Current through all regulations passed and filed through December 16, 2024
(A) The purpose of this rule is to establish
policy and procedures for the conducting of background checks on prospective
employees of the Ohio department of mental health and addiction services as
mandated in section 5119.181 of the Revised Code.
The purpose of the background checks will be to determine the fitness of
applicants to serve in the positions sought whether in the classified or
unclassified service. This rule also outlines the criteria to be applied in
evaluating applicants based on information obtained from background
checks.
(B)
(1)
Except as provided in paragraph (B)(2) of this rule,
this rule applies to all regional psychiatric hospitals (RPHs) or
community support networks (CSNs) of the department and the central office.
(2)
This rule does
not apply to an applicant who seeks employment with a community support network
and the applicant's intended work site is a residential facility as defined in
section 5119.34 of the Revised Code.
Instead, such an applicant is subject to a background investigation under rule
5122-30-31 of the Administrative
Code.
(C) The
following definitions shall apply to this rule in addition to or in place of
those appearing in rule
5122-1-01 of the Administrative
Code.
(1) "Applicant" means any person who is
under final consideration for appointment to a position in the classified or
unclassified service of the Ohio department of
mental health and addiction services.
(D) The following paragraph
pertains to crimes bearing a direct and substantial relationship to the
position being filled.
(1) In accordance with
section 5119.181 of the Revised Code, no
appointing authority shall appoint a person to fill a position in the
classified or unclassified service if the person has been convicted or has
pleaded guilty to a violation of the following:
(a) Any felony contained in the Revised Code,
if the felony bears a direct and substantial relationship to the position being
filled; or
(b) Any crime contained
in the Revised Code constituting a misdemeanor of the first degree and a felony
on subsequent offenses if the crime bears a direct and substantial relationship
to the position being filled; or
(c) An existing or former law of this
state
or of
any other state or the United States if the law violated is substantially
equivalent of any of the offenses described in paragraph (D)(1)(a) or (D)(1)(b)
of this rule.
(2) The
appointing authority shall determine what constitutes a direct and substantial
relationship to the position being filled based on the following factors:
(a) Nature and gravity of the offense. For
example, any conviction for a crime during which force was used or implied
against another person, such as assault or armed robbery, would have a direct
and substantial relationship to any position involving direct client
contact;
(b) The length of time
since the conviction. For example, convictions occurring more than ten years
prior to the application carry less weight than more recent convictions;
and
(c) The job duties of the
position in question.
(3) Each applicant must be assessed on an
individual basis based on the factors listed above.
(E) Procedure prior to hiring
(1) At the time of a conditional offer, the
applicant shall be informed that a background check will be
conducted.
(2) The following
background checks are to be conducted on applicants prior to employment:
(a) For any position involving direct client
contact, all previous employers who employed applicant in a similar position
shall be contacted;
(b) The
applicant's current and immediate prior employers shall be contacted as to work
habits and reasons for leaving the employment;
(c) A request for information regarding prior
criminal convictions shall be submitted to the law enforcement agency which has
jurisdiction in the applicant's current or last area of residence;
(d) Personal references submitted by the
applicant should be contacted as to their knowledge of the applicant;
and
(e) An applicant shall be
fingerprinted via electronic fingerprinting or other approved method, and shall
be transmitted to the bureau of criminal identification and investigation
(BCI&I) and the federal bureau of investigation (FBI).
The BCI&I's or FBI's response as to any felony convictions
or pending criminal charges shall be compared to the information on the
application signed by the applicant.
(3) Any falsification on the application
which is disclosed by the background checks shall cause the applicant to be
removed from further consideration for employment or, if already employed,
shall cause the employee to be removed from employment.
(F) If, upon review by the appointing
authority or their designee, the background check discloses information that
the applicant has displayed character traits which would be detrimental to
successful performance in the position sought, or that the applicant has been
dismissed for good cause from any public or private service for a reason
bearing a direct relationship to the position being filled, or that the
applicant has been convicted of a crime bearing a direct and substantial
relationship to the position, such applicant shall be precluded from further
employment consideration.
(G) The
applicable EEO officer shall be kept aware of specific reasons for hiring, or
not hiring, an applicant under the provisions of this rule.
(H) All information obtained in the
background checks shall be considered confidential. It is not a public record
for purposes of section
149.43 of the Revised Code and
shall not be made available to any person, except the applicant, the appointing
authority or their designee, or any hearing officer or court involved in a case
denying employment.
(I)
Notwithstanding the provisions of this rule, the Ohio department of mental
health and addiction services shall conduct a separate criminal background
investigation on all applicants for unclassified positions as described by
section 124.11 of the Revised Code. All
offers of employment to prospective (new) employees shall be made contingent on
the successful completion of the background check, including a review of state
tax issues.
