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 system
(SACWIS) records.
(B)When is an individual to complete a
background check?
(1)When an individual initially applies to
be a certified in-home aide (IHA).
(2)Every five years from the date of the
most recent BCI records check.
(3)When an IHA has a break in employment as
a certified IHA for longer than the previous one hundred eighty consecutive
days, unless the IHA was employed at a licensed child care center, licensed
type A home, licensed type B home, an approved child day camp, a preschool or
school-age program approved to provide publicly funded child care (PFCC), or
was a resident of a licensed type A home or a licensed type B home in the
previous one hundred eighty consecutive days.
(C)How is a background check obtained?
The IHA is to:
(1)Create a profile in the Ohio
professional registry (OPR) at https://www.occrra.org.
(2)Submit fingerprints electronically
according to the process established by BCI. Have the BCI and FBI results sent
directly to ODJFS. Information on how to obtain a background check can be found
at https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.
(3)Complete and submit the request for a
background check for child care in the OPR.
(D)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
outlined 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) of this rule.
(E)What happens if an individual does not
complete the full background check determination process?
(1)If the individual completes only the
requirements in paragraph (C)(2) of this rule or only the requirements in
paragraph (C)(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 that
the background check determination process has ended.
(3)The individual will need to complete the
requirements of paragraphs (C)(2) and (C)(3) to restart the background check
determination process in the future.
(F)What makes an individual ineligible to
be a certified IHA?
(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
specifies 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 the 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 ordered 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 the 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) What happens after the individual
requests the background check and submits fingerprints through a web check
location?
(1)The county agency will receive the
current JFS 01176 "Program Notification of Background Check Review for
Child Care" from ODJFS.
(a)For an individual eligible for
certification as an IHA, the county agency is to keep the JFS 01176 on file if
it is not available in the OPR.
(b)For an individual not eligible for
certification as an IHA, the county agency is to deny the application for
certification pursuant to rule 5101:2-14-14 of the Administrative Code
immediately upon receipt of the JFS 01176.
(2)The individual will receive the JFS
01177 "Individual Notification of Background Check Review for Child
Care" 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 IHA disagrees with the decision
made by ODJFS, a JFS 01178 "Request for Review of Background Check
Decision for Child Care" is to be completed to request a review of the
decision. The JFS 01178 is to be submitted within fourteen business days from
the date on the JFS 01177.
(H)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) of this rule:
(1)An IHA who is certified is not to serve
children during the review.
(2)Upon review, if there is a change in the
background check decision, ODJFS will provide an updated JFS 01176 to the
county agency and an updated JFS 01177 to the individual.
(3)If the individual is determined to be
eligible for certification as an IHA, the county agency may allow the IHA to be
certified and is to keep the updated JFS 01176 on file pursuant to paragraph
(G)(1)(a) of this rule.
Replaces: 5101:2-14-03, 5101:2-14-04
Effective: 11/12/2023
Five Year Review (FYR) Dates: 11/12/2028
Certification: CERTIFIED ELECTRONICALLY
Date: 11/02/2023
Promulgated Under: 119.03
Statutory Authority: 5104.013, 5104.019
Rule Amplifies: 5104.013, 5104.019
Prior Effective Dates: 04/01/1982, 05/20/1983, 10/01/1983,
09/01/1986, 02/15/1988, 05/01/1989, 07/01/1995, 03/15/1996, 10/15/1996,
10/01/1997 (Emer.), 12/30/1997, 01/01/2001, 04/01/2003, 08/14/2008, 12/01/2009,
07/01/2011, 08/03/2013, 01/01/2014, 11/01/2015, 12/31/2016, 10/29/2017,
10/29/2021