Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-05 - Personnel

Current through all regulations passed and filed through July 1, 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.