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As Reported by House State Government Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 538 |
REPRESENTATIVES CALVERT-CLANCY
A BILL
To amend sections 109.57, 109.572, 109.58, 109.59, 109.60, 173.41, 2151.86,
3301.32, 3301.541, 3301.88, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
5104.012, 5104.013, 5123.01,
5123.02, 5123.041, 5123.042, 5123.05, 5123.082, 5123.09, 5123.092, 5123.11,
5123.17, 5123.18, 5123.181, 5123.183, 5123.19, 5123.21, 5123.27, 5123.34,
5123.351, 5123.353, 5123.55, 5123.62,
5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 5123.93, 5126.02, 5126.023,
5126.042,
5126.044, 5126.081, 5126.082, 5126.12, 5126.13, 5126.28, 5126.281, 5126.357,
and
5153.111; 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, 5123.16, 5123.231, 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 and the law governing criminal records checks
conducted by the Bureau of Criminal Identification and Investigation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.57, 109.572, 109.58, 109.59, 109.60, 173.41,
2151.86,
3301.32, 3301.541, 3301.88, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
5104.012, 5104.013, 5123.01,
5123.02, 5123.041, 5123.042, 5123.05, 5123.082, 5123.09, 5123.092, 5123.11,
5123.17, 5123.18, 5123.181, 5123.183, 5123.19, 5123.21, 5123.27, 5123.34,
5123.351, 5123.353, 5123.55, 5123.62,
5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 5123.93, 5126.02, 5126.023,
5126.042,
5126.044, 5126.081, 5126.082, 5126.12, 5126.13, 5126.28, 5126.281, 5126.357,
and
5153.111 be amended;
sections 5123.05 (5123.06) and 5123.183 (5123.051) be amended for the purpose
of adopting new section numbers as indicated in parentheses;
and new sections 5123.05, 5123.081, and 5126.252
of the Revised Code be enacted to read as follows:
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 ANY information
exists
and, upon request of the person, board, or entity requesting
information, also shall request from the federal bureau of
investigation any FINGERPRINT-BASED 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 FINGERPRINT-BASED 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 ANY information
exists
and, on request of the administrator requesting information,
shall also request from the federal bureau of investigation any
FINGERPRINT-BASED 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
FINGERPRINT-BASED 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, AND SHALL FORWARD AS
PROVIDED IN DIVISION (A)(7) OF THIS SECTION THE RESULTS OF THE
CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR ENTITY THAT REQUESTED
INFORMATION FOR USE UNDER SECTION 2151.86, 3301.32, 3301.541, 3319.39,
5104.012, 5104.013, OR 5153.111 OF THE REVISED CODE IN
DETERMINING WHETHER OR NOT THAT SECTION'S DISQUALIFICATION PROVISIONS
APPLY:
(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, AND SHALL FORWARD AS
PROVIDED IN DIVISION (A)(7) OF THIS
SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR
ENTITY THAT REQUESTED INFORMATION FOR USE UNDER SECTION 5123.081, 5126.08, OR
5126.281 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT
THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:
(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, AND SHALL FORWARD AS PROVIDED IN DIVISION
(A)(7) OF THIS
SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR
ENTITY THAT REQUESTED INFORMATION FOR USE UNDER SECTION 173.41, 3712.09,
3721.121, OR
3722.151 OF THE REVISED CODE IN DETERMINING WHETHER OR NOT
THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:
(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, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7)
OF THIS
SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR
ENTITY THAT REQUESTED INFORMATION FOR USE UNDER SECTION 3701.881
OF THE REVISED CODE IN DETERMINING WHETHER OR NOT
THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:
(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, AND SHALL FORWARD AS PROVIDED IN DIVISION (A)(7)
OF THIS
SECTION THE RESULTS OF THE CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR
ENTITY THAT REQUESTED INFORMATION FOR USE UNDER SECTION 3701.881
OF THE REVISED CODE IN DETERMINING WHETHER OR NOT
THAT SECTION'S DISQUALIFICATION PROVISIONS APPLY:
(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, BOARD, OR ENTITY
THAT 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, BOARD, OR ENTITY THAT 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 RESULTS OF THE CRIMINAL RECORDS CHECK FOR USE
BY THE PERSON, BOARD, OR ENTITY IN DETERMINING WHETHER OR NOT DISQUALIFICATION
PROVISIONS UNDER AN APPLICABLE SECTION OF THE REVISED CODE
APPLY.
(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
FINGERPRINT-BASED information from
the federal bureau of investigation AND THE CRIMINAL RECORDS CHECK
REQUESTED IS MANDATED BY A SECTION OF THE REVISED CODE,
the superintendent shall request from the federal bureau of
investigation any FINGERPRINT-BASED 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. THE FORM THAT THE SUPERINTENDENT
PRESCRIBES UNDER THIS DIVISION MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC
FORMAT, OR IN BOTH TANGIBLE FORMATS AND ELECTRONIC FORMATS.
(2) The superintendent shall prescribe standard impression
sheets OR OTHER METHODS 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 OR OF ANY PERSON FOR WHOM ANY OTHER CRIMINAL RECORDS CHECK IS
REQUESTED OF THE SUPERINTENDENT FOR EMPLOYMENT OR LICENSING PURPOSES.
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 OR
BY ANOTHER METHOD
prescribed by the superintendent. The office, department, or
entity may charge the person a reasonable fee for making the
impressions. THE STANDARD IMPRESSION SHEETS OR OTHER METHODS THAT THE
SUPERINTENDENT PRESCRIBES UNDER THIS DIVISION FOR OBTAINING FINGERPRINT
IMPRESSIONS MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH
TANGIBLE AND ELECTRONIC FORMATS.
(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 THE RESULTS OF A CRIMINAL RECORDS CHECK WITH
RESPECT TO A PARTICULAR PERSON that is made by the superintendent with
respect
to information considered in a criminal records check in
accordance with this section is ARE 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 RESULTS ARE FORWARDED UNDER DIVISION (A)(1),
(2), (3), (4), OR (5) OF THIS SECTION TO THE PERSON, BOARD, OR ENTITY THAT
REQUESTED THE CRIMINAL RECORDS CHECK FOR USE IN DETERMINING WHETHER OR NOT
DISQUALIFICATION PROVISIONS UNDER AN APPLICABLE SECTION OF THE
REVISED CODE APPLY. During the period in which the
determination in
regard to a person is valid, if IF, WITHIN THAT ONE-YEAR
PERIOD, 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 RESULTS OF THAT PERSON'S initial
determination CRIMINAL RECORDS CHECK TO THE PERSON, BOARD, OR ENTITY
THAT REQUESTED THE SUBSEQUENT CRIMINAL RECORDS CHECK 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. 109.58. (A) The superintendent of the bureau of criminal
identification and investigation shall prepare standard
impression sheets on which fingerprints may be made in accordance
with the fingerprint system of identification. The impression sheets may
provide for other descriptive matter that the superintendent may
prescribe. The superintendent shall furnish the impression sheets
to each sheriff, chief
of police, and person in charge of 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 within the state. Upon the request of the board
of education of a school district or of the principal or chief
administrative officer of a nonpublic school, the superintendent
shall provide standard impression sheets to the district or
school for use in their fingerprinting programs under section
3313.96 of the Revised Code.
(B) THE SUPERINTENDENT ALSO MAY PRESCRIBE PURSUANT TO DIVISION
(C)(2) OF SECTION 109.572 OF THE REVISED CODE
METHODS FOR CAPTURING, ENTERING, AND TRANSMITTING FINGERPRINT IMPRESSIONS AND
OTHER DESCRIPTIVE INFORMATION IN AN ELECTRONIC FORMAT.
Sec. 109.59. The sheriff, chief of police, or other person in charge of
each
prison A JAIL, workhouse, OTHER FACILITY OR HOUSE, or
state correctional institution LISTED IN SECTION 109.58 OF THE
REVISED CODE shall send to the bureau
of
criminal identification and investigation, on forms STANDARD
IMPRESSION SHEETS furnished by, OR BY ELECTRONIC OR OTHER
METHODS PRESCRIBED PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF
THE REVISED CODE BY, the
superintendent of the bureau, any fingerprint impressions and other
descriptive measurements INFORMATION that the superintendent may
require. The
information shall be filed, classified, and preserved by the bureau.
Sec. 109.60. (A)(1) The sheriffs of the several counties and the
chiefs of police of cities, immediately upon the arrest of
any person for any felony, on suspicion of any felony, for a
crime constituting a misdemeanor on the first offense and a
felony on subsequent offenses, or for any misdemeanor described in
division (A)(1)(a) of section 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child under
eighteen
years of age for committing an act
that would be a felony or an offense of violence
if committed by an adult or upon probable cause to believe
that a child of that
age may have committed an act that would be a
felony or
an offense of violence if committed by an adult, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by A METHOD THAT the
superintendent of
the bureau of criminal identification and investigation, PRESCRIBES
PURSUANT TO DIVISION (C)(2) OF SECTION 109.572 OF THE
REVISED CODE and immediately
shall
forward OR TRANSMIT copies of the completed forms,
FINGERPRINT IMPRESSIONS AND
any other description DESCRIPTIVE INFORMATION that may be
required, and
the history of the offense
committed
to the bureau to be classified and filed and to the clerk of the court
having jurisdiction over the prosecution of the offense or over the
adjudication relative to the act.
(2) If a sheriff or chief of police
has not taken, or caused to be taken, a person's or child's
fingerprints in accordance with division
(A)(1) of this section by the time of the
arraignment or first appearance of the person or child, the
court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the
person's or child's fingerprints taken. The sheriff or
chief of police shall take the person's or child's fingerprints,
or cause the fingerprints to be taken, according to the fingerprint
system of identification on the forms furnished by A METHOD THAT
the
superintendent of the bureau of criminal identification and
investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION
109.572 OF THE REVISED CODE and, immediately after the
person's or
child's arraignment or first appearance, forward OR TRANSMIT copies of
the completed
forms, FINGERPRINT IMPRESSIONS AND any
other description DESCRIPTIVE INFORMATION that may be
required, and the history of
the offense committed to the bureau to be classified and
filed and to the clerk of the court.
(3) Every court with jurisdiction over a case involving a person or child
with respect to whom division (A)(1) of this section
requires a
sheriff or chief of police to take the person's or child's fingerprints shall
inquire at the time of the person's or child's sentencing or
adjudication whether or not the person or child has been
fingerprinted pursuant to division
(A)(1) or (2) of this section
for the original arrest upon which the sentence or adjudication
is based. If the person or child was not fingerprinted for
the original arrest upon which the sentence or adjudication is
based, the court shall order the person or child to appear before the
sheriff or chief of police within twenty-four hours to have the person's or
child's fingerprints taken. The sheriff or chief of police shall
take the person's or child's fingerprints, or cause the fingerprints to
be taken, according to the fingerprint system of identification
on the forms furnished by A METHOD THAT the superintendent of the
bureau of
criminal identification and investigation PRESCRIBES PURSUANT TO DIVISION
(C)(2) OF SECTION 109.572 OF THE REVISED CODE
and immediately
forward OR TRANSMIT copies of the completed forms,
FINGERPRINT IMPRESSIONS AND any other description DESCRIPTIVE
INFORMATION that
may be required, and the history of the offense committed
to the bureau to be classified and filed and to the clerk of the court.
(4) If a person or child is in the custody of a law
enforcement agency or a detention facility, as defined in
section 2921.01 of the Revised
Code, and the chief law
enforcement officer or chief administrative officer of the
detention facility discovers that a warrant has been issued or a
bill of information has been filed alleging the person or child to have
committed an offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or detention facility shall take the
fingerprints of the person or child, or cause the fingerprints to be taken,
according to the
fingerprint system of identification on the forms furnished by A METHOD
THAT
the superintendent of the bureau of criminal identification and
investigation PRESCRIBES PURSUANT TO DIVISION (C)(2) OF SECTION
109.572 OF THE REVISED CODE and immediately
forward OR TRANSMIT copies of the completed forms,
FINGERPRINT IMPRESSIONS AND any other description
that may be required, and the history of the offense
committed to the bureau to be classified and filed and to the clerk of the
court that issued the warrant or with which the bill of information was
filed.
(5) If an accused
is
found not guilty of the offense charged or a nolle prosequi is entered in any
case, or if any accused child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or an
offense of violence if committed by an adult or not
guilty of the felony or
offense of violence charged or a nolle prosequi is entered in that
case, the
fingerprints and description DESCRIPTIVE INFORMATION shall
be given to the accused upon the accused's request.
(6) The
superintendent
shall compare the description FINGERPRINT IMPRESSIONS AND
DESCRIPTIVE INFORMATION received with those FINGERPRINT
IMPRESSIONS AND DESCRIPTIVE INFORMATION already
on file in the bureau, and, if the superintendent finds that
the person arrested or taken
into custody has
a criminal record or a record as a delinquent child for having committed an
act that would be a felony or an offense of violence if
committed by an adult or is a
fugitive from justice or wanted by any
jurisdiction in this or another state, the
United States, or a
foreign country for any offense, the superintendent at once
shall inform the
arresting officer, the officer taking the person into
custody, or the chief administrative officer of the county,
multicounty, municipal, municipal-county, or multicounty-municipal jail or
workhouse, community-based correctional facility, halfway house, alternative
residential facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed by the superintendent.
(B) This section does not apply to a violator of a city
ordinance unless the officers have reason to believe that the violator is a
past offender or the crime is one constituting a
misdemeanor on the first offense and a felony on subsequent
offenses, or unless it is advisable for the purpose of subsequent
identification. This section does not apply to any child under
eighteen years of age who was not 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 or upon probable cause to believe
that a child of that
age may have
committed an act that would be a
felony or an
offense of violence if committed by an adult, except as provided in
section 2151.313 of the Revised Code.
Sec. 173.41. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a PASSPORT agency in a full-time,
part-time, or temporary
position that involves providing
direct care to an older adult.
"Applicant" does not include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in
section 109.572 of the Revised Code.
(3) "PASSPORT agency" means a public or private entity that
provides home and community-based services to older adults through the
PASSPORT program created under section
173.40 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a PASSPORT agency
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If an applicant for whom
a criminal records check request is required under this division does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested FINGERPRINT-BASED
information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain FINGERPRINT-BASED information from the federal
bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal
records check request is required under this division presents proof of
having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of investigation
in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant for whom a criminal records check request is
required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed ANY MATERIAL
NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet MATERIAL from the applicant;
(b) Forward OR TRANSMIT the completed form and impression sheet
MATERIAL to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet
MATERIAL under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the department
of aging in accordance with division (F) of this section and subject to
division (C)(2) of this section,
no PASSPORT agency shall employ a person in a
position that
involves providing direct care to an older adult if the person
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) 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 (C)(1)(a) of this section.
(2)(a) A PASSPORT agency may employ conditionally an
applicant
for whom a criminal records check request is required
under division (B) of this section prior to obtaining the results
of a criminal records
check regarding the individual, provided that the
agency shall request a criminal
records check regarding the individual in accordance with
division (B)(1) of this section not later than five business
days after the individual begins conditional employment.
In the circumstances described in division
(I)(2) of this section, a
PASSPORT agency may employ
conditionally an applicant who has been referred to the
PASSPORT agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A
PASSPORT agency that employs an
individual conditionally under authority of division
(C)(2)(a)
of this section
shall
terminate the individual's employment if the
results of the criminal records check request under division (B)
of this section or described in division (I)(2) of this section,
other than the results of any
request for FINGERPRINT-BASED information from the
federal bureau of investigation,
are not obtained within the period
ending sixty days after the date the request is made. Regardless
of when the results of the criminal records check are obtained,
if the results indicate that the
individual has been convicted of or pleaded guilty to any of the
offenses listed or described in division
(C)(1) of this section, the agency shall terminate the individual's
employment unless
the agency chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised Code if the individual makes any attempt to
deceive the agency about the individual's criminal record.
(D)(1) Each PASSPORT agency 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 conducted pursuant to a request made
under division (B) of this
section.
(2) A PASSPORT agency may charge an applicant a fee
not exceeding the amount the agency pays under division (D)(1)
of this section. An agency may collect a fee only if
both of the following apply:
(a) The agency notifies the person at the time of initial
application for
employment of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the
Revised Code
does not reimburse the agency the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's
representative;
(2) The chief administrator of the agency
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the PASSPORT agency;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant or dealing
with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section.
(F) The department of aging shall adopt rules in accordance
with
Chapter 119. of the Revised Code to implement this section. The rules shall
specify
circumstances under which a PASSPORT agency
may employ a person who has been convicted of or
pleaded guilty to an offense listed or described in division (C)(1) of
this section but meets personal character standards set by the
department.
(G) The chief administrator of a PASSPORT agency
shall inform each person, at the time of initial application
for a position that involves providing direct care to an older
adult, that the person is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the person comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
PASSPORT agency employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of a PASSPORT
agency is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the PASSPORT
agency chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
PASSPORT agency is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the agency by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter, the employment service had not
received the
results of the criminal records check, and that, when the employment service
receives the
results of the criminal records check, it promptly will send a
copy of the results to the
PASSPORT agency. If a
PASSPORT agency employs an
applicant conditionally in accordance with this division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the PASSPORT agency,
and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 2151.86. (A)(1) The appointing or hiring officer of
any entity that employs any person responsible for a child's care
in out-of-home care 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 entity for employment as a person responsible for
a child's care in out-of-home care. The administrative director
of any entity that designates a person as a prospective adoptive
parent or as a prospective foster parent shall request the
superintendent to conduct a criminal records check with respect
to that person. If the applicant, prospective adoptive parent,
or prospective foster parent does not present proof that the applicant or
prospective adoptive or foster parent 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 or does not provide evidence that within that
five-year period the superintendent has requested FINGERPRINT-BASED
information
about the applicant or prospective adoptive or foster parent from the federal
bureau of investigation in a criminal
records check, the appointing or hiring officer or administrative
director shall request that the superintendent obtain FINGERPRINT-BASED
information
from the federal bureau of investigation as a part of the
criminal records check. If the applicant, prospective adoptive
parent, or prospective foster parent presents proof that the applicant or
prospective adoptive or foster parent has been a resident of this state for
that five-year period, the
appointing or hiring officer or administrator may request that
the superintendent include FINGERPRINT-BASED information from the
federal bureau of
investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section
to request a criminal records check shall provide to each
applicant, prospective adoptive parent, or prospective foster
parent a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard impression
sheet to obtain fingerprint impressions prescribed ANY MATERIAL NEEDED
TO OBTAIN FINGERPRINT IMPRESSIONS pursuant to
division (C)(2) of THAT section 109.572 of the Revised Code,
obtain
the completed form and impression sheet MATERIAL from each
applicant,
prospective adoptive parent, or prospective foster parent, and
forward OR TRANSMIT the completed form and impression sheet
MATERIAL to the
superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section.
(3) Any applicant, prospective adoptive parent, or
prospective foster parent who receives pursuant to division
(A)(2) of this section 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 or
prospective adoptive or foster parent's fingerprints. If an applicant,
prospective adoptive parent, or
prospective foster parent, upon request, fails to provide the
information necessary to complete the form or fails to provide
impressions of the applicant's or prospective adoptive or foster parent's
fingerprints, the entity shall not employ that applicant for any position
for which a criminal records check is
required by division (A)(1) of this section
and shall not consider the prospective adoptive parent or prospective
foster parent as an adoptive parent or foster parent.
(B)(1) No entity shall employ a person as a person
responsible for a child's care in out-of-home care or permit a
person to become an adoptive parent or foster parent if the
person previously has been convicted of or pleaded guilty to any
of the following, unless the person meets rehabilitation standards
established in rules adopted under division (E) of this section:
(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, 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, 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;
(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 described in division (B)(1)(a) of this section.
(2) An out-of-home care entity may employ an applicant
conditionally until the criminal records check required by this
section is completed and the entity receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (B)(1) of this section,
the applicant does not qualify for employment, the entity shall
release the applicant from employment.
(C)(1) The out-of-home care entity 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 conducted in accordance with
that section upon a request pursuant to division (A)(1) of this
section.
(2) An out-of-home care entity may charge an applicant,
prospective adoptive parent, or prospective foster parent a fee
for the costs it incurs in obtaining a criminal records check
under this section. A fee charged under this division shall not
exceed the amount of fees the entity pays under division (C)(1)
of this section. If a fee is charged under this division, the
entity shall notify the applicant, prospective adoptive parent,
or prospective foster parent at the time of the person's initial
application for employment or for becoming an adoptive parent or
foster parent of the amount of the fee and that, unless the fee
is paid, the entity will not
consider the person for employment or as an
adoptive parent or foster parent.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A)(1) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
applicant, prospective adoptive parent, or prospective foster
parent who is the subject of the criminal records check or the applicant's or
prospective adoptive or foster parent's representative; the entity requesting
the criminal records check
or its representative; the department of job and
family services or
a county department of job and family services; 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 of
consideration as an adoptive parent or foster parent.
(E) The director of job and
family services shall
adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section. The rules shall include rehabilitation
standards a person who has been convicted
of or pleaded guilty to an offense listed in division (B)(1) of this
section must meet for an entity to employ the person as a person
responsible for a child's care in out-of-home care or permit the person to
become an adoptive parent or foster parent.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment with an entity
as a person responsible for a child's care in out-of-home care or
the person's initial application for becoming an adoptive parent or foster
parent, 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 or if the person is to be given final
consideration as an adoptive parent or foster parent.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment as a person
responsible for a child's care in out-of-home care.
(2) "Person responsible for a child's care in out-of-home
care" has the same meaning as in section 2151.011 of the Revised
Code, except that it does not include a prospective employee of
the department of youth services or a person responsible for a
child's care in a hospital or medical clinic other than a
children's hospital.
(3) "Children's hospital" means any of the following:
(a) A hospital registered under section 3701.07 of the
Revised Code that provides general pediatric medical and surgical
care, and in which at least seventy-five per cent of annual
inpatient discharges for the preceding two calendar years were
individuals less than eighteen years of age;
(b) A distinct portion of a hospital registered under
section 3701.07 of the Revised Code that provides general
pediatric medical and surgical care, has a total of at least one
hundred fifty registered pediatric special care and pediatric
acute care beds, and in which at least seventy-five per cent of
annual inpatient discharges for the preceding two calendar years
were individuals less than eighteen years of age;
(c) A distinct portion of a hospital, if the hospital is
registered under section 3701.07 of the Revised Code as a
children's hospital and the children's hospital meets all the
requirements of division (G)(3)(a) of this section.
(4) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(5) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
Sec. 3301.32. (A)(1) The chief administrator of any head
start agency 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 head start agency for employment as a person responsible for
the care, custody, or control of a child. 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 or does not provide
evidence that within that five-year period the superintendent has
requested FINGERPRINT-BASED information about the applicant from the
federal bureau
of investigation in a criminal records check, the chief
administrator shall request that the superintendent obtain
FINGERPRINT-BASED
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 chief administrator may
request that the superintendent include FINGERPRINT-BASED information
from the
federal bureau of investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section
to request a criminal records check 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 a standard impression sheet to obtain fingerprint
impressions prescribed AND ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT
IMPRESSIONS pursuant to division (C)(2) of THAT section
109.572 of the Revised Code, obtain the completed form and
impression sheet MATERIAL from each applicant, and forward OR
TRANSMIT the completed
form and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2)
of this section 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 sheets 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
head start agency shall not employ that applicant for any position for which
a criminal records check
is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the
director of job and family
services in accordance with division (E) of
this section, no head start agency shall employ a person as a
person responsible for the care, custody, or control of a child
if the person 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, 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;
(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 or violations described in division (B)(1)(a)
of this section.
(2) A head start agency may employ an applicant
conditionally until the criminal records check required by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (B)(1) of this section,
the applicant does not qualify for employment, the agency shall
release the applicant from employment.
(C)(1) Each head start agency 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 conducted in accordance with
that section upon the request pursuant to division (A)(1) of this
section of the chief administrator of the head start agency.
(2) A head start agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section. A fee charged under this division shall not exceed
the amount of fees the agency pays under division (C)(1) of this
section. If a fee is charged under this division, the agency
shall notify the applicant at the time of the applicant's initial
application
for employment of the amount of the fee and that, unless the fee
is paid, the head start agency will not consider the applicant for
employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A)(1) of this section is not a
public record for the 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 criminal records check or the
applicant's
representative, the head start agency requesting the criminal
records check or its representative, and any court, hearing
officer, or other necessary individual involved in a case dealing
with the denial of employment to the applicant.
(E) The director of job and
family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying circumstances under which a
head start agency may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the
director.
(F) Any person required by division (A)(1) of this section
to request a criminal records check 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.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
head start agency as a person responsible for the care, custody,
or control of a child.
(2) "Head start agency" has the same meaning as in section
3301.31 of the Revised Code.
(3) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as
in section 2925.01 of the Revised Code.
Sec. 3301.541. (A)(1) The director, head teacher,
elementary principal, or site administrator of a preschool
program 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 preschool program for
employment as a person responsible for the care, custody, or
control of a child. 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 or does not provide evidence that
within that five-year period the superintendent has requested
FINGERPRINT-BASED information about the applicant from the federal
bureau of investigation in
a criminal records check, the director, head teacher, or
elementary principal shall request that the superintendent obtain
FINGERPRINT-BASED 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, head teacher, or
elementary principal may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of investigation
in the
criminal records check.
(2) Any director, head teacher, elementary principal, or
site administrator
required by division (A)(1) of this section to request a criminal
records check 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 a standard impression
sheet AND ANY MATERIAL NEEDED to obtain fingerprint impressions
prescribed pursuant to
division (C)(2) of THAT section 109.572 of the Revised Code,
obtain
the completed form and impression sheet MATERIAL from each
applicant, and
forward OR TRANSMIT the completed form and impression sheet
MATERIAL to the
superintendent of the bureau of criminal identification and
investigation at the time the person requests a criminal records
check pursuant to division (A)(1) of this section.
(3) Any applicant who receives pursuant to division (A)(2)
of this section 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
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 preschool program
shall not employ that applicant for any position for which a criminal
records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the
department of education in accordance with division (E) of this
section, no preschool program shall employ a person as a person
responsible for the care, custody, or control of a child if the
person 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, 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;
(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 or violations described in division (B)(1)(a)
of this section.
(2) A preschool program may employ an applicant
conditionally until the criminal records check required by this
section is completed and the preschool program receives the
results of the criminal records check. If the results of the
criminal records check indicate that, pursuant to division (B)(1)
of this section, the applicant does not qualify for employment,
the preschool program shall release the applicant from
employment.
(C)(1) Each preschool program 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 conducted in accordance with
that section upon the request pursuant to division (A)(1) of this
section of the director, head teacher, elementary principal,
or site administrator of
the preschool program.
(2) A preschool program may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section. A fee charged under this division shall not exceed
the amount of fees the preschool program pays under division
(C)(1) of this section. If a fee is charged under this division,
the preschool program shall notify the applicant at the time of
the applicant's initial application for employment of the amount of the fee
and that, unless the fee is paid, the applicant will not be considered for
employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public record for the 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 criminal records check or
the applicant's representative, the preschool program requesting the criminal
records check or its representative, and any court, hearing
officer, or other necessary individual in a case dealing with the
denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant
to Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which a preschool
program may hire a person who has been convicted of an offense
listed in division (B)(1) of this section but who meets standards
in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check 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.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
preschool program as a person responsible for the care, custody,
or control of a child, except that "applicant" does not include a person
already employed by a board of education or chartered nonpublic school in a
position of care, custody, or control of a child who is under consideration
for a different position with such board or school.
(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.
(H) If the board of education of a local school district adopts a resolution
requesting the assistance of the educational service center in which the local
district has territory in conducting criminal records checks of substitute
teachers under this section, the appointing or hiring officer of such
educational service center governing board shall serve for purposes of this
section as the appointing or hiring officer of the local board in the case of
hiring substitute teachers for employment in the local district.
Sec. 3301.88. (A) A recipient of a grant under section 3301.86
or 3301.87 of the Revised Code
or an entity approved by the OhioReads council
may request from the bureau of criminal identification and investigation a
criminal records check on any
individual, other than an individual described in division (B) of
this section, who applies to participate in providing directly to children any
program or
service through an entity approved by the OhioReads council
or funded in whole or in part by the grant. If a recipient
or an entity approved by the OhioReads council
elects to request a criminal records check, the request shall consist of a
request for the information a
school district board of education may request under division
(F)(2)(a) of section 109.57 of the Revised Code
and shall be accompanied by one of the following identification options:
(1) The form and standard impression sheet ANY MATERIAL
NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS THAT ARE prescribed by the bureau
under
division DIVISIONS (C)(1) AND (2) of
section 109.572 of the Revised Code;
(2) A form prescribed by the bureau on which is specified the individual's
name, social security number, and date of birth.
(B) A grant recipient
or an entity approved by the OhioReads council
shall not request a criminal records check under division (A) of this
section with respect to any individual who furnishes the grant recipient
or an entity approved by the OhioReads council
with a certified copy of a report of a criminal records check completed by the
bureau within one year prior to
applying to participate in providing programs or services
through an entity approved by the OhioReads council
or under an OhioReads grant.
(C) Except as provided in rules adopted under division
(G)(2) of this section, a grant recipient
or an entity approved by the OhioReads council
shall not allow an individual to participate in providing
directly to children any program or service
through an entity approved by the OhioReads council
or funded in whole or in part by the
grant if the information requested under this section from the bureau
indicates that the individual has ever pleaded
guilty to or been found guilty by a jury or court of any of the following:
(1) A felony;
(2) A violation
of section 2903.16, 2903.34, 2905.05, 2907.04, 2907.06, 2907.07,
2907.08, 2907.09, 2907.23, 2907.25, 2907.31, 2919.12, 2919.22, 2919.24,
2925.04, 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; or 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 it been committed prior to that date;
(3) An offense of violence;
(4) A theft offense, as defined in section 2913.01 of the Revised
Code;
(5) A drug abuse offense, as defined in section 2925.01 of the
Revised Code;
(6) A violation of an existing or former ordinance of a municipal
corporation or law of the United States or another state that is
substantively comparable to an
offense listed in divisions (C)(1) to (5) of this section.
(D) A grant recipient or an entity approved by the OhioReads council
that elects to request criminal records
checks may conditionally allow an individual to participate in providing
programs or services directly to children until the criminal records
check is completed and the grant recipient
or an entity approved by the OhioReads council
receives the results. If the results of the criminal records check indicate
that the
individual has been convicted of or pleaded guilty to an offense listed in
division (C) of this section,
the grant recipient
or an entity approved by the OhioReads council
shall not allow the individual to further participate
in providing directly to children any program or service
through an entity approved by the OhioReads council
or funded in whole or in
part by the grant, except as provided in the rules adopted under division
(G)(2) of this section.
(E) The report of any criminal records check conducted in
accordance with division (F)(5) of section 109.57 of the
Revised Code pursuant to a request under this
section is not a public record for purposes of section 149.43 of the
Revised Code. The report shall not be made available to
any person other than the individual who is the subject of the criminal
records check or the individual's representative, the
grant recipient or the grant recipient's representative
or an entity approved by the OhioReads council, and any
court, hearing officer, or other necessary individual in a case
dealing with the denial of the individual's participation in a
program or service
through an entity approved by the OhioReads council
or funded by an OhioReads grant.
(F) The OhioReads office shall reimburse each grant recipient
or an entity approved by the OhioReads council for each
criminal records check the actual amount paid by the grant recipient
or an entity approved by the OhioReads council
for the portion of the criminal records check conducted by
the bureau of criminal identification and investigation.
Reimbursement shall be paid under this division only for criminal records
checks on individuals who apply to participate in providing directly to
children any
program or service through an entity approved by the OhioReads council
or funded in whole or in part by the grant. To receive it,
the grant recipient
or an entity approved by the OhioReads council
must submit information to the office in the
form and manner required by the office. The reimbursement is in
addition to the grant awarded to the recipient under section
3301.86 or 3301.87 of the Revised Code.
(G) The department of education shall adopt rules in accordance
with Chapter 119. of the Revised Code:
(1) Prescribing the form and manner in which grant recipients
or an entity approved by the OhioReads council
must submit information to the OhioReads office to receive
reimbursement under division (F) of this section;
(2) Specifying circumstances under which a grant recipient
or an entity approved by the OhioReads council may allow an
individual whose criminal records check report indicates that the
individual has been convicted of or pleaded guilty to an offense listed
in division (C) of this section, but who meets standards in regard
to rehabilitation set forth in the rules, to participate in providing directly
to children any program or service
through an entity approved by the OhioReads council
or
funded in whole or in part by the grant.
Sec. 3319.39. (A)(1) Except as provided in division (F)(2)(b) of section
109.57 of the Revised Code and division (I) of this section, the appointing or
hiring officer of
the board of education of a school district, the governing board of an
educational service center, or of a chartered
nonpublic school 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 school district, educational service center, or
school for employment in any
position as a person responsible for the care, custody, or
control of a child. 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 or does not provide evidence that
within that five-year period the superintendent has requested
FINGERPRINT-BASED information about the applicant from the federal
bureau of investigation in
a criminal records check, the appointing or hiring officer shall
request that the superintendent obtain FINGERPRINT-BASED 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 appointing or hiring officer may request
that the superintendent include FINGERPRINT-BASED information from the
federal
bureau of investigation in the criminal records check.
(2) A person required by division (A)(1) of this section
to request a criminal records check 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 AND ANY MATERIAL NEEDED to
obtain fingerprint
impressions prescribed pursuant to division (C)(2) of THAT
section
109.572 of the Revised Code, obtain the completed form and
impression sheet MATERIAL from each applicant, and forward OR
TRANSMIT the completed
form and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation at the time the person
requests a criminal records check pursuant to division (A)(1) of
this section.
(3) An applicant who receives pursuant to division (A)(2)
of this section 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 board of education
of a school district, governing board of an educational service center, or
governing authority of a chartered nonpublic school shall not employ that
applicant for any position for which a criminal records check
is required pursuant to division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the
department of education in accordance with division (E) of this
section and as provided in division (B)(3) of this section, no
board of education of a school district, no governing board of an
educational service center, and no governing
authority of a chartered nonpublic school shall employ a person
as a person responsible for the care, custody, or control of a
child if the person 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, 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,,
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;
(b) A violation of an existing or former law of this state, another
state, or the United States that is substantially equivalent to
any of the offenses or violations described in division (B)(1)(a)
of this section.
(2) A board, governing board of an educational
service center, or a governing authority of a
chartered nonpublic school may employ an applicant conditionally
until the criminal records check required by this section is
completed and the board or governing authority receives the
results of the criminal records check. If the results of the
criminal records check indicate that, pursuant to division (B)(1)
of this section, the applicant does not qualify for employment,
the board or governing authority shall release the applicant from
employment.
(3) No board and no governing authority of a chartered nonpublic school shall
employ a teacher who previously has been convicted of or pleaded guilty
to any of the offenses listed in section 3319.31 of the Revised
Code.
(C)(1) Each board and each governing
authority of a chartered nonpublic school 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 conducted in accordance with
that section upon the request pursuant to division (A)(1) of this
section of the appointing or hiring officer of the board or
governing authority.
(2) A board and the governing authority of a
chartered nonpublic school may charge an applicant a fee for the
costs it incurs in obtaining a criminal records check under this
section. A fee charged under this division shall not exceed the
amount of fees the board or governing authority pays under
division (C)(1) of this section. If a fee is charged under this
division, the board or governing authority shall notify the
applicant at the time of the applicant's initial application for employment
of the amount of the fee and that, unless the fee is paid, the board or
governing authority will not consider the applicant
for employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public record for the 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 criminal records check or the applicant's
representative, the board or governing authority requesting the
criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant.
(E) The department of education shall adopt rules pursuant
to Chapter 119. of the Revised Code to implement this section,
including rules specifying circumstances under which the board or
governing authority may hire a person who has been convicted of
an offense listed in division (B)(1) of this section but who
meets standards in regard to rehabilitation set by the
department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check shall inform each person, at
the time of the person's initial application for employment,
of the requirement to provide a set of fingerprint impressions 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 the
school district, educational service center, or school for that
position.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with a
board of education, governing board of an educational service
center, or a chartered nonpublic school as a person
responsible for the care, custody, or control of a child, except that
"applicant" does not include a person already employed by a board or chartered
nonpublic school in a position of care, custody, or control of a child who is
under consideration for a different position with such board or school.
(2) "Teacher" means a person holding an educator license, internship
certificate, or permit issued under section 3319.22, 3319.28, or 3319.301 of
the Revised Code and teachers in a chartered nonpublic school.
(3) "Criminal records check" has the same meaning as in
section 109.572 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(H) If the board of education of a local school district adopts a resolution
requesting the assistance of the educational service center in which the local
district has territory in conducting criminal records checks of substitute
teachers under this section, the appointing or hiring officer of such
educational service center shall serve for purposes of this section as
the appointing or hiring
officer of the local board in the case of hiring substitute teachers for
employment in the local district.
(I) The requirements of this section shall not apply to a person holding a
certificate of the type described in section 3319.281 of the Revised Code who
applies to a school district or school for employment in an adult instruction
position under which that person is not responsible for the care, custody, or
control of a child.
Sec. 3701.881. (A) As used in this section:
(1) "Applicant" means both of the following:
(a) A person who is under final consideration for appointment or
employment with a home health agency in a position as a person responsible for
the care, custody, or control of a child;
(b) A person who is under final
consideration for employment with a home health agency in a full-time,
part-time, or temporary position that involves providing direct care to
an older adult. With regard to persons providing direct care to
older adults, "applicant" does not include a person who provides direct care
as a volunteer without receiving or expecting to
receive any form of
remuneration other than reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(3) "Home health agency" has the same meaning as in
section 3701.88 of the Revised Code.
(4) "Minor drug possession offense" has the same meaning as in section
2925.01 of the Revised Code.
(B)(1) Except as provided in division (I) of
this section, the chief administrator of a home
health agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check with respect to each applicant. If the position may involve
both
responsibility for the care, custody, or
control of a child and provision of direct care to an older adult, the chief
administrator shall request that the superintendent conduct a single
criminal records check for the applicant.
If an applicant for whom a criminal records check
request is required under this division does
not present proof of having been a
resident of this
state for the five-year period immediately prior to the date upon
which the criminal records check is requested or does not provide
evidence that within that five-year period the superintendent has
requested FINGERPRINT-BASED information about the applicant from the
federal bureau of
investigation in a criminal records check, the chief
administrator shall request that the superintendent obtain
FINGERPRINT-BASED
information from the federal bureau of investigation as a part of
the criminal records check for the applicant. Even if an
applicant
for whom a criminal records check request is required under this
division presents proof that the applicant has been a resident of this
state for that five-year period, the chief administrator may
request that the superintendent include FINGERPRINT-BASED information
from the
federal bureau of investigation in the criminal records check.
(2) Any person required by division (B)(1) of this section
to request a criminal records check shall provide to each
applicant for whom a criminal records check request is required under that
division a copy of the form prescribed pursuant to division
(C)(1) of section 109.572 of the Revised Code and a standard impression
sheet prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT
IMPRESSIONS pursuant to division (C)(2) of THAT section
109.572 of the Revised Code, obtain the completed form and
impression sheet MATERIAL from each applicant, and forward OR
TRANSMIT the
completed
form and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation at the time the chief
administrator requests a criminal records check pursuant to
division (B)(1) of this section.
(3) An applicant who receives pursuant to division (B)(2)
of this section 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 sheets 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 fingerprint impressions, the home health agency
shall not employ that
applicant
for any position for which a criminal records check
is required by division (B)(1) of this section.
(C)(1) Except as provided in rules adopted by the
department of health in accordance with
division (F) of this
section and subject to division (C)(3) of this section, no
home health agency shall employ a person as a person
responsible for the care, custody, or control of a child if the
person 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, 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, 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;
(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
(C)(1)(a) of this section.
(2) Except as provided in rules adopted by the department of health
in accordance with division (F) of
this section and subject to division (C)(3) of this section,
no home health agency shall employ a person in
a position that involves providing direct care to an older adult if
the person 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) 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
(C)(2)(a) of this section.
(3)(a) A home health agency may employ conditionally an applicant
for whom a criminal records check request is required
under division (B) of this section as a person responsible for
the
care, custody, or control of a
child until the criminal records check regarding the applicant required
by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records
check indicate that, pursuant to division (C)(1) of this
section, the applicant does not qualify for employment, the agency shall
release the applicant from employment unless the agency chooses to employ
the applicant pursuant to division (F) of this section.
(b)(i) A home health agency may employ conditionally an
applicant for whom a criminal records check request is
required under division (B) of this section in
a position that involves providing direct care to an older adult or in a
position that involves both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults prior
to obtaining the results of a criminal
records check regarding the individual, provided that
the agency shall
request a criminal records
check regarding the individual in accordance with division (B)(1) of
this section not
later than five business days after the individual begins
conditional employment.
In the circumstances described in division
(I)(2) of this section, a home
health agency may employ conditionally in a position that
involves providing direct care to an older adult an applicant
who has been referred to the home health agency by an employment
service that supplies full-time, part-time, or temporary staff
for positions involving the direct care of older adults and for
whom, pursuant to that division, a criminal records check is not
required under division (B) of
this section. In the circumstances described in division
(I)(4) of this section, a home
health agency may employ conditionally in a position that
involves both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults an
applicant who has been referred to the home health agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving both responsibility for
the care, custody, and control of a child and the provision of
direct care to older adults and for whom, pursuant to that
division, a criminal records check is not required under
division (B) of this
section.
(ii) A home health agency that
employs an individual conditionally under authority of division
(C)(3)(b)(i)
of this section
shall terminate the
individual's employment if the results of the criminal records
check requested under division (B)(1) of this section or described
in division (I)(2) or (4) of this section, other than the results
of any request for FINGERPRINT-BASED information from
the federal bureau of investigation,
are not obtained within the period ending sixty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained,
if
the individual was employed conditionally in a position
that involves the provision of direct care to older adults and
the results indicate that the individual has been convicted of
or pleaded guilty to any of the offenses listed or described in
division (C)(2) of this
section, or if the individual was employed conditionally in a
position that involves both responsibility for the care,
custody, and control of a child and the provision of direct care
to older adults and
the results indicate that the individual has been
convicted of or
pleaded guilty to any of the offenses listed or
described in division (C)(1) or (2) of this section, the
agency
shall terminate
the individual's
employment unless the
agency chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the individual
makes any attempt to deceive the agency about the
individual's criminal record.
(D)(1) Each home health agency 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 conducted in accordance with
that section upon the request pursuant to division (B)(1)
of this section of the chief administrator of the home health agency.
(2) A home health agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under
this section, unless the medical assistance program established under
Chapter 5111. of the Revised Code reimburses the agency for the costs.
A fee charged under division (D)(2) of this
section shall not exceed the amount of fees the agency pays under division
(D)(1) of this section. If a fee is charged under division (D)(2) of
this section, the agency
shall notify the applicant at the time of the applicant's initial application
for employment of the amount of the fee and that, unless the fee
is paid, the agency will not consider the applicant for employment.
(E) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (B)(1) of this section is
not a public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
following:
(1) The individual who is the subject of the criminal records check or
the individual's representative;
(2) The home health agency requesting the criminal
records check or its representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home health agency;
(4) Any court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the
applicant or dealing with employment or unemployment benefits of the
applicant;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1), (2), (3), or (4) of
this section.
(F) The department of health shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify
circumstances under which the home
health agency may employ a person who has been convicted of
or pleaded guilty to an offense listed or described in division
(C)(1) of
this section but who meets standards in regard to
rehabilitation set by the department or employ a person who
has been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section but
meets personal character standards set by the department.
(G) Any person required by division (B)(1) of this section
to request a criminal records check shall inform each person, at
the time of initial application for employment that the
person is required to provide a set of fingerprint impressions 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.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home health agency employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the agency employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the agency employed the individual in good faith
on a conditional basis pursuant to division
(C)(3)(b) of this section, the
agency shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the agency in good faith employed the individual
according to
the personal character standards established in rules adopted
under division (F) of this
section, the agency shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) or (2) of this section.
(I)(1) The chief administrator of a home health agency is not
required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant for a position that involves the
provision of direct care to older adults if the applicant has been
referred to the
agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(2) of this section,
or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home health
agency chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a home
health agency is not required to request that the superintendent
of the bureau of criminal identification and investigation
conduct a criminal records check of an applicant for a position
that involves providing direct care to older adults and may
employ the applicant conditionally in a position of that nature as
described in this division, if the applicant has been referred
to the agency by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct
care of older adults and if the chief administrator receives
from the employment service or the applicant a letter from
the employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that
states that the employment service
has requested the superintendent to conduct a criminal records
check regarding the applicant, that the requested criminal
records check will include a determination of whether the
applicant has been convicted of or pleaded guilty to any offense
listed or described in division
(C)(2) of this section,
that, as of the date set forth on the letter, the employment service had not
received the
results of the criminal records check, and that, when the employment service
receives the
results of the criminal records check, it promptly will send a
copy of the results to the
home health agency. If a home health agency
employs an applicant conditionally in accordance with this
division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the home health agency,
and
division
(C)(3)(b)
of this section applies regarding the conditional
employment.
(3) The chief administrator of a home health agency is
not required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant for a position that involves both
responsibility for the care, custody, and control of a child and
the provision of direct care to older adults if the applicant
has been referred to the agency by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving both responsibility for the care, custody, and control
of a child and the provision of direct care to older adults and
both of the following apply:
(a) The chief administrator receives
from the employment service or applicant a report of a criminal
records check of the type described in division
(I)(1)(a)
of this section;
(b) The report of the criminal
records check demonstrates that the person has not been
convicted of or pleaded guilty to an offense listed or described
in division (C)(1) or (2) of
this section, or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home health
agency chooses to employ the individual pursuant to division (F)
of this section.
(4) The chief administrator of a home health agency is
not required to request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check of an applicant for a position that involves both
responsibility for the care, custody, and control of a child and
the provision of direct care to older adults and may employ the
applicant conditionally in a position of that nature as described in this
division, if the applicant has been referred to the agency by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving both responsibility for
the care, custody, and control of a child and the direct care of
older adults and if the chief administrator receives from the
employment service or the applicant a letter from the
employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that
states that the employment service has
requested the superintendent to conduct a criminal records check
regarding the applicant, that the requested criminal records
check will include a determination of whether the applicant has
been convicted of or pleaded guilty to any offense listed or
described in division (C)(1) or
(2) of this section, that, as of the date set forth on
the letter, the employment service
had not received the results of the criminal records check, and that, when the
employment service receives the
results of the criminal records check, it promptly will send a
copy of the results to the
home health agency. If
a home health agency employs an applicant conditionally in
accordance with this division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the home health agency,
and division
(C)(3)(b)
of this section applies regarding the conditional
employment.
Sec. 3712.09. (A) As used in this section:
(1) "Applicant" means a person who is under final
consideration for employment with a hospice care program in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult.
"Applicant" does not include a person who provides direct care as a volunteer
without receiving or expecting to receive any form of remuneration other than
reimbursement for actual expenses.
(2) "Criminal records check" and "older adult" have the same meanings as
in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this section,
the chief administrator of a hospice care
program shall request that the superintendent of the bureau of
criminal identification and investigation conduct a criminal
records check with respect to each applicant. If an
applicant
for whom a criminal records check request is required under this
division does not present proof of having been a resident of this state
for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
FINGERPRINT-BASED information about the applicant from the federal
bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain FINGERPRINT-BASED information from the
federal
bureau of investigation as part of the criminal records check of
the applicant. Even if an applicant for whom a criminal
records check request is required under this division presents proof of
having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of investigation
in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant for whom a criminal records check request is
required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT
IMPRESSIONS pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet MATERIAL from the applicant;
(b) Forward OR TRANSMIT the completed form and impression
sheet MATERIAL to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet
MATERIAL under
division (B)(2)(a) of this section who fails to complete the
form or provide
fingerprint impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the
public health council in accordance with division (F) of
this section and subject to division (C)(2) of this section,
no hospice care program shall employ a person in
a position that involves providing direct care to an older adult if
the person 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) 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 (C)(1)(a) of this section.
(2)(a) A hospice care program may employ conditionally an
applicant
for whom a criminal records check request is required
under division (B) of this section prior to obtaining the results
of a criminal records
check regarding the individual, provided that the
program shall request a criminal
records check regarding the individual in accordance with division
(B)(1) of this section not later
than five business days after the individual begins conditional employment.
In the circumstances described in division
(I)(2) of this section, a
hospice care program may employ
conditionally an applicant who has been referred to the
hospice care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A
hospice care program that employs an
individual conditionally under authority of division
(C)(2)(a) of this section
shall terminate the individual's employment if the results
of
the criminal records check requested under division (B) of this
section or described in division (I)(2) of this section, other
than the results of any request for
FINGERPRINT-BASED information from the federal bureau of
investigation,
are not obtained within the period ending sixty
days after the date the request is made. Regardless of when the
results of the criminal records check are obtained,
if the results indicate that the individual has been convicted of or pleaded
guilty to any of the offenses listed or described in division
(C)(1) of this section, the program shall terminate the individual's
employment unless the program chooses to employ the individual pursuant to
division (F) of this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of the Revised Code if the individual makes any
attempt to deceive the program about the individual's
criminal record.
(D)(1) Each hospice care program 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 conducted pursuant to a request made under division (B)
of this section.
(2) A hospice care program may charge an applicant a fee
not exceeding the amount the program pays under division
(D)(1) of this section. A program may collect a fee only
if both of the following apply:
(a) The program notifies the person at the time of initial
application for employment of the amount of the fee and that, unless the fee
is paid, the person will not be considered for employment;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the program the fee it pays under division
(D)(1) of this section.
(E) The report of a criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief
administrator of the program requesting the criminal records
check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the hospice care program;
(4) A court, hearing officer, or
other necessary individual involved in a case dealing with a
denial of employment of the applicant or dealing with employment or
unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section.
(F) The public health council shall adopt rules
in accordance with Chapter 119. of the Revised
Code to implement this section. The rules shall
specify circumstances under which a hospice care program may
employ a person who has been convicted of or pleaded
guilty to an offense listed or described in division (C)(1) of this section
but meets personal character standards set by the council.
(G) The chief administrator of a hospice care
program shall inform each individual, at the time of initial
application for a position that involves providing direct care to
an older adult, that the individual is required to provide a set of
fingerprint impressions and that a criminal records check is
required to be conducted if the individual comes under final consideration
for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a hospice care program employs in a
position that involves providing direct care to older adults, all of
the
following shall apply:
(1) If the program employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the program employed the individual in good faith
on a conditional basis pursuant to division
(C)(2) of this section, the
program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the program in good faith employed the individual
according to the personal character standards established in rules adopted
under division (F) of this section, the program shall not be found negligent
solely because the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of a hospice care program is
not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division
(C)(1) of this section, or the report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the hospice care program
chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
hospice care program is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the program by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that
is on the letterhead of the employment service, dated, and
signed by a supervisor or another designated official of the
employment service and that
states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter, the employment service had not
received the
results of the criminal records check, and that, when the employment service
receives the
results of the criminal records check, it promptly will send a
copy of the results to the
hospice care program. If a
hospice care program employs an
applicant conditionally in accordance with this division,
the employment service, upon its receipt of the results of
the criminal records check, promptly shall send a copy of the
results to the hospice care program,
and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 3721.121. (A) As used in this section:
(1) "Adult day-care program" means a program operated
pursuant to rules adopted by the public health council under
section 3721.04 of the Revised Code and provided
by and on the same site as homes licensed under this chapter.
(2) "Applicant" means a person who is under final
consideration for employment with a home or adult day-care program in a
full-time, part-time, or temporary position that involves providing direct
care to an older adult. "Applicant" does not include a person who provides
direct care as a volunteer without receiving or expecting to receive any form
of remuneration other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as in
section 109.572 of the Revised Code.
(4) "Home" means a home as defined in section 3721.10 of
the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of a home or adult
day-care program shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check with respect to each applicant. If
an
applicant for whom a criminal records check request is required under this
division does not present proof of having been a resident of
this state for the five-year period immediately prior to the date
the criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
FINGERPRINT-BASED information about the applicant from the federal
bureau of investigation in
a criminal records check, the chief administrator shall request
that the superintendent obtain FINGERPRINT-BASED information from the
federal
bureau of investigation as part of the criminal records check of
the applicant. Even if an applicant for whom a criminal
records check request is required under this division presents proof of
having
been a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of investigation
in the
criminal records check.
(2) A person required by division (B)(1) of this
section to request a criminal records check shall do both of the
following:
(a) Provide to each applicant for whom a criminal records check request is
required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572
of the Revised Code and a standard fingerprint
impression sheet prescribed ANY MATERIAL NEEDED TO OBTAIN FINGERPRINT
IMPRESSIONS pursuant to division (C)(2)
of that section, and obtain the completed form and impression
sheet MATERIAL from the applicant;
(b) Forward OR TRANSMIT the completed form and impression
sheet MATERIAL to the superintendent of the bureau of criminal
identification and investigation.
(3) An applicant provided the form and fingerprint impression sheet
MATERIAL under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint
impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by
the director of health in accordance
with division (F) of this section and subject to division (C)(2)
of this section, no home or adult
day-care program shall employ a person in a position
that involves providing direct care to an older adult if the person
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) 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
(C)(1)(a) of this section.
(2)(a) A home or an adult day-care program may employ
conditionally an
applicant for whom a criminal records check request is
required under division (B) of this section prior to obtaining
the results of a criminal
records check regarding the individual, provided that
the home or program shall
request a criminal records
check regarding the individual in accordance with division (B)(1) of
this section not
later than five business days after the individual begins
conditional employment.
In the circumstances described in division
(I)(2) of this section, a
home or adult day-care program may employ
conditionally an applicant who has been referred to the
home or adult day-care program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) A home or adult day-care program that employs an
individual conditionally under authority of division
(C)(2)(a) of this section shall terminate the
individual's employment if the results of the criminal records
check requested under division (B) of this section or described in
division (I)(2) of this section, other than the results of any
request for FINGERPRINT-BASED information from
the federal bureau of investigation,
are not obtained within the period ending sixty days after the date the
request is made. Regardless of when the results of the criminal
records check are obtained, if the results indicate that the individual has
been convicted of or pleaded guilty to any of the offenses
listed or described in division (C)(1) of this section,
the home or program shall terminate the individual's employment unless the
home or program chooses to employ the individual
pursuant to division (F) of
this section. Termination of employment under this division
shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised
Code if the individual makes any attempt to deceive
the home or program about the individual's criminal record.
(D)(1) Each home or adult day-care program 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 conducted pursuant to a request made under division
(B) of this section.
(2) A home or adult day-care program may charge an
applicant a fee not exceeding the amount the home or program pays
under division (D)(1) of this section. A home or program
may collect a fee only if both of the following apply:
(a) The home or program notifies the person at the time of
initial application for employment of the amount of the fee
and that, unless the fee is paid, the person will not be considered for
employment;
(b) The medical assistance program established under
Chapter 5111. of the Revised Code
does not reimburse the home or program the fee it pays under division
(D)(1) of this section.
(E) The report of any criminal records check
conducted pursuant to a request made under this section is not a
public record for the purposes of section 149.43 of the
Revised Code and shall not be made available to
any person other than the following:
(1) The individual who is the subject of the
criminal records check or the individual's representative;
(2) The chief administrator
of the home or program requesting the criminal records check or
the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the home or program;
(4) A court, hearing officer, or other
necessary individual involved in a case dealing with a denial of
employment of the applicant or dealing with employment or unemployment
benefits of the applicant;
(5) Any person to whom the report is provided pursuant
to, and in accordance with, division
(I)(1) or (2) of this
section.
(F) In accordance with section 3721.11 of the Revised
Code, the director of health shall adopt rules to implement this
section. The rules shall specify circumstances under which a home or adult
day-care program may employ a person who has been
convicted of or pleaded guilty to an offense listed or described in division
(C)(1) of this section but meets personal character standards set by the
director.
(G) The chief administrator of a home or adult day-care program
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who a
home or adult day-care program employs in a position
that involves providing direct care to older adults, all of the
following shall apply:
(1) If the home or program employed the individual in good
faith and reasonable reliance on the report of a criminal records
check requested under this section, the home or program shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the home or program employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
home or program shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the home or program in good faith employed the
individual according
to the personal character standards established in rules adopted
under division (F) of this
section, the home or program shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of a home or adult day-care
program is not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
home or program by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division (C)(1) of this section,
or the
report demonstrates that the
person has been convicted of or pleaded guilty to one or more of
those offenses, but the home or adult day-care program
chooses to employ the individual pursuant to division (F)
of this section.
(2) The chief administrator of a
home or adult day-care program is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the home or program by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the letterhead of
the employment service, dated, and signed by a supervisor or another
designated official of the employment service and that states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter,
the employment service had not received the
results of the criminal records check, and that, when the employment service
receives the results of the criminal records check, it promptly will send a
copy of the results to the home or adult-care program. If a
home or adult day-care program employs an
applicant conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records check,
promptly shall send a copy of the results to the home or adult day-care
program, and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 3722.151. (A) As used in this section:
(1) "Adult care facility" has the same meaning as in
section 3722.01 of the Revised Code.
(2) "Applicant" means a person who is under final
consideration for employment with an adult care facility in a full-time,
part-time, or temporary position
that involves providing direct care to an older adult. "Applicant" does not
include a person who provides direct
care as
a volunteer without receiving or expecting to receive any form of remuneration
other than reimbursement for actual expenses.
(3) "Criminal records check" and "older adult" have the same meanings as
in section 109.572 of the Revised Code.
(B)(1) Except as provided in division (I) of this
section, the chief administrator of an adult care facility
shall request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each applicant. If an applicant for whom
a criminal records check request is required under this division does not
present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal
records check is requested or provide evidence that within that
five-year period the superintendent has requested FINGERPRINT-BASED
information
about the applicant from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain FINGERPRINT-BASED information from the federal
bureau of
investigation as part of the criminal records check of the
applicant. Even if an applicant for whom a criminal
records check request is required under this division presents proof of
having been
a resident of this state for the five-year period, the chief
administrator may request that the superintendent include
FINGERPRINT-BASED information from the federal bureau of investigation
in the
criminal records check.
(2) A person required by division (B)(1) of this section
to request a criminal records check shall do both of the
following:
(a) Provide to each applicant for whom a criminal records check request is
required under that division a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed ANY MATERIAL
NEEDED TO OBTAIN FINGERPRINT IMPRESSIONS
pursuant to division (C)(2) of that section, and obtain the
completed form and impression sheet MATERIAL from the applicant;
(b) Forward OR TRANSMIT the completed form and impression sheet
MATERIAL to the
superintendent of the bureau of criminal identification and
investigation.
(3) An applicant provided the form and fingerprint impression sheet
MATERIAL under
division (B)(2)(a) of this section who fails to complete the
form or provide fingerprint impressions shall not be employed in any
position for which a criminal records check is required by this
section.
(C)(1) Except as provided in rules adopted by the public
health council in accordance with division (F) of this section and subject
to division (C)(2) of this section,
no adult care facility shall employ a person in a position that
involves providing direct care to an older adult if the person
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) 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 (C)(1)(a) of this section.
(2)(a) An adult care facility may employ conditionally an
applicant
for whom a criminal records check request is required
under division (B) of this section prior to obtaining the results
of a criminal records
check regarding the individual, provided that the
facility shall request a criminal
records check regarding the individual in accordance
with division (B)(1) of this section not later than five
business days after the individual begins conditional employment. In the
circumstances described in division
(I)(2) of this section, an
adult care facility may employ
conditionally an applicant who has been referred to the
adult care facility by an
employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal
records check is not required under division
(B) of this section.
(b) An adult care facility that employs an
individual conditionally under authority of division
(C)(2)(a) of this section shall terminate the
individual's employment if the
results of the criminal records check requested under division (B)
of this section or described in division (I)(2) of this section,
other than the results of any
request for FINGERPRINT-BASED information from the federal bureau of
investigation,
are not obtained within the period
ending sixty days after the date the request is made. Regardless
of when the results of the criminal records check are obtained,
if the results indicate that the
individual has been convicted of or pleaded guilty to any of the
offenses listed or described in division
(C)(1) of this section, the facility shall terminate the individual's
employment unless
the facility chooses to employ the individual pursuant to
division (F) of this section.
Termination of employment under this division shall be
considered just cause for discharge for purposes of division
(D)(2) of section 4141.29 of
the Revised
Code if the individual makes any attempt to deceive
the facility about the individual's
criminal record.
(D)(1) Each adult care facility 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 conducted pursuant to a request made
under division (B) of this
section.
(2) An adult care facility may charge an applicant a fee
not exceeding the amount the facility pays under division (D)(1)
of this section. A facility may collect a fee only if it
notifies the person at the time of initial application for
employment of the amount of the fee and that, unless the fee is
paid, the person will not be considered for employment.
(E) The report of any criminal records check conducted
pursuant to a request made under this section is not a public
record for the purposes of section 149.43 of the Revised Code and
shall not be made available to any person other than the following:
(1) The individual who is the subject of the criminal records check or the
individual's representative;
(2) The chief administrator of the facility
requesting the criminal records check or the administrator's representative;
(3) The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the same
entity that owns or operates the adult care facility;
(4) A court, hearing officer, or other necessary individual involved
in a case dealing with a denial of employment of the applicant or dealing
with employment or unemployment benefits of the applicant;
(5) Any person to whom the report is provided pursuant to, and in
accordance with, division (I)(1) or (2) of this section.
(F) The public health council shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall specify circumstances under which an adult
care facility may employ a person who has been convicted of or
pleaded guilty to an offense listed or described in division (C)(1) of
this section but meets personal character standards set by the
council.
(G) The chief administrator of an adult care facility
shall inform each individual, at the time of initial application
for a position that involves providing direct care to an older
adult, that the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for employment.
(H) In a tort or other civil action for damages that is
brought as the result of an injury, death, or loss to person or
property caused by an individual who an adult care facility employs in a
position that involves providing direct care to older adults, all of
the
following shall apply:
(1) If the facility employed the individual in good faith
and reasonable reliance on the report of a criminal records
check requested under this section, the facility shall not be
found negligent solely because of its reliance on the report,
even if the information in the report is determined later to
have been incomplete or inaccurate;
(2) If the facility employed the individual in good faith
on a conditional basis pursuant to division (C)(2) of this section, the
facility shall not be found negligent solely because it employed
the individual prior to receiving the report of a criminal
records check requested under this section;
(3) If the facility in good faith employed the individual
according to the personal character standards established in rules adopted
under division (F) of this
section, the facility shall not be found negligent solely because
the individual prior to being employed had been convicted of or
pleaded guilty to an offense listed or described in division
(C)(1) of this section.
(I)(1) The chief administrator of an adult care facility is
not required to
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant if the applicant has been referred to the
facility by an employment service that supplies full-time,
part-time, or temporary staff for positions involving the direct care of older
adults and both of the following apply:
(a) The chief administrator receives from the employment
service or the applicant a report of the results of a criminal
records check regarding the applicant that has been conducted by
the superintendent within the one-year period immediately
preceding the applicant's referral;
(b) The report of the criminal records check demonstrates
that the person has not been convicted of or pleaded guilty to
an offense listed or described in division
(C)(1) of this section, or the report demonstrates that the person
has been convicted of or pleaded guilty to one or more of those offenses, but
the adult care facility chooses to employ the individual pursuant to division
(F) of this section.
(2) The chief administrator of an
adult care facility is not required
to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records
check of an applicant and may employ the applicant
conditionally as described in this division, if the applicant
has been referred to the facility by an employment service that
supplies full-time, part-time, or temporary staff for positions
involving the direct care of older adults and if the chief
administrator receives from the employment service or the
applicant a letter from the employment service that is on the letterhead of
the employment service, dated, and signed by a supervisor or another
designated official of the employment service and that
states
that the employment service has requested the superintendent to
conduct a criminal records check regarding the applicant, that
the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division
(C)(1) of this section,
that, as of the date set forth on the letter,
the employment service had not received the
results of the criminal records check, and that, when the employment service
receives the results of the criminal records check, it promptly will send a
copy of the results to the adult care facility. If an
adult care facility employs an
applicant conditionally in accordance with this division, the employment
service, upon its receipt of the results of the criminal records check,
promptly shall send a copy of the results to the adult care facility, and
division
(C)(2)(b)
of this section applies regarding the conditional
employment.
Sec. 5104.012. (A)(1) The administrator of a child
day-care center or a type A family day-care home and the
provider
of a certified type B family day-care home 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 center, type A home, or
certified type B home for employment as a person responsible
for
the care, custody, or control of a child. 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 or does not provide
evidence that within that five-year period the superintendent has
requested FINGERPRINT-BASED information about the applicant from the
federal bureau of
investigation in a criminal records check, the administrator or
provider shall request that the superintendent obtain FINGERPRINT-BASED
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 administrator or provider
may request that the superintendent include FINGERPRINT-BASED
information from the
federal bureau of investigation in the criminal records check.
(2) A person required by division (A)(1) of this section
to request a criminal records check 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 a standard impression sheet to AND ANY MATERIAL NEEDED TO
obtain fingerprint
impressions prescribed pursuant to division (C)(2) of THAT
section
109.572 of the Revised Code, obtain the completed form and
impression sheet MATERIAL from each applicant, and forward OR
TRANSMIT the completed
form and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation at the time the person
requests a criminal records check pursuant to division (A)(1) of
this section.
(3) An applicant who receives pursuant to division (A)(2)
of this section 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 center,
type A home, or type B home shall not employ
that
applicant for any position for which a criminal records check
is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted under division (E)
of
this section, no child day-care center, type A
family day-care
home, or certified type B family day-care home
shall employ or
contract with another entity for the services of a person as a
person responsible for the care, custody, or control of a child
if the person 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, 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;
(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 or violations described in division (B)(1)(a)
of this section.
(2) A child day-care center, type A family day-care home,
or certified type B family day-care home may employ an
applicant
conditionally until the criminal records check required by this
section is completed and the center or home receives the results
of the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (B)(1) of this
section, the applicant does not qualify for employment, the
center or home shall release the applicant from employment.
(C)(1) Each child day-care center, type A family day-care
home, and certified type B family day-care home 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 conducted in
accordance with that section upon the request pursuant to
division (A)(1) of this section of the administrator or provider
of the center or home.
(2) A child day-care center, type A family day-care home,
and certified type B family day-care home may charge an
applicant
a fee for the costs it incurs in obtaining a criminal records
check under this section. A fee charged under this division
shall not exceed the amount of fees the center or home pays under
division (C)(1) of this section. If a fee is charged under this
division, the center or home shall notify the applicant at the
time of the applicant's initial application for employment of the
amount of the fee and that, unless the fee is paid, the center,
type A home, or type B home will not consider
the
applicant for employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public record for the 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 criminal records check or the
applicant's
representative; the center, type A home, or certified
type B home
requesting the criminal records check or its representative; the
department of job and family services or a
county department of job and family services; and any
court, hearing officer, or other
necessary individual involved in a case dealing with the denial
of employment to the applicant.
(E) The director of job and
family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying circumstances under which a
center or home may hire a person who has been convicted of an
offense listed in division (B)(1) of this section but who meets
standards in regard to rehabilitation set by the department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check 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.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment to or employment in a position with
a child day-care center, a type A family day-care home, or a
certified type B family day-care home as a person responsible
for
the care, custody, or control of a child; an in-home aide
certified pursuant to section 5104.12 of the Revised Code; or any
person who would serve in any position with a child day-care
center, a type A family day-care home, or a certified
type B
family day-care home as a person responsible for the care,
custody, or control of a child pursuant to a contract with
another entity.
(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.
Sec. 5104.013. (A)(1) The director of job and family services, as
part of the process of licensure of child day-care centers and
type A family day-care homes, shall request the superintendent of
the bureau of criminal identification and investigation to
conduct a criminal records check with respect to the following
persons:
(a) Any owner, licensee, or administrator of a child
day-care center;
(b) Any owner, licensee, or administrator of a type A
family day-care home and any person eighteen years of age or
older who resides in a type A family day-care
home.
(2) The director of a county department of job and family
services, as part of the process of certification of type
B family day-care
homes, shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records
check with respect to any authorized provider of a certified
type B family day-care home and any person
eighteen years of age
or older who resides in a certified type B
family day-care home.
(B) The director of job and family services or the
director of a
county department of job and family services shall provide
to each person
for whom a criminal records check is required under this section
a copy of the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a standard impression
sheet ANY MATERIAL NEEDED to obtain fingerprint impressions
prescribed pursuant to
division (C)(2) of that section, obtain the completed form and
impression sheet MATERIAL from that person, and forward OR
TRANSMIT the completed form
and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation.
(C) A person who receives pursuant to division (B) of
this section a copy of the form and standard impression sheet
MATERIAL
described in that division 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 person's fingerprints. If the person, upon request, fails to
provide the information necessary to complete the form or fails
to provide impressions of the person's fingerprints, the director
may consider the failure as a reason to deny licensure or
certification.
(D) Except as provided in rules adopted under division (G) of this
section, the director of job and family services shall not
grant a license
to a child day-care center or type A family
day-care home and a
county director of job and family services shall not
certify a type B
family day-care home if a person for whom a criminal records
check was required in connection with the center or home
previously 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 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, 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 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 or violations described in division (D)(1) of
this section.
(E) Each child day-care center, type A family day-care
home, and type B family day-care home 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 conducted in accordance with
that section upon a request made pursuant to division (A) of this
section.
(F) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request made under division (A) of this section is not a
public record for the purposes of section 149.43 of the Revised
Code and shall not be made available to any person other than the
person who is the subject of the criminal records check or the
person's representative, the director of job and family
services, the director of a
county department of job and family services, the center,
type A home, or
type B home involved, and any court, hearing
officer, or other
necessary individual involved in a case dealing with a denial of
licensure or certification related to the criminal records check.
(G) The director of job and
family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying exceptions to the prohibition
in division (D) of this section for persons who have been
convicted of an offense listed in that division but who meet
standards in regard to rehabilitation set by the department.
(H) As used in this section:
(1) "Criminal records check" has the same meaning as in section
109.572 of the Revised Code.
(2) "Minor drug possession offense" has the same
meaning as in section 2925.01 of the Revised Code.
Sec. 5123.01. As used in this chapter:
(A) "Chief medical officer" means the licensed physician
appointed by the managing officer of an institution for the
mentally retarded with the approval of the director of mental
retardation and developmental disabilities to provide medical
treatment for residents of the institution.
(B) "Chief program director" means a person with special
training and experience in the diagnosis and management of the
mentally retarded, certified according to division (C) of this
section in at least one of the designated fields, and appointed
by the managing officer of an institution for the mentally
retarded with the approval of the director to provide
habilitation and care for residents of the institution.
(C) "Comprehensive evaluation" means a study, including a
sequence of observations and examinations, of a person leading to
conclusions and recommendations formulated jointly, with
dissenting opinions if any, by a group of persons with special
training and experience in the diagnosis and management of
mentally retarded or developmentally disabled persons WITH MENTAL
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY, which
group shall include individuals who are professionally qualified
in the fields of medicine, education, psychology, and social
work, together with such other specialists as the individual case
may require.
(D) "Education" means the process of formal training and
instruction to facilitate the intellectual and emotional
development of residents.
(E) "Habilitation" means the process by which the staff of
the institution assists the resident in acquiring and maintaining
those life skills that enable the resident to cope more
effectively with
the demands of the resident's own person and of
the resident's environment and in
raising the level of the resident's physical, mental,
social, and vocational
efficiency. Habilitation includes but is not limited to programs
of formal, structured education and training.
(F) "Health officer" means any public health physician,
public health nurse, or other person authorized or designated by
a city or general health district.
(G) "Indigent person" means a person who is unable, without
substantial financial hardship, to provide for the payment of an
attorney and for other necessary expenses of legal
representation, including expert testimony.
(H) "Institution" means a public or private facility, or a
part of a public or private facility, that is
licensed by the appropriate state
department and is equipped to provide residential habilitation,
care, and treatment for the mentally retarded.
(I) "Licensed physician" means a person who holds a valid
certificate issued under Chapter 4731. of the Revised Code
authorizing the person to practice medicine and surgery or
osteopathic medicine and surgery, or a medical officer of the government of
the United States while in the performance of the officer's official duties.
(J) "Managing officer" means a person who is appointed by
the director of mental retardation and developmental disabilities
to be in executive control of an institution for the mentally
retarded under the jurisdiction of the department.
(K) "Mentally retarded person" means a person having
significantly subaverage general intellectual functioning
existing concurrently with deficiencies in adaptive behavior,
manifested during the developmental period.
(L) "Mentally retarded person subject to
institutionalization by court order" means a person eighteen
years of age or older who is at least moderately mentally retarded and in
relation to whom, because of the person's retardation, either of the following
conditions exist:
(1) The person represents a very substantial risk of
physical impairment or injury to self as manifested by
evidence that the person is unable to provide for and is not
providing
for the person's most basic physical needs and that
provision for those
needs is not available in the community;
(2) The person needs and is susceptible to significant
habilitation in an institution.
(M) "A person who is at least moderately mentally
retarded" means a person who is found, following a comprehensive
evaluation, to be impaired in adaptive behavior to a moderate
degree and to be functioning at the moderate level of
intellectual functioning in accordance with standard measurements
as recorded in the most current revision of the manual of
terminology and classification in mental retardation published by
the American association on mental retardation.
(N) As used in this division, "substantial functional limitation,"
"developmental delay," and "established risk" have the meanings
established pursuant to section 5123.011 of the Revised Code.
"Developmental disability" means a severe, chronic
disability that is characterized by all of the following:
(1) It is attributable to a mental or physical impairment
or a combination of mental and physical impairments, other than a
mental or physical impairment solely caused by mental illness as
defined in division (A) of section 5122.01 of the Revised Code.
(2) It is manifested before age twenty-two.
(3) It is likely to continue indefinitely.
(4) It results in one of the following:
(a) In the case of a person under three years of age, at
least one
developmental delay or an established risk;
(b) In the case of a person at least three years of age but
under six years of age, at least two developmental delays or an
established risk;
(c) In the case of a person six years of age or older, a
substantial functional limitation in at least three of the
following areas of major life activity, as appropriate for the
person's age: self-care, receptive and expressive language, learning,
mobility, self-direction, capacity for independent living, and,
if the person is at least sixteen years of age, capacity
for economic self-sufficiency.
(5) It causes the person to need a combination and
sequence of special, interdisciplinary, or other type of care,
treatment, or provision of services for an extended period of
time that is individually planned and coordinated for the person.
(O) "Developmentally disabled person" means a person with
a developmental disability.
(P) "State institution" means an institution that is
tax-supported and under the jurisdiction of the department.
(Q) "Residence" and "legal residence" have the same
meaning as "legal settlement," which is acquired by residing in
Ohio for a period of one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of the Revised Code, disability
assistance under Chapter 5115. of the Revised Code, or assistance from a
private agency that maintains records of assistance given. A person having a
legal settlement in the state shall be considered as having legal settlement
in the assistance area in which the person resides. No adult
person coming into this
state and having a spouse or minor children residing in another state shall
obtain a legal settlement in this state as long as
the spouse or minor
children are receiving public assistance, care, or support at the expense of
the other state or its subdivisions. For the purpose of determining the legal
settlement of a person who is living in a public or private institution or in
a home subject to licensing by the department of job and family services,
the
department of mental health, or the department of mental retardation and
developmental disabilities, the residence of the person
shall be considered as though the person were residing in the county in which
the person was living prior to the person's entrance into the institution or
home. Settlement once acquired shall continue until a person has been
continuously absent from Ohio for a period of
one year or has acquired a legal residence in another state. A woman who
marries a man with legal settlement in any county immediately acquires
the settlement of her husband. The legal settlement of a minor
is that of the parents, surviving parent, sole parent, parent who
is designated the residential parent and legal custodian by a
court, other adult having permanent custody awarded by a court,
or guardian of the person of the minor, provided that:
(1) A minor female who marries shall be considered to have
the legal settlement of her husband and, in the case of death of
her husband or divorce, she shall not thereby lose her
legal
settlement obtained by the marriage.
(2) A minor male who marries, establishes a home, and who
has resided in this state for one year without receiving general
assistance prior to July
17, 1995, under former Chapter 5113. of the Revised Code, disability
assistance under Chapter 5115. of the Revised Code, or assistance from a
private agency that maintains records of assistance given
shall be considered
to have obtained a legal settlement in this state.
(3) The legal settlement of a child under
eighteen years of age who is in the care or custody of a public or
private child caring agency shall not change if the legal settlement of
the parent changes until after the child has been in the home of
the parent for a period of one year.
No person, adult or minor, may establish a legal settlement
in this state for the purpose of gaining admission to any state
institution.
(R)(1) "Resident" means, subject to division (R)(2) of this section, a person
who is admitted either voluntarily
or involuntarily to an institution or other facility pursuant to
section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code subsequent to a finding of not guilty
by reason of insanity or incompetence to stand trial or under this
chapter who is under
observation or receiving habilitation and care in an institution.
(2) "Resident" does not include a person admitted to an
institution or other facility under section 2945.39, 2945.40, 2945.401, or
2945.402 of the Revised Code to the extent that the reference in this
chapter to
resident, or the context in which the reference occurs, is in conflict with
any provision of sections 2945.37 to 2945.402 of the Revised Code.
(S) "Respondent" means the person whose detention,
commitment, or continued commitment is being sought in any
proceeding under this chapter.
(T) "Working day" and "court day" mean Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a legal
holiday.
(U) "Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in which a person was found guilty.
(V) "Court" means the probate division of the court of
common pleas.
Sec. 5123.02. (A) The department of mental retardation and
developmental disabilities shall DO THE FOLLOWING:
(1)(A) Promote comprehensive statewide programs and services
for mentally retarded or developmentally disabled persons WITH
MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY 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 WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY, THAT ARE provided by governmental and
private agencies;
(4)(D) Make periodic determinations of the number of
mentally
retarded or developmentally disabled persons WITH MENTAL RETARDATION OR
ANOTHER DEVELOPMENTAL DISABILITY 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 WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY 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. 5123.041. (A) As used in this section, "habilitation
center" means a center certified under division (C) of this
section for the provision of habilitation services.
(B) The director of mental retardation and developmental
disabilities shall adopt rules in accordance with Chapter 119. of
the Revised Code that do all of the following:
(1) Specify standards and procedures for certification of
habilitation centers;
(2) Define habilitation services and programs, other than
services provided by the department of education;
(3) Establish the fee that may be assessed under division
(D) of this section;
(4) Specify how the department of mental retardation and
developmental disabilities will implement and administer the
habilitation services program.
(C) The director shall certify habilitation centers that
meet the standards specified by rules adopted under this section.
(D) The department of mental retardation and developmental
disabilities may assess the fee established under division (B)(3)
of this section for providing services related to the
habilitation services program. The fee may be retained from any
funds the department receives for a habilitation center under
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended.
Sec. 5123.042. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing the following:
(1) Uniform standards and procedures under which:
(a) A person or agency shall submit plans to the county
board of mental retardation and developmental disabilities for
the development of residential services for mentally retarded and
developmentally disabled individuals WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY within the county;
(b) The county board must review the plans and recommend
providers for the services.
(2) The eligibility criteria for selecting persons and
agencies to provide residential services, which shall take into
consideration the recommendations of the county board.
(B) The county board, in accordance with its comprehensive
service plan as approved by the director, shall review all
proposals for the development of residential services that are
submitted to it and shall, if the proposals are acceptable to the
county board, recommend providers for the development of
residential services within the county. The department shall
approve proposals for the development of residential services
within counties based upon the availability of funds and in
accordance with rules adopted under division (A)(2) of this
section.
No county board shall recommend providers for the
development of residential services if the county board is an
applicant to provide services. In cases of possible conflict of
interest, the director shall appoint a committee that shall, in
accordance with the approved county comprehensive service plan,
review and recommend to him THE DIRECTOR providers for the
services.
If a county board fails to establish an approved
comprehensive service plan, the director may establish
residential services development goals for the county board based
on documented need as determined by the department. If a county
board fails to develop or implement such a plan in accordance
with the rules adopted under this section, the department may,
without the involvement of the county board, review and select
providers for the development of residential services in the
county.
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 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) A provision that the contractor PROVIDER
may pay the entire balance owed at any
time during the
term of the agreement;
(3) 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) Such ANY other terms and conditions as THAT
are agreed to by
the office DEPARTMENT and the contractor PROVIDER.
(B) The office DEPARTMENT may include a provision in a
payment agreement
that requires the contractor PROVIDER to pay
interest on the money owed the state. The office DEPARTMENT, 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 DEPARTMENT and the
contractor
PROVIDER.
(C) If the contractor PROVIDER fails to pay
any installment in full within forty-five days after its due
date, the office DEPARTMENT 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 PROVIDER 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 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 SECTION 5123.05 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 DEPUTY DIRECTOR 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 DEPUTY DIRECTOR 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 THE division,
and,
with the approval of the director, may establish bureaus or other
administrative units in the division.
Appointment to the position of chief DEPUTY DIRECTOR of a
division may
be
made from persons holding positions in the classified service in
the department.
The chief DEPUTY DIRECTOR 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 DEPUTY DIRECTOR of a division, under the director,
shall have
entire executive charge of the division to which the chief DEPUTY
DIRECTOR
is appointed. Subject to sections 124.01 to 124.64 of the Revised Code,
and civil service rules, the chief DEPUTY DIRECTOR of a division
shall, with the
approval of the director, select and appoint the necessary
employees in the chief's DEPUTY DIRECTOR'S division and may
remove such THOSE
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, INCLUDING, BUT NOT LIMITED TO, A
PERSON WHO IS BEING TRANSFERRED TO THE DEPARTMENT AND AN EMPLOYEE WHO IS BEING
RECALLED OR REEMPLOYED AFTER A LAYOFF.
(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 FINGERPRINT-BASED 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
FINGERPRINT-BASED 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 OR TRANSMIT 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) ANY OFFENSE CONTAINED IN THE
REVISED CODE CONSTITUTING A MISDEMEANOR OF THE FIRST DEGREE
ON THE FIRST OFFENSE AND A FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE
BEARS A DIRECT AND SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND
THE NATURE OF THE SERVICES BEING PROVIDED BY THE DEPARTMENT;
(4) 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 LISTED OR
DESCRIBED IN
DIVISION (E)(1), (2), OR (3) 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 LISTED OR 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 WITHIN FOURTEEN CALENDAR DAYS IF,
WHILE EMPLOYED WITH THE DEPARTMENT,
THE APPLICANT IS EVER
FORMALLY CHARGED WITH, CONVICTED OF, OR PLEADS GUILTY TO 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, A CONVICTION, OR A GUILTY
PLEA 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 AGENCIES OR ENTITIES TO WHICH THE COPIES ARE TO BE SENT. ON
RECEIVING THE REQUEST, THE DIRECTOR SHALL SEND COPIES OF THE
REPORTS TO THE AGENCIES OR 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 AGENCY OR 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 ANOTHER DEVELOPMENTAL
DISABILITY 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 IN A
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 OR PLEADED GUILTY TO AN OFFENSE
LISTED OR DESCRIBED
IN DIVISION (E) OF THIS SECTION BUT WHO MEETS STANDARDS IN REGARD
TO REHABILITATION SET BY THE DIRECTOR.
Sec. 5123.082. (A) The director of mental retardation and
developmental disabilities shall adopt rules in accordance with
Chapter 119. of the Revised Code:
(1) Designating positions of employment for which the director
determines that certification or evidence of registration is required as a
condition of employment in the department
of mental retardation and developmental disabilities, entities that
contract with the department or county boards of mental retardation and
developmental disabilities to operate programs or provide services to
individuals PERSONS with mental retardation and developmental
disabilities,
or other positions of employment in programs that serve such
individuals THOSE PERSONS;
(2) Establishing levels of certification or registration for each
position for which certification or registration is required;
(3) Establishing for each level of each position the requirements
that must be met to obtain certification or registration, including standards
regarding education, specialized training, and experience. The standards
shall take into account the nature and needs of
mentally retarded and developmentally disabled persons WITH MENTAL
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY and the
specialized techniques needed to serve them.
(4) Establishing renewal schedules and renewal
requirements for certification and registration, including standards
regarding education, specialized
training, and experience;
(5) Establishing procedures for denial, suspension, and
revocation of a certificate or evidence of registration,
including appeal procedures;
(6) Establishing other requirements needed to carry out
this section.
(B) The director shall issue, renew, deny, suspend, or
revoke a certificate or evidence of registration in
accordance with rules adopted under this
section. The director shall deny, suspend, or revoke a
certificate or evidence of registration if the
director finds, pursuant to an adjudication conducted in
accordance with Chapter 119. of the Revised Code, that an
applicant for or holder of a certificate or evidence of registration is
guilty of intemperate, immoral, or other conduct unbecoming to the applicant's
or holder's position, or is guilty of incompetence or negligence within the
scope of the applicant's or holder's duties. The director shall deny or
revoke a certificate or evidence of registration after the director finds,
pursuant to an adjudication conducted in accordance with Chapter 119. of the
Revised Code, that the applicant for or holder of the certificate or evidence
of registration 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, unless the
individual meets standards for rehabilitation that the director establishes in
the rules adopted under that section. Evidence supporting such allegations
must be presented to the director in writing, and the director shall
provide
prompt notice of the allegations to the person who is the subject of the
allegations. A denial, suspension, or revocation may
be appealed in accordance with the procedures established in
rules adopted under this section.
(C) A person holding a valid certificate or evidence of registration
under this section on the effective date of any rules adopted under this
section that increase the certification or registration standards shall have
such THE period as THAT the rules prescribe, but
not less than one year after the
effective date of the rules, to meet the new standards.
(D) No person shall be employed in a position for which
certification or registration is required under rules adopted under
this section, unless the person holds a valid certificate or evidence of
registration for the position.
Sec. 5123.09. Subject to the rules of the department of
mental retardation and developmental disabilities, each
institution under the jurisdiction of the department shall be
under the control of a managing officer to be known as a
superintendent or by other appropriate title. Such THE managing
officer shall be appointed by the director of mental retardation
and developmental disabilities, and shall be in the unclassified
service and serve at the pleasure of the director. Each managing
officer shall be of good moral character and have skill, ability,
and experience in his THE MANAGING OFFICER'S profession.
Appointment to the position of
managing officer of an institution may be made from persons
holding positions in the classified service in the department.
The managing officer, under the director, shall have entire
executive charge of the institution for which such THE managing
officer is appointed, execpt EXCEPT as provided in section
5119.16 of the Revised Code. Subject to civil service rules and
rules adopted by the department, the managing officer shall
appoint the necessary employees, and he THE MANAGING
OFFICER or
the director may remove
such THOSE employees for cause. If required by the director
of mental
retardation and developmental disabilities, the managing officers
shall reside in the institution in which they are employed and
devote their entire time to the interests of their particular
institution. A report of all appointments, resignations, and
discharges shall be filed with the appropriate division at the
close of each month.
After conference with the managing officer of each
institution, the director shall determine the number of employees
to be appointed to the various institutions and clinics.
Sec. 5123.092. (A) There is hereby established at each
institution and branch institution under the control of the
department of mental retardation and developmental disabilities a
citizen's advisory council consisting of thirteen SEVEN members.
At
least seven FOUR of the members shall be persons who are not
providers
of mental retardation services. Each council shall
include parents
or other relatives of residents of institutions under the control
of the department, community leaders, professional persons in
relevant fields, and persons who have an interest in or knowledge
of mental retardation. The managing officer of the institution
shall be a nonvoting member of the council.
(B) Except as otherwise provided in this division, the THE
director of mental retardation and developmental disabilities
shall be the appointing authority for the voting members of each
citizen's advisory council. Each time the term of a voting member expires,
the remaining members of the council shall recommend to the director one or
more persons to serve on the council. The director may accept a nominee of
the council or reject the nominee or nominees. If the director rejects the
nominee or nominees, the joint council on mental retardation and
developmental
disabilities created by section 101.37 of the Revised Code shall either
appoint a person recommended by the advisory council or reject the nominee or
nominees. If the joint council rejects the nominee or nominees, the
remaining
members of the advisory council shall FURTHER recommend to the director
one or more
other persons to serve on the advisory council. This procedure shall continue
until a member is appointed to the advisory council. The joint
council on mental retardation and developmental disabilities shall appoint the
original voting members of any citizen's advisory council created after
November 15, 1981. Thereafter, the director of mental retardation and
developmental disabilities shall appoint members of the
advisory council in accordance with this division. Each
EACH advisory council
shall elect from its twelve appointed members a chairperson,
vice-chairperson,
and a secretary to serve for terms of one year. Advisory council officers
shall not serve for more than two consecutive terms in the same office. A
majority of the advisory council members constitutes a quorum.
(C) Terms of office of the original twelve appointees
shall be as follows:
(1) Four members, at least three of whom shall be persons
who are not providers of mental retardation services, shall be
appointed for a period of one year;
(2) Four members, at least two of whom shall be persons
who are not providers of mental retardation services, shall be
appointed for a period of two years;
(3) Four members, at least two of whom shall be persons
who are not providers of mental retardation services, shall be
appointed for a period of three years.
Thereafter, terms of office shall be for three years, each
term ending on the same day of the same month of the year as did
the term which it succeeds. No member shall serve more than two
consecutive terms, except that any former member may be appointed
if one year or longer has elapsed since the member served two consecutive
terms. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. Any vacancy
shall be filled in the same manner in which the
original appointment was made, and the appointee to a vacancy in
an unexpired term shall serve the balance of the term of the
original appointee. Any member shall continue in office
subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.
(D) Members shall be expected to attend all meetings of the advisory
council. Unexcused absence from two successive regularly
scheduled meetings shall be considered prima-facie evidence of
intent not to continue as a member. The chairperson of
the board shall, after a member has been absent for two successive
regularly scheduled meetings, direct a letter to the member
asking if the member wishes to remain in membership. If an
affirmative reply is received, the member shall be retained
as a member except that, if, after having expressed a desire to remain a
member, the member then misses a third successive regularly scheduled meeting
without being excused, the chairperson shall terminate
the member's membership.
(E) The A citizen's advisory councils COUNCIL
shall meet six times annually, or more
frequently if three council members request the chairperson to call a
meeting. The council shall keep
minutes of each meeting and shall submit them to the managing officer of the
institution with which the council is associated, the department of mental
retardation and developmental disabilities, and the legal rights service.
(F) Members of citizen's advisory councils shall receive no
compensation for their services, except that they shall be
reimbursed for their actual and necessary expenses incurred in
the performance of their official duties by the institution with
which they are associated from funds allocated to it, provided
that reimbursement for such THOSE expenses shall not exceed
limits
imposed upon the department of mental retardation and
developmental disabilities by administrative rules regulating
travel within this state.
(G) The councils shall have reasonable access to all patient
treatment and living areas and records of the institution, except
those records of a strictly personal or confidential nature. The
councils shall have access to a patient's personal records with the
consent of the patient or the patient's legal guardian or, if
the patient is a minor, with the consent of the parent or legal guardian of
the patient.
(H) As used in this section, "branch institution" means a
facility that is located apart from an institution and is under
the control of the managing officer of the institution.
Sec. 5123.11. (A) The director of mental retardation and
developmental disabilities shall MAY enter into an agreement
with the
boards of trustees or boards of directors of two or more
universities in which there is a college of medicine or college
of osteopathic medicine, or of two or more colleges of medicine
or colleges of osteopathic medicine, or any combination thereof OF
THOSE UNIVERSITIES AND COLLEGES,
to establish, manage, and conduct residency medical training
programs. The agreement may also provide for clinical clerkships
for medical students. The director shall also enter into an
agreement with the boards of trustees or boards of directors of
one or more universities in which there is a school of
professional psychology to establish, manage, and conduct
residency psychological training programs.
(B) The department shall pay all costs incurred by a
university or college that relate directly to the training of
resident physicians or psychologists in programs developed under
this section. The director of mental retardation and
developmental disabilities shall ensure that
any procedures and limitations imposed for the purpose of
reimbursing universities or colleges, or for direct payment of
residents' salaries, are incorporated into agreements
between the department and the universities or colleges. Any
agreement shall provide that residency training for a physician
shall not exceed four calendar years.
Sec. 5123.17. The department of mental retardation and developmental
disabilities may provide for the custody, supervision, control, treatment, and
training of mentally retarded or developmentally disabled persons
WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY elsewhere
than within the enclosure of an institution under its jurisdiction, if the
department so determines with respect to any individual or group of
individuals. In all such cases, the department shall ensure adequate
and proper supervision for the protection of such THOSE persons
and of the public.
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. 5123.181. The director of mental retardation and
developmental disabilities and the director of job and
family services
shall, in concert with each other, eliminate all double billings
and double payments for services on behalf of mentally retarded
and developmentally disabled persons WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY in intermediate care
facilities. The department of mental retardation and
developmental disabilities may enter into contracts with
providers of services for the purpose of making payments to such
THE
providers for services rendered to eligible clients who are
mentally retarded or developmentally disabled persons WITH MENTAL
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY over and
above the services authorized and paid under Chapter 5111. of the
Revised Code. Payments authorized under this section and section
5123.18 of the Revised Code shall not be subject to audit
findings pursuant to Chapter 5111. of the Revised Code, unless
such AN audit determines that payment was made to the provider
for
services that were not rendered in accordance with the provisions
of the provider agreement entered into with the department of job and
family services or the department of mental retardation and
developmental disabilities pursuant to this section.
Sec. 5123.19. (A) As used in this section and in
sections 5123.191, 5123.194, and 5123.20 of the
Revised Code:
(1) "Residential facility" means a home or facility in
which a mentally retarded or developmentally disabled person
resides, except the home of a relative or legal guardian in which
a mentally retarded or developmentally disabled person resides, a
respite care home certified under section 5126.05 of the Revised
Code, a county home or district home operated pursuant to Chapter
5155. of the Revised Code, or a dwelling in which the only mentally
retarded or developmentally disabled residents are in an
independent living arrangement or are being provided supported
living.
(2) "Family home" means a residential facility that
provides room and board, personal care, habilitation services,
and supervision in a family setting for at least six but not more
than eight mentally retarded or developmentally disabled persons.
(3) "Group home" means a residential facility that
provides room and board, personal care, habilitation services,
and supervision in a family setting for at least nine but not
more than sixteen mentally retarded or developmentally disabled
persons.
(4) "Political subdivision" means a municipal corporation,
county, or township.
(5) "Foster family home" means a residential facility that
provides room and board, personal care, habilitation services,
and supervision in a family setting for not more than five
mentally retarded or developmentally disabled persons.
(6) "Semi-independent living home" means a residential
facility for a mentally retarded or developmentally disabled
person where, according to the person's individual
habilitation plan, the person demonstrates skills that would
enable the person to function for
specified periods of time without supervision. Such skills
include, but are not limited to, home management, community
mobility, personal hygiene, interpersonal relationship skills,
and self-preservation.
(7)(3) "Independent living arrangement" means an arrangement
in which a mentally retarded or developmentally disabled person
resides in an individualized setting chosen by the person or
the person's
guardian, which is not dedicated principally to the provision of
residential services for mentally retarded or developmentally
disabled persons, and for which no financial support is received
for rendering such service from any governmental agency by a
provider of residential services.
(8)(4) "Supported living" has the same meaning as in section
5126.01 of the Revised Code.
(9)(5) "Licensee" means the person or government agency that
has applied for a license to operate a residential facility and
to which the license was issued under this section.
(B) Every person or government agency desiring to operate
a residential facility shall apply for licensure of the facility
to the director of mental retardation and developmental
disabilities unless the residential facility is subject to
section 3721.02, 3722.04, 5103.03, or 5119.20 of the Revised
Code. Notwithstanding Chapter 3721. of the Revised Code, a
nursing home that is certified as an intermediate care facility
for the mentally retarded under Title XIX of the "Social Security
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, shall
apply for licensure of the portion of the home that is certified
as an intermediate care facility for the mentally retarded.
(C) The director of mental retardation and developmental
disabilities shall license and inspect the operation of
residential facilities. The director may deny or revoke such
licenses.
Except as provided in divisions (G) and (O) of this
section, a license is valid until it is revoked or voluntarily
surrendered. Appeals from proceedings initiated to deny
applications for licenses or to revoke licenses shall be
conducted in accordance with Chapter 119. of the Revised Code.
In accordance with Chapter 119. of the Revised Code, the
director shall adopt and may amend and rescind rules for
licensing and regulating the operation of residential facilities.
The rules shall establish the following:
(1) Procedures for issuing, denying, and revoking
licenses;
(2) Fees for issuing licenses;
(3) Procedures for the inspection of residential
facilities;
(4) Requirements for the training of residential facility
personnel;
(5) Classifications for the various types of residential
facilities;
(6) Certification procedures for licensees and management
contractors that the director determines are necessary to ensure
that they have the skills and qualifications to properly operate
or manage residential facilities;
(7) The maximum number of persons who may be served in a
particular type of residential facility;
(8) Uniform procedures for admission of persons to and
transfers and discharges of persons from residential facilities;
(9) Other standards for the operation of residential
facilities and the services provided at residential facilities;
(10) Procedures for waiving any provision of any rule
adopted under this section.
(D) Before issuing a license, the director of the
department or the director's designee shall conduct an
inspection of the
residential facility for which application is made. The director
or the director's designee shall conduct an inspection of
each licensed
residential facility at least once each year and may conduct
additional inspections as needed. An inspection includes but is
not limited to an on-site examination and evaluation of the
residential facility, its personnel, and the services provided
there.
In conducting inspections, the director or the director's
designee
shall be given access to the residential facility; all records,
accounts, and any other documents related to the operation of the
facility; the licensee; the residents of the facility; and all
persons acting on behalf of, under the control of, or in
connection with the licensee. The licensee and all persons on
behalf of, under the control of, or in connection with the
licensee shall cooperate with the director or the director's
designee in
conducting the inspection.
Following each inspection, unless the director initiates a
license revocation proceeding, the director or the
director's designee shall
provide the licensee with a report listing any deficiencies,
specifying a timetable within which the licensee shall submit a
plan of correction describing how the deficiencies will be
corrected, and, when appropriate, specifying a timetable within
which the licensee must correct the deficiencies. After a plan
of correction is submitted, the director or the director's
designee shall
approve or disapprove the plan. A copy of the report and any
approved plan of correction shall be provided to any person who
requests it.
If it is determined that a residential facility is not
being operated in compliance with this chapter or the rules
adopted under it, the director may take such steps as are
necessary, including, but not limited to, suspension of
admissions to the residential facility, placement of a monitor at
the residential facility, and the initiation of license
revocation proceedings.
When the director initiates license revocation proceedings,
no opportunity for submitting a plan of correction shall be
given. The director shall notify the licensee by letter of the
initiation of such proceedings. The letter shall list the
deficiencies of the residential facility and inform the licensee
that no plan of correction will be accepted. The director shall
also notify each affected resident, the resident's guardian if
the resident is an adult for whom a guardian has been appointed,
the resident's parent or guardian if the resident is a minor, and
the county board of mental retardation and developmental
disabilities.
Pursuant to rules which shall be adopted in
accordance with
Chapter 119. of the Revised Code, the director may order the
immediate removal of residents from a residential facility
whenever conditions at the facility present an immediate danger
of physical or psychological harm to the residents.
In determining whether a residential facility is being
operated in compliance with this chapter or the rules adopted
under it, or whether conditions at a residential facility present
an immediate danger of physical or psychological harm to the
residents, the director may rely on information obtained by a
county board of mental retardation and developmental disabilities
or other governmental agencies in the course of investigating
major unusual incidents. The director shall adopt rules in
accordance with Chapter 119. of the Revised Code that specify
what constitute "major unusual incidents."
The director shall suspend without pay for a period of at
least three days any department employee who notifies or causes
the notification to any unauthorized person of an unannounced
inspection of a residential facility by an authorized
representative of the department.
(E) In proceedings initiated to deny or revoke licenses
under this section, the director may deny or revoke a license
regardless of whether some or all of the deficiencies that
prompted the proceedings have been corrected at the time of the
hearing.
(F) In addition to any other information which may be
required of applicants for a license pursuant to this section,
the director shall require each applicant to provide a copy of an
approved plan for a proposed residential facility pursuant to
section 5123.042 of the Revised Code.
(G) Pursuant to rules which shall be adopted in
accordance
with Chapter 119. of the Revised Code, the director may require
notification to the department of any significant change in the
ownership of a residential facility or in the identity of the
licensee or management contractor. When such notification is not
given, the director may cancel the residential facility's
license. If the director determines that a significant change of
ownership is proposed, the director shall consider the
proposed change to
be an application for development by a new operator pursuant to
section 5123.042 of the Revised Code and shall
advise the applicant within sixty days of such notification that
the current license shall continue in effect or a new license
will be required pursuant to this section.
(H) A county board of mental retardation and developmental
disabilities, the legal rights service, and any interested person
may file complaints alleging violations of statute or department
rule relating to residential facilities with the department. All
complaints shall be in writing and shall state the facts
constituting the basis of the allegation. The department shall
not reveal the source of any complaint unless the complainant
agrees in writing to waive the right to confidentiality or until
so ordered by a court of competent jurisdiction.
The department shall acknowledge receipt of the complaint
and notify the complainant of the action that will be taken with
respect to it within five working days of receiving it.
The substance of a complaint shall not be provided to a
licensee until the commencement of an inspection or
investigation.
(I) The department shall establish procedures for the
notification of interested parties of the transfer or interim
care of residents from residential facilities that are closing or
are losing their license.
(J) Before issuing a license under this section to a
residential facility that will accommodate at any time more than
one mentally retarded or developmentally disabled individual, the
director shall, by first class mail, notify the following:
(1) If the facility will be located in a municipal
corporation, the clerk of the legislative authority of the
municipal corporation;
(2) If the facility will be located in unincorporated
territory, the clerk of the appropriate board of county
commissioners and the clerk of the appropriate board of township
trustees.
The director shall not issue the license for ten days after
mailing the notice, excluding Saturdays, Sundays, and legal
holidays, in order to give the notified local officials time in
which to comment on the proposed issuance.
Any legislative authority of a municipal corporation, board
of county commissioners, or board of township trustees that
receives notice under this division of the proposed issuance of a
license for a residential facility may comment on it in writing
to the director within ten days after the director mailed the
notice, excluding Saturdays, Sundays, and legal holidays. If the
director receives written comments from any notified officials
within the specified time, the director shall make written
findings
concerning the comments and the director's decision on the
issuance of the
license. If the director does not receive written comments from
any notified local officials within the specified time, the
director shall
continue the process for issuance of the license.
(K) Any person may operate a licensed family home RESIDENTIAL
FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE, HABILITATION SERVICES,
AND SUPERVISION IN A FAMILY SETTING FOR AT LEAST SIX BUT NOT MORE THAN EIGHT
PERSONS WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES as a
permitted use in any residential district or zone, including any
single-family residential district or zone, of any political
subdivision. Family homes THESE RESIDENTIAL FACILITIES may be
required to comply with area,
height, yard, and architectural compatibility requirements that
are uniformly imposed upon all single-family residences within
the district or zone.
(L) Any person may operate a licensed group home RESIDENTIAL
FACILITY THAT PROVIDES ROOM AND BOARD, PERSONAL CARE, HABILITATION SERVICES,
AND SUPERVISION IN A FAMILY SETTING FOR AT LEAST NINE BUT NOT MORE THAN
SIXTEEN PERSONS WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL
DISABILITIES as a
permitted use in any multiple-family residential district or zone
of any political subdivision, except that a political subdivision
that has enacted a zoning ordinance or resolution establishing
planned unit development districts may exclude group homes THESE
RESIDENTIAL FACILITIES from
such districts, and a political subdivision that has enacted a
zoning ordinance or resolution may regulate group homes THESE
RESIDENTIAL FACILITIES in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under
reasonable and specific standards and conditions set out in the
zoning ordinance or resolution to:
(1) Require the architectural design and site layout of
the home RESIDENTIAL FACILITY and the location, nature, and
height of any walls,
screens, and fences to be compatible with adjoining land uses and
the residential character of the neighborhood;
(2) Require compliance with yard, parking, and sign
regulation;
(3) Limit excessive concentration of homes THESE RESIDENTIAL
FACILITIES.
(M) This section does not prohibit a political subdivision
from applying to residential facilities nondiscriminatory
regulations requiring compliance with health, fire, and safety
regulations and building standards and regulations.
(N) Divisions (K) and (L) of this section are not
applicable to municipal corporations that had in effect on June
15, 1977, an ordinance specifically permitting in residential
zones licensed residential facilities by means of permitted uses,
conditional uses, or special exception, so long as such ordinance
remains in effect without any substantive modification.
(O) The director may issue an interim license to operate a
residential facility to an applicant for a license under this
section if all of the following conditions are met:
(1) The director determines that an emergency exists that
requires immediate placement of persons in a residential
facility, and insufficient licensed beds are available.
(2) The residential facility meets standards in rules for
interim licenses that the director shall adopt in accordance with
Chapter 119. of the Revised Code.
(3) The director determines that the residential facility
is likely to receive a license under this section within thirty
days after issuance of the interim license.
An interim license shall be valid for thirty days and may
be renewed by the director no more than twice.
(P) Notwithstanding rules adopted pursuant to this section
establishing the maximum number of persons who may be served in a
particular type of residential facility, a residential facility
shall be permitted to serve the same number of persons being
served by the facility on the effective date of such rules or the
number of persons for which the facility is authorized pursuant
to a current application for a certificate of need with a letter
of support from the department of mental retardation and
developmental disabilities and which is in the review process
prior to April 4, 1986.
(Q) The director or the director's designee may enter at
any time,
for purposes of investigation, any home, facility, or other
structure that has been reported to the director or that the
director has reasonable cause to believe is being operated as a
residential facility without a license issued under this section.
The director may petition the court of common pleas of the
county in which an unlicensed residential facility is located for
an order enjoining the person or governmental agency operating
the facility from continuing to operate without a license. The
court may grant the injunction on a showing that the person or
governmental agency named in the petition is operating a
residential facility without a license. The court may grant the
injunction, regardless of whether the residential facility meets
the requirements for receiving a license under this section.
Sec. 5123.21. The director of the department of mental
retardation and developmental disabilities or the director's
designee may
transfer or authorize the transfer of an involuntary resident or
a consenting voluntary resident from one public institution to
another or to an institution other than a public institution or
other facility, if the director determines that it would be
consistent with the habilitation needs of the resident to do so.
Before an involuntary resident may be transferred to a more
restrictive setting, the head MANAGING OFFICER of the
hospital INSTITUTION shall file a motion
with the court requesting the court to amend its order of
placement issued under section 5123.76 of the Revised Code. At
the resident's request, the court shall hold a hearing on the
motion at which the resident has the same rights as at a full
hearing under section 5123.76 of the Revised Code.
Whenever a resident is transferred, the director shall give
written notice of the transfer to the
resident's legal guardian,
parents, spouse,
and counsel, or, if none is known, to the resident's nearest
known relative
or friend. If the resident is a minor, the department before
making such a transfer shall make a minute of the order for
the
transfer and the reason for it upon its record
and shall send
a certified copy at least seven days prior to the
transfer to
the person shown by its record to have had the care or custody of
the minor immediately prior to the
minor's commitment.
Whenever a
consenting voluntary resident is transferred, the
notification
shall be given only at the resident's request. The managing
officer shall advise a voluntary resident who is being
transferred that the patient may decide if such
a
notification shall be
given. In all such transfers, due consideration shall be given
to the relationship of the resident to the resident's
family, legal
guardian, or friends, so as to maintain relationships and
encourage visits beneficial to the resident.
Sec. 5123.27. The director of mental retardation and
developmental disabilities may accept, hold, and administer in
trust on behalf of the state, if it is for the public interest,
any grant, devise, gift, or bequest of money or property made to
the state for the use or benefit of any institution under the
jurisdiction of the department of mental retardation and
developmental disabilities or for the use and benefit of mentally
retarded or developmentally disabled persons WITH MENTAL RETARDATION OR
ANOTHER DEVELOPMENTAL DISABILITY under the control of
the department. If the trust so provides, the money or property
may be used for any work which the department is authorized to
undertake.
The department shall keep such gift, grant, devise, or
bequest as a distinct property or fund and, if it is in money,
shall invest it in the manner provided by law. The department
may deposit in a proper trust company or savings bank any money
left in trust during a specified life or lives and shall adopt
rules governing the deposit, transfer, withdrawal, or investment
of such THE money and the income thereof FROM IT.
The department shall, in the manner prescribed by the
director of budget and management pursuant to section 126.21 of
the Revised Code, account for all money or property received or
expended under this section. The records, together with a
statement certified by the depository showing the money deposited
there to the credit of the trust, shall be open to public
inspection. The director of budget and management may require
the department to file a report with him THE DIRECTOR on any
particular
portion, or the whole, of any trust property received or expended
by it.
The department shall, upon the expiration of any trust
according to its terms, dispose of the money or property held
thereunder UNDER THE TRUST in the manner provided in the
instrument creating the
trust. If the instrument creating the trust failed to make any
terms of disposition, or if no trust was in evidence, then the
decedent resident's money, saving or commercial deposits,
dividends or distributions, bonds, or any other interest-bearing
debt certificate or stamp issued by the United States government
shall escheat to the state. All such unclaimed intangible
personal property of a former resident shall be retained by the
managing officer in such institution for the period of one year,
during which time every possible effort shall be made to find
such THE former resident or his THE FORMER
RESIDENT'S legal
representative.
If after a period of one year from the time the resident
has left the institution or has died, the managing officer has
been unable to locate such THE person or his THE
PERSON'S legal
representative,
then, upon proper notice of such THAT fact, the
director shall at that
time formulate in writing a method of disposition on the minutes
of the department authorizing the managing officer to convert
such intangible personal property to cash to be paid into the
state treasury to the credit of the general revenue fund.
The department shall include in its annual report a
statement of all such money and property and the terms and
conditions relating thereto TO THEM.
Sec. 5123.34. This chapter attempts to do all of the following:
(A) Provide humane and scientific treatment and care
and the highest attainable degree of individual development for
mentally retarded or developmentally disabled persons WITH MENTAL
RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY;
(B) Promote the study of the causes of mental
retardation and developmental disabilities, with a view to
ultimate prevention;
(C) Secure by uniform and systematic management the
highest attainable degree of economy in the administration of the
institutions under the control of the department of mental
retardation and developmental disabilities.
Sections 5123.02 to 5123.04, 5123.041 to 5123.043,
5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised Code shall be
liberally construed to attain such THESE purposes.
Sec. 5123.351. The director of mental retardation and
developmental disabilities, with respect to the eligibility for
state reimbursement of expenses incurred by facilities and
programs established and operated under Chapter 5126. of the
Revised Code for mentally retarded and developmentally disabled
persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL
DISABILITY, shall do all of the following:
(A) Make rules that may be necessary to carry
out the
purposes of Chapter 5126. and sections 5123.35, 5123.351, and
5123.36 of the Revised Code;
(B) Define minimum standards for qualifications of
personnel, professional services, and in-service training and
educational leave programs;
(C) Review and evaluate community programs and make
recommendations for needed improvements to county boards of
mental retardation and developmental disabilities and to program
directors;
(D) Withhold state reimbursement, in whole or in part,
from any county or combination of counties for failure to comply
with Chapter 5126. or section 5123.35 or 5123.351 of the Revised
Code or rules of the department of mental retardation and
developmental disabilities;
(E) Withhold state funds from an agency, corporation, or
association denying or rendering service on the basis of race,
color, sex, religion, ancestry, national origin, disability
as defined in section 4112.01 of the Revised Code, or
inability to pay;
(F) Provide consultative staff service to communities to
assist in ascertaining needs and in planning and establishing
programs.
Sec. 5123.353. (A) There is hereby established the
community mental retardation and developmental disabilities trust
fund advisory council, which shall consist of the director of
mental retardation and developmental disabilities and the
following members appointed by the director:
(1) Two representatives of the Ohio association of county
boards of mental retardation and developmental disabilities;
(2) Two representatives of the department of mental
retardation and developmental disabilities who have expertise in
community services and programs for mentally retarded or
developmentally disabled persons WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY;
(3) One representative of private providers of residential
services for mentally retarded or developmentally disabled
persons WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY;
(4) Three consumers or representatives of consumers of
community services and programs for mentally retarded or
developmentally disabled persons WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY.
(B) The director shall make initial appointments not later
than sixty days after October 29, 1993. All terms shall be two years. Each
member shall serve until the member's
successor is appointed, and any vacancy shall be filled within
thirty days for the remainder of the unexpired term in the same
manner as the original appointment. Members may be reappointed.
A member is subject to removal by the director for any of the
causes specified in section 3.07 of the Revised Code.
(C) Members appointed by the director who are not
employees of the department shall serve without compensation from
the department, but shall be reimbursed from the community mental
retardation and developmental disabilities trust fund for the
actual and necessary expenses they incur in the performance of
their official duties.
(D) The director shall serve as chairperson of the council and,
in consultation with the members, establish the method of
operation of the council, including scheduling of consultations
with the department and at least quarterly meetings of the
council. The department shall provide to the council
such THE administrative support and technical assistance
as THAT the council requests.
(E) The council shall advise the department on the operation
of the trust fund and the distribution of moneys from the trust
fund.
Sec. 5123.55. As used in sections 5123.55 to 5123.59 of
the Revised Code:
(A) "Guardian" means a guardian of the person, limited
guardian, interim guardian, or emergency guardian pursuant to
appointment by the probate court under Chapter 2111. of the
Revised Code.
(B) "Trustee" means a trustee appointed by and accountable
to the probate court, in lieu of a guardian and without a
judicial determination of incompetency, with respect to an estate
of seven TEN thousand dollars or less.
(C) "Protector" means an agency under contract with the
department of mental retardation and developmental disabilities
acting with or without court appointment to provide guidance,
service, and encouragement in the development of maximum
self-reliance to a mentally retarded or developmentally
disabled person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL
DISABILITY, independent of any determination of
incompetency.
(D) "Protective service" means performance of the duties
of a guardian, trustee, or conservator, or acting as a protector,
with respect to a mentally retarded or developmentally disabled
person WITH MENTAL RETARDATION OR ANOTHER DEVELOPMENTAL DISABILITY.
(E) "Conservator" means a conservator of the person
pursuant to an appointment by a probate court under Chapter 2111.
of the Revised Code.
Sec. 5123.62. The rights of mentally retarded persons and
of developmentally disabled persons WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY include, but are not limited
to, the following:
(A) The right to be treated at all times with courtesy and
respect and with full recognition of their dignity and
individuality;
(B) The right to an appropriate, safe, and sanitary living
environment that complies with local, state, and federal
standards and recognizes the persons' need for privacy and
independence;
(C) The right to food adequate to meet accepted standards
of nutrition;
(D) The right to practice the religion of their choice or
to abstain from the practice of religion;
(E) The right of timely access to appropriate medical or
dental treatment;
(F) The right of access to necessary ancillary services,
including, but not limited to, occupational therapy, physical
therapy, speech therapy, and behavior modification and other
psychological services;
(G) The right to receive appropriate care and treatment in
the least intrusive manner;
(H) The right to privacy, including both periods of
privacy and places of privacy;
(I) The right to communicate freely with persons of their
choice in any reasonable manner they choose;
(J) The right to ownership and use of personal possessions
so as to maintain individuality and personal dignity;
(K) The right to social interaction with members of either
sex;
(L) The right of access to opportunities that enable
individuals to develop their full human potential;
(M) The right to pursue vocational opportunities that will
promote and enhance economic independence;
(N) The right to be treated equally as citizens under the law;
(O) The right to be free from emotional, psychological,
and physical abuse;
(P) The right to participate in appropriate programs of
education, training, social development, and habilitation and in
programs of reasonable recreation;
(Q) The right to participate in decisions that affect their lives;
(R) The right to select a parent or advocate to act on their behalf;
(S) The right to manage their personal financial affairs,
based on individual ability to do so;
(T) The right to confidential treatment of all information
in their personal and medical records, except to the extent that
disclosure or release of records is permitted under sections
5123.89 and 5126.044 of the Revised Code;
(U) The right to voice grievances and recommend changes in
policies and services without restraint, interference, coercion,
discrimination, or reprisal;
(V) The right to be free from unnecessary chemical or
physical restraints;
(W) The right to participate in the political process;
(X) The right to refuse to participate in medical,
psychological, or other research or experiments.
Sec. 5123.63. Every state agency, county board of mental
retardation and developmental disabilities, or political
subdivision that provides services, either directly or through a
contract, to mentally retarded and developmentally disabled
persons WITH MENTAL RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES
shall give each provider a copy of the list of rights
contained in section 5123.62 of the Revised Code. Each public
and private provider of services shall carry out the requirements
of this section in addition to any other posting or notification
requirements imposed by local, state, or federal law or rules.
The provider shall make copies of the list of rights and
shall be responsible for an initial distribution of the list to
each individual receiving services from the provider. If the
individual is unable to read the list, the provider shall
communicate the contents of the list to the individual to the
extent practicable in a manner that the individual understands.
The individual receiving services or the parent, guardian, or
advocate of the individual shall sign an acknowledgement of
receipt of a copy of the list of rights, and a copy of the signed
acknowledgement shall be placed in the individual's file. The
provider shall also be responsible for answering any questions
and giving any explanations necessary to assist the individual to
understand the rights enumerated. Instruction in these rights
shall be a part of all individual habilitation plans DOCUMENTED.
Each provider shall post in a place accessible to all
persons receiving services and all employees and visitors a copy
of the list of rights and the addresses and telephone numbers of
the legal rights service, the department of mental retardation
and developmental disabilities, and the county board of mental
retardation and developmental disabilities of the county in which
the provider provides services.
Sec. 5123.67. This chapter shall be liberally interpreted
to accomplish the following purposes:
(A) To promote the human dignity and to protect the
constitutional rights of mentally retarded persons and
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER
DEVELOPMENTAL DISABILITIES in the state;
(B) To encourage the development of the ability and
potential of each mentally retarded person and each
developmentally disabled person WITH MENTAL RETARDATION OR ANOTHER
DEVELOPMENTAL DISABILITY in the state to the fullest
possible extent, no matter how severe his THE degree of
disability;
(C) To promote the economic security, standard of living,
and meaningful employment of mentally retarded persons and
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER
DEVELOPMENTAL DISABILITIES;
(D) To maximize the assimilation of mentally retarded or
developmentally disabled persons WITH MENTAL RETARDATION OR OTHER
DEVELOPMENTAL DISABILITIES into the ordinary life of the
communities in which they live;
(E) To recognize the need of mentally retarded or
developmentally disabled PROMOTE OPPORTUNITIES FOR persons,
whenever care in a residential facility is absolutely necessary, to live in
surroundings and circumstances as close to normal as possible WITH
MENTAL RETARDATION OR OTHER DEVELOPMENTAL DISABILITIES TO LIVE IN SURROUNDINGS
OR CIRCUMSTANCES THAT ARE TYPICAL FOR OTHER COMMUNITY MEMBERS;
(F) TO PROMOTE THE RIGHT OF PERSONS WITH MENTAL RETARDATION OR
OTHER DEVELOPMENTAL DISABILITIES TO SPEAK AND BE HEARD ABOUT THE DESIRED
DIRECTION OF THEIR LIVES AND TO USE AVAILABLE RESOURCES IN WAYS THAT FURTHER
THAT DIRECTION.
Sec. 5123.801. If neither a discharged resident, NOR a
resident granted trial visit, nor the persons requesting his THE
RESIDENT'S trial visit or discharge are financially able to bear the
expense
of his removal THE RESIDENT'S TRIAL VISIT OR DISCHARGE, the
managing officer of an
institution under the
control of the department of mental retardation and developmental
disabilities may then provide actual traveling and escort
expenses to the township of which the resident resided at the
time of institutionalization. The amount payable, which sum in
no case shall exceed twenty dollars, shall be charged to the
current expense fund of the hospital INSTITUTION.
The expense of the return of a resident on trial visit from
an institution, if it cannot be paid by the responsible
relatives, shall be borne by the county of institutionalization.
The managing officer of the institution shall take all
proper measures for the apprehension of an escaped resident. The
expense of the return of an escaped resident shall be borne by
the institution where the resident is institutionalized.
The managing officer of the institution shall provide
sufficient and proper clothing for traveling if neither the
resident nor the persons requesting his THE RESIDENT'S trial
visit or discharge are financially able to provide such THAT
clothing.
Sec. 5123.85. (A) All residents institutionalized
pursuant to Chapter 5123. of the Revised Code THIS CHAPTER shall
receive,
within twenty THIRTY days of their admission, a comprehensive
evaluation, A diagnosis, A prognosis, and a description of
habilitation goals consistent therewith.
(B) All such residents shall have a written habilitation
plan consistent with the comprehensive evaluation, diagnosis,
prognosis, and goals which shall be provided, upon request of
resident or resident's counsel, to resident's counsel and to any
private physician designated by the resident or his THE
RESIDENT'S counsel.
(C) All such residents shall receive habilitation and care
consistent with the habilitation plan. The department of mental
retardation and developmental disabilities shall set standards
for habilitation and care provided to such residents, consistent
wherever possible with standards set by the joint commission on
accreditation of facilities for the mentally retarded.
(D) All such residents shall receive periodic
comprehensive re-evaluations of the habilitation plan by the
professional staff of the institution at intervals not to exceed
ninety days.
(E) All such residents shall be provided with prompt and
adequate medical treatment for any physical or mental disease or
injury.
Sec. 5123.89. (A) All certificates, applications,
records, and reports made for the purpose of this chapter, other
than court journal entries or court docket entries, which
directly or indirectly identify a resident or former resident of
an institution for the mentally retarded or person whose
institutionalization has been sought under this chapter shall be
kept confidential and shall not be disclosed by any person except
insofar as IN THE FOLLOWING SITUATIONS:
(1) It is the judgment of the court for judicial records,
and the managing officer for institution records, that disclosure
is in the best interest of the person identified, and such
THAT person
or his THAT PERSON'S guardian or, if he THAT
PERSON is a minor,
his THAT PERSON'S parent or guardian
consents;.
(2) Disclosure may be IS provided for in other sections of
this chapter of the Revised Code;.
(3) It is the judgment of the managing officer for
institution records that disclosure to a mental health facility
is in the best interest of the person identified.
(B) The department of mental retardation and developmental
disabilities shall adopt and promulgate rules with respect to the
systematic and periodic destruction of residents' records.
(C)(1) AS USED IN THIS DIVISION, "FAMILY" MEANS A PARENT,
BROTHER, SISTER, SPOUSE, SON, DAUGHTER, GRANDPARENT, AUNT, UNCLE, OR COUSIN.
(2) UPON THE DEATH OF A RESIDENT OR FORMER RESIDENT OF AN INSTITUTION FOR
THE MENTALLY RETARDED OR A PERSON WHOSE INSTITUTIONALIZATION WAS SOUGHT UNDER
THIS CHAPTER, THE MANAGING OFFICER OF AN INSTITUTION SHALL PROVIDE ACCESS TO
THE CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS MADE FOR THE PURPOSES OF
THIS CHAPTER TO THE RESIDENT'S, FORMER RESIDENT'S, OR PERSON'S GUARDIAN IF THE
GUARDIAN MAKES A WRITTEN REQUEST. IF A DECEASED RESIDENT, FORMER RESIDENT, OR
PERSON WHOSE INSTITUTIONALIZATION WAS SOUGHT UNDER THIS CHAPTER DID NOT HAVE A
GUARDIAN AT THE TIME OF DEATH, THE MANAGING OFFICER SHALL PROVIDE ACCESS TO
THE CERTIFICATES, APPLICATIONS, RECORDS, AND REPORTS MADE FOR PURPOSES OF THIS
CHAPTER TO A MEMBER OF THE PERSON'S FAMILY, UPON THAT FAMILY MEMBER'S WRITTEN
REQUEST.
(D) No person shall reveal the contents of a record of a
resident except as authorized by this chapter.
Sec. 5123.93. Mentally retarded minors MINORS WITH MENTAL
RETARDATION shall remain under
the guardianship of their parents or of a guardian appointed
pursuant to Chapter 2111. of the Revised Code, notwithstanding
institutionalization pursuant to any section of this chapter,
unless parental rights have been terminated pursuant to a court
finding that the child is neglected, abused, or dependent
pursuant to Chapter 2151. of the Revised Code. If a mentally
retarded minor WITH MENTAL RETARDATION has been found to be
dependent, abused, or
neglected, the public children services
agency to whom permanent custody has been assigned
pursuant to Chapter 2151. of the Revised Code shall have the same authority
and responsibility it
would have if the child were not mentally retarded and were not
institutionalized. In no case shall the guardianship of a
mentally retarded person WITH MENTAL RETARDATION be assigned to
the managing officer or
any other employee of an institution in which the person is
institutionalized, OR BE ASSIGNED, UNLESS THERE IS A RELATIONSHIP BY
BLOOD OR MARRIAGE OR UNLESS THE SERVICE IS A PROTECTIVE SERVICE AS DEFINED IN
SECTION 5123.55 of the Revised Code, TO A PERSON OR AGENCY WHO PROVIDES SERVICES TO THE
PERSON
WITH MENTAL RETARDATION.
Sec. 5126.02. (A)(1) There is hereby created in each county a
county board of mental retardation and developmental disabilities
consisting of seven members, five of whom shall be appointed by
the board of county commissioners of the county, and two of whom
shall be appointed by the probate judge of the county. Each
member shall be a resident of the county. The membership of the board shall,
as nearly as possible, reflect the composition of the population of the
county.
All persons appointed to the board MEMBERS shall be persons
interested and
knowledgeable in the field of mental retardation and other allied fields.
ALL BOARD MEMBERS SHALL BE CITIZENS OF THE UNITED
STATES. Of the members appointed by the board of county
commissioners, at least two shall be relatives by blood or
marriage of persons eligible
for and currently receiving services provided by the county board
of mental retardation and developmental disabilities, and,
whenever possible, one shall be a relative of a person eligible
for and currently receiving adult services, and the other shall
be a relative of a person eligible for and currently receiving
services for pre-school or school-age children. Of the two
members appointed by the probate judge, at least one shall be a
relative by blood or marriage of a person eligible for or currently
receiving services in a public or private residential facility
subject to regulation or licensure by the director of mental
retardation and developmental disabilities under sections 5123.19
and 5123.20 of the Revised Code.
BOTH THE BOARD OF COUNTY COMMISSIONERS AND THE PROBATE JUDGE SHALL APPOINT
UNDER THIS SECTION, TO THE MAXIMUM EXTENT POSSIBLE, MEMBERS WHO FULFILL ANY
APPLICABLE REQUIREMENTS OF THIS SECTION FOR APPOINTMENT AND WHO ALSO HAVE
PROFESSIONAL TRAINING AND EXPERIENCE IN BUSINESS MANAGEMENT, FINANCE, LAW,
HEALTH CARE PRACTICE, PERSONNEL ADMINISTRATION, OR GOVERNMENT SERVICE.
(2) All appointments shall be for terms of
four years. The membership of a person appointed as a
relative of a recipient of services
shall not be terminated because the services are no longer received.
Members may be reappointed, except as provided in division (A)(3) of this
section and section 5126.022 of the Revised Code. Prior to making a
reappointment, the appointing authority shall ascertain, through written
communication with the board, that the member being considered for
reappointment meets the requirements of this section and section 5126.022 of
the Revised Code.
(3) A member who has served during each of two
consecutive terms shall not be reappointed for a subsequent term
until one year after ceasing to be a member of the board,
except that a member who has served for six years or less within
two consecutive terms may be reappointed for a subsequent term
before becoming ineligible for reappointment for one year.
(4) Within sixty days after a vacancy occurs, it
shall be filled by the appointing authority for the unexpired
term. Any member appointed to fill a vacancy occurring prior to
the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. Appointment other
than appointment to fill a vacancy shall be
made no later than the last day of November of each year, and the
term of office shall commence on the date of the stated annual
organizational meeting.
(5) Board members shall serve without
compensation, but shall be reimbursed for necessary expenses
incurred in the conduct of board business, including those
incurred within the county of residence.
(B) Each year each board member shall attend at least one
in-service training session provided by or approved by the
department of mental retardation and developmental disabilities. Such
THESE training sessions shall not be considered regularly
scheduled meetings of the board.
(C) A county board of mental retardation and developmental
disabilities shall be operated as a separate administrative and
service entity. The board's functions shall not be combined with
the functions of any other entity of county government.
Sec. 5126.023. (A) Each county board
of mental retardation and developmental disabilities shall either employ a
superintendent or obtain the services of the superintendent of another county
board of mental retardation and developmental disabilities. The board shall
provide for a superintendent who is qualified, as
specified in rules adopted by the department of mental retardation and
developmental disabilities in accordance with
Chapter 119. of the Revised Code. The
superintendent shall have no voting privileges on the board.
The board shall prescribe the duties of its superintendent and review the
superintendent's performance. The superintendent may be removed, suspended,
or demoted for cause pursuant to section 5126.23 of the
Revised Code. The board shall fix the superintendent's
compensation and reimburse the superintendent for actual and necessary
expenses.
Each county board that employs its own superintendent shall employ the
superintendent under a contract. To enter into a contract, the board shall
adopt a resolution agreeing to the contract. Each contract for employment or
re-employment of a superintendent shall be for a term of not less than one and
not more than five years. At the expiration of a superintendent's current
term of employment, the superintendent shall be re-employed for a term of one
year at the same salary, plus any increments that may be authorized by the
board, unless the board gives the superintendent written notification of its
intention not to re-employ the superintendent. With regard to an initial
contract, if the contract is for one year, the notice shall be provided not
less than sixty days prior to the contract's expiration; if the contract is
for more than one year, the notice shall be provided not less than ninety days
prior to the contract's expiration. With regard to contracts for
re-employment, the notice shall be given not less than ninety days prior to
the contract's expiration, regardless of its duration.
(B) Two or more county boards may enter into an arrangement under which the
superintendent of one county board acts as the superintendent of another
county board. To enter into such an arrangement, each board shall adopt a
resolution agreeing to the arrangement. The resolutions shall specify the
duration of the arrangement and the contribution each board is to make to the
superintendent's compensation and reimbursement for expenses.
(C) IF A VACANCY OCCURS IN THE POSITION OF SUPERINTENDENT, A
COUNTY BOARD MAY APPOINT A PERSON WHO HOLDS A VALID SUPERINTENDENT'S
CERTIFICATE ISSUED UNDER THE RULES OF THE DEPARTMENT TO WORK UNDER A CONTRACT
FOR AN INTERIM PERIOD NOT TO EXCEED ONE HUNDRED TWENTY DAYS UNTIL A PERMANENT
SUPERINTENDENT CAN BE EMPLOYED OR ARRANGED FOR UNDER DIVISION (A) OR
(B) OF THIS SECTION. THE DIRECTOR OF THE DEPARTMENT MAY APPROVE
ADDITIONAL PERIODS OF TIME FOR THESE TYPES OF INTERIM APPOINTMENTS WHEN SO
REQUESTED BY A RESOLUTION ADOPTED BY A COUNTY BOARD, IF THE DIRECTOR
DETERMINES THAT THE ADDITIONAL PERIODS ARE WARRANTED AND THE SERVICES OF A
PERMANENT SUPERINTENDENT ARE NOT AVAILABLE.
Sec. 5126.042. (A) As used in this section:
(1) "Emergency" means any situation that creates for an
individual with mental retardation or developmental disabilities a risk of
substantial self-harm or substantial harm to others if action is not taken
within thirty days. An "emergency" may include one or more of the following
situations:
(a) Loss of present residence for any reason, including legal
action;
(b) Loss of present caretaker for any reason, including serious
illness of the caretaker, change in the caretaker's status, or inability of
the caretaker to perform effectively for the individual;
(c) Abuse, neglect, or exploitation of the individual;
(d) Health and safety conditions that pose a serious risk to the
individual or others of immediate harm or death;
(e) Change in the emotional or physical condition of the
individual that necessitates substantial accommodation that cannot be
reasonably provided by the individual's existing caretaker.
(2) "MEDICAID" HAS THE SAME MEANING AS IN SECTION 5111.01 of the Revised Code.
(3) "Priority" means any situation that would constitute an
emergency
except that action to resolve the situation may be taken in more than thirty
but less than ninety days without creating a risk of substantial harm to self
or others.
(B) If a county board of mental
retardation and developmental disabilities determines that
available resources are not sufficient to meet the needs of all
individuals who request programs and services and may be offered
the programs and services, it shall establish waiting lists for
services. The board may establish priorities for making placements on its
waiting lists according to an individual's emergency or priority status.
The individuals who may be placed on a waiting list include individuals
with a need for services on an emergency or priority basis and individuals who
have requested services for which resources are not available.
An individual who currently receives a service but would like to change
to another service shall not be placed on a waiting list but shall be placed
on a service substitution list. The board shall work with the individual,
service providers, and all appropriate entities to facilitate the change in
service as expeditiously as possible. The board may establish priorities for
making placements on its service substitution lists according to an
individual's emergency or priority status.
In addition to maintaining waiting lists and service substitution lists,
a board shall maintain a long-term service planning registry for individuals
who wish to record their intention
to request in the future a service they are not currently receiving. The
purpose of the registry is to enable
the board to document requests and to plan appropriately. The board may not
place an individual on the registry who meets the conditions for receipt of
services on an emergency or priority basis.
(C) A county board shall establish a separate waiting list
for each of the following categories of services, and may
establish separate waiting lists within the waiting lists:
(1) Early childhood services;
(2) Educational programs for preschool and school age children;
(3) Adult services;
(4) Case management services;
(5) Residential services and supported living;
(6) Transportation services;
(7) Other services determined necessary and appropriate
for mentally retarded or developmentally disabled persons WITH
MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES according to their
individual habilitation or service plans;
(8) Family support services provided under section 5126.11 of the Revised
Code.
(D) Prior to establishing any waiting list under this
section, a county board shall develop and implement a policy for
waiting lists that complies with rules that the department of
mental retardation and developmental disabilities shall adopt in
accordance with Chapter 119. of the Revised Code. The
department's rules shall include procedures to be followed to
ensure that the due process rights of individuals placed on
waiting lists are not violated.
Prior to placing an individual on a waiting list, the county board
shall assess the service needs of the individual in accordance
with all applicable state and federal laws. The county board
shall place the individual on the appropriate waiting list and
may place the individual on more than one waiting list.
At least annually, the county board shall reassess the
service needs of each individual on a waiting list. If it
determines that an individual no longer needs a program or
service, the county board shall remove the individual from
the waiting list. If it determines that an individual needs a program or
service other than the one for which the individual is on the waiting list,
the county board shall provide the program or service to the
individual or place the individual on a waiting list for the
program or service in accordance with the board's policy for waiting lists.
When a program or service for which there is a waiting list
becomes available, the county board shall reassess the service
needs of the individual next scheduled on the waiting list to
receive that program or service. If the reassessment
demonstrates that the individual continues to need the program or
service, the board shall offer the program or service to the
individual. If it determines that an individual no longer needs a program or
service, the county board shall remove the individual from the waiting list.
If it determines that an individual needs a program or service other than the
one for which the individual is on the waiting list, the
county board shall provide the program or service to the
individual or place the individual on a waiting list for the program or
service in accordance with the board's policy for waiting lists.
(E) A child subject to a determination made pursuant to section
121.38 of the Revised Code who requires the home and
community-based services provided through the medical assistance waiver
programs operated under sections 5111.87 and 5111.88 of the Revised Code shall
receive services through the waiver programs adopted under Chapters 5111.,
5123., and 5126. of the Revised Code. For all other services, a child subject
to a determination made pursuant to section 121.38 of the Revised Code shall
be treated as an emergency by the county boards and shall not be subject to a
waiting list.
(F) Not later than the fifteenth day of
March of each even-numbered year, each county board
shall prepare and submit to the director of mental
retardation and developmental disabilities its recommendations for the funding
of services for individuals with mental retardation and developmental
disabilities and its proposals for reducing the waiting lists for services.
(G) THE FOLLOWING SHALL TAKE PRECEDENCE OVER THE APPLICABLE
PROVISIONS OF THIS SECTION:
(1) MEDICAID RULES AND REGULATIONS;
(2) ANY SPECIFIC REQUIREMENTS THAT MAY BE CONTAINED WITHIN A MEDICAID
STATE PLAN AMENDMENT OR WAIVER PROGRAM THAT A COUNTY BOARD HAS AUTHORITY TO
ADMINISTER OR WITH RESPECT TO WHICH IT HAS AUTHORITY TO PROVIDE SERVICES,
PROGRAMS, OR SUPPORTS.
Sec. 5126.044. (A) As used in this section,:
(1) "eligible ELIGIBLE person" has the same meaning as
in section 5126.03 of the Revised Code.
(2) "FAMILY" MEANS A PARENT, BROTHER, SISTER, SPOUSE, SON,
DAUGHTER, GRANDPARENT, AUNT, UNCLE, OR COUSIN.
(B) Except as provided in division (D) of this section, no
person shall disclose the identity of an individual who requests
programs or services under this chapter or release a record or
report regarding an eligible person that is maintained by a
county board of mental retardation and developmental disabilities
or an entity under contract with a county board unless one of the
following circumstances exists:
(1) The individual, eligible person, or the individual's
guardian, or, if the individual is a minor, the
individual's parent or guardian, makes a written request
to the county board or entity for or approves in writing
disclosure of the individual's identity or release of the record
or report regarding the eligible person.
(2) Disclosure of the identity of an individual is needed
for approval of a direct services contract under section 5126.032
or 5126.033 of the Revised Code. The county board shall release
only the individual's name and the general nature of the services
to be provided.
(3) Disclosure of the identity of the individual is needed
to ascertain that the county board's waiting lists for programs
or services are being maintained in accordance with section
5126.042 of the Revised Code and the rules adopted under that
section. The county board shall release only the individual's
name, the general nature of the programs or services to be
provided the individual, the individual's rank on each
waiting list that
includes the individual, and any circumstances under which the
individual was given priority when placed on a waiting list.
(C) A board or entity that discloses an individual's
identity or releases a record or report regarding an eligible
person shall maintain a record of when and to whom the disclosure
or release was made.
(D)(1) At the request of an eligible person or the person's
guardian or, if the eligible person is a minor,
the person's parent or guardian, a county
board or entity under contract with a county board shall provide
the person who made the request access to records and reports
regarding the eligible person. On written request, the county
board or entity shall provide copies of the records and reports
to the eligible person, guardian, or parent. The county board or
entity may charge a reasonable fee to cover the costs of copying. The county
board or entity may waive the fee in cases of hardship.
(2) A county board shall provide access to any waiting
list or record or report regarding an eligible person maintained by the board
to any state agency responsible for monitoring and reviewing programs
and services provided or arranged by the county board, any state
agency involved in the coordination of services for an eligible
person, and any agency under contract with the department of
mental retardation and developmental disabilities for the
provision of protective service pursuant to section 5123.56 of
the Revised Code.
(E) A county board shall notify an eligible person, the
person's
guardian, or, if the eligible person is a minor, the person's parent or
guardian, prior to destroying any record or report regarding the eligible
person.
(F) UPON THE DEATH OF AN ELIGIBLE PERSON OR A PERSON WHO REQUESTS
PROGRAMS OR SERVICES UNDER THIS CHAPTER, THE COUNTY BOARD OR ENTITY UNDER
CONTRACT WITH THE COUNTY BOARD SHALL PROVIDE ACCESS TO THE RECORDS OR REPORTS
REGARDING THE ELIGIBLE PERSON OR PERSON TO THE ELIGIBLE PERSON'S OR PERSON'S
GUARDIAN IF THE GUARDIAN MAKES A WRITTEN REQUEST. IF A DECEASED ELIGIBLE
PERSON OR PERSON DID NOT HAVE A GUARDIAN AT THE TIME OF DEATH, THE COUNTY
BOARD OR ENTITY SHALL PROVIDE THAT ACCESS TO A MEMBER OF THE ELIGIBLE PERSON'S
OR PERSON'S FAMILY UPON THAT FAMILY MEMBER'S WRITTEN REQUEST.
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 WILL 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 DO not handicapped HAVE
DISABILITIES;
(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. 5126.12. (A) As used in this section:
(1) "Approved school age unit" means a class or unit operated by a
county board of
mental
retardation and developmental disabilities and approved by the
state board of education under division (D) of section 3317.05
of the Revised Code.
(2) "Approved preschool unit" means a class or unit operated by a
county board of mental retardation and developmental disabilities and approved
by the state board of education under division (B) of section 3317.05
of the Revised Code.
(3) "Active treatment" means a continuous treatment
program, which includes aggressive, consistent implementation of
a program of specialized and generic training, treatment, health
services, and related services, that is directed toward the
acquisition of behaviors necessary for an individual with mental retardation
or other developmental disability to function with
as much self-determination and independence as possible and
toward the prevention of deceleration, regression, or loss of
current optimal functional status.
(4) "Eligible for active treatment" means that an
individual with
mental retardation or other developmental disability resides in an
intermediate care facility for the mentally retarded certified
under Title XIX of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C. 301, as amended; resides in a state institution
operated by the department of mental retardation and
developmental disabilities; or is enrolled in a home and
community-based services waiver program administered by
the department of mental retardation and developmental
disabilities as part of the medical assistance
program established under section 5111.01 of the Revised Code.
(5) "Community alternative funding system" means the
program under which habilitation services are reimbursed under
the medical assistance program pursuant to section 5111.041 of
the Revised Code and rules adopted under that section.
(6) "Community employment program" means community
employment services provided outside of a sheltered workshop
setting under which the person earns competitive wages for the
performance of work.
(7) "Traditional adult services" means vocational and
nonvocational activities conducted within a sheltered workshop or
adult activity center or supportive home services.
(B) Each county board of mental retardation and
developmental disabilities shall certify to the director of
mental retardation and developmental disabilities all of the following:
(1) On or before the fifteenth day of October, the average daily
membership for the first full week of programs and services
during October receiving:
(a) Early childhood services provided pursuant to section
5126.05 of the Revised Code for children who are less than three
years of age on the thirtieth day of September of the academic
year;
(b) Special education for handicapped children in approved school age
units;
(c) Adult services for persons sixteen years of age and
older operated pursuant to section 5126.05 and division (B) of
section 5126.051 of the Revised Code. Separate counts shall be made for
the following:
(i) Persons enrolled in traditional adult services who are
eligible for but not enrolled in active treatment under the
community alternative funding system;
(ii) Persons enrolled in traditional adult services who
are eligible for and enrolled in active treatment under the
community alternative funding system;
(iii) Persons enrolled in traditional adult services but
who are not eligible for active treatment under the community
alternative funding system;
(iv) Persons participating in community employment
services. To be counted as participating in community employment
services, a person must have spent an average of no less than
twenty TEN hours per week in such THAT employment
during the preceding six
months.
(d) Other programs in the county for individuals with mental
retardation and developmental disabilities that have been approved for
payment of subsidy by the department of mental retardation and
developmental disabilities.
The membership in each such program and service in the
county shall be reported on forms prescribed by the department of
mental retardation and developmental disabilities.
The department of mental retardation and developmental
disabilities shall adopt rules defining full-time equivalent
enrollees and for determining the
average daily membership therefrom, except that
certification
of average daily membership in approved school age
units shall be
in accordance with
rules adopted by the state board of education. The average daily
membership figure shall be determined by dividing the amount
representing the sum of the number of enrollees in each program or
service in the week for which the certification
is made by the number of days the program or
service was
offered
in that week. No enrollee may be counted in average daily
membership for more than one program or service.
(2) By the fifteenth day of December, the number of children
enrolled in approved preschool units on the first day of December;
(3) By ON OR BEFORE the fifteenth THIRTIETH day
of February MARCH, an itemized report
of ALL INCOME AND OPERATING expenditures for the IMMEDIATELY
preceding calendar year which have been approved for reimbursement by the
director, IN THE FORMAT SPECIFIED BY THE DEPARTMENT OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES;
(4) By the fifteenth day of February, a report of the
total annual cost per enrollee for operation of
programs and services in the preceding calendar year. The report
shall include a grand total of all programs operated, the cost of
the individual programs, and the sources of funds applied to each
program.
(5) That each required certification and report is in
accordance with rules established by the department of mental
retardation and developmental disabilities and the state board of
education for the operation and subsidization of the programs and
services.
(C) To compute payments under this section to the board
for the fiscal year, the department of mental retardation and
developmental disabilities shall use the
certification of
average daily membership required by division (B)(1) of this
section exclusive of the average daily membership in any approved
school age unit and the number in any approved preschool unit.
(D) The department shall pay each county board for each fiscal
year an amount equal to nine hundred fifty dollars
times the
certified number of persons who on the
first day of December
of the academic year are under three
years of age and are not in an approved preschool
unit. For persons who are
at least age sixteen and are not in an approved school age
unit, the department shall pay
each county board for each fiscal year the following amounts:
(1) One thousand dollars times the certified average daily
membership of persons enrolled in traditional adult services who
are eligible for but not enrolled in active treatment under the
community alternative funding system;
(2) One thousand two hundred dollars times the certified
average daily membership of persons enrolled in traditional adult
services who are eligible for and enrolled in active treatment
under the community alternative funding system;
(3) No less than one thousand five hundred dollars times
the certified average daily membership of persons enrolled in
traditional adult services but who are not eligible for active
treatment under the community alternative funding system;
(4) No less than one thousand five hundred dollars times
the certified average daily membership of persons participating
in community employment services.
(E) The department shall distribute this subsidy to county
boards in semiannual installments of equal amounts. The
installments shall be made not later
than the thirty-first day of August and the thirty-first day of
January.
(F) The director of mental retardation and developmental
disabilities shall make efforts to obtain increases in the
subsidies for early childhood services and adult services so that
the amount of the subsidies is equal to at least fifty per cent
of the statewide average cost of those services minus any
applicable federal reimbursements for those services. The
director shall advise the director of budget and management of
the need for any such increases when submitting the biennial
appropriations request for the department.
(G) In determining the reimbursement of a county board for
the provision of case management and family support
services and
other services required or approved by the director for which
children three through twenty-one years of age are eligible, the
department shall include the average daily membership in approved
school age or preschool units. The department, in accordance with this
section and upon receipt and approval of the certification required
by this section and any other information it requires to enable it to
determine a board's payments, shall pay the agency providing the
specialized training the amounts payable under this section.
Sec. 5126.13. (A) A county board of mental retardation and
developmental disabilities may enter into an agreement with one
or more other county boards of mental retardation and
developmental disabilities to establish a regional council in
accordance with Chapter 167. of the Revised Code. The agreement
shall specify the duties and functions to be performed by the
council, which may include any duty or function a county board is
required or authorized to perform under this chapter. If
directed to do so by a resolution adopted by a county board that
is a member of a regional council, the department of mental
retardation and developmental disabilities shall make any
distributions of money for that county for the duties or
functions performed by the council pursuant to its agreement that
are otherwise required to be made to the county board under this
chapter to the fiscal officer of the council designated under
section 167.04 of the Revised Code.
A county board may also enter into an agreement with one or
more school districts or other political subdivisions to
establish a regional council in accordance with Chapter 167. of
the Revised Code.
(B) ON OR BEFORE THE THIRTIETH DAY OF MARCH, THE FISCAL
OFFICER OF A REGIONAL COUNCIL DESCRIBED IN THIS SECTION SHALL REPORT TO THE
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, IN THE FORMAT
SPECIFIED BY THE DEPARTMENT, ALL INCOME AND OPERATING EXPENDITURES OF THE
COUNCIL FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.
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 PROGRAMS
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, INCLUDING, BUT NOT LIMITED TO, A PERSON WHO IS BEING
TRANSFERRED TO THE COUNTY BOARD AND AN EMPLOYEE WHO IS BEING RECALLED OR
REEMPLOYED AFTER A LAYOFF.
(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 FINGERPRINT-BASED
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
FINGERPRINT-BASED 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 OR
TRANSMIT 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) ANY OFFENSE CONTAINED IN THE
REVISED CODE CONSTITUTING A MISDEMEANOR OF THE FIRST DEGREE
ON THE FIRST OFFENSE AND A FELONY ON A SUBSEQUENT OFFENSE, IF THE OFFENSE
BEARS A DIRECT AND SUBSTANTIAL RELATIONSHIP TO THE POSITION BEING FILLED AND
THE NATURE OF THE SERVICES BEING PROVIDED BY THE COUNTY BOARD;
(4) 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 LISTED OR described in
division (E)(1) or, (2), OR (3) 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 LISTED OR
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 WITHIN
FOURTEEN CALENDAR DAYS if, while
employed by the board, the person APPLICANT is ever
formally
charged for WITH, CONVICTED OF, OR PLEADS GUILTY TO 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, A
CONVICTION, OR A GUILTY PLEA 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
AGENCIES OR entities to which the copies are to be sent. On receiving
the
request, the county board shall send copies of the reports to the
AGENCIES OR 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 AGENCY OR 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 IN A 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 OR PLEADED GUILTY TO 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
WITHIN FOURTEEN CALENDAR DAYS if,
while employed by the entity, the person is ever formally charged
for WITH, CONVICTED OF, OR PLEADS GUILTY TO 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, A CONVICTION, OR A GUILTY PLEA 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.
Sec. 5126.357. (A) As used in this section:
(1) "In-home care" means the supportive services provided
within
the home of an individual who receives funding for the services as a county
board client, including any client who receives
residential services funded through
the medical assistance program's home and community-based services waivers
administered
by the department of mental retardation and developmental disabilities,
family support services provided under section 5126.11 of the
Revised
Code, or supported living provided in accordance with sections
5126.41 to 5126.47 of the Revised Code.
"In-home care" includes care that is provided outside a client's
home in places incidental to the home, and while traveling to places
incidental to the
home, except that "in-home care" does not include care provided
in the
facilities of a county board of mental retardation and
developmental disabilities or care provided in schools.
(2) "Parent" means either parent of a child, including an
adoptive
parent but not a foster parent.
(3) "Unlicensed in-home care worker" means an individual who
provides
in-home
care but is not a health care professional. A county board worker may be an
unlicensed in-home care worker.
(4) "FAMILY MEMBER" MEANS A PARENT, SIBLING, SPOUSE, SON,
DAUGHTER, GRANDPARENT, AUNT, UNCLE, COUSIN, OR GUARDIAN OF THE INDIVIDUAL WITH
MENTAL RETARDATION OR DEVELOPMENTAL DISABILITIES IF THE INDIVIDUAL WITH MENTAL
RETARDATION OR DEVELOPMENTAL DISABILITIES LIVES WITH THE PERSON AND IS
DEPENDENT ON THE PERSON TO THE EXTENT THAT, IF THE SUPPORTS WERE WITHDRAWN,
ANOTHER LIVING ARRANGEMENT WOULD HAVE TO BE FOUND.
(B) Except as provided in division (D) of this section,
the
parent or guardian A FAMILY MEMBER of an individual with mental
retardation or a developmental
disability who is not more than twenty-one years of age or the guardian of
an
individual with mental retardation or a developmental disability who is age
twenty-one or older may authorize an unlicensed in-home care worker to
give or
apply prescribed medication or perform other health care tasks as
part of the in-home care provided to the individual, if the parent or
guardian FAMILY MEMBER is the
primary supervisor of the care and the unlicensed in-home care worker has been
selected by the parent or guardian FAMILY MEMBER and is under
the direct
supervision of the
parent or guardian FAMILY MEMBER. Sections 4723.62 and 5126.351
to 5126.356
of the Revised Code do not apply to the in-home care
authorized by a parent or guardian FAMILY MEMBER under this
section. Instead, a parent or
guardian FAMILY MEMBER shall obtain a prescription, if
applicable, and written instructions from a health care
professional for the care to be provided to the individual. The parent
or guardian FAMILY MEMBER shall authorize the unlicensed in-home
care worker to provide the
care by preparing a written document granting the authority.
The parent or guardian FAMILY MEMBER shall provide the
unlicensed in-home care worker with
appropriate training and written instructions in accordance with
the instructions obtained from the health care professional.
(C) A parent or guardian FAMILY MEMBER who authorizes an
unlicensed in-home
care worker to
give or apply prescribed medication or perform other health care tasks retains
full responsibility for the health and safety of
the individual receiving the care and for ensuring that the worker
provides the care appropriately and safely. No
entity that funds or monitors the provision of in-home care
may be held liable for the results of the
care provided under this section by an unlicensed in-home care worker,
including
such entities as the county board of mental retardation and
developmental disabilities, any other entity that employs an unlicensed
in-home care worker, and the department of mental retardation and
developmental
disabilities.
An unlicensed in-home care worker who is authorized under this section by a
parent or guardian FAMILY MEMBER to provide care to an
individual may not be held liable for
any
injury caused in providing the care, unless the worker provides the care
in a manner that is not in accordance with the training and
instructions received or the worker acts in a manner that
constitutes wanton or reckless misconduct.
(D) A county board of mental retardation and developmental
disabilities may evaluate the authority granted by a parent or guardian
FAMILY MEMBER under
this section to an unlicensed in-home care worker at any time it considers
necessary and shall evaluate the authority on receipt of a complaint. If the
board determines that the parent or guardian A FAMILY MEMBER has
acted in a manner
that is inappropriate for the health and safety of the individual receiving
the services, the
authorization granted by the parent or guardian FAMILY MEMBER to
an unlicensed
in-home care worker is void, and the parent or guardian
FAMILY MEMBER may not authorize other
unlicensed in-home care workers to provide the care. In making such a
determination, the board shall use appropriately licensed health
care professionals and shall provide the parent or guardian FAMILY
MEMBER an
opportunity to file a complaint under section 5126.06 of the Revised Code.
Sec. 5153.111. (A)(1) The executive director of a public
children services agency 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 agency for employment as a person responsible for
the care, custody, or control of a child. 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 or does not provide
evidence that within that five-year period the superintendent has
requested FINGERPRINT-BASED information about the applicant from the
federal bureau of
investigation in a criminal records check, the executive director
shall request that the superintendent obtain FINGERPRINT-BASED
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 executive director may request that the
superintendent include FINGERPRINT-BASED information from the federal
bureau of
investigation in the criminal records check.
(2) Any person required by division (A)(1) of this section
to request a criminal records check 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 a standard impression sheet AND 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 OR
TRANSMIT the completed
form and impression sheet MATERIAL to the superintendent of the
bureau of
criminal identification and investigation at the time the person
requests a criminal records check pursuant to division (A)(1) of
this section.
(3) Any applicant who receives pursuant to division (A)(2)
of this section 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, that
agency shall not employ that applicant for any position for which a criminal
records check is required by division (A)(1) of this section.
(B)(1) Except as provided in rules adopted by the
director of job and family
services in accordance with division (E) of
this section, no public children services agency shall employ a
person as a person responsible for the care, custody, or control
of a child if the person 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, 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;
(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 or violations described in division (B)(1)(a)
of this section.
(2) A public children services agency may employ an
applicant conditionally until the criminal records check required
by this section is completed and the agency receives the results
of the criminal records check. If the results of the criminal
records check indicate that, pursuant to division (B)(1) of this
section, the applicant does not qualify for employment, the
agency shall release the applicant from employment.
(C)(1) Each public children services agency 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 conducted in
accordance with that section upon the request pursuant to
division (A)(1) of this section of the executive director of the
agency.
(2) A public children services agency may charge an
applicant a fee for the costs it incurs in obtaining a criminal
records check under this section. A fee charged under this
division shall not exceed the amount of fees the agency pays
under division (C)(1) of this section. If a fee is charged under
this division, the agency shall notify the applicant at the time
of the applicant's initial application for employment of the amount of the
fee and that, unless the fee is paid, the agency will
not consider the applicant for employment.
(D) The report of any criminal records check conducted by
the bureau of criminal identification and investigation in
accordance with section 109.572 of the Revised Code and pursuant
to a request under division (A)(1) of this section is not a
public record for the 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 criminal records check or the applicant's
representative, the public children services agency requesting
the criminal records check or its representative, and any court,
hearing officer, or other necessary individual involved in a case
dealing with the denial of employment to the applicant.
(E) The director of job and
family services shall adopt rules
pursuant to Chapter 119. of the Revised Code to implement this
section, including rules specifying circumstances under which a
public children services agency may hire a person who has been
convicted of an offense listed in division (B)(1) of this section
but who meets standards in regard to rehabilitation set by the
department.
(F) Any person required by division (A)(1) of this section
to request a criminal records check 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.
(G) As used in this section:
(1) "Applicant" means a person who is under final
consideration for appointment or employment in a position with
the agency as a person responsible for the care, custody, or
control of a child.
(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.
Section 2. That existing sections 109.57, 109.572, 109.58, 109.59, 109.60,
173.41, 2151.86,
3301.32, 3301.541, 3301.88, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
5104.012, 5104.013, 5123.01,
5123.02, 5123.041, 5123.042, 5123.05, 5123.082, 5123.09, 5123.092, 5123.11,
5123.17, 5123.18, 5123.181, 5123.183, 5123.19, 5123.21, 5123.27, 5123.34,
5123.351, 5123.353, 5123.55, 5123.62,
5123.63, 5123.67, 5123.801, 5123.85, 5123.89, 5123.93, 5126.02,
5126.023, 5126.042, 5126.044, 5126.081, 5126.082, 5126.12, 5126.13, 5126.28,
5126.281,
5126.357,
and
5153.111
and sections 5123.081, 5123.16, 5123.231, and 5126.252 of the Revised Code
are hereby repealed.
Section 3. Section 5123.081 of the Revised Code, as repealed and reenacted by
this act, applies only to persons who apply for appointment to or
employment with the Department of Mental Retardation and
Developmental Disabilities on or after the effective date of this
act.
Section 4. The Joint Council on Mental Retardation and
Developmental Disabilities is retained pursuant to division (D) of
section 101.84 of the Revised Code and, pursuant to that section,
expires on December 31, 2004.
Section 5. 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 of the Revised Code to provide residential
services to individuals with mental retardation or developmental
disabilities.
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. The payment shall be made from the purchase of service fund
established under section 5123.051 of the Revised Code. 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.
Section 6. The reduction in the number of members of each citizen's advisory
council made by section 5123.092 of the Revised Code, as amended by this act,
does not affect the term of a member serving on an advisory council on the
effective date of this act so long as the member continues to serve that term.
Section 7. The repeal and reenactment of section 5126.252 of the
Revised Code by this act revives that section, except that this act makes that
section permanent and does not limit the programs established under that
section to pilot projects.
Section 8. Section 109.57 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. H.B. 3 and Am. Sub. H.B. 282 of the 123rd General Assembly,
with the new language of neither of the acts shown in capital letters.
Section 3319.39 of the Revised Code is presented in this act
as a composite of the section as amended by Am. Sub. H.B. 445, Am. Sub. S.B.
269, and Am. Sub. S.B. 230, all
of the 121st General Assembly, with the new language of
none of the acts shown in capital letters.
This is in recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such are the resulting versions of those sections
in
effect prior to the effective date of this act.
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