To amend sections 109.57, 109.572, 5123.02, 5123.18, 5123.183, 5126.081, 5126.082, 5126.28, and 5126.281; to amend, for the purpose of adopting new section numbers as indicated in parentheses, sections 5123.05 (5123.06) and 5123.183 (5123.051); to enact new sections 5123.05, 5123.081, and 5126.252; and to repeal sections 5123.081 and 5126.252 of the Revised Code to revise the law governing the Department of Mental Retardation and Developmental Disabilities and county boards of mental retardation and developmental disabilities.

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

Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.

(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:

(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;

(b) The style and number of the case;

(c) The date of arrest;

(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;

(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;

(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.

If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.

(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.

(4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense and with respect to all other duties imposed on the bureau under that chapter.

(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.

(C) The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to gather and disseminate information, data, and statistics for the use of law enforcement agencies. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections.

(D) The information and materials furnished to the superintendent pursuant to division (A) of this section and information and materials furnished to any board or person under division (F) or (G) of this section are not public records under section 149.43 of the Revised Code.

(E) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed in division (A)(1), (3), (4), or (5) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.

(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.

(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of education of any school district; THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES; any county board of mental retardation and developmental disabilities; any entity under contract with a county board of mental retardation and developmental disabilities; the chief administrator of any chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed or certified under Chapter 5104. of the Revised Code; the administrator of any type C family day-care home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general assembly; the chief administrator of any head start agency; or the executive director of a public children services agency may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. Within thirty days of the date that the superintendent receives a request, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.

(b) When a board of education is required to receive information under this section as a prerequisite to employment of an individual pursuant to section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.

(3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.

(4) When the superintendent of the bureau receives a request for information that is authorized under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.

(5) When a recipient of an OhioReads classroom or community reading grant paid under section 3301.86 or 3301.87 of the Revised Code or an entity approved by the OhioReads council requests, with respect to any individual who applies to participate in providing any program or service through an entity approved by the OhioReads council or funded in whole or in part by the grant, the information that a school district board of education is authorized to request under division (F)(2)(a) of this section, the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2)(a) of this section.

(G) In addition to or in conjunction with any request that is required to be made under section 173.41, 3701.881, 3712.09, 3721.121, or 3722.151 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult, the chief administrator of a PASSPORT agency that provides services through the PASSPORT program created under section 173.40 of the Revised Code, home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code, or adult care facility may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, on request of the administrator requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to that individual. Within thirty days of the date a request is received, the superintendent shall send to the administrator a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the administrator a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.

(H) Information obtained by a board, administrator, or other person under this section is confidential and shall not be released or disseminated.

(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 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 have been a violation of section 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 violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.

(2) On receipt of a request PURSUANT TO SECTION 5123.081 of the Revised Code WITH RESPECT TO AN APPLICANT FOR EMPLOYMENT IN ANY POSITION WITH THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities, or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a DIRECT SERVICES position with an entity contracting with a county board for employment in a position that involves providing service directly to individuals with mental retardation and developmental disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;

(b) An existing or former MUNICIPAL ORDINANCE OR law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.

(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 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, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 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, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.

(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.

(5) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 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, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 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, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.

(6) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.

(7) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person who made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), or (5) of this section. The superintendent shall send the person who made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), or (5) of this section. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (5) of this section.

(B) The superintendent shall conduct any criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code.

(2)(a) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any EXCEPT AS PROVIDED IN DIVISION (C)(2)(b) OF THIS SECTION, ANY person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions.

(b) THE SUPERINTENDENT MAY DEVELOP A METHOD OF OBTAINING FINGERPRINT IMPRESSIONS OF ANY PERSON FOR WHOM A CRIMINAL RECORDS CHECK IS REQUIRED BY SECTION 5123.081, 5126.28, OR 5126.281 OF THE REVISED CODE THAT IS DIFFERENT FROM THE METHOD PROVIDED FOR BY DIVISION (C)(2)(a)OF THIS SECTION. IF THE SUPERINTENDENT DEVELOPS A DIFFERENT METHOD OF OBTAINING FINGERPRINT IMPRESSIONS, ANY PERSON FOR WHOM A RECORDS CHECK IS REQUIRED BY SECTION 5123.081, 5126.28, OR 5126.281 OF THE REVISED CODE SHALL OBTAIN THE FINGERPRINT IMPRESSIONS THROUGH THAT METHOD. THE SUPERINTENDENT, OR AN ENTITY IMPLEMENTING THE METHOD AUTHORIZED BY DIVISION (C)(2)(b) OF THIS SECTION FOR THE SUPERINTENDENT, MAY CHARGE A REASONABLE FEE FOR OBTAINING THE FINGERPRINT IMPRESSIONS.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.

(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), or (A)(5)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.

(E) As used in this section:

(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

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

Sec. 5123.02. (A) The department of mental retardation and developmental disabilities shall:

(1)(A) Promote comprehensive statewide programs and services for mentally retarded or developmentally disabled persons and their families wherever they reside in the state. These programs shall include public education, prevention, diagnosis, treatment, training, and care.

(2)(B) Provide administrative leadership for statewide services which include residential facilities, evaluation centers, and community classes which are wholly or in part financed by the department of mental retardation and developmental disabilities as provided by section 5123.26 of the Revised Code;

(3)(C) Develop and maintain, to the extent feasible, data on all services and programs for mentally retarded or developmentally disabled persons provided by governmental and private agencies;

(4)(D) Make periodic determinations of the number of mentally retarded or developmentally disabled persons requiring services in the state;

(5)(E) Provide leadership to local authorities in planning and developing community-wide services for mentally retarded or developmentally disabled persons and their families;

(6)(F) Promote programs of professional training and research in cooperation with other state departments, agencies, and institutions of higher learning.

(B) The department may conduct audits of the services and programs that either receive funds through the department or are subject to regulation by the department. Audits shall be conducted in accordance with procedures prescribed by the department. Records created or received by the department in connection with an audit are not public records under section 149.43 of the Revised Code until a report of the audit is released by the department.

Sec. 5123.05. THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES MAY CONDUCT AUDITS OF THE SERVICES AND PROGRAMS THAT EITHER RECEIVE FUNDS THROUGH THE DEPARTMENT OR ARE SUBJECT TO REGULATION BY THE DEPARTMENT. AUDITS SHALL BE CONDUCTED IN ACCORDANCE WITH PROCEDURES PRESCRIBED BY THE DEPARTMENT. RECORDS CREATED OR RECEIVED BY THE DEPARTMENT IN CONNECTION WITH AN AUDIT ARE NOT PUBLIC RECORDS UNDER SECTION 149.43 OF THE REVISED CODE UNTIL A REPORT OF THE AUDIT IS RELEASED BY THE DEPARTMENT.

Sec. 5123.183 5123.051. (A) As used in this section, "contractor" means a person or government agency that has entered into a contract with the department of mental retardation and developmental disabilities under section 5123.18 or 5111.252 of the Revised Code.

(B) If the department of mental retardation and developmental disabilities determines pursuant to an audit CONDUCTED UNDER SECTION 5123.05 of the Revised Code or A reconciliation conducted under section 5123.18 or 5111.252 of the Revised Code that money is owed the state by a contractor PROVIDER OF A SERVICE OR PROGRAM, the office of support within the department may enter into a payment agreement with the contractor PROVIDER. The agreement shall include the following:

(1)(A) A schedule of installment payments whereby the money owed the state is to be paid in full within a period not to exceed one year;

(2)(B) A provision that the contractor PROVIDER may pay the entire balance owed at any time during the term of the agreement;

(3)(C) A provision that if any installment is not paid in full within forty-five days after it is due, the entire balance owed is immediately due and payable;

(4)(D) Such other terms and conditions as are agreed to by the office and the contractor PROVIDER.

The office may include a provision in a payment agreement that requires the contractor PROVIDER to pay interest on the money owed the state. The office, in its discretion, shall determine whether to require the payment of interest and, if it so requires, the rate of interest. Neither the obligation to pay interest nor the rate of interest is subject to negotiation between the office and the contractor PROVIDER.

(C) If the contractor fails to pay any installment in full within forty-five days after its due date, the office shall certify the entire balance owed to the attorney general for collection under section 131.02 of the Revised Code. The department may withhold funds from payments made to a contractor under section 5123.18 or 5111.252 of the Revised Code to satisfy a judgment secured by the attorney general.

(D) All money collected under this section shall be deposited in the state treasury to the credit of the purchase of service fund, which is hereby created. Money credited to the fund shall be used solely for purposes of sections 5123.18 and 5111.252 of the Revised Code.

Sec. 5123.05 5123.06. The director of mental retardation and developmental disabilities may establish divisions in the department of mental retardation and developmental disabilities and prescribe their powers and duties.

Each division shall consist of a chief and the officers and employees, including those in institutions, necessary for the performance of the functions assigned to it. The director shall supervise the work of each division and be responsible for the determination of general policies in the exercise of powers vested in the department and powers assigned to each division. The chief of each division shall be responsible to the director for the organization, direction, and supervision of the work of the division and the exercise of the powers and the performance of the duties of the department assigned to such division, and, with the approval of the director, may establish bureaus or other administrative units in the division.

Appointment to the position of chief of a division may be made from persons holding positions in the classified service in the department.

The chief of each division shall be a person who has had special training and experience in the type of work with the performance of which the division is charged.

Each chief of a division, under the director, shall have entire executive charge of the division to which the chief is appointed. Subject to sections 124.01 to 124.64 of the Revised Code, and civil service rules, the chief of a division shall, with the approval of the director, select and appoint the necessary employees in the chief's division and may remove such employees for cause.

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

(1) "APPLICANT" MEANS A PERSON WHO IS UNDER FINAL CONSIDERATION FOR APPOINTMENT TO OR EMPLOYMENT WITH THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES.

(2) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN SECTION 109.572 OF THE REVISED CODE.

(3) "MINOR DRUG POSSESSION OFFENSE" HAS THE SAME MEANING AS IN SECTION 2925.01 OF THE REVISED CODE.

(B) THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL RECORDS CHECK WITH RESPECT TO EACH APPLICANT, EXCEPT THAT THE DIRECTOR IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR AN EMPLOYEE OF THE DEPARTMENT WHO IS BEING CONSIDERED FOR A DIFFERENT POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE DIRECTOR HAS NO REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.

IF THE APPLICANT DOES NOT PRESENT PROOF THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS CHECK IS REQUESTED, THE DIRECTOR SHALL REQUEST THAT THE SUPERINTENDENT OF THE BUREAU OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS A PART OF THE CRIMINAL RECORDS CHECK FOR THE APPLICANT. IF THE APPLICANT PRESENTS PROOF THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR PERIOD, THE DIRECTOR MAY REQUEST THAT THE SUPERINTENDENT OF THE BUREAU INCLUDE INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION IN THE CRIMINAL RECORDS CHECK. FOR PURPOSES OF THIS DIVISION, AN APPLICANT MAY PROVIDE PROOF OF RESIDENCY IN THIS STATE BY PRESENTING, WITH A NOTARIZED STATEMENT ASSERTING THAT THE APPLICANT HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR PERIOD, A VALID DRIVER'S LICENSE, NOTIFICATION OF REGISTRATION AS AN ELECTOR, A COPY OF AN OFFICIALLY FILED FEDERAL OR STATE TAX FORM IDENTIFYING THE APPLICANT'S PERMANENT RESIDENCE, OR ANY OTHER DOCUMENT THE DIRECTOR CONSIDERS ACCEPTABLE.

(C) THE DIRECTOR SHALL PROVIDE TO EACH APPLICANT A COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE REVISED CODE, PROVIDE TO EACH APPLICANT ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF THE REVISED CODE, OBTAIN THE COMPLETED FORM AND MATERIAL FROM EACH APPLICANT, AND FORWARD THE COMPLETED FORM AND MATERIAL TO THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE TIME THE CRIMINAL RECORDS CHECK IS REQUESTED.

ANY APPLICANT WHO RECEIVES PURSUANT TO THIS DIVISION A COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE REVISED CODE AND ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS PURSUANT TO DIVISION (C)(2) OF THAT SECTION AND WHO IS REQUESTED TO COMPLETE THE FORM AND PROVIDE A SET OF FINGERPRINT IMPRESSIONS SHALL COMPLETE THE FORM OR PROVIDE ALL THE INFORMATION NECESSARY TO COMPLETE THE FORM AND SHALL PROVIDE THE MATERIAL WITH THE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS. IF AN APPLICANT, UPON REQUEST, FAILS TO PROVIDE THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF THE APPLICANT'S FINGERPRINTS, THE DIRECTOR SHALL NOT EMPLOY THE APPLICANT.

(D) THE DIRECTOR MAY REQUEST ANY OTHER STATE OR FEDERAL AGENCY TO SUPPLY THE DIRECTOR WITH A WRITTEN REPORT REGARDING THE CRIMINAL RECORD OF EACH APPLICANT. WITH REGARD TO AN APPLICANT WHO BECOMES A DEPARTMENT EMPLOYEE, IF THE EMPLOYEE HOLDS AN OCCUPATIONAL OR PROFESSIONAL LICENSE OR OTHER CREDENTIALS, THE DIRECTOR MAY REQUEST THAT THE STATE OR FEDERAL AGENCY THAT REGULATES THE EMPLOYEE'S OCCUPATION OR PROFESSION SUPPLY THE DIRECTOR WITH A WRITTEN REPORT OF ANY INFORMATION PERTAINING TO THE EMPLOYEE'S CRIMINAL RECORD THAT THE AGENCY OBTAINS IN THE COURSE OF CONDUCTING AN INVESTIGATION OR IN THE PROCESS OF RENEWING THE EMPLOYEE'S LICENSE OR OTHER CREDENTIALS.

(E) EXCEPT AS PROVIDED IN DIVISION (K)(2) OF THIS SECTION AND IN RULES ADOPTED BY THE DIRECTOR IN ACCORDANCE WITH DIVISION (M) OF THIS SECTION, THE DIRECTOR SHALL NOT EMPLOY A PERSON TO FILL A POSITION WITH THE DEPARTMENT WHO HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE FOLLOWING:

(1) A VIOLATION OF SECTION 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, OR 3716.11 OF THE REVISED CODE, A VIOLATION OF SECTION 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 HAVE BEEN A VIOLATION OF SECTION 2905.04 OF THE REVISED CODE AS IT EXISTED PRIOR TO JULY 1, 1996, HAD THE VIOLATION OCCURRED PRIOR TO THAT DATE, A VIOLATION OF SECTION 2925.11 OF THE REVISED CODE THAT IS NOT A MINOR DRUG POSSESSION OFFENSE, OR FELONIOUS SEXUAL PENETRATION IN VIOLATION OF FORMER SECTION 2907.12 OF THE REVISED CODE;

(2) A FELONY CONTAINED IN THE REVISED CODE THAT IS NOT LISTED IN THIS DIVISION, IF THE FELONY BEARS A DIRECT AND SUBSTANTIAL RELATIONSHIP TO THE DUTIES AND RESPONSIBILITIES OF THE POSITION BEING FILLED;

(3) A VIOLATION OF AN EXISTING OR FORMER MUNICIPAL ORDINANCE OR LAW OF THIS STATE, ANY OTHER STATE, OR THE UNITED STATES, IF THE OFFENSE IS SUBSTANTIALLY EQUIVALENT TO ANY OF THE OFFENSES DESCRIBED IN DIVISION (E)(1) OR (2) OF THIS SECTION.

(F) PRIOR TO EMPLOYING AN APPLICANT, THE DIRECTOR SHALL REQUIRE THE APPLICANT TO SUBMIT A STATEMENT WITH THE APPLICANT'S SIGNATURE ATTESTING THAT THE APPLICANT HAS NOT BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES DESCRIBED IN DIVISION (E) OF THIS SECTION. THE DIRECTOR ALSO SHALL REQUIRE THE APPLICANT TO SIGN AN AGREEMENT UNDER WHICH THE APPLICANT AGREES TO NOTIFY THE DIRECTOR IF WHILE EMPLOYED WITH THE DEPARTMENT THE APPLICANT IS EVER FORMALLY CHARGED FOR ANY OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION. THE AGREEMENT SHALL INFORM THE APPLICANT THAT FAILURE TO REPORT FORMAL CHARGES MAY RESULT IN BEING DISMISSED FROM EMPLOYMENT.

(G) THE DIRECTOR SHALL PAY TO THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION THE FEE PRESCRIBED PURSUANT TO DIVISION (C)(3) OF SECTION 109.572 OF THE REVISED CODE FOR EACH CRIMINAL RECORDS CHECK REQUESTED AND CONDUCTED PURSUANT TO THIS SECTION.

(H)(1) ANY REPORT OBTAINED PURSUANT TO THIS SECTION IS NOT A PUBLIC RECORD FOR PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON, OTHER THAN THE APPLICANT WHO IS THE SUBJECT OF THE RECORDS CHECK OR CRIMINAL RECORDS CHECK OR THE APPLICANT'S REPRESENTATIVE, THE DEPARTMENT OR ITS REPRESENTATIVE, A COUNTY BOARD OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, AND ANY COURT, HEARING OFFICER, OR OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE DENIAL OF EMPLOYMENT TO THE APPLICANT OR THE DENIAL, SUSPENSION, OR REVOCATION OF A CERTIFICATE OR EVIDENCE OF REGISTRATION UNDER SECTION 5123.082 OF THE REVISED CODE.

(2) AN INDIVIDUAL FOR WHOM THE DIRECTOR HAS OBTAINED REPORTS UNDER THIS SECTION MAY SUBMIT A WRITTEN REQUEST TO THE DIRECTOR TO HAVE COPIES OF THE REPORTS SENT TO ANY STATE AGENCY, ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY. THE INDIVIDUAL SHALL SPECIFY IN THE REQUEST THE ENTITIES TO WHICH THE COPIES ARE TO BE SENT. ON RECEIVING THE REQUEST, THE DIRECTOR SHALL SEND COPIES OF THE REPORTS TO THE ENTITIES SPECIFIED.

THE DIRECTOR MAY REQUEST THAT A STATE AGENCY, ENTITY OF LOCAL GOVERNMENT, OR PRIVATE ENTITY SEND COPIES TO THE DIRECTOR OF ANY REPORT REGARDING A RECORDS CHECK OR CRIMINAL RECORDS CHECK THAT THE ENTITY POSSESSES, IF THE DIRECTOR OBTAINS THE WRITTEN CONSENT OF THE INDIVIDUAL WHO IS THE SUBJECT OF THE REPORT.

(I) THE DIRECTOR SHALL REQUEST THE REGISTRAR OF MOTOR VEHICLES TO SUPPLY THE DIRECTOR WITH A CERTIFIED ABSTRACT REGARDING THE RECORD OF CONVICTIONS FOR VIOLATIONS OF MOTOR VEHICLE LAWS OF EACH APPLICANT WHO WILL BE REQUIRED BY THE APPLICANT'S EMPLOYMENT TO TRANSPORT INDIVIDUALS WITH MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES OR TO OPERATE THE DEPARTMENT'S VEHICLES FOR ANY OTHER PURPOSE. FOR EACH ABSTRACT PROVIDED UNDER THIS SECTION, THE DIRECTOR SHALL PAY THE AMOUNT SPECIFIED IN SECTION 4509.05 OF THE REVISED CODE.

(J) THE DIRECTOR SHALL PROVIDE EACH APPLICANT WITH A COPY OF ANY REPORT OR ABSTRACT OBTAINED ABOUT THE APPLICANT UNDER THIS SECTION.

(K)(1) THE DIRECTOR SHALL INFORM EACH PERSON, AT THE TIME OF THE PERSON'S INITIAL APPLICATION FOR EMPLOYMENT, THAT THE PERSON IS REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK IS REQUIRED TO BE CONDUCTED AND SATISFACTORILY COMPLETED IN ACCORDANCE WITH SECTION 109.572 OF THE REVISED CODE IF THE PERSON COMES UNDER FINAL CONSIDERATION FOR EMPLOYMENT AS A PRECONDITION TO EMPLOYMENT FOR THAT POSITION.

(2) THE DIRECTOR MAY EMPLOY AN APPLICANT PENDING RECEIPT OF REPORTS REQUESTED UNDER THIS SECTION. THE DIRECTOR SHALL TERMINATE EMPLOYMENT OF ANY SUCH APPLICANT IF IT IS DETERMINED FROM THE REPORTS THAT THE APPLICANT FAILED TO INFORM THE DIRECTOR THAT THE APPLICANT HAD BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION.

(L) THE DIRECTOR MAY CHARGE AN APPLICANT A FEE FOR COSTS THE DIRECTOR INCURS IN OBTAINING REPORTS, ABSTRACTS, OR FINGERPRINT IMPRESSIONS UNDER THIS SECTION. A FEE CHARGED UNDER THIS DIVISION SHALL NOT EXCEED THE AMOUNT OF THE FEES THE DIRECTOR PAYS UNDER DIVISIONS (G) AND (I) OF THIS SECTION. IF A FEE IS CHARGED UNDER THIS DIVISION, THE DIRECTOR SHALL NOTIFY THE APPLICANT OF THE AMOUNT OF THE FEE AT THE TIME OF THE APPLICANT'S INITIAL APPLICATION FOR EMPLOYMENT AND THAT UNLESS THE FEE IS PAID, THE DIRECTOR WILL NOT CONSIDER THE APPLICANT FOR EMPLOYMENT.

(M) THE DIRECTOR SHALL ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO IMPLEMENT THIS SECTION, INCLUDING RULES SPECIFYING CIRCUMSTANCES UNDER WHICH THE DIRECTOR MAY EMPLOY A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE LISTED OR DESCRIBED IN DIVISION (E) OF THIS SECTION BUT WHO MEETS STANDARDS IN REGARD TO REHABILITATION SET BY THE DIRECTOR.

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

(1) "Contractor" means a person or government agency that enters into a contract with the department of mental retardation and developmental disabilities under this section.

(2) "Government agency" means a state agency as defined in section 117.01 of the Revised Code or a similar agency of a political subdivision of the state.

(3) "Residential services" means the services necessary for an individual with mental retardation or a developmental disability to live in the community, including room and board, clothing, transportation, personal care, habilitation, supervision, and any other services the department considers necessary for the individual to live in the community.

(B)(1) The department of mental retardation and developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with mental retardation or developmental disabilities in need of residential services. Contracts for residential services shall be of the following types:

(a) Companion home contracts - contracts under which the contractor is an individual, the individual is the primary caregiver, and the individual owns or leases and resides in the home in which the services are provided.

(b) Agency-operated companion home contracts - contracts under which the contractor subcontracts, for purposes of coordinating the provision of residential services, with one or more individuals who are primary caregivers and own or lease and reside in the homes in which the services are provided.

(c) Community home contracts - contracts for residential services under which the contractor owns or operates a home that is used solely to provide residential services.

(d) Combined agency-operated companion home and community home contracts.

(2) A companion home contract shall cover not more than one home. An agency-operated companion home contract or a community home contract may cover more than one home.

(C) Contracts shall be in writing and shall provide for payment to be made to the contractor at the times agreed to by the department and the contractor. Each contract shall specify the period during which it is valid, the amount to be paid for residential services, and the number of individuals for whom payment will be made. Contracts may be renewed.

(D) To be eligible to enter into a contract with the department under this section, the person or government agency and the home in which the residential services are provided must meet all applicable standards for licensing or certification by the appropriate government agency. In addition, if the residential facility is operated as a nonprofit entity, the members of the board of trustees or board of directors of the facility must not have a financial interest in or receive financial benefit from the facility, other than reimbursement for actual expenses incurred in attending board meetings.

A home with a companion home contract or an agency operated companion home contract that has five or fewer residents with mental retardation or a developmental disability is a foster family home as defined in section 5123.19 of the Revised Code.

(E)(1) The department shall determine the payment amount assigned to an initial contract. To the extent that the department determines sufficient funds are available, the payment amount assigned to an initial contract shall be equal to the average amount assigned to contracts for other homes that are of the same type and size and serve individuals with similar needs, except that if an initial contract is the result of a change of contractor or ownership, the payment amount assigned to the contract shall be the lesser of the amount assigned to the previous contract or the contract's total adjusted predicted funding need calculated under division (I) of this section.

(2) A renewed contract shall be assigned a payment amount in accordance with division (K) of this section.

(3) When a contractor relocates a home to another site at which residential services are provided to the same individuals, the payment amount assigned to the contract for the new home shall be the payment amount assigned to the contract at the previous location.

(F)(1) Annually, a contractor shall complete an assessment of each individual to whom the contractor provides residential services to predict the individual's need for routine direct services staff. The department shall establish by rule adopted in accordance with Chapter 119. of the Revised Code the assessment instrument to be used by contractors to make assessments. Assessments shall be submitted to the department not later than the thirty-first day of January of each year.

A contractor shall submit a revised assessment for an individual if there is a substantial, long-term change in the nature of the individual's needs. A contractor shall submit revised assessments for all individuals receiving residential services if there is a change in the composition of the home's residents.

(2) Annually, a contractor shall submit a cost report to the department specifying the costs incurred in providing residential services during the immediately preceding calendar year. Only costs actually incurred by a contractor shall be reported on a cost report. Cost reports shall be prepared according to a uniform chart of accounts approved by the department and shall be submitted on forms prescribed by the department.

(3) The department shall not renew the contract held by a contractor who fails to submit the assessments or cost reports required under this division.

(4) The department shall adopt rules as necessary regarding the submission of assessments and cost reports under this division. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

(G) Prior to renewing a contract entered into under this section, the department shall compute the contract's total predicted funding need and total adjusted predicted funding need. The department shall also compute the contract's unmet funding need if the payment amount assigned to the contract is less than the total adjusted predicted funding need. The results of these calculations shall be used to determine the payment amount assigned to the renewed contract.

(H)(1) A contract's total predicted funding need is an amount equal to the sum of the predicted funding needs for the following cost categories:

(a) Routine direct services staff;

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

(c) Facility and general services;

(d) Administration.

(2) Based on the assessments submitted by the contractor, the department shall compute the contract's predicted funding need for the routine direct services staff cost category by multiplying the number of direct services staff predicted to be necessary for the home by the sum of the following:

(a) Entry level wages paid during the immediately preceding cost reporting period to comparable staff employed by the county board of mental retardation and developmental disabilities of the county in which the home is located;

(b) Fringe benefits and payroll taxes as determined by the department using state civil service statistics from the same period as the cost reporting period.

(3) The department shall establish by rule adopted in accordance with Chapter 119. of the Revised Code the method to be used to compute the predicted funding need for the dietary, program supplies, and specialized staff cost category; the facility and general services cost category; and the administration cost category. The rules shall not establish a maximum amount that may be attributed to the dietary, program supplies, and specialized staff cost category. The rules shall establish a process for determining the combined maximum amount that may be attributed to the facility and general services cost category and the administration cost category.

(I)(1) A contract's total adjusted predicted funding need is the contract's total predicted funding need with adjustments made for the following:

(a) Inflation, as provided under division (I)(2) of this section;

(b) The predicted cost of complying with new requirements established under federal or state law that were not taken into consideration when the total predicted funding need was computed;

(c) Changes in needs based on revised assessments submitted by the contractor.

(2) In adjusting the total predicted funding need for inflation, the department shall use either the consumer price index compound annual inflation rate calculated by the United States department of labor for all items or another index or measurement of inflation designated in rules that the department shall adopt in accordance with Chapter 119. of the Revised Code.

When a contract is being renewed for the first time, and the contract is to begin on the first day of July, the inflation adjustment applied to the contract's total predicted funding need shall be the estimated rate of inflation for the calendar year in which the contract is renewed. If the consumer price index is being used, the department shall base its estimate on the rate of inflation calculated for the three-month period ending the thirty-first day of March of that calendar year. If another index or measurement is being used, the department shall base its estimate on the most recent calculations of the rate of inflation available under the index or measurement. Each year thereafter, the inflation adjustment shall be estimated in the same manner, except that if the estimated rate of inflation for a year is different from the actual rate of inflation for that year, the difference shall be added to or subtracted from the rate of inflation estimated for the next succeeding year.

If a contract begins at any time other than July first, the inflation adjustment applied to the contract's total predicted funding need shall be determined by a method comparable to that used for contracts beginning July first. The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing the method to be used.

(J) A contract's unmet funding need is the difference between the payment amount assigned to the contract and the total adjusted predicted funding need, if the payment amount assigned is less than the total adjusted predicted funding need.

(K) The payment amount to be assigned to a contract being renewed shall be determined by comparing the total adjusted predicted funding need with the payment amount assigned to the current contract.

(1) If the payment amount assigned to the current contract equals or exceeds the total adjusted predicted funding need, the payment amount assigned to the renewed contract shall be the same as that assigned to the current contract, unless a reduction is made pursuant to division (L) of this section.

(2) If the payment amount assigned to the current contract is less than the total adjusted predicted funding need, the payment amount assigned to the renewed contract shall be increased if the department determines that funds are available for such increases. The amount of a contract's increase shall be the same percentage of the available funds that the contract's unmet funding need is of the total of the unmet funding need for all contracts.

(L) When renewing a contract provided for in division (B) of this section other than a companion home contract, the department may reduce the payment amount assigned to a renewed contract if the sum of the contractor's allowable reported costs and the maximum efficiency incentive is less than ninety-one and one-half per cent of the amount received pursuant to this section during the immediately preceding contract year.

The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a formula to be used in computing the maximum efficiency incentive, which shall be at least four per cent of the weighted average payment amount to be made to all contractors during the contract year. The maximum efficiency incentive shall be computed annually.

(M) The department may increase the payment amount assigned to a contract based on the contract's unmet funding need at times other than when the contract is renewed. The department may develop policies for determining priorities in making such increases.

(N)(1) In addition to the contracts provided for in division (B) of this section, the department may enter into the following contracts:

(a) A contract to pay the cost of beginning operation of a new home that is to be funded under a companion home contract, agency-operated companion home contract, community home contract, or combined agency-operated companion home and community home contract.

(b) A contract to pay the cost associated with increasing the number of individuals served by a home funded under a companion home contract, agency-operated companion home contract, community home contract, or combined agency-operated companion home and community home contract.

(2) The department shall adopt rules as necessary regarding contracts entered into under this division. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

(O) Except for companion home contracts, the department shall conduct a reconciliation of the amount earned under a contract and the actual costs incurred by the contractor. An amount is considered to have been earned for delivering a service at the time the service is delivered. The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures for conducting reconciliations.

A reconciliation shall be based on the annual cost report submitted by the contractor. If a reconciliation reveals that a contractor owes money to the state, the amount owed shall be collected in accordance with section 5123.183 5123.051 of the Revised Code.

When conducting reconciliations, the department shall review all reported costs that may be affected by transactions required to be reported under division (B)(3) of section 5123.172 of the Revised Code. If the department determines that such transactions have increased the cost reported by a contractor, the department may disallow or adjust the cost allowable for payment. The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for disallowances or adjustments.

(P) The department may audit the contracts it enters into under this section. Audits may be conducted by the department or an entity with which the department contracts to perform the audits. The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing procedures for conducting audits.

An audit may include the examination of a contractor's financial books and records, the costs incurred by a contractor in providing residential services, and any other relevant information specified by the department. An audit shall not be commenced more than four years after the expiration of the contract to be audited, except in cases where the department has reasonable cause to believe that a contractor has committed fraud.

If an audit reveals that a contractor owes money to the state, the amount owed, subject to an adjudication hearing under this division, shall be collected in accordance with section 5123.183 5123.051 of the Revised Code. If an audit reveals that a reconciliation conducted under this section resulted in the contractor erroneously paying money to the state, the department shall refund the money to the contractor, or, in lieu of making a refund, the department may offset the erroneous payment against any money determined as a result of the audit to be owed by the contractor to the state. The department is not required to pay interest on any money refunded under this division.

In conducting audits or making determinations of amounts owed by a contractor and amounts to be refunded or offset, the department shall not be bound by the results of reconciliations conducted under this section, except with regard to cases involving claims that have been certified pursuant to section 5123.183 5123.051 of the Revised Code to the attorney general for collection for which a full and final settlement has been reached or a final judgment has been made from which all rights of appeal have expired or been exhausted.

Not later than ninety days after an audit's completion, the department shall provide the contractor a copy of a report of the audit. The report shall state the findings of the audit, including the amount of any money the contractor is determined to owe the state.

Until November 9, 1996, a contractor may request that the department conduct an adjudication hearing concerning an audit report that states the contractor owes the state money. The contractor shall specify in the request the audit findings the contractor contests. At the contractor's request, the department shall conduct an adjudication hearing in accordance with Chapter 119. of the Revised Code. If a hearing officer rules in the department's favor on each audit finding that the contractor contests, the department may request the hearing officer to determine whether the request for the adjudication hearing was frivolous. If the hearing officer determines the request was frivolous, the contractor shall, notwithstanding section 119.09 of the Revised Code, pay the fees and expenses charged or incurred by the hearing officer and court reporter in conducting the adjudication hearing.

No contractor may request an adjudication hearing after November 9, 1996. An adjudication hearing requested before November 9, 1996, may proceed after November 9, 1996.

(Q) The department shall adopt rules specifying the amount that will be allowed under a reconciliation or audit for the cost incurred by a contractor for compensation of owners, administrators, and other personnel. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

(R) Each contractor shall, for at least seven years, maintain fiscal records related to payments received pursuant to this section.

(S) The department may enter into shared funding agreements with other government agencies to fund contracts entered into under this section. The amount of each agency's share of the cost shall be determined through negotiations with the department. The department's share shall not exceed the amount it would have paid without entering into the shared funding agreement, nor shall it be reduced by any amounts contributed by the other parties to the agreement.

(T) Except as provided in section 5123.194 of the Revised Code, an individual who receives residential services pursuant to divisions (A) through (U) of this section and the individual's liable relatives or guardians shall pay support charges in accordance with Chapter 5121. of the Revised Code.

(U) The department may make reimbursements or payments for any of the following pursuant to rules adopted under this division:

(1) Unanticipated, nonrecurring costs associated with the health or habilitation of a person who resides in a home funded under a contract provided for in division (B) of this section;

(2) The cost of staff development training for contractors if the director of mental retardation and developmental disabilities has given prior approval for the training;

(3) Fixed costs that the department, pursuant to the rules, determines relate to the continued operation of a home funded under a contract provided for in division (B) of this section when a short term vacancy occurs and the contractor has diligently attempted to fill the vacancy.

The department shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for use in determining which costs it may make payment or reimbursements for under this division.

(V) In addition to the rules required or authorized to be adopted under this section, the department may adopt any other rules necessary to implement divisions (A) through (U) of this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

(W) The department may delegate to county boards of mental retardation and developmental disabilities its authority under this section to negotiate and enter into contracts or subcontracts for residential services. In the event that it elects to delegate its authority, the department shall adopt rules in accordance with Chapter 119. of the Revised Code for the boards' administration of the contracts or subcontracts. In administering the contracts or subcontracts, the boards shall be subject to all applicable provisions of Chapter 5126. of the Revised Code and shall not be subject to the provisions of divisions (A) to (V) of this section.

Subject to the department's rules, a board may require the following to contribute to the cost of the residential services an individual receives pursuant to this division: the individual or the individual's estate, the individual's spouse, the individual's guardian, and, if the individual is under age eighteen, either or both of the individual's parents. Chapter 5121. of the Revised Code shall not apply to individuals or entities that are subject to making contributions under this division. In calculating contributions to be made under this division, a board, subject to the department's rules, may allow an amount to be kept for meeting the personal needs of the individual who receives residential services.

Sec. 5126.081. (A) In addition to the rules adopted under division (A)(2) of section 5126.08 of the Revised Code establishing standards for the administration, provision, arrangement, and operation of programs and services by county boards of mental retardation and developmental disabilities, the department of mental retardation and developmental disabilities shall establish a system of accreditation for county boards of mental retardation and developmental disabilities to ensure that the boards are in compliance with federal and state statutes and rules. The department shall establish uniform standards for the accreditation system in ADOPT rules that shall be adopted in accordance with Chapter 119. of the Revised Code GOVERNING THE SYSTEM OF ACCREDITATION. The rules shall include appropriate timelines for compliance when a board is found to be not in compliance and appropriate actions to be taken by boards in complying with the accreditation standards REQUIREMENTS.

(B) Prior to accrediting a board, the department shall conduct a comprehensive, on-site review of the board. During the review, the department shall document the board's compliance with the department's accreditation standards REQUIREMENTS. After completing the review, the department shall conduct an exit conference with the president of the board, the superintendent of the board, and any other officials the board asks to have present. The department shall discuss its findings from the review with the board's representatives and provide a written report of its findings not later than thirty days following the exit conference. If the department finds that the board is in compliance with the standards REQUIREMENTS for accreditation, the department shall issue evidence of accreditation to the board.

Accreditation may be granted for periods of up to five years and may be renewed. Not less than once prior to the date a board's accreditation is scheduled to expire, the department shall conduct a comprehensive, on-site review of the board.

Each board shall conduct an annual audit of itself to evaluate its compliance with the standards REQUIREMENTS for accreditation. The department may conduct an interim review of any new program or service initiated by a board after its last comprehensive review. The department may conduct other reviews and investigations as necessary to enforce this section.

(C) If the department determines through its review of a board that the board is not in compliance with the standards REQUIREMENTS for accreditation, the department shall, except as provided in division (F) of this section, grant the board an opportunity to correct the matters in which it is not in compliance. The department shall grant the board an appropriate length of time to comply with the standards REQUIREMENTS prior to taking any action to deny accreditation to the board. To avoid denial of accreditation, the board superintendent shall prepare a plan of correction to remediate the matters specified in the department's written report as not being in compliance with the standards REQUIREMENTS for accreditation. The superintendent shall submit the plan to the board for review and the board shall review the plan. If the board believes that the plan is sufficient to correct the matters, the board shall approve the plan by resolution and submit the plan to the department for its review. The department shall review the plan of correction. If the department approves the plan, the board shall commence action to implement the plan. The department shall, as necessary, conduct follow-up reviews of the board to determine whether it has met the standards REQUIREMENTS for accreditation. If the plan of correction submitted by a board is disapproved, the department shall inform the board of the reasons for disapproval and may grant the board an opportunity to submit a revised plan of correction.

A board may request technical assistance from the department, other boards, or professional organizations in preparing plans of correction and in implementing plans of correction.

(D) If, after being given the opportunity to implement a plan of correction, a board continues to fail to meet the standards REQUIREMENTS for accreditation, the department shall issue an order denying accreditation to the board. The department may deny accreditation to the board for all or part of the programs or services offered by the board.

The department shall simultaneously notify all of the following officials in the county: the members of the board of county commissioners, the probate judge, the county auditor, and the president and superintendent of the county board of mental retardation and developmental disabilities. The notice shall identify the programs and services that have been denied accreditation, the matters in REQUIREMENTS FOR ACCREDITATION WITH which the board is not in compliance with the standards for accreditation, and the responsibilities of the county officials to contract under division (E)(1) of this section to have the BOARD'S programs and services administered by another party or become subject to administrative receivership under division (E)(2) of this section.

A board that has been denied accreditation is not eligible to receive, for the programs and services that are the subject of the denied accreditation, any state or federal funds in an amount that exceeds the amount the board received for the programs and services immediately prior to the date on which the department determined that the board does not meet the standards for accreditation.

(E)(1) When a board is denied accreditation, the department shall first give the board the option of contracting to have the BOARD'S programs and services that were denied accreditation administered by an accredited county board of mental retardation and developmental disabilities or another qualified entity subject to the approval of the department. The board may contract with more than one board that has been accredited. When a board enters into a contract, the board shall, by resolution, give the contractor full administrative authority over the programs and services that were denied accreditation THE CONTRACTOR IS TO ADMINISTER.

(2) If a board fails to exercise its option of entering into a contract under division (E)(1) of this section sooner than thirty days after the department denies accreditation, the department shall appoint an administrative receiver of the BOARD'S programs and services that were denied accreditation. The department may appoint employees of the department, management personnel from county boards of mental retardation and developmental disabilities, or individuals from other entities as necessary to meet its needs for appointing an administrative receiver, except that individuals from other entities may be appointed only when qualified department employees or board management personnel are unavailable. The department may not appoint an individual who is employed by or affiliated with an entity that is under contract with the board. The administrative receiver shall assume full administrative responsibility for the BOARD'S programs and services that were denied accreditation.

(3) The board or entity that contracts with a board under division (E)(1) of this section, or the administrative receiver appointed under division (E)(2) of this section, shall develop and implement a plan of correction to remediate the matters that caused the department to deny accreditation. The contractor or administrative receiver shall submit the plan to the department and the department shall review the plan. If the plan is approved by the department, the contractor or administrative receiver shall commence action to implement the plan. The contractor or administrative receiver shall report to the department any findings it can make pertaining to issues or circumstances that are beyond the control of the board and result in the unlikelihood that compliance with the standards REQUIREMENTS for accreditation can be achieved unless the issues or circumstances are remediated.

(4) For purposes of divisions (E)(1) and (2) of this section, the department shall require the board that has been denied accreditation to transfer control of state and federal funds it is eligible to receive for the BOARD'S programs and services that have been denied accreditation in an amount necessary for the contractor or administrative receiver to fulfill its duties in administering the programs and services for the board. The transfer of control of funds does not cause any programs and services of the board that are accredited to lose their accreditation. If the board refuses to transfer control of funds, the department may withhold state and federal funds from the board in an amount necessary for the contractor or administrative receiver to fulfill its duties. The amount transferred or withheld from a board shall include reimbursements for the personnel of the contractor or administrative receiver, including amounts for time worked, travel, and related expenses.

A contractor or administrative receiver that has assumed the administration of a board's programs and services has the right to authorize the payment of bills in the same manner that a board may authorize payment of bills under this chapter and section 319.16 of the Revised Code.

(F) When the department's review of a board reveals serious health and safety issues within the programs and services offered by the board, the department shall order the board to correct the violations immediately or appoint an administrative receiver.

(G) At any time a board can demonstrate that it is capable of assuming its duties in compliance with the department's standards REQUIREMENTS for accreditation, the department shall reverse its order denying accreditation and issue evidence of accreditation to the board.

A board may appeal the department's denial of accreditation or refusal to reverse a denial of accreditation only by filing a complaint under section 5123.043 of the Revised Code. If in its appeal the board can demonstrate that it is capable of assuming its duties in compliance with the department's standards REQUIREMENTS for accreditation, the department shall reverse its order denying accreditation and shall issue evidence of accreditation to the board.

(H) All notices issued to a board by the department under this section shall be delivered to the board's president and superintendent.

(I) A board's president may designate another member of the board as the individual to be responsible for fulfilling all or part of the president's responsibilities established under this section.

Sec. 5126.082. (A) In addition to the rules adopted under division (A)(2) of section 5126.08 of the Revised Code establishing standards to be followed by county boards of mental retardation and developmental disabilities in administering, providing, arranging, and operating programs and services and in addition to the board accreditation system established under section 5126.081 of the Revised Code, the director of mental retardation and developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code establishing standards for promoting and advancing the quality of life of individuals with mental retardation and developmental disabilities receiving any of the following:

(1) Early childhood services pursuant to section 5126.05 of the Revised Code for children under age three;

(2) Adult services pursuant to section 5126.05 and division (B) of section 5126.051 of the Revised Code for individuals age sixteen or older;

(3) Family support services pursuant to section 5126.11 of the Revised Code.

(B) The rules adopted under this section shall specify the actions county boards of mental retardation and developmental disabilities and the agencies with which they contract should take to do the following:

(1) Offer individuals with mental retardation and developmental disabilities, and their families when appropriate, choices in programs and services that are centered on the needs and desires of those individuals;

(2) Maintain infants with their families whenever possible by collaborating with other agencies that provide services to infants and their families and taking other appropriate actions;

(3) Provide families that have children with mental retardation and developmental disabilities under age eighteen residing in their homes the resources necessary to allow the children to remain in their homes;

(4) Create and implement community employment services based on the needs and desires of adults with mental retardation and developmental disabilities;

(5) Create, in collaboration with other agencies, transportation systems that provide safe and accessible transportation within the county to individuals with disabilities;

(6) Provide services that allow individuals with disabilities to be integrated into the community by engaging in educational, vocational, and recreational activities with individuals who are not handicapped;

(7) Provide age-appropriate retirement services for individuals age sixty-five and older with mental retardation and developmental disabilities;

(8) Establish residential services and supported living for individuals with mental retardation and developmental disabilities in accordance with their needs.

(C) To assist in funding programs and services that meet the standards established under this section, each county board of mental retardation and developmental disabilities shall make a good faith effort to acquire available federal funds, including reimbursements under Title XIX of the "Social Security Act," 49 79 Stat. 620 (1935) 286 (1965), 42 U.S.C.A. 301 1396, as amended.

(D) Each county board of mental retardation and developmental disabilities shall work toward full compliance with the standards established under this section, based on its available resources. Funds received under this chapter shall be used to comply with the standards. Annually, each board shall submit a report to the department of mental retardation and developmental disabilities regarding CONDUCT A SELF AUDIT TO EVALUATE the board's progress in complying fully with the standards.

(E) The department shall complete a program quality review of each county board of mental retardation and developmental disabilities to determine the extent to which the board has complied with the standards. The review shall be conducted in conjunction with the comprehensive accreditation review of the board that is conducted under section 5126.081 of the Revised Code.

Notwithstanding any provision of this chapter or Chapter 5123. of the Revised Code requiring the department to distribute funds to county boards of mental retardation and developmental disabilities, the department may withhold funds from a board if it finds that the board is not in substantial compliance with the standards established under this section.

(F) When the standards for accreditation from the commission on accreditation of rehabilitation facilities, or another accrediting agency, meet or exceed the standards established under this section, the director may accept accreditation from the commission or other agency as evidence that the board is in compliance with all or part of the standards established under this section. Programs and services accredited by the commission or agency are exempt from the program quality reviews required by division (E) of this section.

Sec. 5126.252. NOTWITHSTANDING SECTIONS 5123.082, 5126.25, AND 5126.26 of the Revised Code, THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES MAY AUTHORIZE COUNTY BOARDS OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES TO ESTABLISH AND ADMINISTER IN THEIR COUNTIES PROGRAMS FOR THE CERTIFICATION AND REGISTRATION OF PERSONS FOR EMPLOYMENT BY THE BOARDS AND ENTITIES CONTRACTING WITH THE BOARDS. A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY A BOARD PARTICIPATING IN A PILOT PROJECT UNDER THIS SECTION SHALL HAVE THE SAME FORCE AND EFFECT AS A CERTIFICATE OR EVIDENCE OF REGISTRATION ISSUED BY THE DEPARTMENT UNDER SECTION 5123.082 OR 5126.25 of the Revised Code.

Sec. 5126.28. (A) As used in this section:

(1) "Applicant" means a person who is under final consideration for appointment or employment in a position with a county board of mental retardation and developmental disabilities.

(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.

(3) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(B) The superintendent of a county board of mental retardation and developmental disabilities shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check with respect to any applicant who has applied to the board for employment in any position, except that a county board superintendent is not required to request a criminal records check for an employee of the board who is being considered for a different position or is returning after a leave of absence or seasonal break in employment, as long as the superintendent has no reason to believe that the employee has committed any of the offenses listed or described in division (E) of this section.

If the applicant does not present proof that the applicant has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested, the county board superintendent shall request that the superintendent of the bureau obtain information from the federal bureau of investigation as a part of the criminal records check for the applicant. If the applicant presents proof that the applicant has been a resident of this state for that five-year period, the county board superintendent may request that the superintendent of the bureau include information from the federal bureau of investigation in the criminal records check. For purposes of this division, an applicant may provide proof of residency in this state by presenting, with a notarized statement asserting that the applicant has been a resident of this state for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the applicant's permanent residence, or any other document the superintendent considers acceptable.

(C) The county board superintendent shall provide to each applicant a copy of the form prescribed pursuant to division (C)(2)(1) of section 109.572 of the Revised Code, provide to each applicant a standard impression sheet ANY MATERIAL NEEDED to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code, obtain the completed form and impression sheet MATERIAL from each applicant, and forward the completed form and impression sheet MATERIAL to the superintendent of the bureau of criminal identification and investigation at the time the criminal records check is requested.

Any applicant who receives pursuant to this division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of an impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the impression sheet MATERIAL with the impressions of the applicant's fingerprints. If an applicant, upon request, fails to provide the information necessary to complete the form or fails to provide impressions of the applicant's fingerprints, the county board superintendent shall not employ that applicant.

(D) A county board superintendent may request any other state or federal agency to supply the board with a written report regarding the criminal record of each applicant. With regard to an applicant who becomes a board employee, if the employee holds an occupational or professional license or other credentials, the superintendent may request that the state or federal agency that regulates the employee's occupation or profession supply the board with a written report of any information pertaining to the employee's criminal record that the agency obtains in the course of conducting an investigation or in the process of renewing the employee's license or other credentials.

(E) Except as provided in division (K)(2) of this section and in rules adopted by the department of mental retardation and developmental disabilities in accordance with division (M) of this section, no county board of mental retardation and developmental disabilities shall employ a person to fill a position with the board who has been convicted of or pleaded guilty to any of the following:

(1) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 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 have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation occurred prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(2) A felony contained in the Revised Code that is not listed in this division, if the felony bears a direct and substantial relationship to the duties and responsibilities of the position being filled;

(3) A violation of an existing or former MUNICIPAL ORDINANCE OR law of this state, any other state, or the United States, if the offense is substantially equivalent to any of the offenses described in division (E)(1) or (2) of this section.

(F) Prior to employing an applicant, the county board superintendent shall require the applicant to submit a statement with the applicant's signature attesting that the applicant has not been convicted of or pleaded guilty to any of the offenses described in division (E) of this section. The superintendent also shall require the applicant to sign an agreement under which the applicant agrees to notify the superintendent if while employed by the board the person APPLICANT is ever formally charged for any of the offenses listed or described in division (E) of this section. The agreement shall inform the applicant that failure to report formal charges may result in being dismissed from employment.

(G) A county board of mental retardation and developmental disabilities shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(2)(3) of section 109.572 of the Revised Code for each criminal records check requested and conducted pursuant to this section.

(H)(1) Any report obtained pursuant to this section is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the applicant who is the subject of the records check or criminal records check or the applicant's representative, the board requesting the records check or criminal records check or its representative, the department of mental retardation and developmental disabilities, and any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment to the applicant or the denial, suspension, or revocation of a certificate or evidence of registration under section 5126.25 of the Revised Code.

(2) An individual for whom a county board superintendent has obtained reports under this section may submit a written request to the county board to have copies of the reports sent to any state agency, entity of local government, or private entity. The individual shall specify in the request the entities to which the copies are to be sent. On receiving the request, the county board shall send copies of the reports to the entities specified.

A county board may request that a state agency, entity of local government, or private entity send copies to the board of any report regarding a records check or criminal records check that the entity possesses, if the county board obtains the written consent of the individual who is the subject of the report.

(I) Each county board superintendent shall request the registrar of motor vehicles to supply the superintendent with a certified abstract regarding the record of convictions for violations of motor vehicle laws of each applicant who will be required by the applicant's employment to transport individuals with mental retardation or developmental disabilities or to operate the board's vehicles for any other purpose. For each abstract provided under this section, the board shall pay the amount specified in section 4509.05 of the Revised Code.

(J) The county board superintendent shall provide each applicant with a copy of any report or abstract obtained about the applicant under this section. The AT THE REQUEST OF THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, THE superintendent also shall provide the department of mental retardation and developmental disabilities DIRECTOR with a copy of each A report or abstract obtained under this section.

(K)(1) The county board superintendent shall inform each person, at the time of the person's initial application for employment, that the person is required to provide a set of impressions of the person's fingerprints and that a criminal records check is required to be conducted and satisfactorily completed in accordance with section 109.572 of the Revised Code if the person comes under final consideration for appointment or employment as a precondition to employment for that position.

(2) A board may employ an applicant pending receipt of reports requested under this section. The board shall terminate employment of any such applicant if it is determined from the reports that the applicant failed to inform the county board that the applicant had been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of this section.

(L) The board may charge an applicant a fee for costs it incurs in obtaining reports, abstracts, or fingerprint impressions under this section. A fee charged under this division shall not exceed the amount of the fees the board pays under divisions (G) and (I) of this section. If a fee is charged under this division, the board shall notify the applicant of the amount of the fee at the time of the applicant's initial application for employment and that unless the fee is paid, the board will not consider the applicant for employment.

(M) The department of mental retardation and developmental disabilities shall adopt rules pursuant to Chapter 119. of the Revised Code to implement this section and section 5126.281 of the Revised Code, including rules specifying circumstances under which a county board or contracting entity may hire a person who has been convicted of an offense listed or described in division (E) of this section but who meets standards in regard to rehabilitation set by the department.

Sec. 5126.281. (A) As used in this section, "contracting:

(1) "CONTRACTING entity" means an entity under contract with a county board of mental retardation and developmental disabilities for the provision of direct SPECIALIZED services to individuals with mental retardation or a developmental disability.

(2) "DIRECT SERVICES POSITION" MEANS AN EMPLOYMENT POSITION IN WHICH THE EMPLOYEE HAS PHYSICAL CONTACT WITH, THE OPPORTUNITY TO BE ALONE WITH, OR EXERCISES SUPERVISION OR CONTROL OVER ONE OR MORE INDIVIDUALS WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY.

(3) "SPECIALIZED SERVICES" MEANS ANY PROGRAM OR SERVICE DESIGNED AND OPERATED TO SERVE PRIMARILY INDIVIDUALS WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY, INCLUDING A PROGRAM OR SERVICE PROVIDED BY AN ENTITY LICENSED OR CERTIFIED BY THE DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES. IF THERE IS A QUESTION AS TO WHETHER A CONTRACTING ENTITY IS PROVIDING SPECIALIZED SERVICES, THE CONTRACTING ENTITY MAY REQUEST THAT THE DIRECTOR OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES MAKE A DETERMINATION. THE DIRECTOR'S DETERMINATION IS FINAL.

(B) Each (1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS SECTION, EACH contracting entity shall conduct background investigations in the same manner county boards conduct investigations under section 5126.28 of the Revised Code of all persons under final consideration for employment with the contracting entity in a DIRECT SERVICES position that involves providing services directly to individuals with mental retardation or a developmental disability, except that a contracting entity is not required to request a criminal records check for a direct services employee of the entity who is being considered for a different direct services position or is returning after a leave of absence or seasonal break in employment, as long as the contracting entity has no reason to believe that the employee has committed any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. On request, the county board shall assist a contracting entity in obtaining reports from the bureau of criminal identification and investigation or any other state or federal agency and in obtaining abstracts from the registrar of motor vehicles.

(2) A CONTRACTING ENTITY IS NOT REQUIRED TO REQUEST A CRIMINAL RECORDS CHECK FOR EITHER OF THE FOLLOWING:

(a) AN EMPLOYEE OF THE ENTITY WHO IS IN A DIRECT SERVICES POSITION AND BEING CONSIDERED FOR A DIFFERENT DIRECT SERVICES POSITION OR IS RETURNING AFTER A LEAVE OF ABSENCE OR SEASONAL BREAK IN EMPLOYMENT, AS LONG AS THE CONTRACTING ENTITY HAS NO REASON TO BELIEVE THAT THE EMPLOYEE HAS COMMITTED ANY OF THE OFFENSES LISTED OR DESCRIBED IN DIVISION (E) OF SECTION 5126.28 OF THE REVISED CODE;

(b)A PERSON WHO WILL PROVIDE ONLY RESPITE CARE UNDER A FAMILY SUPPORT SERVICES PROGRAM ESTABLISHED UNDER SECTION 5126.11 OF THE REVISED CODE, IF THE PERSON IS SELECTED BY A FAMILY MEMBER OF THE INDIVIDUAL WITH MENTAL RETARDATION OR A DEVELOPMENTAL DISABILITY WHO IS TO RECEIVE THE RESPITE CARE.

(C) No contracting entity shall place a person in a DIRECT SERVICES position that involves providing services directly to individuals with mental retardation or a developmental disability if the person has been convicted of or pleaded guilty to any offense listed or described in division (E) of section 5126.28 of the Revised Code, unless the person meets the standards for rehabilitation established by rules adopted under section 5126.28 of the Revised Code.

(D) A contracting entity may place a person in a DIRECT SERVICES position that involves providing services directly to an individual with mental retardation or a developmental disability pending receipt of information concerning the person's background investigation from the bureau of criminal identification and investigation, the registrar of motor vehicles, or any other state or federal agency if the person submits to the contracting entity a statement with the person's signature that the person has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. No contracting entity shall fail to terminate the placement of such person if the contracting entity is informed that the person has been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code.

(E) Prior to employing a person in a direct services position, the contracting entity shall require the person to submit a statement with the applicant's signature attesting that the applicant has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The contracting entity also shall require the person to sign an agreement to notify the contracting entity if while employed by the entity the person is ever formally charged for any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The agreement shall inform the person that failure to report formal charges may result in being dismissed from employment.

(F) A county board may take appropriate action against a contracting entity that violates this section, including terminating the contracting entity's contract with the board.

A contractor is not required to repay the Department of Mental Retardation and Developmental Disabilities the amount the contractor received from the Department pursuant to a retroactive rate increase the Department issued in April 1997. If, prior to the effective date of this act, a contractor repaid the Department the amount it received pursuant to that retroactive rate increase, the Department shall return the payment to the contractor. Neither that retroactive rate increase nor a payment the Department returns to a contractor under this section is an amount payable to the state for the purpose of section 131.02 of the Revised Code or subject to a reconciliation under division (O) of section 5123.18 of the Revised Code.