Current through all regulations passed and filed through September 16, 2024
(A)
Types of
background checks:
(1)
Bureau of criminal investigation (BCI) records pursuant
to section 2151.86 of the Revised
Code.
(2)
Federal bureau of investigation (FBI) records pursuant
to section 2151.86 of the Revised Code.
This check is to be completed for all initial checks and optional
thereafter.
(3)
National sex offender registry. The website is located
at:
https://www.nsopw.gov/.
(4)
Ohio statewide automated child welfare information
system (Ohio SACWIS) records for alleged perpetrator.
(B)
If an
individual previously resided in a state other than Ohio:
(1)
The agency is to
contact any states in which the individual resided in the previous five years
to request the information specified in paragraph (A) of this
rule.
(2)
Any information received from other states will be
reviewed and considered by the agency as part of the background check
review.
(C)
Background checks are to be completed for the
following:
(1)
An employee of a private child placing agency (PCPA),
private noncustodial agency (PNA) or a local public entity
(LPE).
(2)
A board president, administrator or officer of a PCPA,
PNA or LPE.
(3)
Staff of a residential center operated by a public
children services agency (PCSA).
(4)
A college intern,
subcontractor or volunteer.
(5)
A foster care
applicant or caregiver.
(6)
All household members eighteen years of age or older in
a foster care applicant or caregiver's home.
(D)
A PCPA, PNA,
residential center operated by a PCSA or LPE is to also conduct a background
check of the following for each board president, administrator or
officer:
(1)
A
certified search of the findings for recovery database. The website is located
at:
http://ffr.ohioauditor.gov/.
(2)
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.
(E)
The agency may
refuse to hire or appoint a person as a board president, administrator or
officer as follows:
(1)
Based solely on the findings of the summary report as
described in paragraph (A)(5) of this rule or the results of the search
described in paragraph (A)(3) or (A)(4) of this rule.
(2)
Based on the
results of the certified search or database review as described in paragraphs
(C)(1) and (C)(2) of this rule.
(F)
Timeframes for
completion of background checks.
(1)
For BCI and FBI records:
(a)
At application
for a foster caregiver and household members.
(b)
Prior to the
first day of employment for board president, administrator, officer or
prospective employees of a PCPA, PNA or LPE.
(c)
Prior to the
first day of work for a college intern, subcontractor or
volunteer.
(d)
Every four years from the completed date of the most
recent BCI records check for:
(i)
A foster caregiver, or adult household member in a
foster caregiver's home.
(ii)
A college intern, subcontractor or
volunteer.
(iii)
A board president, administrator, officer, or employee
of a PCPA, PNA, residential center operated by a PCSA or LPE.
(e)
For a
minor household member in a foster caregiver's home, within thirty days from
when the minor turns eighteen years old and every four years thereafter. The
agency may conduct a check sooner than four years after the initial check in
order to align the timeframe with the other household members.
(2)
For
all background checks other than BCI or FBI:
(a)
For a foster
caregiver and household members, at application and every four years
thereafter.
(b)
Prior to the first day of employment for board
president, administrator, officer or prospective employees of a PCPA, PNA,
residential center operated by a LPE.
(c)
Prior to the
first day of work for a college intern, subcontractor or
volunteer.
(G)
Process for
obtaining a criminal background check. The agency is to:
(1)
Submit
fingerprints manually or electronically according to the process established by
BCI. Information on how to obtain a background check can be found at
https://www.ohioattorneygeneral.gov/Business/Services-for-Business/WebCheck.
(2)
Pay to BCI the fee prescribed pursuant to division
(C)(3) of section 109.572 of the Revised Code for
each criminal records check conducted.
(3)
The agency may
charge a person subject to a criminal records check, a fee for the costs
incurred in obtaining a criminal records check. Pursuant to division (D) of
section 2151.86 of the Revised Code, a
fee charged by the agency is not to exceed the fee paid by the agency to BCI.
If a fee is charged, the agency is to notify the person at the time of initial
application of the amount of the fee and that, unless the fee is paid, the
person will not be considered for appointment, employment or certification as a
foster caregiver.
(H)
If an individual
fails to complete the full background check determination process:
(1)
The foster care
applicant is to be denied certification pursuant to rule
5101:2-5-26 of the
Administrative Code.
(2)
The foster caregiver certification is to be revoked
pursuant to rule
5101:2-5-26 of the
Administrative Code.
(3)
The intern, volunteer, subcontractor, employee, board
president, administrator or officer of a residential center operated by a PCSA,
PCPA, PNA or LPE is to be denied a position with the agency.
(I)
An
individual will be ineligible to be a foster caregiver with any agency, or a
college intern, subcontractor, volunteer, employee, board president or
administrator of a PCPA, PNA, residential center operated by a PCSA or LPE if
any of the following are applicable:
(1)
A conviction or
guilty plea to an offense listed in division (A)(4) of section
109.572 of the Revised Code,
unless the individual meets the rehabilitation criteria in appendix A of this
rule for a foster care applicant, a foster caregiver and household members of a
foster care applicant or foster caregiver's home or appendix B of this rule for
a college intern, subcontractor, volunteer, employee, board president or
administrator of a PCPA, PNA, residential center operated by a PCSA or
LPE.
(a)
Section
109.572 of the Revised Code
specifies 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)(4) 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 to which all conditions
have been performed or have transpired.
(2)
Being registered
or obligated to be registered on the national or state sex offender registry or
repository.
(J)
Ohio SACWIS alleged perpetrator search.
(1)
For any college
intern, subcontractor, volunteer, employee, board president or administrator of
a PCPA, PNA, or residential center operated by a PCSA or LPE, the agency is to
conduct an alleged perpetrator search pursuant to section
5103.0310 of the Revised Code.
The individual is ineligible if:
(a)
They have a substantiated finding within the last ten
years,
(b)
They have had a child removed from their home in the
last ten years pursuant to section
2151.353 of the Revised Code due
to a court determination of abuse or neglect caused by that specific
person.
(c)
While employed or working, they are identified in Ohio
SACWIS as the perpetrator for a substantiated finding of child abuse or
neglect.
(2)
For any foster caregiver applicant, foster caregiver or
any adult household member of an applicant's or caregiver's household, the
agency is to conduct an alleged perpetrator search pursuant to section
5103.18 of the Revised
Code.
(K)
The recommending agency is to evaluate if the foster
home should continue to be recommended for certification or be recommended for
denial or revocation of certification when a person who is certified as a
foster caregiver, or is a household member in a certified caregiver's home is
convicted of any offense listed in appendix A to this rule.
(1)
The evaluation is
to begin within five days of the agency's knowledge of the person's conviction,
be completed within thirty days, and be documented in the foster home's
record.
(2)
At a minimum, the provisions of paragraph (L) of this
rule is to be considered in the evaluation.
(3)
This requirement
is also to be applicable for any adult who resides with a foster caregiver upon
conviction of any offense listed in appendix A to this rule.
(L)
The
evaluation specified by paragraph (K) of this rule is to include, at a
minimum:
(1)
Whether there are children currently placed in the foster
home and the impact of disruption on the children if moved.
(2)
Whether
rehabilitation of the individual had to be considered for initial
certification.
(3)
The length of time of certification prior to this
conviction.
(4)
The factors outlined in appendix C to this
rule.
(M)
Rehabilitation criteria for criminal offenses. Unless
specifically disqualified in appendix A or appendix B to this rule:
(1)
A foster
caregiver or an adult resident of the foster caregiver's household is to meet
all of the rehabilitation conditions in appendix C to this
rule.
(2)
An employee, board president or administrator of a
PCPA, PNA, residential center operated by a PCSA or LPE is to meet all of the
rehabilitation conditions in appendix D to this rule.
(N)
It is
the individual's duty to provide written verification that the rehabilitation
criteria specified in paragraph (L) of this rule are met. If the individual
fails to provide proof or if the agency determines that the proof offered by
the individual is inconclusive or insufficient, the person is not to be
certified as a foster caregiver or hired by the agency. Any doubt is to be
resolved in favor of protecting the children the agency serves.
Replaces: 5101:2-5-09.1
Click to
view Appendix
Click to
view Appendix
Click to
view Appendix
Click to
view Appendix
