Ohio Administrative Code
Title 5139 - Department of Youth Services
Chapter 5139-37 - Detention Centers
Section 5139-37-05 - Personnel
Universal Citation: OH Admin Code 5139-37-05
Current through all regulations passed and filed through September 16, 2024
(A) The following standards are mandatory:
(1) A detention
center shall follow the bureau of criminal identification (BCII) and
investigation process to conduct a criminal record check
with respect to any prospective employee who has applied to the detention
center for appointment or employment.
(2) The detention center shall inform each
prospective employee at the time of initial application, that as a precondition
to being approved for that position:
(a) The
person is required to complete the BCII prescribed criminal records check form
and provide a set of fingerprint impressions; and
(b) A criminal records check is required to
be conducted by BCII.
(c) A test
for illegal drug use shall be completed.
(3) A detention center shall document that
any person hired after October 29, 1993 as director, child care staff,
caseworker, or in any other position responsible for a child's care in
out-of-home care shall not have been convicted of or pleaded guilty to any of
the offenses listed in paragraph (A)(4)(a) of this rule.
(4) Except as provided in paragraph (A)(5) of
this rule, a detention center shall not, as of October 29, 1993, hire a
prospective employee as director, child care staff, caseworker, or in any other
position responsible for a child's care in out-of-home-care if the person has
been convicted of or pleaded guilty to any of the following offenses:
(a) A violation of section
2903.01 (aggravated murder),
2903.02 (murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary
manslaughter), 2903.11 (felonious assault), 2903.12 (aggravated assault),
2903.13 (assault), 2903.16 (failing to provide for a functionally impaired
person), 2903.21 (aggravated menacing), 2903.34 (patient abuse or neglect),
2905.01 (kidnapping), 2905.02 (abduction), 2905.05 (criminal child enticement),
2905.32 (trafficking in persons), 2907.02 (rape), 2907.03 (sexual battery),
2907.04 (unlawful sexual conduct with a minor), 2907.05 (gross sexual
imposition), 2907.06 (sexual imposition), 2907.07 (importuning), 2907.08
(voyeurism), 2907.09 (public indecency), 2907.21 (compelling prostitution),
2907.22 (promoting prostitution), 2907.23 (procuring), 2907.25 (prostitution -
after positive HIV test), 2907.31 (disseminating matter harmful to juveniles),
2907.32 (pandering obscenity), 2907.321 (pandering obscenity involving a
minor), 2907.322 (pandering sexually oriented matter involving a minor),
2907.323 (illegal use of minor in nudity-oriented material performance),
2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary),
2911.12 (burglary), 2919.12 (unlawful abortion), 2919.22 (endangering
children), 2919.24 (contributing to unruliness or delinquency of a child),
2919.25 (domestic violence), 2923.12 (carrying concealed weapons), 2923.13
(having weapons while under disability), 2923.161 (improperly discharging
firearm at or into a habitation, in a school safety zone, or with intent to
cause harm or panic to persons in a school building or at a school function),
2925.02 (corrupting another with drugs), 2925.03 (trafficking, aggravated
trafficking in drugs), 2925.04 (illegal manufacture of drugs - illegal
cultivation of marihuana - methamphetamine offenses), 2925.05 (funding,
aggravated funding of drug or marihuana trafficking), 2925.06 (illegal
administration or distribution of anabolic steroids), or
3716.11 (placing harmful or hazardous objects in food or confection) of the
Revised Code, a violation of section
2905.04 of the Revised Code as
it existed prior to July 1, 1996, a violation of section
2919.23 (interference with
custody) of the Revised Code that would have been a violation of section
2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation been committed prior to
that date, a violation of section
2925.11 (possession of
controlled substances) of the Revised Code that is not a minor drug possession
offense, or felonious sexual penetration in violation of former section
2907.12 of the Revised Code;
(b) A violation of an existing or
former law of this state that is substantially equivalent to any of the
offenses listed in paragraph (A)(4)(a) of this rule.
(5) A prospective employee convicted of or
who has pleaded guilty to an offense listed in paragraph (A)(4)(a) of this rule
may be hired by an detention center as a director, child care staff or
caseworker, or in any other position responsible for a child's care in
out-of-home care only if the following conditions have been met:
(a) Where the offense was a misdemeanor, or
would have been a misdemeanor if conviction had occurred under the current
criminal code, at least three years have elapsed from the date the prospective
employee was fully discharged from any imprisonment or probation arising from
the conviction. A prospective employee who has had a misdemeanor record of
conviction sealed by a court pursuant to section
2953.32 of the Revised Code
shall be considered to have met this condition.
(b) Where the offense was a felony, at least
ten years have elapsed since the person was fully discharged from imprisonment
or probation.
(c) The victim of the
offense was not one of the following:
(i) A
person under the age of eighteen.
(ii) A person with a developmental disability
as defined in division (Q) of section
5123.01 of the Revised
Code.
(iii) A developmentally
disabled person as defined in division (Q) and (R) of section
5123.01 of the Revised
Code.
(iv) A person with a mental
illness as defined in division (A) of section
5122.01 of the Revised
Code.
(v) A person sixty years of
age or older.
(d) Hiring
the prospective employee will not jeopardize in any way the health, safety or
welfare of the children the agency serves. The following factors shall be
considered in determining whether to hire the prospective employee:
(i) The person's age at the time of the
offense.
(ii) The nature and
seriousness of the offense.
(iii)
The circumstances under which the offense was committed.
(iv) The degree to which the person
participated in the offense.
(v)
The time elapsed since the person was fully discharged from imprisonment or
probation.
(vi) The likelihood that
the circumstances leading to the offense will recur.
(vii) Whether the person is a repeat
offender.
(viii) The person's
employment record.
(ix) The
person's efforts at rehabilitation and the results of those efforts.
(x) Whether any criminal proceedings are
pending against the person.
(xi)
Whether the person has been convicted of or pleaded guilty to a felony
contained in the Revised Code that is not listed in paragraph (A)(4)(a) of this
rule, if the felony bears a direct and substantial relationship to the duties
and responsibilities of the position being filed.
(xii) Any others factors the PCSA, PCPA, PNA
considers relevant.
(6) It is the prospective employee's duty to
provide written verification that the conditions specified in paragraph (A)(5)
of this rule are met. If the prospective employee fails to provide such proof
or if the detention center determines that the proof offered by the prospective
employee is inconclusive or insufficient, the person shall not be hired. Any
doubt shall be resolved in favor of protecting the children the detention
center serves.
(7) To determine
whether a prospective employee is qualified to be hired pursuant to paragraph
(A)(4)(a) of this rule, a criminal records check shall be conducted pursuant to
this rule.
(8) A detention center
may conditionally hire a prospective employee until the criminal records check
required by this rule is completed and the detention center receives the
results of the criminal record check, if the prospective employee submits to
the detention center a signed statement attesting that the prospective employee
has not been convicted of or pleaded guilty to any offense listed in paragraph
(A)(15)(a) of this rule. If the results of the criminal record check indicate
that the person does not qualify for employment, the detention center shall
release the person from employment.
(9) The provisions of paragraph (A)(5) of
this rule must be considered for any prospective employee who has been
convicted of, or pleaded guilty to, one or more of the offenses listed in
paragraph (A)(4)(a) of this rule even if the person's record has been sealed by
a court pursuant to section
2953.32 of the Revised Code
because the information contained in the sealed record bears a direct and
substantial relationship to the care of children who may be entrusted to the
person's care.
(10) A conviction
of, or plea of guilty to, an offense listed in paragraph (A)(4)(a) of this rule
shall not prevent a prospective employee's hire if the person 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. "Unconditional pardon" includes a conditional pardon with respect to which
all conditions have been performed or have transpired.
(11) Current employees suspected of
involvement in any of the offenses listed in paragraph (A)(4)(a) of this rule
shall be removed from contact with residents until the public children services
agency or law enforcement agency has completed its investigation and has made
applicable recommendations.
(12) A
detention center shall assure that all staff hired or who are under any
personal service contract who are required by law to possess any professional
licensure or certification are so licensed or certified.
(13) Each detention facility shall have a
written ethics policy that complies with the rules and regulations of the Ohio
ethics commission.
(14)
A written procedure exists whereby the employee can
challenge information in his or her personnel file and have it corrected or
removed if it proves to be inaccurate.
(B) The following standards are recommended:
(1) Each detention center shall have written
policies and procedures concerning personnel matters. The policies and
procedures shall be approved by the governing authority and be
available to all employees.
(2)
Written policy and procedure provide for provisional appointment to ensure the
availability of personnel for short-term, full-time or part-time work in an
emergency situation.
(3) Written
policy and procedure provide for a written annual performance evaluation of all
employees, which is based on defined criteria and is reviewed and discussed
with the employee.
(4) Written
policy and procedure provide for a current, accurate, and confidential
personnel record for each employee; confidentiality is ensured by restricting
its availability to only the employee who is the subject of the record and to
other detention center employees who have a need for the record in the
performance of their duties.
(5) There is a
written employee grievance procedure, which is available to all
employees.
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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