Ohio Administrative Code
Title 5101:2 - Division of Social Services
Chapter 5101:2-18 - Child Day Camps
Section 5101:2-18-07 - Background check requirements for an approved child day camp
Universal Citation: OH Admin Code 5101:2-18-07
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) An owner and administrator of an approved
child day camp or applicant to be approved as a child day camp.
(2) An employee of an approved child day camp
as defined in rule
5101:2-18-01 of the
Administrative Code.
(3) A child
day camp staff member as defined in rule
5101:2-18-01 of the
Administrative Code.
(C) When is a background check required?
(1) At
initial application for approval of a child day camp.
(2) Prior to the first day of employment for
employees and child day camp staff members.
(3) 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) at
https://occrra.org .
(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) of this rule to restart the
background check determination process in the future.
(G) What makes an individual ineligible to own or be employed by an approved day camp?
(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 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 that specific
individual.
(H) What happens after the individual requests the background check in the OPR and submits fingerprints through a webcheck location?
(1) The approved child day camp and
individual will receive notification of preliminary approval generated from the
OPR.
(2) The approved child day
camp will receive the JFS 01176 "Program Notification of Background Check
Review for Child Care" from
ODJFS and shall keep it on file if not available in the OPR.
(a) For those individuals not eligible for
employment, the approved child day camp shall not hire the individual or shall
terminate them from employment immediately upon receipt of the JFS
01176.
(b) Until preliminary
approval is received from ODJFS, an administrator, employee or child day camp
staff member hired on or after the effective date of this rule shall not engage
in any assigned duties or be near children.
(c) A child day camp staff member with
preliminary approval but not a JFS 01176 on file at the child day camp or in
the OPR shall not be left alone with children and shall be supervised at all
times by another child day camp staff member with a JFS 01176 on file or in the
OPR.
(d) Only child day camp staff
members with a JFS 01176 on file at the child day camp 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"
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" 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) 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 (H)(2) of
this rule.
(J) What are the background check requirements if an individual becomes employed at another approved child day camp or licensed child care 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 an approved child day camp, licensed child care
center, licensed type A home, licensed type B home, 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 on
file 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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