(10)
Background check exclusions for criminal background
offenses.
(a)
Provider staff who have criminal offenses are prohibited
from providing OOD services if the offense is found in Tiers
I-IV.
(b)
Exclusions for provider staff
(i)
Tier I: Permanent
exclusion provider shall not employ an applicant or continue to employ an
employee, if the applicant or employee has been convicted of, pleaded guilty
to, or has been found eligible for intervention in lieu of conviction for any
of the following: aggravated murder, murder, voluntary manslaughter, felonious
assault, permitting child abuse, failing to provide for a functionally impaired
person, patient abuse and neglect, patient endangerment, kidnapping, abduction,
human trafficking, unlawful conduct with respect to documents, rape, sexual
battery, unlawful sexual conduct with a minor/formerly corruption of a minor,
gross sexual imposition, importuning, voyeurism, felonious sexual penetration,
disseminating matter harmful to juveniles, pandering obscenity, pandering
obscenity involving a minor, pandering sexually oriented matter involving a
minor, illegal use of minor in nudity-oriented material or performance,
soliciting/providing support for act of terrorism, making terrorist threats,
terrorism, medicaid fraud, conspiracy, attempt, or complicity when the
underlying offense is any of the offenses or violations listed in Tier I, a
violation of an existing or former municipal ordinance or law of this state,
any other state, or the United States that is substantially equivalent to any
of the offenses or violations described in Tier I.
(ii)
Tier II: Ten
year exclusion provider shall not employ an applicant or continue to employ an
employee for a period of ten years from the date the applicant or employee was
fully discharged from imprisonment, probation, and parole, if the applicant or
employee has been convicted of, pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of the following: involuntary
manslaughter, reckless homicide, child stealing {as it existed prior to July 1,
1996}, criminal child enticement, extortion, compelling prostitution, promoting
prostitution, enticement or solicitation to patronize a prostitute, procurement
of a prostitute for another, aggravated arson, arson, aggravated robbery,
aggravated burglary, illegal use of supplemental nutrition assistance program
or women, infants, and children program benefits, worker's compensation fraud,
identity fraud, aggravated riot, carrying concealed weapon, illegal conveyance
or possession of deadly weapon or dangerous ordnance in a school safety zone,
illegal possession of an object indistinguishable from a firearm in a school
safety zone, illegal conveyance, possession, or control of a deadly weapon or
ordnance into a courthouse, having weapons while under disability, improperly
discharging a firearm at or into a habitation or school, discharge of firearm
on or near prohibited premises, improperly furnishing firearms to minor,
engaging in pattern of corrupt activity, participating in criminal gang,
corrupting another drugs, trafficking in drugs, illegal manufacture of drugs or
cultivation of marihuana, illegal assembly of possession of chemicals for the
manufacture of drugs, placing harmful objects in food or confection,
conspiracy, attempt, or complicity when the underlying offense is any of the
offenses or violations listed in Tier II, a violation of an existing or former
municipal ordinance or law of this state, any other state, or the United States
that is substantially equivalent to any of the offenses or violations described
in Tier II.
(iii)
Tier III: Seven year exclusion provider shall not
employ an applicant or continue to employ an employee for a period of seven
years from the date the applicant or employee was fully discharged from
imprisonment, probation, and parole, if the applicant or employee has been
convicted of, pleaded guilty to, or has been found eligible for intervention in
lieu of conviction for any of the following: cruelty to animals, prohibitions
concerning companion animals, aggravated assault, aggravated menacing, menacing
by stalking, coercion, disrupting public service, robbery, burglary, insurance
fraud, inciting to violence, riot, inducing panic, endangering children,
domestic violence, intimidation, perjury, falsification, falsification in theft
offense, falsification to purchase firearm, or falsification to obtain a
concealed handgun license, escape, aiding escape or resistance to lawful
authority, illegal conveyance of weapons, drugs or other prohibited items onto
grounds of detention facility or institution, funding of drug or marijuana
trafficking, illegal administration or distribution of anabolic steroids,
tampering with drugs, ethnic intimidation, conspiracy, attempt, or complicity
when the underlying offense is any of the offenses or violations listed in Tier
III, a violation of an existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially equivalent
to any of the offenses or violations described in Tier III.
(iv)
Tier IV: Five
year exclusion provider shall not employ an applicant or continue to employ an
employee for a period of five years from the date the applicant or employee was
fully discharged from imprisonment, probation, and parole, if the applicant or
employee has been convicted of, pleaded guilty to, or has been found eligible
for intervention in lieu of conviction for any of the following: assault,
menacing, public indecency, soliciting after positive human immunodeficiency
virus test, prostitution, deception to obtain matter harmful to juveniles,
breaking and entering, theft, unauthorize use of a vehicle, unauthorized use of
property, computer, cable, or telecommunication property, telecommunications
fraud, passing bad checks, misuse of credit cards, forgery, forging
identification cards, criminal stimulation, defrauding a rental agency or
hostelry, tampering with records, securing writings by deception, personating
an officer, unlawful display of law enforcement emblem, defrauding creditors,
receiving stolen property, unlawful abortion, unlawful abortion upon minor,
unlawful distribution of an abortion-inducing drug, interference with custody,
contributing to unruliness of delinquency of child, tampering with evidence,
compounding a crime, disclosure of confidential information, obstructing
justice, assaulting/harassing police dog or horse/service animal, impersonation
of peace officer, illegal administration, dispensing, distribution,
manufacture, possession, selling, or using any dangerous veterinary drug, drug
possession other than a minor drug possession offense, permitting drug abuse,
deception to obtain dangerous drugs, illegal processing of drug documents,
illegal dispensing of drug samples, unlawful purchase of pseudoephedrine
product, conspiracy, attempt, or complicity when the underlying offense is any
of the offenses or violations listed in Tier IV, a violation of an existing or
former municipal ordinance or law of this state, any other state, or the United
States that is substantially equivalent to any of the offenses or violations
described in Tier IV.
(v)
Tier V: no exclusion. Provider staff are not prohibited
from providing OOD services if the provider staff employee or applicant has
been convicted or pleaded guilty to, or has been found eligible for
intervention in lieu of conviction for any of the following:
(a)
Drug possession
that is a minor drug possession offense;
(b)
Illegal use or
possession of drug paraphernalia;
(c)
Illegal use or
possession of marijuana drug paraphernalia;
(d)
A violation of an
existing or former municipal ordinance or law of this state, any other state,
or the United States that is substantially equivalent to any of the offenses or
violations described in Tier V.
(c)
Governor's pardon
or court order expungement is allowable and Provider staff may allow provider
applicant or employee to provide OOD services.
(d)
OOD will allow
provider staff who hold a current certificate of qualification for employment
(CQE) issued by a court of common pleas with competent jurisdiction pursuant to
section 2953.25 of the Revised Code with
the exception of provider staff who have an offense listed in Tier 1 of this
rule.
(e)
OOD will allow provider staff who hold a current
certificate of achievement (COA) and employability in a home and
community-based services-related field, issued by the Ohio department of
rehabilitation and correction pursuant to section
2961.22 of Revised Code, except
for provider staff who have an offense listed in Tier 1 of this
rule.
(f)
OOD will allow provider staff who are current certified
peer recovery supporters as defined by rule
5122-29-15 of the Administrative
Code, may provide direct services to individuals who are over eighteen years of
age who have a mental health or substance abuse disorder diagnosis, except for
provider staff who have an offense listed in Tier 1 of this
rule.