Family Child Care Rules
5101:2-13-09 Background Check Requirements for a Licensed Family Child Care Provider
Effective Date: September 29, 2019
Most Current Prior Effective Date: October 29, 2017

Appendix A - Standards for Rehabilitation

(A)What records are included in a background check?

(1)Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.

(2)Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.

(3)National sex offender registry.

(4)State sex offender registry.

(5)Statewide automated child welfare information system (SACWIS) records.

(B)Who shall have a background check?

(1)Licensed family child care providers and applicants to be licensed family child care providers.

(2)Adults (age eighteen and older) residing in the home of the family child care provider or applicant.

(3)Employee of a family child care provider or applicant as defined in rule 5101:2-13-01 of the Administrative Code.

(4)Child care staff member of the family child care provider or applicant as defined in rule 5101:2-13-01 of the Administrative Code, including substitutes.

(C)When is a background check required?

(1)At application for a family child care license.

(2)Within ten business days after a resident of the home turns eighteen years old.

(3)) Within ten business days of an adult moving into the home.

(4)Prior to the first day of employment for the employee or child care staff member.

(5)Every five years from the date of the most recent criminal BCI records check.

(D)How is a background check obtained?

The individual shall:

(1)Create a profile in the Ohio professional registry (OPR).

(2)Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to the Ohio department of job and family services (ODJFS). Information on how to obtain a background check can be found at https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(1)(3)   Complete and submit the JFS 01175 "Request for a Background Check for Child Care" (10/2017) to the Ohio department of job and family services (ODJFS) orrequest for a background check for child care in the OPR Ohio professional development registry (OPR) system generated equivalent.

(2)Submit fingerprints electronically according to the process established by BCI and have the BCI and FBI results sent directly to ODJFS. Information on how to obtain a background check can be found at http://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.

(3)Create a profile in the OPR.

(4)Any individual employed by a program, the family child care provider or resident of the home prior to the effective date of this rule shall submit to ODJFS the JFS 01175 and create a profile in the OPR by January 1, 2018.

(E)What if an individual previously resided in a state other than Ohio?

(1)ODJFS will contact any states in which the individual resided in the previous five years to request the information required in paragraph (A) of this rule.

(2)Any information received from other states will be reviewed and considered by ODJFS as part of the background check review pursuant to paragraph (F) (G) of this rule.

(F)What happens if an individual does not complete the full background check determination process?

(1)If the individual completes only the requirements in paragraph (D)(2) of this rule or only the requirements in paragraph (D)(3) of this rule and does not submit the other component within forty-five days, the background check process will end and a determination of eligibility will not be made.

(2)ODJFS will notify the individual and the program that the background check determination process has ended.

(3)The individual will need to complete the requirements of paragraphs (D)(2) and (D)(3) to restart the background check determination process in the future.

(F)(G)  What makes an individual ineligible for employment or residenceto own, reside or be employed in a licensed family child care home?

(1)A conviction or guilty plea to an offense listed in division (A)(5) of section 109.572 of the Revised Code., unless the individual meets the rehabilitation criteria in appendix A to this rule.

(a)Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(b)A conviction of or a plea of guilty to an offense listed in division (A)(5) of section 109.572 of the Revised Code is not prohibitive if the individual has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule., "unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(2)Being registered or required to be registered on the national or state sex offender registry or repository.

(3)The individual is identified in SACWIS as the perpetrator for a substantiated finding of child abuse or neglect in the previous ten years from the date on the JFS 01175the request for background check was submitted or the individual has had a child removed from their home in the previous ten years pursuant to section 2151.353 of the Revised Code due to a court determination of abuse or neglect caused by the person.

(G)(H) What happens after ODJFS completes the background check on an the individual requests the background check and submits fingerprints through a webcheck location?

(1)The provider, county agency, and individual will receive a notification of preliminary approval generated from the OPR.

(1)(2)   The provider and county agency will receive the JFS 01176 "Program Notification of Background Check Review for Child Care" (10/2017)(rev. 9/2019) from ODJFS and shall keep it on file, if not available in the OPR.

(a)For those individuals not eligible for employment the provider shall not hire the individual or shall terminate them from employment immediately upon receipt of the JFS 01176.

(b)For those individuals not eligible for residence in a licensed family child care home, the resident shall immediately cease living in the family child care home upon receipt of the JFS 01176.

(c)Until preliminary approval is received from ODJFS, an employee or child care staff member hired on or after the effective date of this rule shall not engage in any assigned duties or be near children.

(c)(d)   A child care staff member with preliminary approval but not a JFS 01176 on file at the home or in the OPR shall not be left alone with children and shall be supervised at all times by the provider or another child care staff member with a JFS 01176 on file at the home or in the OPR until the JFS 01176 is on file at the home.

(e)Only child care staff members with a JFS 01176 on file at the home or in the OPR may be left alone with children.

(2)(3)   The individual will receive the JFS 01177 "Individual Notification of Background Check Review for Child Care" (10/2017)(rev. 9/2019) from ODJFS.

(a)If the individual believes the information received is not accurate, the individual may directly contact the agency that contributed the questioned information.

(b)If the individual disagrees with the employment/residency eligibility decision made by ODJFS, a JFS 01178 "Request for Review of Background Check Decision for Child Care" (10/2017) shall be completed to request a review of the decision. The JFS 01178 shall be submitted within fourteen business days from the date on the JFS 01177.

(H)(I)   What happens after an individual submits a JFS 01178 to ODJFS?

If an individual requests a review of a background check decision pursuant to paragraph (G)(2)(b) (H)(3)(b) to this rule:

(1)The program shall not allow the individual to be on-site at the program or reside in the home during the review by ODJFS.

(2)If the individual is determined to be eligible for employment or residence, the program may allow the individual to be employed or reside in the home and shall keep the updated JFS 01176 on file pursuant to paragraph (G)(1) (H)(2) of this rule.

(I)(J)    What are the background check requirements if when an individual becomes employed at another licensed program changes employment or adds an additional employer?

(1)Only the JFS 01175 request for a background check for child care in the OPR is required if the individual meets all of the following:

(a)The individual has a current background check determination by ODJFS completed in the previous five years pursuant to this rule.

(b)The individual has been employed by a licensed child care center, licensed type A home, licensed type B home, approved day camp, a preschool or school-age program approved to provide publicly funded child care or certified as an in-home aide or was a resident of a licensed type A home or licensed type B home in the previous one hundred eighty consecutive days.

(2)Upon receipt of the updated JFS 01175request, ODJFS will sendprovide the JFS 0117701176 based on the existing background check determination to the new employer.

Effective: 9/29/2019

Five Year Review (FYR) Dates: 7/2/2019 and 09/29/2024

Certification: CERTIFIED ELECTRONICALLY

Date: 09/18/2019

Promulgated Under: 119.03

Statutory Authority: 5104.013

Rule Amplifies: 5104.013, 5104.03

Prior Effective Dates: 09/05/1986, 07/01/1995, 10/01/1997 (Emer.), 12/30/1997, 04/01/2003, 07/01/2003, 09/01/2005, 01/01/2007, 08/14/2008, 03/01/2009, 07/01/2010, 09/29/2011, 01/01/2014, 11/01/2015, 12/31/2016, 10/29/2017