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
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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
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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
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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
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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
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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
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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
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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
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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
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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