Ohio Administrative Code › Title 5123 - Department of Developmental Disabilities › Chapter 5123-2 - Provider Standards › Section 5123-2-02 - Background investigations for employment

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
This rule establishes standards for
				conducting background investigations on persons employed or seeking employment
				in Ohio's service delivery system for individuals with developmental
				disabilities.
(B)
								Definitions
For the purposes of this rule, the
				following definitions shall apply:
(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:
(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:
(a)
										The chief
			 executive officer of an agency provider that applies pursuant to section
			 5123.161 or
			 5123.164 of the Revised Code for
			 supported living certification; or
(b)
										A person who
			 applies pursuant to 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 pursuant to 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)
									"Retained
			 applicant fingerprint database" means the database also known as "Rapback,"
			 maintained by the bureau of criminal identification and investigation pursuant
			 to section 109.5721 of the Revised Code
			 that contains the fingerprints of individuals for whom the bureau of criminal
			 identification and investigation has conducted criminal records
			 checks.
(16)
									"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.
(17)
									"Subcontractor"
			 means a person to which both of the following apply:
(a)
										The person
			 has:
(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.