Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-13 - Hiring of Direct-Care Provider Employees › Section 3701-13-06 - Personal character standards

Current through all regulations passed and filed through July 1, 2024
(A) A DCP may employ an applicant who has
			 been convicted of or pleaded guilty to an offense listed in paragraph (A) of
			 rule 3701-13-05 of the Administrative
			 Code in a position involving direct care to an older adult, if all of the
			 following standards are met:
(1) The applicant is
			 not a repeat violent offender as defined in paragraph
			 (M) of
			 rule 3701-13-01 of the Administrative
			 Code;
(2) The offense is not
			 a sexually oriented offense as defined in paragraph (N) of rule
			 3701-13-01 of the Administrative
			 Code;
(3) The offense is not
			 a violation of any of the following sections of the Revised Code or a violation
			 of an existing or former law of this state, any other state, or the United
			 States, if the offense is substantially equivalent to the offenses or
			 violations described in the following sections of the Revised Code: 2903.01
			 (aggravated murder), 2903.02 (murder), 2903.03 (voluntary manslaughter),
			 2903.34 (patient abuse or neglect), or 3716.11 (placing harmful objects in food
			 or confection);
(4)
									If the applicant has more than one theft related
			 offense as defined in paragraph (Q) of rule
			 3701-13-01 of the Administrative
			 Code;
(a)
										The
			 victim of either offense was not an older adult; and
(b)
										At least seven
			 years have elapsed since the date the applicant was fully discharged from
			 imprisonment, probation, or parole for the most recent offense;
(5) If the offense is an offense
			 of violence as defined in paragraph (J) of rule
			 3701-13-01 of the Administrative
			 Code, other than one listed in paragraph (A)(3) of this rule;
			 and
(a) The victim of the offense was not an
			 older adult; and
(b) At least five
			 years have elapsed since the date the applicant
			 was fully discharged from imprisonment, probation and parole; or
(6) If the offense is not an
			 offense of violence as defined in paragraph (J) of rule
			 3701-13-01 of the Administrative
			 Code or an offense listed in paragraph (A)(3) of this rule;
			 and
(a) The applicant is either discharged
			 from imprisonment, sentenced to probation, is fined or is on parole;
			 and
(b) The applicant provides
			 proof that all conditions regarding fulfillment of sentencing requirements are
			 being met.
(7) The
			 applicant's character is such that it is unlikely that the applicant will harm
			 an older adult. In making that determination, the chief administrator
			 
									is obligated
			 to consider the following factors for each offense:
(a) The applicant's age at the time of the
			 offense;
(b) Regardless of whether
			 the applicant knew the victim prior to the committing of the offense, the age
			 and mental capacity of the victim;
(c) The nature and seriousness of the
			 offense;
(d) The number of previous
			 offenses or length of time since the most recent conviction or guilty
			 plea;
(e) The degree to which the
			 applicant participated in the offense and the degree to which the victim
			 contributed to or provoked the offense;
(f) The likelihood that the circumstances
			 leading to the offense will reoccur;
(g) The applicant's employment
			 record;
(h) The applicant's efforts
			 at rehabilitation and the results of those efforts;
(i) If known, whether the applicant has been
			 convicted of or pleaded guilty to any violation of an existing or former
			 municipal ordinance substantially equivalent to any offense listed or described
			 in rule 3701-13-05 of the Administrative
			 Code;
(j) Whether any criminal
			 proceedings are pending; and
(k)
			 Any other factors related to the position that the chief administrator
			 considers relevant to the performance of job duties.