Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-05 - Personnel

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 standards are mandatory:
(1) When children are
			 present during the waking hours, there shall be at least one child-care staff
			 member for each twelve children at the CRC and a female child care worker shall
			 be on duty at all times when female residents are present. A ratio of
			 twenty-five children to one child-care staff member shall be required for
			 sleeping hours.
(2)
									Each prospective employee at the time of initial
			 application, shall be informed that as a precondition to employment, he/she
			 shall complete a BCII prescribed record check form and provide a set of
			 fingerprint impressions.
(3)
									The prospective employee's failure to report criminal
			 convictions or moving traffic violations shall be considered cause for
			 progressive discipline, including separation from employment.
(4) The report of any criminal records check conducted
			 by BCII in accordance with section
			 109.572 of the Revised Code and
			 pursuant to a request made by the agency is not a public record. The report
			 shall be made available only to the following persons:
(a) The person who is the subject of the
			 criminal records check or the person's representative.
(b) The agency requesting the criminal
			 records check or its representative.
(c) Any court, hearing officer, or other
			 necessary individual involved in a case dealing with the denial of employment,
			 approval or certification to the person.
(d) ODYS employees as required for
			 compliance, inspection or monitoring purposes.
(5) An agency shall
			 document that any person hired after October 29, 1993 as administrator, 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)(6)(a) of
			 this rule except as provided in paragraph (A)(7) of this rule.
(6)
			 Except as provided in paragraph (7) of this rule, an agency shall not hire a prospective
			 employee as administrator, 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,
			 2903.02,
			 2903.03,
			 2903.04,
			 2903.11,
			 2903.12,
			 2903.13,
			 2903.16,
			 2903.21,
			 2903.34,
			 2905.01,
			 2905.02,
			 2905.05,
			 2907.02,
			 2907.03,
			 2907.04,
			 2907.05,
			 2907.06,
			 2907.07,
			 2907.08,
			 2907.09,
			 2907.21,
			 2907.22,
			 2907.23,
			 2907.25,
			 2907.31,
			 2907.32,
			 2907.321,
			 2907.322,
			 2907.323,
			 2911.01,
			 2911.02,
			 2911.11,
			 2911.12,
			 2919.12,
			 2919.22,
			 2919.24,
			 2919.25,
			 2923.12,
			 2923.13,
			 2923.161,
			 2925.02,
			 2925.03,
			 2925.04,
			 2925.05,
			 2925.06, or
			 3716.11 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 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 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)(6)(a) of
			 this rule.
(7) A prospective
			 employee convicted of or who has pled guilty to
			 an offense listed in paragraph (A)(6)(a) of this rule may be hired by an agency as
			 an administrator, 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 functionally impaired person as
			 defined in division (A) of section 
												2903.10
											 of the Revised
			 Code.
(iii)
											An intellectually disabled person as defined in
			 division (N) of section
			 5123.01 of the Revised
			 Code.
(iv) A developmentally
			 disabled person as defined in division (Q) of section
			 5123.01 of the Revised
			 Code.
(v) A person with a mental
			 illness as defined in division (A) of section
			 5122.01 of the Revised
			 Code.
(vi) 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)(6)(a) of this rule, if the felony bears a direct
			 and substantial relationship to the duties and responsibilities of the position
			 being filled.
(xii) Any others
			 factors the public children services agency, private child placing
			 agency or private noncustodial agency considers relevant.
(8)  It is the
			 prospective employee's duty to provide written verification that the conditions
			 specified in paragraph (A)(7) of this rule are met. If the prospective
			 employee fails to provide such proof or if the agency 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 agency serves.
(9) To determine
			 whether a prospective employee is qualified to be hired pursuant to paragraph
			 (A)(6)(a) of this rule, a criminal records check shall
			 be conducted pursuant to this rule.
(10) An agency may
			 conditionally hire a prospective employee until the criminal records check
			 required by this rule is completed and the agency receives the results of the
			 criminal record check, if the prospective employee submits to the agency a
			 signed statement attesting that the prospective employee has not been convicted
			 of or pleaded guilty to any offense listed in paragraph (A)(6)(a) of
			 this rule. If the results of the criminal record check indicate that the person
			 does not qualify for employment, the agency shall release the person from
			 employment.
(11) The provisions of
			 paragraph
			 (A)(7) of this rule must be considered for any prospective employee who
			 has been convicted of, or pled guilty to, one or more of the offenses listed in
			 paragraph (A)(6)(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.
(12) A conviction of,
			 or plea of guilty to, an offense listed in paragraph (A)(6)(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.
(13) Current employees
			 suspected of involvement in any of the offenses listed in paragraph
			 (A)(6)(a) of this rule shall be terminated, suspended
			 or removed from contact with residents until the public children services
			 agency or law enforcement agency has completed its investigation and has made
			 applicable recommendations.
(14) An agency 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.