Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-13 - Licensing Family Care Homes
Section 5101:2-13-09 - Background check requirements for a licensed family child care provider
Universal Citation: OH Admin Code 5101:2-13-09
Current through all regulations passed and filed through September 16, 2024
(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) Licensed family child care providers and
applicants to be licensed family child care providers.
(2) Adults (age eighteen and older) residing
in the home of the family child care provider or applicant.
(3) Employee of a family child care provider
or applicant as defined in rule
5101:2-13-01 of the
Administrative Code.
(4) Child care
staff member of the family child care provider or applicant as defined in rule
5101:2-13-01 of the
Administrative Code, including substitutes.
(C) When is a background check required?
(1) At application for a family child care
license.
(2) Within ten business
days after a resident of the home turns eighteen years old.
(3)
Within ten business days of an adult moving into the home.
(4) Prior to the first day of employment for
the employee or child care staff member.
(5) Every five years from the date of the
most recent
BCI records check.
(D) How is a background check obtained?
The individual shall:
(1)
Create a profile
in the Ohio professional registry (OPR).
(2)
Submit
fingerprints electronically according to the process established by BCI and
have the BCI and FBI results sent directly to the Ohio department of job and
family services (ODJFS). Information on how to obtain a background check can be
found at
https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.
(3)
Complete and submit the request for a
background check for child care in the OPR
.
(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
(G) of this rule.
(F) What happens if an individual does not complete the full background check determination process?
(1)
If
the individual completes only the requirements in paragraph (D)(2) of this rule
or only the requirements in paragraph (D)(3) of this rule and does not submit
the other component within forty-five days, the background check process will
end and a determination of eligibility will not be made.
(2)
ODJFS will notify
the individual and the program that the background check determination process
has ended.
(3)
The individual will need to complete the requirements
of paragraphs (D)(2) and (D)(3) to restart the background check determination
process in the future.
(G) What makes an individual ineligible to own, reside or be employed in a licensed family child care home?
(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 with respect 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
the
request for background check was submitted 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 the person.
(H) What happens after the individual requests the background check and submits fingerprints through a webcheck location?
(1)
The provider, county agency, and individual will receive a
notification of preliminary approval generated from the OPR.
(2)
The provider and county agency will receive the JFS 01176 "Program Notification
of Background Check Review for Child Care" (rev.
9/2019) from ODJFS and shall keep it on file, if
not available in the OPR.
(a) For those
individuals not eligible for employment the provider shall not hire the
individual or shall terminate them from employment immediately upon receipt of
the JFS 01176.
(b) For those
individuals not eligible for residence in a licensed family child care home,
the resident shall immediately cease living in the family child care home upon
receipt of the JFS 01176.
(c)
Until preliminary approval is received from ODJFS, an
employee or child care staff member hired on or after the effective date of
this rule shall not engage in any assigned duties or be near
children.
(d) A child care staff
member with preliminary approval but not a JFS 01176 on
file at the home or in the OPR shall not be left alone with children
and shall be supervised at all times by the provider or
another child care staff member with a JFS 01176 on file at the home or in the
OPR
.
(e)
Only child care staff members with a JFS 01176 on file
at the home or in the OPR may be left alone with children.
(3) The individual will
receive the JFS 01177 "Individual Notification of Background Check Review for
Child Care" (rev. 9/2019) 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/residency 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. The JFS
01178 shall be submitted within fourteen business days from the date on the JFS
01177.
(I) 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 (H)(3)(b) to this rule:
(1) The program shall not allow the
individual to be on-site at the program or reside in the home during the review
by ODJFS.
(2) If the individual is
determined to be eligible for employment or residence, the program may allow
the individual to be employed or reside in the home and shall keep the updated
JFS 01176 on file pursuant to paragraph
(H)(2) of
this rule.
(J) What are the background check requirements if an individual becomes employed at another licensed program ?
(1) Only the
request
for a background check for child care in the OPR 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
licensed child care center,
licensed type A home, licensed 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 or was a resident of a
licensed type A home or licensed type B home in the previous one hundred
eighty consecutive days.
(2) Upon receipt of the
request, ODJFS will provide the JFS
01176
based on the existing background check determination to the new employer.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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