      5,661        

under it, or whether conditions at a residential facility present  5,662        

an immediate danger of physical or psychological harm to the       5,663        

residents, the director may rely on information obtained by a      5,664        

county board of mental retardation and developmental disabilities  5,665        

or other governmental agencies in the course of investigating      5,666        

major unusual incidents.  The director shall adopt rules in        5,667        

accordance with Chapter 119. of the Revised Code that specify      5,668        

what constitute "major unusual incidents."                         5,669        

      The director shall suspend without pay for a period of at    5,671        

least three days any department employee who notifies or causes    5,672        

the notification to any unauthorized person of an unannounced      5,673        

inspection of a residential facility by an authorized              5,674        

representative of the department.                                  5,675        

      (E)  In proceedings initiated to deny or revoke licenses     5,677        

under this section, the director may deny or revoke a license      5,678        

                                                          131    


                                                                 
regardless of whether some or all of the deficiencies that         5,679        

prompted the proceedings have been corrected at the time of the    5,680        

hearing.                                                           5,681        

      (F)  In addition to any other information which may be       5,683        

required of applicants for a license pursuant to this section,     5,684        

the director shall require each applicant to provide a copy of an  5,685        

approved plan for a proposed residential facility pursuant to      5,686        

section 5123.042 of the Revised Code.                              5,687        

      (G)  Pursuant to rules which shall be adopted in accordance  5,690        

with Chapter 119. of the Revised Code, the director may require    5,691        

notification to the department of any significant change in the    5,692        

ownership of a residential facility or in the identity of the      5,693        

licensee or management contractor.  When such notification is not  5,694        

given, the director may cancel the residential facility's          5,695        

license.  If the director determines that a significant change of  5,696        

ownership is proposed, the director shall consider the proposed    5,698        

change to be an application for development by a new operator      5,699        

pursuant to section 5123.042 of the Revised Code and shall advise  5,701        

the applicant within sixty days of such notification that the      5,702        

current license shall continue in effect or a new license will be  5,703        

required pursuant to this section.                                              

      (H)  A county board of mental retardation and developmental  5,705        

disabilities, the legal rights service, and any interested person  5,706        

may file complaints alleging violations of statute or department   5,707        

rule relating to residential facilities with the department.  All  5,708        

complaints shall be in writing and shall state the facts           5,709        

constituting the basis of the allegation.  The department shall    5,710        

not reveal the source of any complaint unless the complainant      5,711        

agrees in writing to waive the right to confidentiality or until   5,712        

so ordered by a court of competent jurisdiction.                   5,713        

      The department shall acknowledge receipt of the complaint    5,715        

and notify the complainant of the action that will be taken with   5,716        

respect to it within five working days of receiving it.            5,717        

      The substance of a complaint shall not be provided to a      5,719        

                                                          132    


                                                                 
licensee until the commencement of an inspection or                5,720        

investigation.                                                     5,721        

      (I)  The department shall establish procedures for the       5,723        

notification of interested parties of the transfer or interim      5,724        

care of residents from residential facilities that are closing or  5,725        

are losing their license.                                          5,726        

      (J)  Before issuing a license under this section to a        5,728        

residential facility that will accommodate at any time more than   5,729        

one mentally retarded or developmentally disabled individual, the  5,730        

director shall, by first class mail, notify the following:         5,731        

      (1)  If the facility will be located in a municipal          5,733        

corporation, the clerk of the legislative authority of the         5,734        

municipal corporation;                                             5,735        

      (2)  If the facility will be located in unincorporated       5,737        

territory, the clerk of the appropriate board of county            5,738        

commissioners and the clerk of the appropriate board of township   5,739        

trustees.                                                          5,740        

      The director shall not issue the license for ten days after  5,742        

mailing the notice, excluding Saturdays, Sundays, and legal        5,743        

holidays, in order to give the notified local officials time in    5,744        

which to comment on the proposed issuance.                         5,745        

      Any legislative authority of a municipal corporation, board  5,747        

of county commissioners, or board of township trustees that        5,748        

receives notice under this division of the proposed issuance of a  5,749        

license for a residential facility may comment on it in writing    5,750        

to the director within ten days after the director mailed the      5,751        

notice, excluding Saturdays, Sundays, and legal holidays.  If the  5,752        

director receives written comments from any notified officials     5,753        

within the specified time, the director shall make written         5,754        

findings concerning the comments and the director's decision on    5,756        

the issuance of the license.  If the director does not receive     5,758        

written comments from any notified local officials within the      5,759        

specified time, the director shall continue the process for        5,761        

issuance of the license.                                                        

                                                          133    


                                                                 
      (K)  Any person may operate a licensed family home           5,763        

RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE,  5,764        

HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT  5,765        

LEAST SIX BUT NOT MORE THAN EIGHT PERSONS WITH MENTAL RETARDATION  5,766        

OR OTHER DEVELOPMENTAL DISABILITIES as a permitted use in any      5,767        

residential district or zone, including any single-family          5,768        

residential district or zone, of any political subdivision.        5,769        

Family homes THESE RESIDENTIAL FACILITIES may be required to       5,770        

comply with area, height, yard, and architectural compatibility    5,771        

requirements that are uniformly imposed upon all single-family     5,772        

residences within the district or zone.                            5,773        

      (L)  Any person may operate a licensed group home            5,775        

RESIDENTIAL FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE,  5,776        

HABILITATION SERVICES, AND SUPERVISION IN A FAMILY SETTING FOR AT  5,777        

LEAST NINE BUT NOT MORE THAN SIXTEEN PERSONS WITH MENTAL           5,778        

RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES as a permitted     5,780        

use in any multiple-family residential district or zone of any     5,781        

political subdivision, except that a political subdivision that    5,782        

has enacted a zoning ordinance or resolution establishing planned  5,783        

unit development districts may exclude group homes THESE                        

RESIDENTIAL FACILITIES from such districts, and a political        5,785        

subdivision that has enacted a zoning ordinance or resolution may  5,786        

regulate group homes THESE RESIDENTIAL FACILITIES in               5,787        

multiple-family residential districts or zones as a conditionally  5,788        

permitted use or special exception, in either case, under          5,789        

reasonable and specific standards and conditions set out in the    5,790        

zoning ordinance or resolution to:                                 5,791        

      (1)  Require the architectural design and site layout of     5,793        

the home RESIDENTIAL FACILITY and the location, nature, and        5,794        

height of any walls, screens, and fences to be compatible with     5,796        

adjoining land uses and the residential character of the           5,797        

neighborhood;                                                                   

      (2)  Require compliance with yard, parking, and sign         5,799        

regulation;                                                        5,800        

                                                          134    


                                                                 
      (3)  Limit excessive concentration of homes THESE            5,802        

RESIDENTIAL FACILITIES.                                            5,803        

      (M)  This section does not prohibit a political subdivision  5,805        

from applying to residential facilities nondiscriminatory          5,806        

regulations requiring compliance with health, fire, and safety     5,807        

regulations and building standards and regulations.                5,808        

      (N)  Divisions (K) and (L) of this section are not           5,810        

applicable to municipal corporations that had in effect on June    5,811        

15, 1977, an ordinance specifically permitting in residential      5,812        

zones licensed residential facilities by means of permitted uses,  5,813        

conditional uses, or special exception, so long as such ordinance  5,814        

remains in effect without any substantive modification.            5,815        

      (O)  The director may issue an interim license to operate a  5,817        

residential facility to an applicant for a license under this      5,818        

section if all of the following conditions are met:                5,819        

      (1)  The director determines that an emergency exists that   5,821        

requires immediate placement of persons in a residential           5,822        

facility, and insufficient licensed beds are available.            5,823        

      (2)  The residential facility meets standards in rules for   5,825        

interim licenses that the director shall adopt in accordance with  5,826        

Chapter 119. of the Revised Code.                                  5,827        

      (3)  The director determines that the residential facility   5,829        

is likely to receive a license under this section within thirty    5,830        

days after issuance of the interim license.                        5,831        

      An interim license shall be valid for thirty days and may    5,833        

be renewed by the director no more than twice.                     5,834        

      (P)  Notwithstanding rules adopted pursuant to this section  5,836        

establishing the maximum number of persons who may be served in a  5,837        

particular type of residential facility, a residential facility    5,838        

shall be permitted to serve the same number of persons being       5,839        

served by the facility on the effective date of such rules or the  5,840        

number of persons for which the facility is authorized pursuant    5,841        

to a current application for a certificate of need with a letter   5,842        

of support from the department of mental retardation and           5,843        

                                                          135    


                                                                 
developmental disabilities and which is in the review process      5,844        

prior to April 4, 1986.                                            5,845        

      (Q)  The director or the director's designee may enter at    5,847        

any time, for purposes of investigation, any home, facility, or    5,849        

other structure that has been reported to the director or that     5,850        

the director has reasonable cause to believe is being operated as  5,851        

a residential facility without a license issued under this         5,852        

section.                                                                        

      The director may petition the court of common pleas of the   5,854        

county in which an unlicensed residential facility is located for  5,855        

an order enjoining the person or governmental agency operating     5,856        

the facility from continuing to operate without a license.  The    5,857        

court may grant the injunction on a showing that the person or     5,858        

governmental agency named in the petition is operating a           5,859        

residential facility without a license.  The court may grant the   5,860        

injunction, regardless of whether the residential facility meets   5,861        

the requirements for receiving a license under this section.       5,862        

      Sec. 5123.21.  The director of the department of mental      5,871        

retardation and developmental disabilities or the director's       5,872        

designee may transfer or authorize the transfer of an involuntary  5,874        

resident or a consenting voluntary resident from one public        5,875        

institution to another or to an institution other than a public    5,876        

institution or other facility, if the director determines that it  5,877        

would be consistent with the habilitation needs of the resident    5,878        

to do so.                                                                       

      Before an involuntary resident may be transferred to a more  5,880        

restrictive setting, the head MANAGING OFFICER of the hospital     5,882        

INSTITUTION shall file a motion with the court requesting the      5,883        

court to amend its order of placement issued under section         5,884        

5123.76 of the Revised Code.  At the resident's request, the       5,885        

court shall hold a hearing on the motion at which the resident     5,886        

has the same rights as at a full hearing under section 5123.76 of  5,887        

the Revised Code.                                                               

      Whenever a resident is transferred, the director shall give  5,889        

                                                          136    


                                                                 
written notice of the transfer to the resident's legal guardian,   5,891        

parents, spouse, and counsel, or, if none is known, to the         5,893        

resident's nearest known relative or friend.  If the resident is   5,895        

a minor, the department before making such a transfer shall make   5,896        

a minute of the order for the transfer and the reason for it upon  5,898        

its record and shall send a certified copy at least seven days     5,900        

prior to the transfer to the person shown by its record to have    5,902        

had the care or custody of the minor immediately prior to the      5,903        

minor's commitment.  Whenever a consenting voluntary resident is   5,906        

transferred, the notification shall be given only at the           5,908        

resident's request.  The managing officer shall advise a           5,909        

voluntary resident who is being transferred that the patient may   5,910        

decide if such a notification shall be given.  In all such         5,913        

transfers, due consideration shall be given to the relationship    5,914        

of the resident to the resident's family, legal guardian, or       5,916        

friends, so as to maintain relationships and encourage visits      5,917        

beneficial to the resident.                                                     

      Sec. 5123.27.  The director of mental retardation and        5,926        

developmental disabilities may accept, hold, and administer in     5,927        

trust on behalf of the state, if it is for the public interest,    5,928        

any grant, devise, gift, or bequest of money or property made to   5,929        

the state for the use or benefit of any institution under the      5,930        

jurisdiction of the department of mental retardation and           5,931        

developmental disabilities or for the use and benefit of mentally  5,932        

retarded or developmentally disabled persons WITH MENTAL           5,933        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY under the control  5,934        

of the department.  If the trust so provides, the money or         5,935        

property may be used for any work which the department is          5,936        

authorized to undertake.                                           5,937        

      The department shall keep such gift, grant, devise, or       5,939        

bequest as a distinct property or fund and, if it is in money,     5,940        

shall invest it in the manner provided by law.  The department     5,941        

may deposit in a proper trust company or savings bank any money    5,942        

left in trust during a specified life or lives and shall adopt     5,943        

                                                          137    


                                                                 
rules governing the deposit, transfer, withdrawal, or investment   5,944        

of such THE money and the income thereof FROM IT.                  5,945        

      The department shall, in the manner prescribed by the        5,947        

director of budget and management pursuant to section 126.21 of    5,948        

the Revised Code, account for all money or property received or    5,949        

expended under this section.  The records, together with a         5,950        

statement certified by the depository showing the money deposited  5,951        

there to the credit of the trust, shall be open to public          5,952        

inspection.  The director of budget and management may require     5,953        

the department to file a report with him THE DIRECTOR on any       5,954        

particular portion, or the whole, of any trust property received   5,956        

or expended by it.                                                 5,957        

      The department shall, upon the expiration of any trust       5,959        

according to its terms, dispose of the money or property held      5,960        

thereunder UNDER THE TRUST in the manner provided in the           5,961        

instrument creating the trust.  If the instrument creating the     5,963        

trust failed to make any terms of disposition, or if no trust was  5,964        

in evidence, then the decedent resident's money, saving or         5,965        

commercial deposits, dividends or distributions, bonds, or any     5,966        

other interest-bearing debt certificate or stamp issued by the     5,967        

United States government shall escheat to the state.  All such     5,968        

unclaimed intangible personal property of a former resident shall  5,969        

be retained by the managing officer in such institution for the    5,970        

period of one year, during which time every possible effort shall  5,971        

be made to find such THE former resident or his THE FORMER         5,972        

RESIDENT'S legal representative.                                   5,974        

      If after a period of one year from the time the resident     5,976        

has left the institution or has died, the managing officer has     5,977        

been unable to locate such THE person or his THE PERSON'S legal    5,979        

representative, then, upon proper notice of such THAT fact, the    5,981        

director shall at that time formulate in writing a method of       5,983        

disposition on the minutes of the department authorizing the       5,984        

managing officer to convert such intangible personal property to   5,985        

cash to be paid into the state treasury to the credit of the       5,986        

                                                          138    


                                                                 
general revenue fund.                                                           

      The department shall include in its annual report a          5,988        

statement of all such money and property and the terms and         5,989        

conditions relating thereto TO THEM.                               5,990        

      Sec. 5123.34.  This chapter attempts to do all of the        5,999        

following:                                                                      

      (A)  Provide humane and scientific treatment and care and    6,002        

the highest attainable degree of individual development for                     

mentally retarded or developmentally disabled persons WITH MENTAL  6,003        

RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY;                   6,004        

      (B)  Promote the study of the causes of mental retardation   6,007        

and developmental disabilities, with a view to ultimate            6,008        

prevention;                                                                     

      (C)  Secure by uniform and systematic management the         6,010        

highest attainable degree of economy in the administration of the  6,011        

institutions under the control of the department of mental         6,012        

retardation and developmental disabilities.                        6,013        

      Sections 5123.02 to 5123.04, 5123.041 to 5123.043, 5123.10,  6,016        

5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall               

be liberally construed to attain such THESE purposes.              6,017        

      Sec. 5123.351.  The director of mental retardation and       6,026        

developmental disabilities, with respect to the eligibility for    6,027        

state reimbursement of expenses incurred by facilities and         6,028        

programs established and operated under Chapter 5126. of the       6,029        

Revised Code for mentally retarded and developmentally disabled    6,030        

persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL           6,031        

DISABILITY, shall do all of the following:                         6,032        

      (A)  Make rules that may be necessary to carry out the       6,035        

purposes of Chapter 5126. and sections 5123.35, 5123.351, and      6,036        

5123.36 of the Revised Code;                                       6,037        

      (B)  Define minimum standards for qualifications of          6,039        

personnel, professional services, and in-service training and      6,040        

educational leave programs;                                        6,041        

      (C)  Review and evaluate community programs and make         6,043        

                                                          139    


                                                                 
recommendations for needed improvements to county boards of        6,044        

mental retardation and developmental disabilities and to program   6,045        

directors;                                                         6,046        

      (D)  Withhold state reimbursement, in whole or in part,      6,048        

from any county or combination of counties for failure to comply   6,049        

with Chapter 5126. or section 5123.35 or 5123.351 of the Revised   6,050        

Code or rules of the department of mental retardation and          6,051        

developmental disabilities;                                        6,052        

      (E)  Withhold state funds from an agency, corporation, or    6,054        

association denying or rendering service on the basis of race,     6,055        

color, sex, religion, ancestry, national origin, disability as     6,057        

defined in section 4112.01 of the Revised Code, or inability to    6,058        

pay;                                                                            

      (F)  Provide consultative staff service to communities to    6,060        

assist in ascertaining needs and in planning and establishing      6,061        

programs.                                                          6,062        

      Sec. 5123.353.  (A)  There is hereby established the         6,071        

community mental retardation and developmental disabilities trust  6,072        

fund advisory council, which shall consist of the director of      6,073        

mental retardation and developmental disabilities and the          6,074        

following members appointed by the director:                       6,075        

      (1)  Two representatives of the Ohio association of county   6,077        

boards of mental retardation and developmental disabilities;       6,078        

      (2)  Two representatives of the department of mental         6,080        

retardation and developmental disabilities who have expertise in   6,081        

community services and programs for mentally retarded or           6,082        

developmentally disabled persons WITH MENTAL RETARDATION OR        6,083        

ANOTHER DEVELOPMENTAL DISABILITY;                                  6,084        

      (3)  One representative of private providers of residential  6,086        

services for mentally retarded or developmentally disabled         6,087        

persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL           6,088        

DISABILITY;                                                                     

      (4)  Three consumers or representatives of consumers of      6,090        

community services and programs for mentally retarded or           6,091        

                                                          140    


                                                                 
developmentally disabled persons WITH MENTAL RETARDATION OR        6,092        

ANOTHER DEVELOPMENTAL DISABILITY.                                  6,093        

      (B)  The director shall make initial appointments not later  6,095        

than sixty days after October 29, 1993.  All terms shall be two    6,096        

years.  Each member shall serve until the member's successor is    6,098        

appointed, and any vacancy shall be filled within thirty days for  6,099        

the remainder of the unexpired term in the same manner as the      6,100        

original appointment.  Members may be reappointed. A member is     6,101        

subject to removal by the director for any of the causes           6,102        

specified in section 3.07 of the Revised Code.                                  

      (C)  Members appointed by the director who are not           6,104        

employees of the department shall serve without compensation from  6,105        

the department, but shall be reimbursed from the community mental  6,106        

retardation and developmental disabilities trust fund for the      6,107        

actual and necessary expenses they incur in the performance of     6,108        

their official duties.                                             6,109        

      (D)  The director shall serve as chairperson of the council  6,111        

and, in consultation with the members, establish the method of     6,112        

operation of the council, including scheduling of consultations    6,113        

with the department and at least quarterly meetings of the         6,114        

council.  The department shall provide to the council such THE     6,116        

administrative support and technical assistance as THAT the        6,117        

council requests.                                                               

      (E)  The council shall advise the department on the          6,119        

operation of the trust fund and the distribution of moneys from    6,120        

the trust fund.                                                    6,121        

      Sec. 5123.55.  As used in sections 5123.55 to 5123.59 of     6,130        

the Revised Code:                                                  6,131        

      (A)  "Guardian" means a guardian of the person, limited      6,133        

guardian, interim guardian, or emergency guardian pursuant to      6,134        

appointment by the probate court under Chapter 2111. of the        6,135        

Revised Code.                                                      6,136        

      (B)  "Trustee" means a trustee appointed by and accountable  6,138        

to the probate court, in lieu of a guardian and without a          6,139        

                                                          141    


                                                                 
judicial determination of incompetency, with respect to an estate  6,140        

of seven TEN thousand dollars or less.                             6,141        

      (C)  "Protector" means an agency under contract with the     6,143        

department of mental retardation and developmental disabilities    6,144        

acting with or without court appointment to provide guidance,      6,145        

service, and encouragement in the development of maximum           6,146        

self-reliance to a mentally retarded or developmentally disabled   6,148        

person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL                         

DISABILITY, independent of any determination of incompetency.      6,150        

      (D)  "Protective service" means performance of the duties    6,152        

of a guardian, trustee, or conservator, or acting as a protector,  6,153        

with respect to a mentally retarded or developmentally disabled    6,154        

person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL            6,155        

DISABILITY.                                                                     

      (E)  "Conservator" means a conservator of the person         6,157        

pursuant to an appointment by a probate court under Chapter 2111.  6,158        

of the Revised Code.                                               6,159        

      Sec. 5123.62.  The rights of mentally retarded persons and   6,168        

of developmentally disabled persons WITH MENTAL RETARDATION OR     6,169        

ANOTHER DEVELOPMENTAL DISABILITY include, but are not limited to,  6,171        

the following:                                                                  

      (A)  The right to be treated at all times with courtesy and  6,173        

respect and with full recognition of their dignity and             6,174        

individuality;                                                     6,175        

      (B)  The right to an appropriate, safe, and sanitary living  6,177        

environment that complies with local, state, and federal           6,178        

standards and recognizes the persons' need for privacy and         6,179        

independence;                                                      6,180        

      (C)  The right to food adequate to meet accepted standards   6,182        

of nutrition;                                                      6,183        

      (D)  The right to practice the religion of their choice or   6,185        

to abstain from the practice of religion;                          6,186        

      (E)  The right of timely access to appropriate medical or    6,188        

dental treatment;                                                  6,189        

                                                          142    


                                                                 
      (F)  The right of access to necessary ancillary services,    6,191        

including, but not limited to, occupational therapy, physical      6,192        

therapy, speech therapy, and behavior modification and other       6,193        

psychological services;                                            6,194        

      (G)  The right to receive appropriate care and treatment in  6,196        

the least intrusive manner;                                        6,197        

      (H)  The right to privacy, including both periods of         6,199        

privacy and places of privacy;                                     6,200        

      (I)  The right to communicate freely with persons of their   6,202        

choice in any reasonable manner they choose;                       6,203        

      (J)  The right to ownership and use of personal possessions  6,205        

so as to maintain individuality and personal dignity;              6,206        

      (K)  The right to social interaction with members of either  6,208        

sex;                                                               6,209        

      (L)  The right of access to opportunities that enable        6,211        

individuals to develop their full human potential;                 6,212        

      (M)  The right to pursue vocational opportunities that will  6,214        

promote and enhance economic independence;                         6,215        

      (N)  The right to be treated equally as citizens under the   6,217        

law;                                                                            

      (O)  The right to be free from emotional, psychological,     6,219        

and physical abuse;                                                6,220        

      (P)  The right to participate in appropriate programs of     6,222        

education, training, social development, and habilitation and in   6,223        

programs of reasonable recreation;                                 6,224        

      (Q)  The right to participate in decisions that affect       6,226        

their lives;                                                                    

      (R)  The right to select a parent or advocate to act on      6,228        

their behalf;                                                                   

      (S)  The right to manage their personal financial affairs,   6,230        

based on individual ability to do so;                              6,231        

      (T)  The right to confidential treatment of all information  6,233        

in their personal and medical records, except to the extent that   6,234        

disclosure or release of records is permitted under sections       6,235        

                                                          143    


                                                                 
5123.89 and 5126.044 of the Revised Code;                          6,236        

      (U)  The right to voice grievances and recommend changes in  6,238        

policies and services without restraint, interference, coercion,   6,239        

discrimination, or reprisal;                                       6,240        

      (V)  The right to be free from unnecessary chemical or       6,242        

physical restraints;                                               6,243        

      (W)  The right to participate in the political process;      6,245        

      (X)  The right to refuse to participate in medical,          6,247        

psychological, or other research or experiments.                   6,248        

      Sec. 5123.63.  Every state agency, county board of mental    6,257        

retardation and developmental disabilities, or political           6,258        

subdivision that provides services, either directly or through a   6,259        

contract, to mentally retarded and developmentally disabled        6,260        

persons WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL             6,261        

DISABILITIES shall give each provider a copy of the list of        6,262        

rights contained in section 5123.62 of the Revised Code.  Each     6,263        

public and private provider of services shall carry out the        6,264        

requirements of this section in addition to any other posting or   6,265        

notification requirements imposed by local, state, or federal law  6,266        

or rules.                                                                       

      The provider shall make copies of the list of rights and     6,268        

shall be responsible for an initial distribution of the list to    6,269        

each individual receiving services from the provider.  If the      6,270        

individual is unable to read the list, the provider shall          6,271        

communicate the contents of the list to the individual to the      6,272        

extent practicable in a manner that the individual understands.    6,273        

The individual receiving services or the parent, guardian, or      6,274        

advocate of the individual shall sign an acknowledgement of        6,275        

receipt of a copy of the list of rights, and a copy of the signed  6,276        

acknowledgement shall be placed in the individual's file.  The     6,277        

provider shall also be responsible for answering any questions     6,278        

and giving any explanations necessary to assist the individual to  6,279        

understand the rights enumerated.  Instruction in these rights     6,280        

shall be a part of all individual habilitation plans DOCUMENTED.   6,281        

                                                          144    


                                                                 
      Each provider shall post in a place accessible to all        6,283        

persons receiving services and all employees and visitors a copy   6,284        

of the list of rights and the addresses and telephone numbers of   6,285        

the legal rights service, the department of mental retardation     6,286        

and developmental disabilities, and the county board of mental     6,287        

retardation and developmental disabilities of the county in which  6,288        

the provider provides services.                                    6,289        

      Sec. 5123.67.  This chapter shall be liberally interpreted   6,298        

to accomplish the following purposes:                              6,299        

      (A)  To promote the human dignity and to protect the         6,301        

constitutional rights of mentally retarded persons and             6,302        

developmentally disabled persons WITH MENTAL RETARDATION OR OTHER  6,303        

DEVELOPMENTAL DISABILITIES in the state;                           6,304        

      (B)  To encourage the development of the ability and         6,306        

potential of each mentally retarded person and each                6,307        

developmentally disabled person WITH MENTAL RETARDATION OR         6,308        

ANOTHER DEVELOPMENTAL DISABILITY in the state to the fullest       6,309        

possible extent, no matter how severe his THE degree of            6,310        

disability;                                                        6,311        

      (C)  To promote the economic security, standard of living,   6,313        

and meaningful employment of mentally retarded persons and         6,314        

developmentally disabled persons WITH MENTAL RETARDATION OR OTHER  6,315        

DEVELOPMENTAL DISABILITIES;                                        6,316        

      (D)  To maximize the assimilation of mentally retarded or    6,318        

developmentally disabled persons WITH MENTAL RETARDATION OR OTHER  6,319        

DEVELOPMENTAL DISABILITIES into the ordinary life of the           6,320        

communities in which they live;                                    6,321        

      (E)  To recognize the need of mentally retarded or           6,323        

developmentally disabled PROMOTE OPPORTUNITIES FOR persons,        6,324        

whenever care in a residential facility is absolutely necessary,   6,325        

to live in surroundings and circumstances as close to normal as    6,326        

possible WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL            6,327        

DISABILITIES TO LIVE IN SURROUNDINGS OR CIRCUMSTANCES THAT ARE     6,328        

TYPICAL FOR OTHER COMMUNITY MEMBERS;                                            

                                                          145    


                                                                 
      (F)  TO PROMOTE THE RIGHT OF PERSONS WITH MENTAL             6,330        

RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES TO SPEAK AND BE    6,331        

HEARD ABOUT THE DESIRED DIRECTION OF THEIR LIVES AND TO USE        6,332        

AVAILABLE RESOURCES IN WAYS THAT FURTHER THAT DIRECTION.           6,333        

      Sec. 5123.801.  If neither a discharged resident, NOR a      6,342        

resident granted trial visit, nor the persons requesting his THE   6,343        

RESIDENT'S trial visit or discharge are financially able to bear   6,344        

the expense of his removal THE RESIDENT'S TRIAL VISIT OR           6,346        

DISCHARGE, the managing officer of an institution under the        6,348        

control of the department of mental retardation and developmental  6,349        

disabilities may then provide actual traveling and escort          6,350        

expenses to the township of which the resident resided at the      6,351        

time of institutionalization.  The amount payable, which sum in    6,352        

no case shall exceed twenty dollars, shall be charged to the       6,353        

current expense fund of the hospital INSTITUTION.                  6,354        

      The expense of the return of a resident on trial visit from  6,356        

an institution, if it cannot be paid by the responsible            6,357        

relatives, shall be borne by the county of institutionalization.   6,358        

      The managing officer of the institution shall take all       6,360        

proper measures for the apprehension of an escaped resident.  The  6,361        

expense of the return of an escaped resident shall be borne by     6,362        

the institution where the resident is institutionalized.           6,363        

      The managing officer of the institution shall provide        6,365        

sufficient and proper clothing for traveling if neither the        6,366        

resident nor the persons requesting his THE RESIDENT'S trial       6,367        

visit or discharge are financially able to provide such THAT       6,368        

clothing.                                                          6,369        

      Sec. 5123.85.  (A)  All residents institutionalized          6,378        

pursuant to Chapter 5123. of the Revised Code THIS CHAPTER shall   6,379        

receive, within twenty THIRTY days of their admission, a           6,381        

comprehensive evaluation, A diagnosis, A prognosis, and a          6,382        

description of habilitation goals consistent therewith.            6,383        

      (B)  All such residents shall have a written habilitation    6,385        

plan consistent with the comprehensive evaluation, diagnosis,      6,386        

                                                          146    


                                                                 
prognosis, and goals which shall be provided, upon request of      6,387        

resident or resident's counsel, to resident's counsel and to any   6,388        

private physician designated by the resident or his THE            6,389        

RESIDENT'S counsel.                                                6,390        

      (C)  All such residents shall receive habilitation and care  6,392        

consistent with the habilitation plan.  The department of mental   6,393        

retardation and developmental disabilities shall set standards     6,394        

for habilitation and care provided to such residents, consistent   6,395        

wherever possible with standards set by the joint commission on    6,396        

accreditation of facilities for the mentally retarded.             6,397        

      (D)  All such residents shall receive periodic               6,399        

comprehensive re-evaluations of the habilitation plan by the       6,400        

professional staff of the institution at intervals not to exceed   6,401        

ninety days.                                                       6,402        

      (E)  All such residents shall be provided with prompt and    6,404        

adequate medical treatment for any physical or mental disease or   6,405        

injury.                                                            6,406        

      Sec. 5123.89.  (A)  All certificates, applications,          6,415        

records, and reports made for the purpose of this chapter, other   6,416        

than court journal entries or court docket entries, which          6,417        

directly or indirectly identify a resident or former resident of   6,418        

an institution for the mentally retarded or person whose           6,419        

institutionalization has been sought under this chapter shall be   6,420        

kept confidential and shall not be disclosed by any person except  6,421        

insofar as IN THE FOLLOWING SITUATIONS:                            6,422        

      (1)  It is the judgment of the court for judicial records,   6,424        

and the managing officer for institution records, that disclosure  6,425        

is in the best interest of the person identified, and such THAT    6,427        

person or his THAT PERSON'S guardian or, if he THAT PERSON is a    6,429        

minor, his THAT PERSON'S parent or guardian consents;.             6,431        

      (2)  Disclosure may be IS provided for in other sections of  6,433        

this chapter of the Revised Code;.                                 6,434        

      (3)  It is the judgment of the managing officer for          6,436        

institution records that disclosure to a mental health facility    6,437        

                                                          147    


                                                                 
is in the best interest of the person identified.                  6,438        

      (B)  The department of mental retardation and developmental  6,440        

disabilities shall adopt and promulgate rules with respect to the  6,441        

systematic and periodic destruction of residents' records.         6,442        

      (C)(1)  AS USED IN THIS DIVISION, "FAMILY" MEANS A PARENT,   6,444        

BROTHER, SISTER, SPOUSE, SON, DAUGHTER, GRANDPARENT, AUNT, UNCLE,  6,445        

OR COUSIN.                                                                      

      (2)  UPON THE DEATH OF A RESIDENT OR FORMER RESIDENT OF AN   6,447        

INSTITUTION FOR THE MENTALLY RETARDED OR A PERSON WHOSE            6,448        

INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER, THE MANAGING   6,449        

OFFICER OF AN INSTITUTION SHALL PROVIDE ACCESS TO THE              6,450        

CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS MADE FOR THE                   

PURPOSES OF THIS CHAPTER TO THE RESIDENT'S, FORMER RESIDENT'S, OR  6,451        

PERSON'S GUARDIAN IF THE GUARDIAN MAKES A WRITTEN REQUEST.  IF A   6,452        

DECEASED RESIDENT, FORMER RESIDENT, OR PERSON WHOSE                6,453        

INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER DID NOT HAVE A               

GUARDIAN AT THE TIME OF DEATH, THE MANAGING OFFICER SHALL PROVIDE  6,454        

ACCESS TO THE CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS     6,455        

MADE FOR PURPOSES OF THIS CHAPTER TO A MEMBER OF THE PERSON'S      6,456        

FAMILY, UPON THAT FAMILY MEMBER'S WRITTEN REQUEST.                 6,457        

      (D)  No person shall reveal the contents of a record of a    6,459        

resident except as authorized by this chapter.                     6,460        

      Sec. 5123.93.  Mentally retarded minors MINORS WITH MENTAL   6,469        

RETARDATION shall remain under the guardianship of their parents   6,471        

or of a guardian appointed pursuant to Chapter 2111. of the        6,472        

Revised Code, notwithstanding institutionalization pursuant to     6,473        

any section of this chapter, unless parental rights have been      6,474        

terminated pursuant to a court finding that the child is           6,475        

neglected, abused, or dependent pursuant to Chapter 2151. of the   6,476        

Revised Code.  If a mentally retarded minor WITH MENTAL            6,477        

RETARDATION has been found to be dependent, abused, or neglected,  6,479        

the public children services agency to whom permanent custody has  6,480        

been assigned pursuant to Chapter 2151. of the Revised Code shall  6,481        

have the same authority and responsibility it would have if the    6,483        

                                                          148    


                                                                 
child were not mentally retarded and were not institutionalized.   6,484        

In no case shall the guardianship of a mentally retarded person    6,485        

WITH MENTAL RETARDATION be assigned to the managing officer or     6,486        

any other employee of an institution in which the person is        6,487        

institutionalized, OR BE ASSIGNED, UNLESS THERE IS A RELATIONSHIP  6,488        

BY BLOOD OR MARRIAGE OR UNLESS THE SERVICE IS A PROTECTIVE         6,489        

SERVICE AS DEFINED IN SECTION 5123.55 OF THE REVISED CODE, TO A    6,490        

PERSON OR AGENCY WHO PROVIDES SERVICES TO THE PERSON WITH MENTAL   6,492        

RETARDATION.                                                                    

      Sec. 5126.02.  (A)(1)  There is hereby created in each       6,501        

county a county board of mental retardation and developmental      6,502        

disabilities consisting of seven members, five of whom shall be    6,503        

appointed by the board of county commissioners of the county, and  6,504        

two of whom shall be appointed by the probate judge of the         6,505        

county.  Each member shall be a resident of the county.  The       6,506        

membership of the board shall, as nearly as possible, reflect the  6,507        

composition of the population of the county.                       6,508        

      All persons appointed to the board MEMBERS shall be persons  6,510        

interested and knowledgeable in the field of mental retardation    6,512        

and other allied fields.  ALL BOARD MEMBERS SHALL BE CITIZENS OF   6,513        

THE UNITED STATES.  Of the members appointed by the board of       6,514        

county commissioners, at least two shall be relatives by blood or  6,515        

marriage of persons eligible for and currently receiving services  6,517        

provided by the county board of mental retardation and             6,518        

developmental disabilities, and, whenever possible, one shall be   6,519        

a relative of a person eligible for and currently receiving adult  6,520        

services, and the other shall be a relative of a person eligible   6,521        

for and currently receiving services for pre-school or school-age  6,522        

children.  Of the two members appointed by the probate judge, at   6,523        

least one shall be a relative by blood or marriage of a person     6,524        

eligible for or currently receiving services in a public or        6,525        

private residential facility subject to regulation or licensure    6,526        

by the director of mental retardation and developmental            6,527        

disabilities under sections 5123.19 and 5123.20 of the Revised     6,528        

                                                          149    


                                                                 
Code.                                                                           

      BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE PROBATE       6,530        

JUDGE SHALL APPOINT UNDER THIS SECTION, TO THE MAXIMUM EXTENT      6,531        

POSSIBLE, MEMBERS WHO FULFILL ANY APPLICABLE REQUIREMENTS OF THIS  6,532        

SECTION FOR APPOINTMENT AND WHO ALSO HAVE PROFESSIONAL TRAINING    6,533        

AND EXPERIENCE IN BUSINESS MANAGEMENT, FINANCE, LAW, HEALTH CARE   6,534        

PRACTICE, PERSONNEL ADMINISTRATION, OR GOVERNMENT SERVICE.                      

      (2)  All appointments shall be for terms of four years.      6,537        

The membership of a person appointed as a relative of a recipient  6,538        

of services shall not be terminated because the services are no    6,539        

longer received.                                                                

      Members may be reappointed, except as provided in division   6,541        

(A)(3) of this section and section 5126.022 of the Revised Code.   6,542        

Prior to making a reappointment, the appointing authority shall    6,543        

ascertain, through written communication with the board, that the  6,544        

member being considered for reappointment meets the requirements   6,545        

of this section and section 5126.022 of the Revised Code.          6,546        

      (3)  A member who has served during each of two consecutive  6,549        

terms shall not be reappointed for a subsequent term until one     6,550        

year after ceasing to be a member of the board, except that a      6,551        

member who has served for six years or less within two             6,552        

consecutive terms may be reappointed for a subsequent term before  6,553        

becoming ineligible for reappointment for one year.                             

      (4)  Within sixty days after a vacancy occurs, it shall be   6,556        

filled by the appointing authority for the unexpired term.  Any    6,557        

member appointed to fill a vacancy occurring prior to the          6,558        

expiration of the term for which the member's predecessor was                   

appointed shall hold office for the remainder of that term.        6,559        

Appointment other than appointment to fill a vacancy shall be      6,560        

made no later than the last day of November of each year, and the  6,561        

term of office shall commence on the date of the stated annual     6,562        

organizational meeting.                                            6,563        

      (5)  Board members shall serve without compensation, but     6,566        

shall be reimbursed for necessary expenses incurred in the         6,567        

                                                          150    


                                                                 
conduct of board business, including those incurred within the     6,568        

county of residence.                                                            

      (B)  Each year each board member shall attend at least one   6,570        

in-service training session provided by or approved by the         6,571        

department of mental retardation and developmental disabilities.   6,572        

Such THESE training sessions shall not be considered regularly     6,573        

scheduled meetings of the board.                                   6,574        

      (C)  A county board of mental retardation and developmental  6,576        

disabilities shall be operated as a separate administrative and    6,577        

service entity.  The board's functions shall not be combined with  6,578        

the functions of any other entity of county government.            6,579        

      Sec. 5126.023.  (A)  Each county board of mental             6,589        

retardation and developmental disabilities shall either employ a                

superintendent or obtain the services of the superintendent of     6,590        

another county board of mental retardation and developmental       6,591        

disabilities.  The board shall provide for a superintendent who    6,592        

is qualified, as specified in rules adopted by the department of   6,593        

mental retardation and developmental disabilities in accordance    6,594        

with Chapter 119. of the Revised Code.  The superintendent shall   6,596        

have no voting privileges on the board.                                         

      The board shall prescribe the duties of its superintendent   6,598        

and review the superintendent's performance.  The superintendent   6,599        

may be removed, suspended, or demoted for cause pursuant to        6,600        

section 5126.23 of the Revised Code.  The board shall fix the      6,601        

superintendent's compensation and reimburse the superintendent     6,602        

for actual and necessary expenses.                                 6,603        

      Each county board that employs its own superintendent shall  6,605        

employ the superintendent under a contract.  To enter into a       6,606        

contract, the board shall adopt a resolution agreeing to the       6,607        

contract.  Each contract for employment or re-employment of a      6,608        

superintendent shall be for a term of not less than one and not    6,609        

more than five years.  At the expiration of a superintendent's                  

current term of employment, the superintendent shall be            6,610        

re-employed for a term of one year at the same salary, plus any    6,611        

                                                          151    


                                                                 
increments that may be authorized by the board, unless the board   6,612        

gives the superintendent written notification of its intention     6,613        

not to re-employ the superintendent.  With regard to an initial                 

contract, if the contract is for one year, the notice shall be     6,614        

provided not less than sixty days prior to the contract's          6,615        

expiration; if the contract is for more than one year, the notice  6,616        

shall be provided not less than ninety days prior to the           6,617        

contract's expiration.  With regard to contracts for                            

re-employment, the notice shall be given not less than ninety      6,618        

days prior to the contract's expiration, regardless of its         6,619        

duration.                                                                       

      (B)  Two or more county boards may enter into an             6,621        

arrangement under which the superintendent of one county board     6,622        

acts as the superintendent of another county board.  To enter      6,623        

into such an arrangement, each board shall adopt a resolution      6,624        

agreeing to the arrangement.  The resolutions shall specify the                 

duration of the arrangement and the contribution each board is to  6,625        

make to the superintendent's compensation and reimbursement for    6,626        

expenses.                                                                       

      (C)  IF A VACANCY OCCURS IN THE POSITION OF SUPERINTENDENT,  6,628        

A COUNTY BOARD MAY APPOINT A PERSON WHO HOLDS A VALID              6,629        

SUPERINTENDENT'S CERTIFICATE ISSUED UNDER THE RULES OF THE         6,630        

DEPARTMENT TO WORK UNDER A CONTRACT FOR AN INTERIM PERIOD NOT TO   6,631        

EXCEED ONE HUNDRED TWENTY DAYS UNTIL A PERMANENT SUPERINTENDENT    6,632        

CAN BE EMPLOYED OR ARRANGED FOR UNDER DIVISION (A) OR (B) OF THIS  6,633        

SECTION.  THE DIRECTOR OF THE DEPARTMENT MAY APPROVE ADDITIONAL    6,634        

PERIODS OF TIME FOR THESE TYPES OF INTERIM APPOINTMENTS WHEN SO                 

REQUESTED BY A RESOLUTION ADOPTED BY A COUNTY BOARD, IF THE        6,635        

DIRECTOR DETERMINES THAT THE ADDITIONAL PERIODS ARE WARRANTED AND  6,636        

THE SERVICES OF A PERMANENT SUPERINTENDENT ARE NOT AVAILABLE.      6,637        

      Sec. 5126.042.  (A)  As used in this section:                6,646        

      (1)  "Emergency" means any situation that creates for an     6,648        

individual with mental retardation or developmental disabilities   6,649        

a risk of substantial self-harm or substantial harm to others if   6,650        

                                                          152    


                                                                 
action is  not taken within thirty days.  An "emergency" may       6,651        

include one or more of the following situations:                   6,652        

      (a)  Loss of present residence for any reason, including     6,654        

legal action;                                                      6,655        

      (b)  Loss of present caretaker for any reason, including     6,657        

serious illness of the caretaker, change in the caretaker's        6,658        

status, or inability of the caretaker to perform effectively for   6,659        

the individual;                                                                 

      (c)  Abuse, neglect, or exploitation of the individual;      6,661        

      (d)  Health and safety conditions that pose a serious risk   6,663        

to the individual or others of immediate harm or death;            6,664        

      (e)  Change in the emotional or physical condition of the    6,666        

individual that necessitates substantial accommodation that        6,667        

cannot be reasonably provided by the individual's existing         6,668        

caretaker.                                                                      

      (2)  "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01   6,670        

OF THE REVISED CODE.                                                            

      (3)  "Priority" means any situation that would constitute    6,672        

an emergency except that action to resolve the situation may be    6,674        

taken in more than thirty but less than ninety days without        6,675        

creating a risk of substantial harm to self or others.             6,676        

      (B)  If a county board of mental retardation and             6,679        

developmental disabilities determines that available resources     6,680        

are not sufficient to meet the needs of all individuals who        6,681        

request programs and services and may be offered the programs and  6,682        

services, it shall establish waiting lists for services.  The      6,683        

board may establish priorities for making placements on its                     

waiting lists according to an individual's emergency or priority   6,684        

status.                                                                         

      The individuals who may be placed on a waiting list include  6,686        

individuals with a need for services on an emergency or priority   6,687        

basis and individuals who have requested services for which        6,688        

resources are not available.                                                    

      An individual who currently receives a service but would     6,690        

                                                          153    


                                                                 
like to change to another service shall not be placed on a         6,691        

waiting list but shall be placed on a service substitution list.   6,692        

The board shall work with the individual, service providers, and   6,693        

all appropriate entities to facilitate the change in service as    6,694        

expeditiously as possible.  The board may establish priorities                  

for making placements on its service substitution lists according  6,695        

to an individual's emergency or priority status.                   6,696        

      In addition to maintaining waiting lists and service         6,698        

substitution lists, a board shall maintain a long-term service     6,699        

planning registry for individuals who wish to record their         6,700        

intention to request in the future a service they are not          6,701        

currently receiving.  The purpose of the registry is to enable     6,702        

the board to document requests and to plan appropriately.  The     6,703        

board may not place an individual on the registry who meets the    6,704        

conditions for receipt of services on an emergency or priority     6,705        

basis.                                                                          

      (C)  A county board shall establish a separate waiting list  6,707        

for each of the following categories of services, and may          6,708        

establish separate waiting lists within the waiting lists:         6,709        

      (1)  Early childhood services;                               6,711        

      (2)  Educational programs for preschool and school age       6,713        

children;                                                                       

      (3)  Adult services;                                         6,715        

      (4)  Case management services;                               6,717        

      (5)  Residential services and supported living;              6,719        

      (6)  Transportation services;                                6,721        

      (7)  Other services determined necessary and appropriate     6,723        

for mentally retarded or developmentally disabled persons WITH     6,724        

MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES according to      6,725        

their individual habilitation or service plans;                    6,726        

      (8)  Family support services provided under section 5126.11  6,728        

of the Revised Code.                                               6,729        

      (D)  Prior to establishing any waiting list under this       6,732        

section, a county board shall develop and implement a policy for   6,733        

                                                          154    


                                                                 
waiting lists that complies with rules that the department of      6,734        

mental retardation and developmental disabilities shall adopt in   6,735        

accordance with Chapter 119. of the Revised Code.  The             6,736        

department's rules shall include procedures to be followed to      6,737        

ensure that the due process rights of individuals placed on        6,738        

waiting lists are not violated.                                    6,739        

      Prior to placing an individual on a waiting list, the        6,741        

county board shall assess the service needs of the individual in   6,742        

accordance with all applicable state and federal laws.  The        6,743        

county board shall place the individual on the appropriate         6,744        

waiting list and may place the individual on more than one         6,745        

waiting list.                                                                   

      At least annually, the county board shall reassess the       6,747        

service needs of each individual on a waiting list.  If it         6,748        

determines that an individual no longer needs a program or         6,749        

service, the county board shall remove the individual from the     6,751        

waiting list.  If it determines that an individual needs a                      

program or service other than the one for which the individual is  6,752        

on the waiting list, the county board shall provide the program    6,753        

or service to the individual or place the individual on a waiting  6,754        

list for the program or service in accordance with the board's     6,755        

policy for waiting lists.                                                       

      When a program or service for which there is a waiting list  6,757        

becomes available, the county board shall reassess the service     6,758        

needs of the individual next scheduled on the waiting list to      6,759        

receive that program or service.  If the reassessment              6,760        

demonstrates that the individual continues to need the program or  6,761        

service, the board shall offer the program or service to the       6,762        

individual.  If it determines that an individual no longer needs   6,763        

a program or service, the county board shall remove the            6,764        

individual from the waiting list.  If it determines that an        6,765        

individual needs a program or service other than the one for       6,766        

which the individual is on the waiting list, the county board      6,767        

shall provide the program or service to the individual or place    6,768        

                                                          155    


                                                                 
the individual on a waiting list for the program or service in     6,769        

accordance with the board's policy for waiting lists.                           

      (E)   A child subject to a determination made pursuant to    6,771        

section 121.38 of the Revised Code who requires the home and       6,772        

community-based services provided through the medical assistance   6,773        

waiver programs operated under sections 5111.87 and 5111.88 of     6,774        

the Revised Code shall receive services through the waiver         6,775        

programs adopted under Chapters 5111., 5123., and 5126. of the     6,776        

Revised Code.  For all other services, a child subject to a        6,777        

determination made pursuant to section 121.38 of the Revised Code               

shall be treated as an emergency by the county boards and shall    6,778        

not be subject to a waiting list.                                  6,779        

      (F)  Not later than the fifteenth day of March of each       6,782        

even-numbered year, each county board shall prepare and submit to  6,783        

the director of mental retardation and developmental disabilities  6,784        

its recommendations for the funding of services for individuals    6,785        

with mental retardation and developmental disabilities and its     6,786        

proposals for reducing the waiting lists for services.                          

      (G)  THE FOLLOWING SHALL TAKE PRECEDENCE OVER THE            6,788        

APPLICABLE PROVISIONS OF THIS SECTION:                             6,789        

      (1)  MEDICAID RULES AND REGULATIONS;                         6,791        

      (2)  ANY SPECIFIC REQUIREMENTS THAT MAY BE CONTAINED WITHIN  6,793        

A MEDICAID STATE PLAN AMENDMENT OR WAIVER PROGRAM THAT A COUNTY    6,794        

BOARD HAS AUTHORITY TO ADMINISTER OR WITH RESPECT TO WHICH IT HAS  6,795        

AUTHORITY TO PROVIDE SERVICES, PROGRAMS, OR SUPPORTS.              6,796        

      Sec. 5126.044.  (A)  As used in this section,:               6,805        

      (1)  "eligible ELIGIBLE person" has the same meaning as in   6,808        

section 5126.03 of the Revised Code.                                            

      (2)  "FAMILY" MEANS A PARENT, BROTHER, SISTER, SPOUSE, SON,  6,810        

DAUGHTER, GRANDPARENT, AUNT, UNCLE, OR COUSIN.                     6,811        

      (B)  Except as provided in division (D) of this section, no  6,813        

person shall disclose the identity of an individual who requests   6,814        

programs or services under this chapter or release a record or     6,815        

report regarding an eligible person that is maintained by a        6,816        

                                                          156    


                                                                 
county board of mental retardation and developmental disabilities  6,817        

or an entity under contract with a county board unless one of the  6,818        

following circumstances exists:                                    6,819        

      (1)  The individual, eligible person, or the individual's    6,821        

guardian, or, if the individual is a minor, the individual's       6,823        

parent or guardian, makes a written request to the county board    6,824        

or entity for or approves in writing disclosure of the             6,825        

individual's identity or release of the record or report           6,826        

regarding the eligible person.                                                  

      (2)  Disclosure of the identity of an individual is needed   6,828        

for approval of a direct services contract under section 5126.032  6,829        

or 5126.033 of the Revised Code.  The county board shall release   6,830        

only the individual's name and the general nature of the services  6,831        

to be provided.                                                    6,832        

      (3)  Disclosure of the identity of the individual is needed  6,834        

to ascertain that the county board's waiting lists for programs    6,835        

or services are being maintained in accordance with section        6,836        

5126.042 of the Revised Code and the rules adopted under that      6,837        

section.  The county board shall release only the individual's     6,838        

name, the general nature of the programs or services to be         6,839        

provided the individual, the individual's rank on each waiting     6,841        

list that includes the individual, and any circumstances under     6,842        

which the individual was given priority when placed on a waiting   6,843        

list.                                                                           

      (C)  A board or entity that discloses an individual's        6,845        

identity or releases a record or report regarding an eligible      6,846        

person shall maintain a record of when and to whom the disclosure  6,847        

or release was made.                                               6,848        

      (D)(1)  At the request of an eligible person or the          6,850        

person's guardian or, if the eligible person is a minor, the       6,852        

person's parent or guardian, a county board or entity under        6,853        

contract with a county board shall provide the person who made     6,854        

the request access to records and reports regarding the eligible   6,855        

person.  On written request, the county board or entity shall      6,856        

                                                          157    


                                                                 
provide copies of the records and reports to the eligible person,  6,857        

guardian, or parent.  The county board or entity may charge a      6,858        

reasonable fee to cover the costs of copying.  The county board    6,859        

or entity may waive the fee in cases of hardship.                               

      (2)  A county board shall provide access to any waiting      6,861        

list or record or report regarding an eligible person maintained   6,862        

by the board to any state agency responsible for monitoring and    6,863        

reviewing programs and services provided or arranged by the        6,864        

county board, any state agency involved in the coordination of     6,865        

services for an eligible person, and any agency under contract     6,866        

with the department of mental retardation and developmental        6,867        

disabilities for the provision of protective service pursuant to   6,868        

section 5123.56 of the Revised Code.                               6,869        

      (E)  A county board shall notify an eligible person, the     6,871        

person's guardian, or, if the eligible person is a minor, the      6,873        

person's parent or guardian, prior to destroying any record or     6,874        

report regarding the eligible person.                              6,875        

      (F)  UPON THE DEATH OF AN ELIGIBLE PERSON OR A PERSON WHO    6,877        

REQUESTS PROGRAMS OR SERVICES UNDER THIS CHAPTER, THE COUNTY       6,878        

BOARD OR ENTITY UNDER CONTRACT WITH THE COUNTY BOARD SHALL         6,879        

PROVIDE ACCESS TO THE RECORDS OR REPORTS REGARDING THE ELIGIBLE    6,880        

PERSON OR PERSON TO THE ELIGIBLE PERSON'S OR PERSON'S GUARDIAN IF  6,881        

THE GUARDIAN MAKES A WRITTEN REQUEST.  IF A DECEASED ELIGIBLE                   

PERSON OR PERSON DID NOT HAVE A GUARDIAN AT THE TIME OF DEATH,     6,882        

THE COUNTY BOARD OR ENTITY SHALL PROVIDE THAT ACCESS TO A MEMBER   6,883        

OF THE ELIGIBLE PERSON'S OR PERSON'S FAMILY UPON THAT FAMILY       6,884        

MEMBER'S WRITTEN REQUEST.                                                       

      Sec. 5126.081.  (A)  In addition to the rules adopted under  6,894        

division (A)(2) of section 5126.08 of the Revised Code             6,896        

establishing standards for the administration, provision,          6,897        

arrangement, and operation of programs and services by county      6,898        

boards of mental retardation and developmental disabilities, the   6,899        

department of mental retardation and developmental disabilities    6,900        

shall establish a system of accreditation for county boards of     6,901        

                                                          158    


                                                                 
mental retardation and developmental disabilities to ensure that   6,902        

the boards are in compliance with federal and state statutes and   6,903        

rules.  The department shall establish uniform standards for the   6,904        

accreditation system in ADOPT rules that shall be adopted in       6,905        

accordance with Chapter 119. of the Revised Code GOVERNING THE     6,907        

SYSTEM OF ACCREDITATION.  The rules shall include appropriate      6,909        

timelines for compliance when a board is found to be not in        6,910        

compliance and appropriate actions to be taken by boards in        6,911        

complying with the accreditation standards REQUIREMENTS.                        

      (B)  Prior to accrediting a board, the department shall      6,914        

conduct a comprehensive, on-site review of the board.  During the  6,915        

review, the department shall document the board's compliance with  6,916        

the department's accreditation standards REQUIREMENTS.  After      6,917        

completing the review, the department shall conduct an exit        6,919        

conference with the president of the board, the superintendent of  6,920        

the board, and any other officials the board asks to have          6,921        

present.  The department shall discuss its findings from the       6,922        

review with the board's representatives and provide a written      6,923        

report of its findings not later than thirty days following the    6,924        

exit conference.  If the department finds that the board is in     6,925        

compliance with the standards REQUIREMENTS for accreditation, the  6,926        

department shall issue evidence of accreditation to the board.     6,928        

      Accreditation may be granted for periods of up to five       6,930        

years and may be renewed.  Not less than once prior to the date a  6,932        

board's accreditation is scheduled to expire, the department                    

shall conduct a comprehensive, on-site review of the board.        6,934        

      Each board shall conduct an annual audit of itself to        6,936        

evaluate its compliance with the standards REQUIREMENTS for        6,937        

accreditation.  The department may conduct an interim review of    6,938        

any new program or service initiated by a board after its last     6,940        

comprehensive review.  The department may conduct other reviews    6,941        

and investigations as necessary to enforce this section.           6,942        

      (C)  If the department determines through its review of a    6,945        

board that the board is not in compliance with the standards       6,946        

                                                          159    


                                                                 
REQUIREMENTS for accreditation, the department shall, except as    6,947        

provided in division (F) of this section, grant the board an       6,949        

opportunity to correct the matters in which it is not in           6,950        

compliance.  The department shall grant the board an appropriate   6,951        

length of time to comply with the standards REQUIREMENTS prior to  6,952        

taking any action to deny accreditation to the board.  To avoid    6,953        

denial of accreditation, the board superintendent shall prepare a  6,955        

plan of correction to remediate the matters specified in the                    

department's written report as not being in compliance with the    6,956        

standards REQUIREMENTS for accreditation.  The superintendent      6,957        

shall submit the plan to the board for review, and the board       6,958        

shall review the plan.  If the board believes that the plan is     6,960        

sufficient to correct the matters, the board shall approve the     6,961        

plan by resolution and submit the plan to the department for its   6,962        

review.  The department shall review the plan of correction.  If   6,963        

the department approves the plan, the board shall commence action  6,964        

to implement the plan.  The department shall, as necessary,        6,965        

conduct follow-up reviews of the board to determine whether it     6,966        

has met the standards REQUIREMENTS for accreditation.  If the      6,967        

plan of correction submitted by a board is disapproved, the        6,968        

department shall inform the board of the reasons for disapproval   6,969        

and may grant the board an opportunity to submit a revised plan    6,970        

of correction.                                                                  

      A board may request technical assistance from the            6,972        

department, other boards, or professional organizations in         6,973        

preparing plans of correction and in implementing plans of         6,974        

correction.                                                        6,975        

      (D)  If, after being given the opportunity to implement a    6,978        

plan of correction, a board continues to fail to meet the          6,979        

standards REQUIREMENTS for accreditation, the department shall     6,981        

issue an order denying accreditation to the board.  The            6,982        

department may deny accreditation to the board for all or part of  6,983        

the programs or services offered by the board.                     6,984        

      The department shall simultaneously notify all of the        6,986        

                                                          160    


                                                                 
following officials in the county:  the members of the board of    6,987        

county commissioners, the probate judge, the county auditor, and   6,988        

the president and superintendent of the county board of mental     6,989        

retardation and developmental disabilities.  The notice shall      6,990        

identify the programs and services that have been denied           6,991        

accreditation, the matters in REQUIREMENTS FOR ACCREDITATION WITH  6,993        

which the board is not in compliance with the standards for        6,995        

accreditation, and the responsibilities of the county officials    6,996        

to contract under division (E)(1) of this section to have the      6,998        

BOARD'S programs and services administered by another party or     6,999        

become subject to administrative receivership under division                    

(E)(2) of this section.                                            7,000        

      A board that has been denied accreditation is not eligible   7,002        

to receive, for the programs and services that are the subject of  7,004        

the denied accreditation, any state or federal funds in an amount  7,005        

that exceeds the amount the board received for the programs and    7,006        

services immediately prior to the date on which the department     7,007        

determined that the board does not meet the standards for          7,008        

accreditation.                                                                  

      (E)(1)  When a board is denied accreditation, the            7,011        

department shall first give the board the option of contracting    7,012        

to have the BOARD'S programs and services that were denied         7,013        

accreditation administered by an accredited county board of        7,014        

mental retardation and developmental disabilities or another       7,015        

qualified entity subject to the approval of the department.  The   7,016        

board may contract with more than one board that has been          7,017        

accredited.  When a board enters into a contract, the board        7,018        

shall, by resolution, give the contractor full administrative      7,019        

authority over the programs and services that were denied          7,020        

accreditation THE CONTRACTOR WILL ADMINISTER.                                   

      (2)  If a board fails to exercise its option of entering     7,023        

into a contract under division (E)(1) of this section sooner than  7,025        

thirty days after the department denies accreditation, the                      

department shall appoint an administrative receiver of the         7,026        

                                                          161    


                                                                 
BOARD'S programs and services that were denied accreditation.      7,027        

The department may appoint employees of the department,            7,029        

management personnel from county boards of mental retardation and  7,030        

developmental disabilities, or individuals from other entities as  7,032        

necessary to meet its needs for appointing an administrative                    

receiver, except that individuals from other entities may be       7,033        

appointed only when qualified department employees or board        7,034        

management personnel are unavailable.  The department may not      7,035        

appoint an individual who is employed by or affiliated with an     7,036        

entity that is under contract with the board.  The administrative  7,038        

receiver shall assume full administrative responsibility for the   7,039        

BOARD'S programs and services that were denied accreditation.      7,040        

      (3)  The board or entity that contracts with a board under   7,043        

division (E)(1) of this section, or the administrative receiver    7,044        

appointed under division (E)(2) of this section, shall develop     7,046        

and implement a plan of correction to remediate the matters that   7,047        

caused the department to deny accreditation.  The contractor or    7,048        

administrative receiver shall submit the plan to the department,   7,049        

and the department shall review the plan.  If the plan is          7,050        

approved by the department, the contractor or administrative       7,051        

receiver shall commence action to implement the plan.  The         7,052        

contractor or administrative receiver shall report to the          7,053        

department any findings it can make pertaining to issues or                     

circumstances that are beyond the control of the board and result  7,055        

in the unlikelihood that compliance with the standards                          

REQUIREMENTS for accreditation can be achieved unless the issues   7,056        

or circumstances are remediated.                                   7,057        

      (4)  For purposes of divisions (E)(1) and (2) of this        7,060        

section, the department shall require the board that has been      7,061        

denied accreditation to transfer control of state and federal      7,062        

funds it is eligible to receive for the BOARD'S programs and       7,063        

services that have been denied accreditation in an amount          7,064        

necessary for the contractor or administrative receiver to         7,065        

fulfill its duties in administering the programs and services for  7,066        

                                                          162    


                                                                 
the board.  The transfer of control of funds does not cause any    7,067        

programs and services of the board that are accredited to lose     7,068        

their accreditation.  If the board refuses to transfer control of  7,069        

funds, the department may withhold state and federal funds from    7,070        

the board in an amount necessary for the contractor or             7,071        

administrative receiver to fulfill its duties.  The amount         7,072        

transferred or withheld from a board shall include reimbursements  7,074        

for the personnel of the contractor or administrative receiver,    7,075        

including amounts for time worked, travel, and related expenses.   7,076        

      A contractor or administrative receiver that has assumed     7,079        

the administration of a board's programs and services has the      7,080        

right to authorize the payment of bills in the same manner that a  7,081        

board may authorize payment of bills under this chapter and        7,082        

section 319.16 of the Revised Code.                                             

      (F)  When the department's review of a board reveals         7,085        

serious health and safety issues within the programs and services  7,086        

offered by the board, the department shall order the board to      7,087        

correct the violations immediately or appoint an administrative    7,088        

receiver.                                                                       

      (G)  At any time a board can demonstrate that it is capable  7,091        

of assuming its duties in compliance with the department's         7,092        

standards REQUIREMENTS for accreditation, the department shall     7,094        

reverse its order denying accreditation and issue evidence of      7,095        

accreditation to the board.                                                     

      A board may appeal the department's denial of accreditation  7,097        

or refusal to reverse a denial of accreditation only by filing a   7,098        

complaint under section 5123.043 of the Revised Code.  If in its   7,100        

appeal the board can demonstrate that it is capable of assuming    7,101        

its duties in compliance with the department's standards           7,102        

REQUIREMENTS for accreditation, the department shall reverse its   7,104        

order denying accreditation and shall issue evidence of            7,105        

accreditation to the board.                                                     

      (H)  All notices issued to a board by the department under   7,108        

this section shall be delivered to the board's president and       7,109        

                                                          163    


                                                                 
superintendent.                                                                 

      (I)  A board's president may designate another member of     7,112        

the board as the individual to be responsible for fulfilling all   7,113        

or part of the president's responsibilities established under      7,114        

this section.                                                      7,115        

      Sec. 5126.082.  (A)  In addition to the rules adopted under  7,125        

division (A)(2) of section 5126.08 of the Revised Code             7,127        

establishing standards to be followed by county boards of mental   7,128        

retardation and developmental disabilities in administering,       7,129        

providing, arranging, and operating programs and services and in   7,130        

addition to the board accreditation system established under       7,131        

section 5126.081 of the Revised Code, the director of mental       7,133        

retardation and developmental disabilities shall adopt rules in    7,134        

accordance with Chapter 119. of the Revised Code establishing      7,136        

standards for promoting and advancing the quality of life of       7,137        

individuals with mental retardation and developmental              7,138        

disabilities receiving any of the following:                       7,139        

      (1)  Early childhood services pursuant to section 5126.05    7,141        

of the Revised Code for children under age three;                  7,144        

      (2)  Adult services pursuant to section 5126.05 and          7,146        

division (B) of section 5126.051 of the Revised Code for           7,149        

individuals age sixteen or older;                                  7,150        

      (3)  Family support services pursuant to section 5126.11 of  7,153        

the Revised Code.                                                  7,154        

      (B)  The rules adopted under this section shall specify the  7,157        

actions county boards of mental retardation and developmental      7,158        

disabilities and the agencies with which they contract should      7,159        

take to do the following:                                          7,160        

      (1)  Offer individuals with mental retardation and           7,162        

developmental disabilities, and their families when appropriate,   7,163        

choices in programs and services that are centered on the needs    7,164        

and desires of those individuals;                                  7,165        

      (2)  Maintain infants with their families whenever possible  7,168        

by collaborating with other agencies that provide services to      7,169        

                                                          164    


                                                                 
infants and their families and taking other appropriate actions;   7,170        

      (3)  Provide families that have children with mental         7,172        

retardation and developmental disabilities under age eighteen      7,173        

residing in their homes the resources necessary to allow the       7,174        

children to remain in their homes;                                 7,175        

      (4)  Create and implement community employment services      7,177        

based on the needs and desires of adults with mental retardation   7,178        

and developmental disabilities;                                    7,179        

      (5)  Create, in collaboration with other agencies,           7,181        

transportation systems that provide safe and accessible            7,182        

transportation within the county to individuals with               7,183        

disabilities;                                                      7,184        

      (6)  Provide services that allow individuals with            7,186        

disabilities to be integrated into the community by engaging in    7,187        

educational, vocational, and recreational activities with          7,188        

individuals who are DO not handicapped HAVE DISABILITIES;          7,190        

      (7)  Provide age-appropriate retirement services for         7,192        

individuals age sixty-five and older with mental retardation and   7,193        

developmental disabilities;                                        7,194        

      (8)  Establish residential services and supported living     7,197        

for individuals with mental retardation and developmental                       

disabilities in accordance with their needs.                       7,198        

      (C)  To assist in funding programs and services that meet    7,201        

the standards established under this section, each county board    7,202        

of mental retardation and developmental disabilities shall make a  7,203        

good faith effort to acquire available federal funds, including    7,204        

reimbursements under Title XIX of the "Social Security Act," 49    7,206        

79 Stat. 620 (1935) 286 (1965), 42 U.S.C.A. 301 1396, as amended.  7,207        

      (D)  Each county board of mental retardation and             7,210        

developmental disabilities shall work toward full compliance with  7,211        

the standards established under this section, based on its         7,212        

available resources.  Funds received under this chapter shall be   7,213        

used to comply with the standards.  Annually, each board shall     7,214        

submit a report to the department of mental retardation and        7,215        

                                                          165    


                                                                 
developmental disabilities regarding CONDUCT A SELF AUDIT TO       7,216        

EVALUATE the board's progress in complying fully with the          7,217        

standards.                                                                      

      (E)  The department shall complete a program quality review  7,221        

of each county board of mental retardation and developmental       7,222        

disabilities to determine the extent to which the board has        7,223        

complied with the standards.  The review shall be conducted in     7,224        

conjunction with the comprehensive accreditation review of the     7,225        

board that is conducted under section 5126.081 of the Revised      7,227        

Code.                                                                           

      Notwithstanding any provision of this chapter or Chapter     7,230        

5123. of the Revised Code requiring the department to distribute   7,232        

funds to county boards of mental retardation and developmental     7,233        

disabilities, the department may withhold funds from a board if    7,234        

it finds that the board is not in substantial compliance with the  7,235        

standards established under this section.                          7,236        

      (F)  When the standards for accreditation from the           7,239        

commission on accreditation of rehabilitation facilities, or       7,240        

another accrediting agency, meet or exceed the standards           7,241        

established under this section, the director may accept            7,242        

accreditation from the commission or other agency as evidence      7,243        

that the board is in compliance with all or part of the standards  7,244        

established under this section.  Programs and services accredited  7,245        

by the commission or agency are exempt from the program quality    7,246        

reviews required by division (E) of this section.                  7,247        

      Sec. 5126.12.  (A)  As used in this section:                 7,256        

      (1)  "Approved school age unit" means a class or unit        7,258        

operated by a county board of mental retardation and               7,261        

developmental disabilities and approved by the state board of      7,262        

education under division (D) of section 3317.05 of the Revised     7,263        

Code.                                                                           

      (2)  "Approved preschool unit" means a class or unit         7,265        

operated by a county board of mental retardation and               7,266        

developmental disabilities and approved by the state board of      7,267        

                                                          166    


                                                                 
education under division (B) of section 3317.05 of the Revised     7,268        

Code.                                                                           

      (3)  "Active treatment" means a continuous treatment         7,270        

program, which includes aggressive, consistent implementation of   7,271        

a program of specialized and generic training, treatment, health   7,272        

services, and related services, that is directed toward the        7,273        

acquisition of behaviors necessary for an individual with mental   7,274        

retardation or other developmental disability to function with as  7,276        

much self-determination and independence as possible and toward    7,277        

the prevention of deceleration, regression, or loss of current     7,278        

optimal functional status.                                                      

      (4)  "Eligible for active treatment" means that an           7,280        

individual with mental retardation or other developmental          7,282        

disability resides in an intermediate care facility for the        7,283        

mentally retarded certified under Title XIX of the "Social         7,284        

Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;     7,285        

resides in a state institution operated by the department of       7,286        

mental retardation and developmental disabilities; or is enrolled  7,287        

in a home and community-based services waiver program              7,288        

administered by the department of mental retardation and           7,289        

developmental disabilities as part of the medical assistance       7,290        

program established under section 5111.01 of the Revised Code.     7,291        

      (5)  "Community alternative funding system" means the        7,293        

program under which habilitation services are reimbursed under     7,294        

the medical assistance program pursuant to section 5111.041 of     7,295        

the Revised Code and rules adopted under that section.             7,296        

      (6)  "Community employment program" means community          7,298        

employment services provided outside of a sheltered workshop       7,299        

setting under which the person earns competitive wages for the     7,300        

performance of work.                                               7,301        

      (7)  "Traditional adult services" means vocational and       7,303        

nonvocational activities conducted within a sheltered workshop or  7,304        

adult activity center or supportive home services.                 7,305        

      (B)  Each county board of mental retardation and             7,307        

                                                          167    


                                                                 
developmental disabilities shall certify to the director of        7,308        

mental retardation and developmental disabilities all of the       7,309        

following:                                                                      

      (1)  On or before the fifteenth day of October, the average  7,311        

daily membership for the first full week of programs and services  7,312        

during October receiving:                                          7,313        

      (a)  Early childhood services provided pursuant to section   7,315        

5126.05 of the Revised Code for children who are less than three   7,316        

years of age on the thirtieth day of September of the academic     7,317        

year;                                                              7,318        

      (b)  Special education for handicapped children in approved  7,320        

school age units;                                                  7,321        

      (c)  Adult services for persons sixteen years of age and     7,323        

older operated pursuant to section 5126.05 and division (B) of     7,324        

section 5126.051 of the Revised Code.  Separate counts shall be    7,325        

made for the following:                                            7,326        

      (i)  Persons enrolled in traditional adult services who are  7,328        

eligible for but not enrolled in active treatment under the        7,329        

community alternative funding system;                              7,330        

      (ii)  Persons enrolled in traditional adult services who     7,332        

are eligible for and enrolled in active treatment under the        7,333        

community alternative funding system;                              7,334        

      (iii)  Persons enrolled in traditional adult services but    7,336        

who are not eligible for active treatment under the community      7,337        

alternative funding system;                                        7,338        

      (iv)  Persons participating in community employment          7,340        

services.  To be counted as participating in community employment  7,341        

services, a person must have spent an average of no less than      7,342        

twenty TEN hours per week in such THAT employment during the       7,344        

preceding six months.                                              7,345        

      (d)  Other programs in the county for individuals with       7,347        

mental retardation and developmental disabilities that have been   7,348        

approved for payment of subsidy by the department of mental        7,349        

retardation and developmental disabilities.                        7,350        

                                                          168    


                                                                 
      The membership in each such program and service in the       7,352        

county shall be reported on forms prescribed by the department of  7,353        

mental retardation and developmental disabilities.                 7,354        

      The department of mental retardation and developmental       7,356        

disabilities shall adopt rules defining full-time equivalent       7,357        

enrollees and for determining the average daily membership         7,359        

therefrom, except that certification of average daily membership   7,361        

in approved school age units shall be in accordance with rules     7,364        

adopted by the state board of education.  The average daily                     

membership figure shall be determined by dividing the amount       7,365        

representing the sum of the number of enrollees in each program    7,366        

or service in the week for which the certification is made by the  7,368        

number of days the program or service was offered in that week.    7,371        

No enrollee may be counted in average daily membership for more    7,372        

than one program or service.                                                    

      (2)  By the fifteenth day of December, the number of         7,374        

children enrolled in approved preschool units on the first day of  7,375        

December;                                                                       

      (3)  By ON OR BEFORE the fifteenth THIRTIETH day of          7,378        

February MARCH, an itemized report of ALL INCOME AND OPERATING     7,379        

expenditures for the IMMEDIATELY preceding calendar year which     7,380        

have been approved for reimbursement by the director, IN THE       7,381        

FORMAT SPECIFIED BY THE DEPARTMENT OF MENTAL RETARDATION AND       7,382        

DEVELOPMENTAL DISABILITIES;                                                     

      (4)  By the fifteenth day of February, a report of the       7,384        

total annual cost per enrollee for operation of programs and       7,386        

services in the preceding calendar year.  The report shall         7,387        

include a grand total of all programs operated, the cost of the    7,388        

individual programs, and the sources of funds applied to each                   

program.                                                           7,389        

      (5)  That each required certification and report is in       7,391        

accordance with rules established by the department of mental      7,392        

retardation and developmental disabilities and the state board of  7,393        

education for the operation and subsidization of the programs and  7,394        

                                                          169    


                                                                 
services.                                                          7,395        

      (C)  To compute payments under this section to the board     7,397        

for the fiscal year, the department of mental retardation and      7,398        

developmental disabilities shall use the certification of average  7,401        

daily membership required by division (B)(1) of this section       7,402        

exclusive of the average daily membership in any approved school   7,403        

age unit and the number in any approved preschool unit.                         

      (D)  The department shall pay each county board for each     7,405        

fiscal year an amount equal to nine hundred fifty dollars times    7,407        

the certified number of persons who on the first day of December   7,409        

of the academic year are under three years of age and are not in   7,411        

an approved preschool unit.  For persons who are at least age      7,413        

sixteen and are not in an approved school age unit, the            7,414        

department shall pay each county board for each fiscal year the    7,415        

following amounts:                                                              

      (1)  One thousand dollars times the certified average daily  7,417        

membership of persons enrolled in traditional adult services who   7,418        

are eligible for but not enrolled in active treatment under the    7,419        

community alternative funding system;                              7,420        

      (2)  One thousand two hundred dollars times the certified    7,422        

average daily membership of persons enrolled in traditional adult  7,423        

services who are eligible for and enrolled in active treatment     7,424        

under the community alternative funding system;                    7,425        

      (3)  No less than one thousand five hundred dollars times    7,427        

the certified average daily membership of persons enrolled in      7,428        

traditional adult services but who are not eligible for active     7,429        

treatment under the community alternative funding system;          7,430        

      (4)  No less than one thousand five hundred dollars times    7,432        

the certified average daily membership of persons participating    7,433        

in community employment services.                                  7,434        

      (E)  The department shall distribute this subsidy to county  7,436        

boards in semiannual installments of equal amounts.  The           7,437        

installments shall be made not later than the thirty-first day of  7,439        

August and the thirty-first day of January.                        7,440        

                                                          170    


                                                                 
      (F)  The director of mental retardation and developmental    7,442        

disabilities shall make efforts to obtain increases in the         7,443        

subsidies for early childhood services and adult services so that  7,444        

the amount of the subsidies is equal to at least fifty per cent    7,445        

of the statewide average cost of those services minus any          7,446        

applicable federal reimbursements for those services.  The         7,447        

director shall advise the director of budget and management of     7,448        

the need for any such increases when submitting the biennial       7,449        

appropriations request for the department.                         7,450        

      (G)  In determining the reimbursement of a county board for  7,452        

the provision of case management and family support services and   7,454        

other services required or approved by the director for which      7,455        

children three through twenty-one years of age are eligible, the   7,456        

department shall include the average daily membership in approved  7,457        

school age or preschool units.  The department, in accordance      7,458        

with this section and upon receipt and approval of the             7,459        

certification required by this section and any other information   7,460        

it requires to enable it to determine a board's payments, shall    7,461        

pay the agency providing the specialized training the amounts      7,462        

payable under this section.                                                     

      Sec. 5126.13.  (A)  A county board of mental retardation     7,471        

and developmental disabilities may enter into an agreement with    7,472        

one or more other county boards of mental retardation and          7,473        

developmental disabilities to establish a regional council in      7,474        

accordance with Chapter 167. of the Revised Code.  The agreement   7,475        

shall specify the duties and functions to be performed by the      7,476        

council, which may include any duty or function a county board is  7,477        

required or authorized to perform under this chapter.  If          7,478        

directed to do so by a resolution adopted by a county board that   7,479        

is a member of a regional council, the department of mental        7,480        

retardation and developmental disabilities shall make any          7,481        

distributions of money for that county for the duties or           7,482        

functions performed by the council pursuant to its agreement that  7,483        

are otherwise required to be made to the county board under this   7,484        

                                                          171    


                                                                 
chapter to the fiscal officer of the council designated under      7,485        

section 167.04 of the Revised Code.                                7,486        

      A county board may also enter into an agreement with one or  7,488        

more school districts or other political subdivisions to           7,489        

establish a regional council in accordance with Chapter 167. of    7,490        

the Revised Code.                                                  7,491        

      (B)  ON OR BEFORE THE THIRTIETH DAY OF MARCH, THE FISCAL     7,493        

OFFICER OF A REGIONAL COUNCIL DESCRIBED IN THIS SECTION SHALL      7,494        

REPORT TO THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL   7,495        

DISABILITIES, IN THE FORMAT SPECIFIED BY THE DEPARTMENT, ALL       7,496        

INCOME AND OPERATING EXPENDITURES OF THE COUNCIL FOR THE           7,497        

IMMEDIATELY PRECEDING CALENDAR YEAR.                                            

      Sec. 5126.252.  NOTWITHSTANDING SECTIONS 5123.082, 5126.25,  7,499        

AND 5126.26 OF THE REVISED CODE, THE DEPARTMENT OF MENTAL          7,500        

RETARDATION AND DEVELOPMENTAL DISABILITIES MAY AUTHORIZE COUNTY    7,501        

BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO     7,502        

ESTABLISH AND ADMINISTER IN THEIR COUNTIES PROGRAMS FOR THE        7,503        

CERTIFICATION AND REGISTRATION OF PERSONS FOR EMPLOYMENT BY THE    7,504        

BOARDS AND ENTITIES CONTRACTING WITH THE BOARDS.  A CERTIFICATE                 

OR EVIDENCE OF REGISTRATION ISSUED BY A BOARD PARTICIPATING IN     7,505        

PROGRAMS UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND EFFECT   7,506        

AS A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY THE         7,507        

DEPARTMENT UNDER SECTION 5123.082 OR 5126.25 OF THE REVISED CODE.  7,508        

      Sec. 5126.28.  (A)  As used in this section:                 7,517        

      (1)  "Applicant" means a person who is under final           7,519        

consideration for appointment or employment in a position with a   7,520        

county board of mental retardation and developmental               7,522        

disabilities, INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS                    

BEING TRANSFERRED TO THE COUNTY BOARD AND AN EMPLOYEE WHO IS       7,523        

BEING RECALLED OR REEMPLOYED AFTER A LAYOFF.                       7,524        

      (2)  "Criminal records check" has the same meaning as in     7,526        

section 109.572 of the Revised Code.                               7,527        

      (3)  "Minor drug possession offense" has the same meaning    7,529        

as in section 2925.01 of the Revised Code.                         7,530        

                                                          172    


                                                                 
      (B)  The superintendent of a county board of mental          7,532        

retardation and developmental disabilities shall request the       7,533        

superintendent of the bureau of criminal identification and        7,534        

investigation to conduct a criminal records check with respect to  7,535        

any applicant who has applied to the board for employment in any   7,536        

position, except that a county board superintendent is not         7,537        

required to request a criminal records check for an employee of    7,538        

the board who is being considered for a different position or is   7,539        

returning after a leave of absence or seasonal break in            7,540        

employment, as long as the superintendent has no reason to         7,541        

believe that the employee has committed any of the offenses        7,542        

listed or described in division (E) of this section.               7,543        

      If the applicant does not present proof that the applicant   7,546        

has been a resident of this state for the five-year period         7,547        

immediately prior to the date upon which the criminal records      7,548        

check is requested, the county board superintendent shall request  7,549        

that the superintendent of the bureau obtain FINGERPRINT-BASED                  

information from the federal bureau of investigation as a part of  7,551        

the criminal records check for the applicant.  If the applicant    7,552        

presents proof that the applicant has been a resident of this      7,553        

state for that five-year period, the county board superintendent   7,554        

may request that the superintendent of the bureau include          7,555        

FINGERPRINT-BASED information from the federal bureau of           7,556        

investigation in the criminal records check.  For purposes of      7,558        

this division, an applicant may provide proof of residency in      7,559        

this state by presenting, with a notarized statement asserting     7,560        

that the applicant has been a resident of this state for that      7,561        

five-year period, a valid driver's license, notification of        7,562        

registration as an elector, a copy of an officially filed federal  7,563        

or state tax form identifying the applicant's permanent            7,564        

residence, or any other document the superintendent considers      7,565        

acceptable.                                                                     

      (C)  The county board superintendent shall provide to each   7,567        

applicant a copy of the form prescribed pursuant to division       7,569        

                                                          173    


                                                                 
(C)(2)(1) of section 109.572 of the Revised Code, provide to each  7,570        

applicant a standard impression sheet ANY MATERIAL NEEDED to       7,571        

obtain fingerprint impressions prescribed pursuant to division     7,572        

(C)(2) of section 109.572 of the Revised Code, obtain the          7,573        

completed form and impression sheet MATERIAL from each applicant,  7,574        

and forward OR TRANSMIT the completed form and impression sheet    7,577        

MATERIAL to the superintendent of the bureau of criminal           7,579        

identification and investigation at the time the criminal records  7,580        

check is requested.                                                             

      Any applicant who receives pursuant to this division a copy  7,582        

of the form prescribed pursuant to division (C)(1) of section      7,583        

109.572 of the Revised Code and a copy of an impression sheet      7,584        

prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS   7,585        

pursuant to division (C)(2) of that section and who is requested   7,587        

to complete the form and provide a set of fingerprint impressions  7,588        

shall complete the form or provide all the information necessary   7,589        

to complete the form and shall provide the impression sheet        7,590        

MATERIAL with the impressions of the applicant's fingerprints.     7,591        

If an applicant, upon request, fails to provide the information    7,592        

necessary to complete the form or fails to provide impressions of  7,593        

the applicant's fingerprints, the county board superintendent      7,594        

shall not employ that applicant.                                   7,595        

      (D)  A county board superintendent may request any other     7,597        

state or federal agency to supply the board with a written report  7,599        

regarding the criminal record of each applicant.  With regard to                

an applicant who becomes a board employee, if the employee holds   7,601        

an occupational or professional license or other credentials, the               

superintendent may request that the state or federal agency that   7,602        

regulates the employee's occupation or profession supply the       7,603        

board with a written report of any information pertaining to the   7,604        

employee's criminal record that the agency obtains in the course   7,605        

of conducting an investigation or in the process of renewing the   7,606        

employee's license or other credentials.                                        

      (E)  Except as provided in division (K)(2) of this section   7,608        

                                                          174    


                                                                 
and in rules adopted by the department of mental retardation and   7,609        

developmental disabilities in accordance with division (M) of      7,610        

this section, no county board of mental retardation and            7,611        

developmental disabilities shall employ a person to fill a         7,612        

position with the board who has been convicted of or pleaded       7,613        

guilty to any of the following:                                    7,614        

      (1)  A violation of section 2903.01, 2903.02, 2903.03,       7,616        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     7,617        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     7,619        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     7,620        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  7,621        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     7,622        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    7,623        

2925.06, or 3716.11 of the Revised Code, a violation of section    7,624        

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      7,625        

have been a violation of section 2905.04 of the Revised Code as    7,626        

it existed prior to July 1, 1996, had the violation occurred       7,627        

prior to that date, a violation of section 2925.11 of the Revised  7,628        

Code that is not a minor drug possession offense, or felonious     7,629        

sexual penetration in violation of former section 2907.12 of the   7,630        

Revised Code;                                                                   

      (2)  A felony contained in the Revised Code that is not      7,632        

listed in this division, if the felony bears a direct and          7,633        

substantial relationship to the duties and responsibilities of     7,634        

the position being filled;                                         7,635        

      (3)  ANY OFFENSE CONTAINED IN THE REVISED CODE CONSTITUTING  7,638        

A MISDEMEANOR OF THE FIRST DEGREE ON THE FIRST OFFENSE AND A       7,639        

FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE BEARS A DIRECT AND  7,640        

SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND THE      7,641        

NATURE OF THE SERVICES BEING PROVIDED BY THE COUNTY BOARD;                      

      (4)  A violation of an existing or former MUNICIPAL          7,643        

ORDINANCE OR law of this state, any other state, or the United     7,646        

States, if the offense is substantially equivalent to any of the   7,647        

                                                          175    


                                                                 
offenses LISTED OR described in division (E)(1) or, (2), OR (3)    7,648        

of this section.                                                   7,649        

      (F)  Prior to employing an applicant, the county board       7,651        

superintendent shall require the applicant to submit a statement   7,652        

with the applicant's signature attesting that the applicant has    7,653        

not been convicted of or pleaded guilty to any of the offenses     7,654        

LISTED OR described in division (E) of this section.  The          7,656        

superintendent also shall require the applicant to sign an         7,657        

agreement under which the applicant agrees to notify the           7,658        

superintendent WITHIN FOURTEEN CALENDAR DAYS if, while employed    7,660        

by the board, the person APPLICANT is ever formally charged for    7,662        

WITH, CONVICTED OF, OR PLEADS GUILTY TO any of the offenses        7,663        

listed or described in division (E) of this section.  The          7,664        

agreement shall inform the applicant that failure to report        7,665        

formal charges, A CONVICTION, OR A GUILTY PLEA may result in       7,666        

being dismissed from employment.                                   7,667        

      (G)  A county board of mental retardation and developmental  7,670        

disabilities shall pay to the bureau of criminal identification    7,671        

and investigation the fee prescribed pursuant to division          7,672        

(C)(2)(3) of section 109.572 of the Revised Code for each          7,673        

criminal records check requested and conducted pursuant to this                 

section.                                                           7,674        

      (H)(1)  Any report obtained pursuant to this section is not  7,676        

a public record for purposes of section 149.43 of the Revised      7,677        

Code and shall not be made available to any person, other than     7,678        

the applicant who is the subject of the records check or criminal  7,679        

records check or the applicant's representative, the board         7,680        

requesting the records check or criminal records check or its      7,681        

representative, the department of mental retardation and           7,683        

developmental disabilities, and any court, hearing officer, or     7,684        

other necessary individual involved in a case dealing with the     7,685        

denial of employment to the applicant or the denial, suspension,   7,686        

or revocation of a certificate or evidence of registration under   7,687        

section 5126.25 of the Revised Code.                               7,688        

                                                          176    


                                                                 
      (2)  An individual for whom a county board superintendent    7,690        

has obtained reports under this section may submit a written       7,691        

request to the county board to have copies of the reports sent to  7,693        

any state agency, entity of local government, or private entity.   7,694        

The individual shall specify in the request the AGENCIES OR        7,695        

entities to which the copies are to be sent.  On receiving the     7,696        

request, the county board shall send copies of the reports to the  7,697        

AGENCIES OR entities specified.                                    7,698        

      A county board may request that a state agency, entity of    7,700        

local government, or private entity send copies to the board of    7,701        

any report regarding a records check or criminal records check     7,702        

that the AGENCY OR entity possesses, if the county board obtains   7,703        

the written consent of the individual who is the subject of the    7,704        

report.                                                            7,705        

      (I)  Each county board superintendent shall request the      7,707        

registrar of motor vehicles to supply the superintendent with a    7,708        

certified abstract regarding the record of convictions for         7,709        

violations of motor vehicle laws of each applicant who will be     7,710        

required by the applicant's employment to transport individuals    7,711        

with mental retardation or developmental disabilities or to        7,712        

operate the board's vehicles for any other purpose.  For each      7,713        

abstract provided under this section, the board shall pay the      7,714        

amount specified in section 4509.05 of the Revised Code.           7,715        

      (J)  The county board superintendent shall provide each      7,717        

applicant with a copy of any report or abstract obtained about     7,718        

the applicant under this section.  The AT THE REQUEST OF THE       7,719        

DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,     7,720        

THE superintendent also shall provide the department of mental     7,722        

retardation and developmental disabilities DIRECTOR with a copy    7,723        

of each A report or abstract obtained under this section.          7,725        

      (K)(1)  The county board superintendent shall inform each    7,727        

person, at the time of the person's initial application for        7,728        

employment, that the person is required to provide a set of        7,729        

impressions of the person's fingerprints and that a criminal       7,730        

                                                          177    


                                                                 
records check is required to be conducted and satisfactorily       7,731        

completed in accordance with section 109.572 of the Revised Code   7,732        

if the person comes under final consideration for appointment or   7,733        

employment as a precondition to employment for that IN A           7,734        

position.                                                                       

      (2)  A board may employ an applicant pending receipt of      7,737        

reports requested under this section.  The board shall terminate   7,738        

employment of any such applicant if it is determined from the      7,739        

reports that the applicant failed to inform the county board that  7,740        

the applicant had been convicted of or pleaded guilty to any of                 

the offenses listed or described in division (E) of this section.  7,741        

      (L)  The board may charge an applicant a fee for costs it    7,743        

incurs in obtaining reports, abstracts, or fingerprint             7,744        

impressions under this section.  A fee charged under this          7,745        

division shall not exceed the amount of the fees the board pays    7,746        

under divisions (G) and (I) of this section.  If a fee is charged  7,747        

under this division, the board shall notify the applicant of the   7,748        

amount of the fee at the time of the applicant's initial           7,749        

application for employment and that, unless the fee is paid, the   7,750        

board will not consider the applicant for employment.              7,751        

      (M)  The department of mental retardation and developmental  7,753        

disabilities shall adopt rules pursuant to Chapter 119. of the     7,754        

Revised Code to implement this section and section 5126.281 of     7,755        

the Revised Code, including rules specifying circumstances under   7,756        

which a county board or contracting entity may hire a person who   7,757        

has been convicted of OR PLEADED GUILTY TO an offense listed or    7,758        

described in division (E) of this section but who meets standards  7,760        

in regard to rehabilitation set by the department.                 7,761        

      Sec. 5126.281.  (A)  As used in this section, "contracting:  7,770        

      (1)  "CONTRACTING entity" means an entity under contract     7,773        

with a county board of mental retardation and developmental        7,774        

disabilities for the provision of direct SPECIALIZED services to   7,775        

individuals with mental retardation or a developmental             7,777        

disability.                                                                     

                                                          178    


                                                                 
      (2)  "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT          7,779        

POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE      7,780        

OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL  7,781        

OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A          7,782        

DEVELOPMENTAL DISABILITY.                                          7,783        

      (3)  "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE     7,785        

DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL   7,786        

RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR  7,787        

SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE         7,788        

DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.   7,789        

IF THERE IS A QUESTION AS TO WHETHER A CONTRACTING ENTITY IS       7,790        

PROVIDING SPECIALIZED SERVICES, THE CONTRACTING ENTITY MAY         7,791        

REQUEST THAT THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL  7,792        

DISABILITIES MAKE A DETERMINATION.  THE DIRECTOR'S DETERMINATION   7,793        

IS FINAL.                                                                       

      (B)  Each (1)  EXCEPT AS PROVIDED IN DIVISION (B)(2) OF      7,796        

THIS SECTION, EACH contracting entity shall conduct background     7,797        

investigations in the same manner county boards conduct            7,798        

investigations under section 5126.28 of the Revised Code of all    7,799        

persons under final consideration for employment with the          7,800        

contracting entity in a DIRECT SERVICES position that involves     7,801        

providing services directly to individuals with mental             7,803        

retardation or a developmental disability, except that a           7,804        

contracting entity is not required to request a criminal records   7,805        

check for a direct services employee of the entity who is being    7,806        

considered for a different direct services position or is          7,807        

returning after a leave of absence or seasonal break in                         

employment, as long as the contracting entity has no reason to     7,808        

believe that the employee has committed any of the offenses        7,809        

listed or described in division (E) of section 5126.28 of the      7,810        

Revised Code.  On request, the county board shall assist a         7,811        

contracting entity in obtaining reports from the bureau of         7,812        

criminal identification and investigation or any other state or    7,813        

federal agency and in obtaining abstracts from the registrar of    7,814        

                                                          179    


                                                                 
motor vehicles.                                                                 

      (2)  A CONTRACTING ENTITY IS NOT REQUIRED TO REQUEST A       7,816        

CRIMINAL RECORDS CHECK FOR EITHER OF THE FOLLOWING:                7,817        

      (a)  AN EMPLOYEE OF THE ENTITY WHO IS IN A DIRECT SERVICES   7,819        

POSITION AND BEING CONSIDERED FOR A DIFFERENT DIRECT SERVICES      7,820        

POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL      7,822        

BREAK IN EMPLOYMENT, AS LONG AS THE CONTRACTING ENTITY HAS NO      7,823        

REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE       7,824        

OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF SECTION 5126.28    7,825        

OF THE REVISED CODE;                                                            

      (b)  A PERSON WHO WILL PROVIDE ONLY RESPITE CARE UNDER A     7,827        

FAMILY SUPPORT SERVICES PROGRAM ESTABLISHED UNDER SECTION 5126.11  7,828        

OF THE REVISED CODE, IF THE PERSON IS SELECTED BY A FAMILY MEMBER  7,830        

OF THE INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL                    

DISABILITY WHO IS TO RECEIVE THE RESPITE CARE.                     7,832        

      (C)  No contracting entity shall place a person in a DIRECT  7,835        

SERVICES position that involves providing services directly to     7,836        

individuals with mental retardation or a developmental disability  7,837        

if the person has been convicted of or pleaded guilty to any       7,838        

offense listed or described in division (E) of section 5126.28 of  7,839        

the Revised Code, unless the person meets the standards for        7,840        

rehabilitation established by rules adopted under section 5126.28  7,841        

of the Revised Code.                                               7,842        

      (D)  A contracting entity may place a person in a DIRECT     7,844        

SERVICES position that involves providing services directly to an  7,845        

individual with mental retardation or a developmental disability   7,846        

pending receipt of information concerning the person's background  7,848        

investigation from the bureau of criminal identification and       7,849        

investigation, the registrar of motor vehicles, or any other       7,850        

state or federal agency if the person submits to the contracting   7,851        

entity a statement with the person's signature that the person     7,853        

has not been convicted of or pleaded guilty to any of the          7,854        

offenses listed or described in division (E) of section 5126.28    7,855        

of the Revised Code.  No contracting entity shall fail to          7,856        

                                                          180    


                                                                 
terminate the placement of such person if the contracting entity   7,857        

is informed that the person has been convicted of or pleaded       7,858        

guilty to any of the offenses listed or described in division (E)  7,859        

of section 5126.28 of the Revised Code.                            7,860        

      (E)  Prior to employing a person in a direct services        7,862        

position, the contracting entity shall require the person to       7,863        

submit a statement with the applicant's signature attesting that   7,864        

the applicant has not been convicted of or pleaded guilty to any   7,865        

of the offenses listed or described in division (E) of section     7,866        

5126.28 of the Revised Code.  The contracting entity also shall                 

require the person to sign an agreement to notify the contracting  7,867        

entity WITHIN FOURTEEN CALENDAR DAYS if, while employed by the     7,869        

entity, the person is ever formally charged for WITH, CONVICTED    7,870        

OF, OR PLEADS GUILTY TO any of the offenses listed or described    7,871        

in division (E) of section 5126.28 of the Revised Code.  The       7,872        

agreement shall inform the person that failure to report formal    7,873        

charges, A CONVICTION, OR A GUILTY PLEA may result in being        7,874        

dismissed from employment.                                                      

      (F)  A county board may take appropriate action against a    7,876        

contracting entity that violates this section, including           7,878        

terminating the contracting entity's contract with the board.      7,879        

      Sec. 5126.357.  (A)  As used in this section:                7,888        

      (1)  "In-home care" means the supportive services provided   7,890        

within the home of an individual who receives funding for the      7,892        

services as a county board client, including any client who        7,893        

receives residential services funded through the medical           7,895        

assistance program's home and community-based services waivers                  

administered by the department of mental retardation and           7,897        

developmental disabilities, family support services provided       7,898        

under section 5126.11 of the Revised Code, or supported living     7,900        

provided in accordance with sections 5126.41 to 5126.47 of the     7,901        

Revised Code.  "In-home care" includes care that is provided       7,902        

outside a client's home in places incidental to the home, and      7,903        

while traveling to places incidental to the home, except that      7,905        

                                                          181    


                                                                 
"in-home care" does not include care provided in the facilities    7,907        

of a county board of mental retardation and developmental          7,908        

disabilities or care provided in schools.                                       

      (2)  "Parent" means either parent of a child, including an   7,910        

adoptive parent but not a foster parent.                           7,912        

      (3)  "Unlicensed in-home care worker" means an individual    7,914        

who provides in-home care but is not a health care professional.   7,917        

A county board worker may be an unlicensed in-home care worker.    7,918        

      (4)  "FAMILY MEMBER" MEANS A PARENT, SIBLING, SPOUSE, SON,   7,920        

DAUGHTER, GRANDPARENT, AUNT, UNCLE, COUSIN, OR GUARDIAN OF THE     7,921        

INDIVIDUAL WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES   7,922        

IF THE INDIVIDUAL WITH MENTAL RETARDATION OR DEVELOPMENTAL         7,923        

DISABILITIES LIVES WITH THE PERSON AND IS DEPENDENT ON THE PERSON  7,924        

TO THE EXTENT THAT, IF THE SUPPORTS WERE WITHDRAWN, ANOTHER        7,925        

LIVING ARRANGEMENT WOULD HAVE TO BE FOUND.                                      

      (B)  Except as provided in division (D) of this section,     7,927        

the parent or guardian A FAMILY MEMBER of an individual with       7,929        

mental retardation or a developmental disability who is not more   7,931        

than twenty-one years of age or the guardian of an individual      7,933        

with mental retardation or a developmental disability who is age                

twenty-one or older may authorize an unlicensed in-home care       7,934        

worker to give or apply prescribed medication or perform other     7,936        

health care tasks as part of the in-home care provided to the      7,937        

individual, if the parent or guardian FAMILY MEMBER is the         7,938        

primary supervisor of the care and the unlicensed in-home care     7,939        

worker has been selected by the parent or guardian FAMILY MEMBER   7,940        

and is under the direct supervision of the parent or guardian      7,943        

FAMILY MEMBER.  Sections 4723.62 and 5126.351 to 5126.356 of the   7,945        

Revised Code do not apply to the in-home care authorized by a      7,946        

parent or guardian FAMILY MEMBER under this section.  Instead, a   7,947        

parent or guardian FAMILY MEMBER shall obtain a prescription, if   7,948        

applicable, and written instructions from a health care            7,949        

professional for the care to be provided to the individual.  The   7,950        

parent or guardian FAMILY MEMBER shall authorize the unlicensed    7,951        

                                                          182    


                                                                 
in-home care worker to provide the care by preparing a written     7,953        

document granting the authority.  The parent or guardian FAMILY    7,954        

MEMBER shall provide the unlicensed in-home care worker with       7,955        

appropriate training and written instructions in accordance with   7,956        

the instructions obtained from the health care professional.       7,957        

      (C)  A parent or guardian FAMILY MEMBER who authorizes an    7,959        

unlicensed in-home care worker to give or apply prescribed         7,962        

medication or perform other health care tasks retains full         7,963        

responsibility for the health and safety of the individual         7,964        

receiving the care and for ensuring that the worker provides the   7,965        

care appropriately and safely.  No entity that funds or monitors   7,966        

the provision of in-home care may be held liable for the results   7,967        

of the care provided under this section by an unlicensed in-home   7,968        

care worker, including such entities as the county board of        7,970        

mental retardation and developmental disabilities, any other       7,971        

entity that employs an unlicensed in-home care worker, and the     7,972        

department of mental retardation and developmental disabilities.   7,974        

      An unlicensed in-home care worker who is authorized under    7,976        

this section by a parent or guardian FAMILY MEMBER to provide      7,977        

care to an individual may not be held liable for any injury        7,980        

caused in providing the care, unless the worker provides the care               

in a manner that is not in accordance with the training and        7,981        

instructions received or the worker acts in a manner that          7,982        

constitutes wanton or reckless misconduct.                         7,983        

      (D)  A county board of mental retardation and developmental  7,985        

disabilities may evaluate the authority granted by a parent or     7,986        

guardian FAMILY MEMBER under this section to an unlicensed         7,988        

in-home care worker at any time it considers necessary and shall   7,989        

evaluate the authority on receipt of a complaint.  If the board    7,990        

determines that the parent or guardian A FAMILY MEMBER has acted   7,991        

in a manner that is inappropriate for the health and safety of     7,992        

the individual receiving the services, the authorization granted   7,994        

by the parent or guardian FAMILY MEMBER to an unlicensed in-home   7,996        

care worker is void, and the parent or guardian FAMILY MEMBER may  7,997        

                                                          183    


                                                                 
not authorize other unlicensed in-home care workers to provide     7,998        

the care.  In making such a determination, the board shall use     7,999        

appropriately licensed health care professionals and shall         8,000        

provide the parent or guardian FAMILY MEMBER an opportunity to     8,002        

file a complaint under section 5126.06 of the Revised Code.                     

      Sec. 5153.111.  (A)(1)  The executive director of a public   8,011        

children services agency shall request the superintendent of the   8,012        

bureau of criminal identification and investigation to conduct a   8,013        

criminal records check with respect to any applicant who has       8,014        

applied to the agency for employment as a person responsible for   8,015        

the care, custody, or control of a child.  If the applicant does   8,016        

not present proof that the applicant has been a resident of this   8,017        

state for the five-year period immediately prior to the date upon  8,018        

which the criminal records check is requested or does not provide  8,019        

evidence that within that five-year period the superintendent has  8,020        

requested FINGERPRINT-BASED information about the applicant from   8,021        

the federal bureau of investigation in a criminal records check,   8,023        

the executive director shall request that the superintendent       8,024        

obtain FINGERPRINT-BASED information from the federal bureau of    8,026        

investigation as a part of the criminal records check for the      8,027        

applicant.  If the applicant presents proof that the applicant     8,028        

has been a resident of this state for that five-year period, the   8,029        

executive director may request that the superintendent include     8,030        

FINGERPRINT-BASED information from the federal bureau of           8,031        

investigation in the criminal records check.                       8,032        

      (2)  Any person required by division (A)(1) of this section  8,034        

to request a criminal records check shall provide to each          8,035        

applicant a copy of the form prescribed pursuant to division       8,036        

(C)(1) of section 109.572 of the Revised Code, provide to each     8,037        

applicant a standard impression sheet AND ANY MATERIAL NEEDED to   8,038        

obtain fingerprint impressions prescribed pursuant to division     8,040        

(C)(2) of section 109.572 of the Revised Code, obtain the          8,041        

completed form and impression sheet MATERIAL from each applicant,  8,042        

and forward OR TRANSMIT the completed form and impression sheet    8,044        

                                                          184    


                                                                 
MATERIAL to the superintendent of the bureau of criminal           8,046        

identification and investigation at the time the person requests   8,047        

a criminal records check pursuant to division (A)(1) of this       8,048        

section.                                                                        

      (3)  Any applicant who receives pursuant to division (A)(2)  8,050        

of this section a copy of the form prescribed pursuant to          8,051        

division (C)(1) of section 109.572 of the Revised Code and a copy  8,052        

of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN    8,053        

FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that        8,055        

section and who is requested to complete the form and provide a    8,056        

set of fingerprint impressions shall complete the form or provide  8,057        

all the information necessary to complete the form and shall       8,058        

provide the impression sheet MATERIAL with the impressions of the  8,059        

applicant's fingerprints.  If an applicant, upon request, fails    8,060        

to provide the information necessary to complete the form or       8,061        

fails to provide impressions of the applicant's fingerprints,      8,062        

that agency shall not employ that applicant for any position for   8,063        

which a criminal records check is required by division (A)(1) of   8,064        

this section.                                                                   

      (B)(1)  Except as provided in rules adopted by the director  8,067        

of job and family services in accordance with division (E) of      8,068        

this section, no public children services agency shall employ a    8,069        

person as a person responsible for the care, custody, or control   8,070        

of a child if the person previously has been convicted of or       8,071        

pleaded guilty to any of the following:                            8,072        

      (a)  A violation of section 2903.01, 2903.02, 2903.03,       8,074        

2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,     8,075        

2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,     8,077        

2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,     8,078        

2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,  8,079        

2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,     8,080        

2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,    8,081        

2925.06, or 3716.11 of the Revised Code, a violation of section    8,082        

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

                                                          185    


                                                                 
a violation of section 2919.23 of the Revised Code that would      8,083        

have been a violation of section 2905.04 of the Revised Code as    8,084        

it existed prior to July 1, 1996, had the violation occurred       8,085        

prior to that date, a violation of section 2925.11 of the Revised  8,087        

Code that is not a minor drug possession offense, or felonious     8,088        

sexual penetration in violation of former section 2907.12 of the   8,089        

Revised Code;                                                                   

      (b)  A violation of an existing or former law of this        8,091        

state, any other state, or the United States that is               8,092        

substantially equivalent to any of the offenses or violations      8,093        

described in division (B)(1)(a) of this section.                   8,094        

      (2)  A public children services agency may employ an         8,096        

applicant conditionally until the criminal records check required  8,097        

by this section is completed and the agency receives the results   8,098        

of the criminal records check.  If the results of the criminal     8,099        

records check indicate that, pursuant to division (B)(1) of this   8,100        

section, the applicant does not qualify for employment, the        8,101        

agency shall release the applicant from employment.                8,102        

      (C)(1)  Each public children services agency shall pay to    8,104        

the bureau of criminal identification and investigation the fee    8,105        

prescribed pursuant to division (C)(3) of section 109.572 of the   8,106        

Revised Code for each criminal records check conducted in          8,107        

accordance with that section upon the request pursuant to          8,108        

division (A)(1) of this section of the executive director of the   8,109        

agency.                                                            8,110        

      (2)  A public children services agency may charge an         8,112        

applicant a fee for the costs it incurs in obtaining a criminal    8,113        

records check under this section.  A fee charged under this        8,114        

division shall not exceed the amount of fees the agency pays       8,115        

under division (C)(1) of this section.  If a fee is charged under  8,116        

this division, the agency shall notify the applicant at the time   8,117        

of the applicant's initial application for employment of the       8,118        

amount of the fee and that, unless the fee is paid, the agency     8,119        

will not consider the applicant for employment.                    8,120        

                                                          186    


                                                                 
      (D)  The report of any criminal records check conducted by   8,122        

the bureau of criminal identification and investigation in         8,123        

accordance with section 109.572 of the Revised Code and pursuant   8,124        

to a request under division (A)(1) of this section is not a        8,125        

public record for the purposes of section 149.43 of the Revised    8,126        

Code and shall not be made available to any person other than the  8,127        

applicant who is the subject of the criminal records check or the  8,128        

applicant's representative, the public children services agency    8,129        

requesting the criminal records check or its representative, and   8,130        

any court, hearing officer, or other necessary individual          8,131        

involved in a case dealing with the denial of employment to the    8,132        

applicant.                                                                      

      (E)  The director of job and family services shall adopt     8,135        

rules pursuant to Chapter 119. of the Revised Code to implement    8,136        

this section, including rules specifying circumstances under       8,137        

which a public children services agency may hire a person who has  8,138        

been convicted of an offense listed in division (B)(1) of this     8,139        

section but who meets standards in regard to rehabilitation set    8,140        

by the department.                                                 8,141        

      (F)  Any person required by division (A)(1) of this section  8,143        

to request a criminal records check shall inform each person, at   8,144        

the time of the person's initial application for employment, that  8,145        

the person is required to provide a set of impressions of the      8,146        

person's fingerprints and that a criminal records check is         8,147        

required to be conducted and satisfactorily completed in           8,148        

accordance with section 109.572 of the Revised Code if the person  8,149        

comes under final consideration for appointment or employment as   8,150        

a precondition to employment for that position.                    8,151        

      (G)  As used in this section:                                8,153        

      (1)  "Applicant" means a person who is under final           8,155        

consideration for appointment or employment in a position with     8,156        

the agency as a person responsible for the care, custody, or       8,157        

control of a child.                                                8,158        

      (2)  "Criminal records check" has the same meaning as in     8,160        

                                                          187    


                                                                 
section 109.572 of the Revised Code.                               8,161        

      (3)  "Minor drug possession offense" has the same meaning    8,163        

as in section 2925.01 of the Revised Code.                         8,165        

      Section 2.  That existing sections 109.57, 109.572, 109.58,  8,167        

109.59, 109.60, 173.41, 2151.86, 3301.32, 3301.541, 3301.88,       8,169        

3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,          8,170        

5104.013, 5123.01, 5123.02, 5123.041, 5123.042, 5123.05,           8,171        

5123.082, 5123.09, 5123.092, 5123.11, 5123.17, 5123.18, 5123.181,  8,172        

5123.183, 5123.19, 5123.21, 5123.27, 5123.34, 5123.351, 5123.353,  8,173        

5123.55, 5123.62, 5123.63, 5123.67, 5123.801, 5123.85, 5123.89,    8,174        

5123.93, 5126.02, 5126.023, 5126.042, 5126.044, 5126.081,          8,175        

5126.082, 5126.12, 5126.13, 5126.28, 5126.281, 5126.357, and       8,178        

5153.111 and sections 5123.081, 5123.16, 5123.231, and 5126.252    8,180        

of the Revised Code are hereby repealed.                           8,181        

      Section 3.  Section 5123.081 of the Revised Code, as         8,183        

repealed and reenacted by this act, applies only to persons who    8,184        

apply for appointment to or employment with the Department of      8,185        

Mental Retardation and Developmental Disabilities on or after the  8,186        

effective date of this act.                                        8,187        

      Section 4.  The Joint Council on Mental Retardation and      8,189        

Developmental Disabilities is retained pursuant to division (D)    8,190        

of section 101.84 of the Revised Code and, pursuant to that        8,191        

section, expires on December 31, 2004.                             8,192        

      Section 5.  As used in this section, "contractor" means a    8,194        

person or government agency that has entered into a contract with  8,195        

the Department of Mental Retardation and Developmental             8,196        

Disabilities under section 5123.18 of the Revised Code to provide  8,197        

residential services to individuals with mental retardation or     8,198        

developmental disabilities.                                        8,199        

      A contractor is not required to repay the Department of      8,201        

Mental Retardation and Developmental Disabilities the amount the   8,202        

contractor received from the Department pursuant to a retroactive  8,203        

rate increase the Department issued in April 1997.  If, prior to   8,204        

the effective date of this act, a contractor repaid the            8,205        

                                                          188    


                                                                 
Department the amount it received pursuant to that retroactive     8,206        

rate increase, the Department shall return the payment to the      8,207        

contractor.  The payment shall be made from the purchase of        8,208        

service fund established under section 5123.051 of the Revised     8,209        

Code.  Neither that retroactive rate increase nor a payment the    8,211        

Department returns to a contractor under this section is an                     

amount payable to the state for the purpose of section 131.02 of   8,212        

the Revised Code or subject to a reconciliation under division     8,213        

(O) of section 5123.18 of the Revised Code.                        8,214        

      Section 6.  The reduction in the number of members of each   8,216        

citizen's advisory council made by section 5123.092 of the         8,217        

Revised Code, as amended by this act, does not affect the term of  8,218        

a member serving on an advisory council on the effective date of   8,219        

this act so long as the member continues to serve that term.                    

      Section 7.  The repeal and reenactment of section 5126.252   8,221        

of the Revised Code by this act revives that section, except that  8,222        

this act makes that section permanent and does not limit the       8,223        

programs established under that section to pilot projects.         8,224        

      Section 8.  Section 109.57 of the Revised Code is presented  8,226        

in this act as a composite of the section as amended by both Am.   8,228        

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      8,229        

letters.  Section 3319.39 of the Revised Code is presented in      8,230        

this act as a composite of the section as amended by Am. Sub.      8,231        

H.B. 445, Am. Sub. S.B. 269, and Am. Sub. S.B. 230, all of the     8,233        

121st General Assembly, with the new language of none of the acts  8,234        

shown in capital letters.  This is in recognition of the           8,235        

principle stated in division (B) of section 1.52 of the Revised    8,236        

Code that such amendments are to be harmonized where not           8,237        

substantively irreconcilable and constitutes a legislative         8,238        

finding that such are the resulting versions of those sections in  8,239        

effect prior to the effective date of this act.                    8,240