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) An owner and administrator of a licensed
child care center.
(2) An employee in a licensed child care
center as defined in rule 5101:2-12-01 of the Administrative Code.
(3) A child care staff member in a licensed
child care center as defined in rule 5101:2-12-01 of the Administrative Code,
including substitutes.
(C) When is a background check required?
(1) At application for a child care center
license.
(2) Prior to the first day of employment for
employees and child care staff members.
(3) Every five years from the date of the
most recent background check.
(D) How is a background check obtained?
The individual shall:
(1) 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) or the 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 owner, administrator or individual
employed by a program prior to the effective date of this rule shall submit the
JFS 01175 to ODJFS 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) of this rule.
(F) What makes an individual ineligible for
employment?
(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 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 01175 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 that specific person.
(G) What happens after ODJFS completes the
background check on an individual?
(1) The center will receive the JFS 01176
"Program Notification of Background Check Review for Child Care (10/2017)
from ODJFS and shall keep it on file.
(a) For those individuals not eligible for
employment, the center shall not hire the individual or shall terminate them
from employment immediately upon receipt of the JFS 01176.
(b) Child care staff members shall not be
left alone with children unless a JFS 01176 is on file at the center.
(2) The individual will receive the JFS
01177 "Individual Notification of Background Check Review for Child
Care" (10/2017) 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 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.
(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) The program shall not allow the
individual to be on-site at the program during the review by ODJFS.
(2) If the individual is determined to be
eligible for employment, the program may allow the individual to be employed
and shall keep the updated JFS 01176 on file pursuant to paragraph (G)(1)(a) of
this rule.
(I) What are the background check
requirements when an individual changes employment or adds an additional
employer?
(1) Only the JFS 01175 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
child care center, type A home, 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 in the previous one hundred eighty consecutive days.
(2) Upon receipt of the updated JFS 01175,
ODJFS will send the JFS 01177 based on the existing background check
determination to the new employer.
Replaces: 5101:2-12-09
Effective: 10/29/2017
Five Year Review (FYR) Dates: 10/29/2022
Certification: CERTIFIED ELECTRONICALLY
Date: 10/12/2017
Promulgated Under: 119.03
Statutory Authority: 5104.013
Rule Amplifies: 5104.013
Prior Effective Dates: 3/1/81, 9/1/86, 1/2/92 (Emer.), 4/1/92,
7/1/03, 9/1/05,
1/1/07, 9/1/08, 7/1/10, 9/29/11, 11/01/15, 12/31/16