Current through all regulations passed and filed through September 16, 2024
(A) A DCP may conditionally employ an applicant for whom a criminal records check
request is required under rule
3701-13-02 of the Administrative
Code prior to obtaining the results of a criminal records check regarding the
applicant if the following requirements are met:
(1) The DCP
is prohibited from
employing an applicant prior to obtaining the
completed form(s) and fingerprint impression sheet(s) from the applicant as
required in paragraph (F) of rule
3701-13-03 of the Administrative
Code. For purposes of this prohibition, the applicant cannot perform or
participate in any job related activity pertaining to a position involving the
provision of direct care to an older adult that places the applicant in an
active pay status.
(2) The DCP
is obligated
to request a criminal records check in accordance with paragraph (F) of
rule 3701-13-03 of the Administrative
Code by submitting the request to BCII not later than five business days after
the individual begins conditional employment.
(B) The DCP may conditionally employ an applicant for whom a criminal records check
is
obligated to be run
in accordance
with rule
3701-13-02 of the Administrative
Code if all of the following requirements are met:
(1) The applicant has been referred to the
DCP by an employment service that supplies full-time, part-time, or temporary
staff positions involving the direct care of older adults; and
(2) The chief administrator receives from the
employment service a letter that:
(a) Is on
the letterhead of the employment service;
(b) Is dated and signed by a supervisor or
another designated official of the employment service;
(c) States that the employment service has
requested the superintendent to conduct a criminal records check regarding the
applicant;
(d) States that the
requested criminal records check will include a determination of whether the
applicant has been convicted or pleaded guilty to any offense listed or
described in rule
3701-13-05 of the Administrative
Code;
(e) States that, as of the
date set forth on the letter, the employment service had not received the
results of the criminal records check; and
(f) States that, when the employment service
receives the results of the criminal records check, it will promptly send a
copy of the results to the DCP.
(C) If a DCP conditionally employs an applicant
under paragraph (B) of this
rule, the employment service, upon its receipt of the results of the criminal
records check,
is obligated to promptly send a copy of the
results to the DCP, and paragraph (D) of this rule shall apply regarding the
conditional employment.
(D) The DCP
is obligated
to terminate the individual's conditional employment
in a position involving direct care to an older
adult if:
(1) The results of the
criminal records check, other than the results of any request for information
from the FBI, are not obtained within thirty days after the date the request is
made; or
(2) The results of any
part of the records check indicate that the individual has been convicted of or
pleaded guilty to any of the offenses listed or described in paragraph (A) of
rule 3701-13-05 of the Administrative
Code, unless the DCP chooses to employ the applicant pursuant to
the personal character standards established in
rule 3701-13-06 of the Administrative
Code.
(E) Termination
under paragraph (D) of this rule is considered just cause for discharge
for purposes of division (D)(2) of section
4141.29 of the Revised Code if
the individual makes any attempt to deceive the DCP about the individual's
criminal record.
