Ohio Administrative Code › Title 5123:2 - Community Services › Chapter 5123:2-2 - Provider Standards › Section 5123:2-2-02 - Background investigations for employment

Current through all regulations passed and filed through July 1, 2024
(A)
								 Purpose
The purpose of this rule is to
				establish standards for conducting background investigations on persons
				employed or seeking employment in Ohio's service delivery system for
				individuals with developmental disabilities.
(B)
								
			 Definitions
(1)
									 "Agency provider" means a person, association, corporation,
			 nonprofit organization, partnership, trust, or other group of persons that
			 provides specialized services and employs, directly or through contract, one or
			 more persons in a direct services position.
(2)
									 "Applicant"
			 means any of the following:
(a)
										 A person who is under final consideration for
			 appointment to or employment with the department or a county
			 board;
(b)
										 A person who is being transferred to the department or
			 a county board;
(c)
										 An employee who is being recalled to or reemployed by
			 the department or a county board after a layoff; or
(d)
										 A person under
			 final consideration for a direct services position with an agency provider or
			 subcontractor.
(3)
									 "Candidate" means either of the following:
(a)
										 The chief
			 executive officer of an agency provider that applies under section
			 5123.161 or
			 5123.164 of the Revised Code for
			 supported living certification; or
(b)
										 A person who
			 applies under section
			 5123.161 or
			 5123.164 of the Revised Code for
			 supported living certification as an independent provider.
(4)
									
			 "County board" means a county board of developmental
			 disabilities.
(5)
									 "Criminal records check" has the same meaning as in
			 section 109.572 of the Revised
			 Code.
(6)
									 "Department" means the Ohio department of
			 developmental disabilities.
(7)
									 "Direct services
			 position" means an employment position in which the employee has the
			 opportunity to be alone with or exercises supervision or control over one or
			 more individuals.
(8)
									 "Disqualifying offense" means any of the offenses
			 listed or described in divisions (A)(3)(a) to (A)(3)(e) of section
			 109.572 of the Revised
			 Code.
(9)
									 "Employee" means a person appointed to or employed by
			 the department or a county board or a person employed in a direct services
			 position by an agency provider or subcontractor. "Employee" does not mean a
			 person who provides only respite care to his or her family member under a
			 family support services program established under section
			 5126.11 of the Revised
			 Code.
(10)
									 "Independent provider" means a self-employed person
			 who provides services for which he or she must be certified in accordance with
			 rule
			 5123:2-2-01
			 of the Administrative Code and does not employ, either directly or through
			 contract, anyone else to provide the services.
(11)
									 "Individual"
			 means a person with a developmental disability.
(12)
									 "Minor drug
			 possession offense" has the same meaning as in section
			 2925.01 of the Revised
			 Code.
(13)
									 "Multiple disqualifying offenses" means two or more
			 convictions or guilty pleas to disqualifying offenses. Convictions or guilty
			 pleas resulting from or connected with the same act, or resulting from offenses
			 committed at the same time, shall be counted as one conviction or guilty
			 plea.
(14)
									 "Responsible entity" means:
(a)
										 The department
			 in the case of an applicant under final consideration for appointment to or
			 employment with the department, being transferred to the department, or being
			 recalled to or reemployed by the department after a layoff or a person
			 appointed to or employed by the department;
(b)
										 A county board
			 in the case of an applicant under final consideration for appointment to or
			 employment with the county board, being transferred to the county board, or
			 being recalled to or reemployed by the county board after a layoff or a person
			 appointed to or employed by the county board;
(c)
										 An agency
			 provider in the case of an applicant under final consideration for a direct
			 services position with the agency provider or a person employed in a direct
			 services position by the agency provider; or
(d)
										 A subcontractor
			 in the case of an applicant under final consideration for a direct services
			 position with the subcontractor or a person employed in a direct services
			 position by the subcontractor.
(15)
									 "Specialized
			 services" mean any program or service designed and operated to serve primarily
			 individuals with developmental disabilities, including a program or service
			 provided by an entity licensed or certified by the department. If there is a
			 question as to whether a provider or subcontractor is providing specialized
			 services, the provider or subcontractor may request that the director of the
			 department make a determination. The director's determination is final.
			 Programs or services available to the general public are not specialized
			 services.
(16)
									 "Subcontractor" means a person to which both of the
			 following apply:
(a)
										 The person has either of the following:
(i)
											 A subcontract
			 with an agency provider to provide specialized services included in the
			 contract between the agency provider and the department or a county board;
			 or
(ii)
											 A subcontract with another subcontractor to provide
			 specialized services included in a subcontract between the other subcontractor
			 and an agency provider or other subcontractor.
(b)
										 The person
			 employs one or more persons in direct services positions.