PURPOSE:

The purpose of this procedure letter is to identify a new process to receive and review all Bureau of Criminal Identification & Investigations (BCI) and Federal Bureau of Investigations (FBI) information on public and private agency child care staff (as defined in paragraph (B)(56) of rule 5101:2-1-01 of the Ohio Administrative Code) in facilities certified by the State of Ohio Department of Job and Family Services (ODJFS) and foster and/or adoptive caregivers and applicants as required in rules 5101:2-5-09.1 and 5101:2-48-09 of the Ohio Administrative Code (OAC).

BACKGROUND:

Federal requirements under 45 CFR § 1356.30(f) require ODJFS to document that agencies it certifies have conducted criminal records checks for public and private agency child care staff, and foster and/or adoptive parents and applicants.

Since 1993, section 2151.86 of the Ohio Revised Code (ORC) has required any entity that employs persons to be responsible for a child's care in out-of-home care to conduct criminal records checks for public and private agency child care staff prior to hire. It also requires the administrative director of any entity that designates a person as a prospective foster and/or adoptive caregiver or applicant, to request criminal records checks of these persons prior to certification, and every four years thereafter. Rules 5101:2-5-09, 5101:2-5-09.1 and 5101:2-48-09 of the OAC identify the frequency and manner by which criminal records checks are to be conducted. All criminal records checks must be conducted using section 2151.86 of the ORC as the reason fingerprinted.

INSTRUCTIONS:

ODJFS foster care licensing specialists will be reviewing criminal records checks for all current child care staff, foster and/or adoptive caregivers and applicants to ensure agencies have completed these using section 2151.86 of the ORC as the reason fingerprinted. Agencies must send the actual criminal records checks along with the new JFS 01291 in accordance with the following instructions:

Instructions for Submitting Background Check Information

KOFAX

Agencies MUST use the attached new form JFS 01291 "FCL Criminal Records Check Document Cover Sheet" to fax background checks and supporting documents FOR EACH PROVIDER OR CHILD CARE STAFF (one cover sheet per foster/adoptive parent, applicant or direct care staff) to 614-387-8711. Please do not use any other fax cover sheet and please do not send the requested information via email due to federal and state confidentiality requirements. If you have questions, please contact your Licensing Specialist or Licensing Supervisor.

For the initial phase in of 100% review of criminal background checks, all agencies will be required to submit a list which includes the following information for each child care staff:

• Name (First, Middle Initial, Last)
• Date of hire (MM/DD/YYYY)
• Date staff works independently with children (MM/DD/YYYY)
• Date BCII check conducted (MM/DD/YYYY)
• Date BCII results received (MM/DD/YYYY)
• Date FBI check conducted or proof of five year residency (MM/DD/YYYY)
• Date FBI results received or proof of five year residency (MM/DD/YYYY)
• Date statement of non-conviction was signed (MM/DD/YYYY)

For the initial phase in of 100% review of criminal background checks, all agencies will be required to submit a list which includes the following information for each foster care and/or adoption applicant:

• Name (First, Middle Initial, Last)
• Date recommended for certification (MM/DD/YYYY)
• Date BCII check conducted (MM/DD/YYYY)
• Date BCII results received (MM/DD/YYYY)
• Date FBI check conducted (MM/DD/YYYY)
• Date FBI results received (MM/DD/YYYY)

For the initial phase in of 100% review of criminal background checks, all agencies will be required to submit a list which includes the following information for each foster care and/or adoptive caregiver:

• Name (First, Middle Initial, Last)
• Date recommended for recertification (MM/DD/YYYY)
• Date previous BCII check conducted (MM/DD/YYYY)
• Date previous BCII check received (MM/DD/YYYY)
• Date current BCII check conducted (MM/DD/YYYY)
• Date current BCII check received (MM/DD/YYYY)

Any agency certified for any of the following functions will be required to submit this information by February 6, 2017:

• To operate children's residential center(s).
• To operate group home(s).
• To operate or provide independent living arrangements.
• To operate residential parenting facilities.
• To operate children's crisis care facilities.
• To operate private, nonprofit therapeutic wilderness camp(s).

Any agency certified for any of the following functions will be required to submit this information by March 6, 2017:

• To act as a representative of ODJFS in recommending pre-adoptive infant foster homes for certification.
• To act as a representative of ODJFS in recommending family foster homes for certification.
• To act as a representative of ODJFS in recommending treatment foster homes for certification.
• To act as a representative of ODJFS in recommending medically fragile foster homes for certification.
• To accept temporary, permanent or legal custody of children.
• To place children for foster care or adoption.
• To participate in the placement of children for foster care or adoption.

Agencies that are certified for multiple functions may submit the required information in separate batches according to the deadlines identified above. After the initial lists and background check information are received, agencies will be required to submit updated information (new child care staff, newly licensed or approved foster/adoptive caregivers, and any foster/adoptive caregivers who have been recertified) by the last business day of the calendar quarter. (June, September, December, March). After the initial phase, agencies will be permitted to submit the required documentation at any time as long as it is prior to the identified deadlines.

INSTRUCTIONS:

The following chart depicts what materials should be deleted from the Family, Children and Adult Services Manual (FCASM) and what materials should be inserted in the FCASM.