Effective: October 17, 2019
Latest Legislation: House Bill 166 - 133rd General Assembly
(A) As used in this section:
(1)(a) "Applicant" means any of the following:
(i) A person who is under final consideration for appointment to or employment with the department of developmental disabilities or a county board of developmental disabilities;
(ii) A person who is being transferred to the department or a county board;
(iii) An employee who is being recalled to or reemployed by the department or a county board after a layoff;
(iv) A person under final consideration for a direct services position with a provider or subcontractor.
(b) Neither of the following is an applicant:
(i) A person who is employed by a responsible entity in a position for which a criminal records check is required by this section and either is being considered for a different position with the responsible entity or is returning after a leave of absence or seasonal break in employment, unless the responsible entity has reason to believe that the person has committed a disqualifying offense;
(ii) A person who is to provide only respite care under a family support services program established under section 5126.11 of the Revised Code if a family member of the individual with a developmental disability who is to receive the respite care selects the person.
(2) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.
(3) "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 with developmental disabilities.
(4) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code.
(5)(a) "Employee" means either of the following:
(i) A person appointed to or employed by the department of developmental disabilities or a county board of developmental disabilities;
(ii) A person employed in a direct services position by a provider or subcontractor.
(b) "Employee" does not mean a person who provides only respite care under a family support services program established under section 5126.11 of the Revised Code if a family member of the individual with a developmental disability who receives the respite care selected the person.
(6) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.
(7) "Provider" means a person that provides specialized services to individuals with developmental disabilities and employs one or more persons in direct services positions.
(8) "Responsible entity" means the following:
(a) The department of developmental disabilities in the case of either of the following:
(i) A person who is an applicant because the person is 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;
(ii) A person who is an employee because the person is appointed to or employed by the department.
(b) A county board of developmental disabilities in the case of either of the following:
(i) A person who is an applicant because the person is 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;
(ii) A person who is an employee because the person is appointed to or employed by the county board.
(c) A provider in the case of either of the following:
(i) A person who is an applicant because the person is under final consideration for a direct services position with the provider;
(ii) A person who is an employee because the person is employed in a direct services position by the provider.
(d) A subcontractor in the case of either of the following:
(i) A person who is an applicant because the person is under final consideration for a direct services position with the subcontractor;
(ii) A person who is an employee because the person is employed in a direct services position by the subcontractor.
(9) "Specialized services" means 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 of developmental disabilities. 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 developmental disabilities make a determination. The director's determination is final.
(10) "Subcontractor" means a person to which both of the following apply:
(a) The person has either of the following:
(i) A subcontract with a provider to provide specialized services included in the contract between the provider and the department of developmental disabilities or a county board of developmental disabilities;
(ii) A subcontract with another subcontractor to provide specialized services included in a subcontract between the other subcontractor and a provider or other subcontractor.
(b) The person employs one or more persons in direct services positions.
(B) A responsible entity shall not employ an applicant or continue to employ an employee if either of the following applies:
(1) The applicant or employee fails to comply with division (D)(3) of this section.
(2) Except as provided in rules adopted under this section, the applicant or employee is found by a criminal records check required by this section to have been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense.
(C) Before employing an applicant in a position for which a criminal records check is required by this section, a responsible entity shall require the applicant to submit a statement with the applicant's signature attesting that the applicant has not been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense. The responsible entity also shall require the applicant to sign an agreement under which the applicant agrees to notify the responsible entity within fourteen calendar days if, while employed by the responsible entity, the applicant is formally charged with, is convicted of, pleads guilty to, or is found eligible for intervention in lieu of conviction for a disqualifying offense. The agreement shall provide that the applicant's failure to provide the notification may result in termination of the applicant's employment.
(D)(1) As a condition of employing any applicant in a position for which a criminal records check is required by this section, a responsible entity shall request the superintendent of the bureau of criminal identification and investigation to conduct a criminal records check of the applicant. If rules adopted under this section require an employee to undergo a criminal records check, a responsible entity shall request the superintendent to conduct a criminal records check of the employee at times specified in the rules as a condition of the responsible entity's continuing to employ the employee in a position for which a criminal records check is required by this section. If an applicant or employee does not present proof that the applicant or employee has been a resident of this state for the five-year period immediately prior to the date upon which the criminal records check is requested, the responsible entity shall request that the superintendent obtain information from the federal bureau of investigation as a part of the criminal records check. If the applicant or employee presents proof that the applicant or employee has been a resident of this state for that five-year period, the responsible entity may request that the superintendent include information from the federal bureau of investigation in the criminal records check. For purposes of this division, an applicant or employee may provide proof of residency in this state by presenting, with a notarized statement asserting that the applicant or employee has been a resident of this state for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the applicant's or employee's permanent residence, or any other document the responsible entity considers acceptable.
(2) A responsible entity shall do all of the following:
(a) Provide to each applicant and employee for whom a criminal records check is required by this section a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant to division (C)(2) of section 109.572 of the Revised Code;
(b) Obtain the completed form and standard impression sheet from the applicant or employee;
(c) Forward the completed form and standard impression sheet to the superintendent at the time the criminal records check is requested.
(3) Any applicant or employee who receives pursuant to this division a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a copy of the standard impression sheet prescribed pursuant to division (C)(2) of that section and who is requested to complete the form and provide a set of the applicant's or employee's fingerprint impressions shall complete the form or provide all the information necessary to complete the form and shall provide the standard impression sheet with the impressions of the applicant's or employee's fingerprints.
(4) A responsible entity shall pay to the bureau of criminal identification and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check requested and conducted pursuant to this section.
(E) A responsible entity may request any other state or federal agency to supply the responsible entity with a written report regarding the criminal record of an applicant or employee. If an employee holds an occupational or professional license or other credentials, the responsible entity may request that the state or federal agency that regulates the employee's occupation or profession supply the responsible entity with a written report of any information pertaining to the employee's criminal record that the agency obtains in the course of conducting an investigation or in the process of renewing the employee's license or other credentials. The responsible entity may consider the reports when determining whether to employ the applicant or to continue to employ the employee.
(F) As a condition of employing an applicant in a position for which a criminal records check is required by this section and that involves transporting individuals with developmental disabilities or operating a responsible entity's vehicles for any purpose, the responsible entity shall obtain the applicant's driving record from the bureau of motor vehicles. If rules adopted under this section require a responsible entity to obtain an employee's driving record, the responsible entity shall obtain the employee's driving record from the bureau at times specified in the rules as a condition of continuing to employ the employee. The responsible entity may consider the applicant's or employee's driving record when determining whether to employ the applicant or to continue to employ the employee.
(G) A responsible entity may employ an applicant conditionally pending receipt of a report regarding the applicant requested under this section. The responsible entity shall request the report before employing the applicant conditionally. The responsible entity shall terminate the applicant's employment if it is determined from a report that the applicant failed to inform the responsible entity that the applicant had been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense.
(H) A responsible entity may charge an applicant a fee for costs the responsible entity incurs in obtaining a report regarding the applicant under this section if the responsible entity notifies the applicant of the amount of the fee at the time of the applicant's initial application for employment and that, unless the fee is paid, the responsible entity will not consider the applicant for employment. The fee shall not exceed the amount of the fee, if any, the responsible entity pays for the report.
(I)(1) Any report obtained pursuant to this section is not a public record for purposes of section 149.43 of the Revised Code and shall not be made available to any person, other than the following:
(a) The applicant or employee who is the subject of the report or the applicant's or employee's representative;
(b) The responsible entity that requested the report or its representative;
(c) The department if a county board, provider, or subcontractor is the responsible entity that requested the report and the department requests the responsible entity to provide a copy of the report to the department;
(d) A county board if a provider or subcontractor is the responsible entity that requested the report and the county board requests the responsible entity to provide a copy of the report to the county board;
(e) Any court, hearing officer, or other necessary individual involved in a case dealing with any of the following:
(i) The denial of employment to the applicant or employee;
(ii) The denial, suspension, or revocation of a certificate under section 5123.166 or 5123.45 of the Revised Code;
(iii) A civil or criminal action regarding the medicaid program or a program the department administers.
(2) An applicant or employee for whom the responsible entity has obtained reports under this section may submit a written request to the responsible entity to have copies of the reports sent to any state agency, entity of local government, or private entity. The applicant or employee shall specify in the request the agencies or entities to which the copies are to be sent. On receiving the request, the responsible entity shall send copies of the reports to the agencies or entities specified.
(3) A responsible entity may request that a state agency, entity of local government, or private entity send copies to the responsible entity of any report regarding a records check or criminal records check that the agency or entity possesses, if the responsible entity obtains the written consent of the individual who is the subject of the report.
(4) A responsible entity shall provide each applicant and employee with a copy of any report obtained about the applicant or employee under this section.
(J) The director of developmental disabilities shall adopt rules in accordance with Chapter 119. of the Revised Code to implement this section.
(1) The rules may do the following:
(a) Require employees to undergo criminal records checks under this section;
(b) Require responsible entities to obtain the driving records of employees under this section;
(c) If the rules require employees to undergo criminal records checks, require responsible entities to obtain the driving records of employees, or both, exempt one or more classes of employees from the requirements.
(2) The rules shall do all of the following:
(a) If the rules require employees to undergo criminal records checks, require responsible entities to obtain the driving records of employees, or both, specify the times at which the criminal records checks are to be conducted and the driving records are to be obtained;
(b) Specify circumstances under which a responsible entity may employ an applicant or employee who is found by a criminal records check required by this section to have been convicted of, pleaded guilty to, or been found eligible for intervention in lieu of conviction for a disqualifying offense but meets standards in regard to rehabilitation set by the director;
(c) Require a responsible entity to request a criminal records check under this section before employing an applicant conditionally as permitted under division (G) of this section.
Structure Ohio Revised Code
Chapter 5123 | Department of Developmental Disabilities
Section 5123.01 | Department of Developmental Disabilities Definitions.
Section 5123.011 | Adoption of Rules.
Section 5123.012 | Eligibility Determinations.
Section 5123.013 | Application of Chapter.
Section 5123.014 | Reference to Department or Director and Other Terms.
Section 5123.02 | Duties of Department.
Section 5123.021 | Determining Need for Nursing Facility Care.
Section 5123.023 | Employment First Task Force.
Section 5123.024 | Implementation of Early Intervention Services Program.
Section 5123.025 | Technology First Policy.
Section 5123.026 | Technology First Task Force.
Section 5123.03 | Management of Institutions and Facilities.
Section 5123.031 | Nonpartisan Management.
Section 5123.032 | Closure of a Developmental Center.
Section 5123.033 | Department Program Fee Fund.
Section 5123.034 | Developmental Centers Services and Cost Recovery.
Section 5123.04 | Director of Department - Powers and Duties.
Section 5123.042 | Plans for Development or Modification of Residential Services; Rules.
Section 5123.043 | Complaint Resolution.
Section 5123.044 | Determination of Violation of Rights; Assistance to Individuals.
Section 5123.045 | Certification and Licensing of Providers.
Section 5123.047 | Department Payment of Nonfederal Share of Certain Expenditures.
Section 5123.048 | Payment of Nonfederal Share of County Medicaid Expenditures.
Section 5123.0410 | Individual Receiving Services Moving to New County.
Section 5123.0412 | Oddd Administration and Oversight Fund.
Section 5123.0414 | Methods of Notice by Department.
Section 5123.0415 | Notification of Change of Address.
Section 5123.0416 | Expenditure and Allocation of Appropriated Fees.
Section 5123.0417 | Programs for Person Under 22 With Intensive Behavioral Needs.
Section 5123.0418 | Additional Uses of Funds.
Section 5123.0419 | Interagency Workgroup on Autism.
Section 5123.0421 | Rules to Implement Part C Early Intervention Services Program.
Section 5123.0422 | Early Intervention Services Advisory Council.
Section 5123.0423 | Request for Student Data Verification Code.
Section 5123.0424 | Reimbursement of Travel Expenses of Official Members of Workgroups.
Section 5123.05 | Audits of Services and Programs.
Section 5123.051 | Payment Agreements With Providers.
Section 5123.06 | Divisions of Department.
Section 5123.07 | Bureau of Research - Duties.
Section 5123.08 | Classified and Unclassified Appointments.
Section 5123.081 | Criminal Records Check.
Section 5123.09 | Managing Officer of Institution - Powers and Duties.
Section 5123.091 | Changing Purpose and Use of Institutions.
Section 5123.092 | Citizen's Advisory Council.
Section 5123.093 | Duties of Citizen's Advisory Council.
Section 5123.10 | Bond of Employees.
Section 5123.11 | Residency Medical and Psychological Training Programs.
Section 5123.12 | Residency Training Programs for Students Enrolled in Appropriate Care Programs.
Section 5123.122 | Support Rate.
Section 5123.13 | Special Police Officers.
Section 5123.14 | Investigations.
Section 5123.15 | Appointing Special Agents and Persons.
Section 5123.16 | Valid Supported Living Certificate Required.
Section 5123.161 | Application for Supported Living Certificate.
Section 5123.162 | Applicant Survey to Determine if Standards Met.
Section 5123.163 | Term of Supported Living Certificate.
Section 5123.164 | Renewal of Supported Living Certificate.
Section 5123.165 | Provision of Supported Living and Residence.
Section 5123.166 | Adjudication Order Against Certificate Applicant or Holder.
Section 5123.167 | Reapplication After Negative Adjudication on Certificate.
Section 5123.168 | Termination of Certificate for Failure to Bill for Services.
Section 5123.169 | Issuance of Supported Living Certificate.
Section 5123.1610 | Termination or Refusal of Provider Agreement for Supported Living.
Section 5123.1611 | Rules Governing Supported Living Program.
Section 5123.17 | Care Outside Institution.
Section 5123.171 | Respite Care Services.
Section 5123.18 | Contracts With Person or Agency to Provide Services.
Section 5123.19 | Operation of Residential Facilities.
Section 5123.191 | Appointing Receiver to Operate Residential Facility.
Section 5123.192 | Licensing for Icf/iid After 7/1/2013.
Section 5123.193 | Searchable Database of Vacancies in Licensed Residential Facilities.
Section 5123.194 | Waiving Support Collection Requirements to Facilitate Independent Living.
Section 5123.195 | Reporting Implementation of Amendments to Statute.
Section 5123.196 | Maximum Number of Beds.
Section 5123.198 | Reduction in Number of Residents.
Section 5123.20 | Prohibiting Operation Without License.
Section 5123.22 | Appropriating Property.
Section 5123.221 | Cultivating Land - Purchases From Other Institutions.
Section 5123.24 | Businesses Located Near Institutions.
Section 5123.25 | Purchasing Supplies.
Section 5123.27 | Holding Property in Trust.
Section 5123.28 | Handling Funds Belonging to Residents.
Section 5123.29 | Industrial and Entertainment Fund - Commissary Fund.
Section 5123.30 | Books and Accounts.
Section 5123.31 | Confidentiality.
Section 5123.33 | Annual Report.
Section 5123.34 | Liberal Construction of Chapter.
Section 5123.35 | Ohio Developmental Disabilities Council.
Section 5123.352 | Community Developmental Disabilities Trust Fund.
Section 5123.36 | State Participation in Developmental Disability Construction Programs.
Section 5123.37 | Application to Sell Facility and Acquire Replacement.
Section 5123.371 | Payment to Director After Sale of Facility.
Section 5123.372 | Deadline for Acquisition of Replacement Facility.
Section 5123.373 | Agreement to Pay Percentage of Cost of Acquisition.
Section 5123.374 | Rescission of Approval of Application.
Section 5123.375 | Developmental Disabilities Community Capital Replacement Fund.
Section 5123.38 | Effect of Transfer From Supported Services to Commitment to Icf/iid.
Section 5123.39 | Patient Clothing.
Section 5123.40 | Services Fund for Individuals With Developmental Disabilities.
Section 5123.421 | Complaints and Investigations.
Section 5123.44 | Training Registered Nurses to Provide Training Courses for Department Personnel.
Section 5123.441 | Certificates to Provide Training Courses.
Section 5123.45 | Program for Issuing of Certificates.
Section 5123.451 | Registry Listing Personnel and Registered Nurses Holding Valid Certificates.
Section 5123.452 | Adjudication Orders.
Section 5123.47 | Authorizing In-Home Worker to Perform Health Care Tasks.
Section 5123.50 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation Definitions.
Section 5123.51 | Reviewing Report of Abuse, Neglect or Misappropriation.
Section 5123.52 | Registry of Employees Guilty of Abuse, Neglect or Misappropriation.
Section 5123.53 | Petitioning for Removal From Registry.
Section 5123.54 | Rehabilitation Standard Rules.
Section 5123.542 | Notice Explaining Prohibited Conduct.
Section 5123.55 | Protective Services Definitions.
Section 5123.56 | Statewide System of Protective Service.
Section 5123.57 | Evaluation Before Guardianship or Trusteeship Begins.
Section 5123.58 | Nomination of Protective Services Agency as Guardian, Trustee or Protector.
Section 5123.60 | Ohio Protection and Advocacy System.
Section 5123.601 | Access to Information by Staff and Attorneys.
Section 5123.602 | Compensation in Class Action Cases.
Section 5123.603 | Joint Committee to Examine Protection and Advocacy System.
Section 5123.61 | Reporting Abuse, Neglect, and Other Major Unusual Incidents.
Section 5123.611 | Reviewing Report of Abuse, Neglect, or a Major Unusual Incident.
Section 5123.612 | Reporting Unusual Incidents.
Section 5123.613 | Subject of Report or Representative Has Right to Report and Related Records.
Section 5123.614 | Procedure Following Report of Major Unusual Incident.
Section 5123.62 | Rights of Persons With a Developmental Disability.
Section 5123.621 | Legislative Intent Regarding Adult Day Services.
Section 5123.63 | Distributing Copies of Rights.
Section 5123.64 | Enforcement Duties.
Section 5123.65 | Self-Administration of Medication.
Section 5123.651 | Assistance in Self-Administration of Prescribed Medication.
Section 5123.67 | Liberal Construction of Chapter.
Section 5123.69 | Voluntary Admission.
Section 5123.691 | Admission to Specialized Treatment Unit for Minors.
Section 5123.70 | Requesting Release of Voluntary Resident.
Section 5123.701 | Application for Short-Term Care.
Section 5123.71 | Affidavit for Involuntary Institutionalization.
Section 5123.711 | Assessment of Individual's Needs.
Section 5123.72 | Presentation of Case for State.
Section 5123.73 | Notice of Hearing.
Section 5123.74 | Emergency Institutionalization by Probate Court.
Section 5123.75 | Probable Cause Hearing.
Section 5123.76 | Full Hearing.
Section 5123.77 | Temporary Holding.
Section 5123.79 | Discharging Involuntary Resident.
Section 5123.80 | Trial Visits.
Section 5123.801 | Expenses of Trial Visit or Discharge.
Section 5123.81 | Involuntarily Committed Resident Absent Without Leave.
Section 5123.811 | Reporting Change of Location, Death or Condition of Resident.
Section 5123.82 | Application for Habilitation and Care of Discharged Resident.
Section 5123.83 | Civil and Public or Private Employment Rights.
Section 5123.84 | Free Communication With Others by Residents.
Section 5123.85 | Habilitation Plan.
Section 5123.851 | Procedure Upon Discharge.
Section 5123.86 | Consent for Medical Treatment.
Section 5123.87 | Labor or Tasks Performed by Residents.
Section 5123.88 | Writ of Habeas Corpus.
Section 5123.89 | Confidentiality.
Section 5123.90 | Attorney General Duties.
Section 5123.93 | Guardianship of Minor.
Section 5123.95 | Transmission of Court Papers.
Section 5123.96 | Payment of Costs, Fees, and Expenses of Proceedings.