BACKGROUND:

This letter outlines the new requirements regarding background checks as a result of changes to the Social Security Act, as amended by Public Law 115-123, enacted February 9, 2018 and HB 166 of the 133rd General Assembly. Those impacted by these changes include: 

• foster caregivers;
• adoptive caregivers; and
• the staff in the following agencies certified by the Ohio Department of Job and Family Services (ODJFS):

o   private non-custodial agency (PNA) staff who work with children or within a residential setting

o   private child placing agencies (PCPA) staff who work with children or within a residential setting

o   public children services agencies (PCSA) staff who work in a residential facility

These changes will result in amendments to rules in Chapters 5101:2-5 and 5101:2-48. Effective with the issuance of this procedure letter, agencies are expected to comply with these requirements.

Foster and Adoptive Caregivers

Agencies must complete the check below for all new foster and adoptive caregivers prior to certification or approval. For existing foster and adoptive caregivers, agencies must complete the following by March 31, 2020: 

• A search of the United States department of justice national sex offender public web site regarding the prospective or current foster and/or adoptive parent and all persons eighteen years of age or older who reside in the foster or adoptive home. The website is located at: https://www.nsopw.gov/.

PNA, PCPA, and PCSA staff (as noted above):

New Staff:

Prior to hire, agencies must complete the following requirements for employees (including volunteers, interns, or individuals who are subcontracted by the agency): 

• Bureau of Criminal Investigation (BCI) record check pursuant to Ohio Revised Code (ORC) 2151.86
• FBI criminal record check pursuant to ORC 2151.86
• An alleged perpetrator search in SACWIS. The process can be found at: https://jfs.ohio.gov/ocf/childprotectiveservices.stm.
• An alleged perpetrator search of any state the individual has resided in within the last five years. The process can be found at: http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf.
• A search of the United States department of justice national sex offender public web site regarding the person. The website is located at: https://www.nsopw.gov/.

Existing Staff:

For current employees (including volunteers, interns, or individuals who are subcontracted by the agency), agencies must complete the following requirements by March 31, 2020: 

• Request BCI record check if one has not been completed within the last four years

o   If a BCI check was completed less than four years ago, the next BCI check must be completed within four years of the completion date of the previous check 

• Request FBI record check if one has not been previously completed by the agency
• Request an alleged perpetrator search in SACWIS. The process can be found at: https://jfs.ohio.gov/ocf/childprotectiveservices.stm.
• Request an alleged perpetrator search of any state the individual has resided in within the last five years. The process can be found at: http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf.
• Complete a search of the United States department of justice national sex offender public web site regarding the person. The website is located at: https://www.nsopw.gov/.

Documentation of all checks and searches above must be placed in the individual’s personnel file.

Effective April 1, 2020, an individual is not eligible for employment if either of the following is true: 

• The individual’s alleged perpetrator results show a finding of substantiated abuse or neglect within the past ten years.
• The individual is listed on the national sex offender public website.

PNA, PCPA, or PCSA Board President, Administrator and Officers

For new board presidents, administrators and officers, agencies must complete the requirements below prior to hire or appointment.

For existing board presidents, administrators and officers, agencies must complete the requirements below by March 31, 2020. 

• Request an alleged perpetrator search in SACWIS. The process can be found at: https://jfs.ohio.gov/ocf/childprotectiveservices.stm.
• Request an alleged perpetrator search of any state the individual has resided in within the last five years. The process can be found at: http://centerforchildwelfare.fmhi.usf.edu/ChildProtective/AdamWalsh.pdf.
• Complete a search of the United States department of justice national sex offender public web site regarding the person. The website is located at: https://www.nsopw.gov/.
• Complete a certified search of the findings for recovery database. The website is located at: http://ffr.ohioauditor.gov/.
• Conduct a database review at the federal website known as the system for award management. The website is located at: https://www.sam.gov/SAM/pages/public/searchRecords/search.jsf.

Documentation of all searches above must be placed in the individual’s personnel file. Once all are completed, the agency shall send copies to their licensing specialist.

Effective April 1, 2020, an individual is not eligible for employment or appointment as a board president, administrator or officer if either of the following is true: 

• The individual’s alleged perpetrator results show a finding of substantiated abuse or neglect within the past ten years.
• The individual is listed on the national sex offender public website.

INSTRUCTIONS:

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