(1) “Contracting entity” means an entity under contract with a county board of developmental disabilities for the provision of specialized services to individuals with mental retardation or a developmental disability.
(2) “Direct services position” means an employment position in which the employee has physical contact with, the opportunity to be alone with, or exercises supervision or control over one or more individuals with mental retardation or a developmental disability.
(3) “Specialized services” means any program or service designed and operated to serve primarily individuals with mental retardation or a developmental disability, 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 contracting entity is providing specialized services, the contracting entity may request that the director of developmental disabilities make a determination. The director’s determination is final.
(B)(1) Except as provided in division (B)(2) of this section, each contracting entity shall conduct background investigations in the same manner county boards conduct investigations under section 5126.28 of the Revised Code of all persons under final consideration for employment with the contracting entity in a direct services position. On request, the county board shall assist a contracting entity in obtaining reports from the bureau of criminal identification and investigation or any other state or federal agency and in obtaining abstracts from the registrar of motor vehicles.
(2) A contracting entity is not required to request a criminal records check for either of the following:
(a) An employee of the entity who is in a direct services position and being considered for a different direct services position or is returning after a leave of absence or seasonal break in employment, as long as the contracting entity has no reason to believe that the employee has committed any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code;
(b) A person who will provide only respite care under a family support services program established under section 5126.11 of the Revised Code, if the person is selected by a family member of the individual with mental retardation or a developmental disability who is to receive the respite care.
(C) No contracting entity shall place a person in a direct services position if the person has been convicted of or pleaded guilty to any offense listed or described in division (E) of section 5126.28 of the Revised Code, unless the person meets the standards for rehabilitation established by rules adopted under section 5126.28 of the Revised Code.
(D) A contracting entity may place a person in a direct services position pending receipt of information concerning the person’s background investigation from the bureau of criminal identification and investigation, the registrar of motor vehicles, or any other state or federal agency if the person submits to the contracting entity a statement with the person’s signature that the person has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. No contracting entity shall fail to terminate the placement of such person if the contracting entity is informed that the person has been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code.
(E) Prior to employing a person in a direct services position, the contracting entity shall require the person to submit a statement with the applicant’s signature attesting that the applicant has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The contracting entity also shall require the person to sign an agreement to notify the contracting entity within fourteen calendar days if, while employed by the entity, the person is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The agreement shall inform the person that failure to report formal charges, a conviction, or a guilty plea may result in being dismissed from employment.
(F) A county board may take appropriate action against a contracting entity that violates this section, including terminating the contracting entity’s contract with the board.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
(1) “Contracting entity” means an entity under contract with a county board of developmental disabilities for the provision of specialized services to individuals with mental retardation or a developmental disability.
(2) “Direct services position” means an employment position in which the employee has physical contact with, the opportunity to be alone with, or exercises supervision or control over one or more individuals with mental retardation or a developmental disability.
(3) “Specialized services” means any program or service designed and operated to serve primarily individuals with mental retardation or a developmental disability, 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 contracting entity is providing specialized services, the contracting entity may request that the director of developmental disabilities make a determination. The director’s determination is final.
(B)(1) Except as provided in division (B)(2) of this section, each contracting entity shall conduct background investigations in the same manner county boards conduct investigations under section 5126.28 of the Revised Code of all persons under final consideration for employment with the contracting entity in a direct services position. On request, the county board shall assist a contracting entity in obtaining reports from the bureau of criminal identification and investigation or any other state or federal agency and in obtaining abstracts from the registrar of motor vehicles.
(2) A contracting entity is not required to request a criminal records check for either of the following:
(a) An employee of the entity who is in a direct services position and being considered for a different direct services position or is returning after a leave of absence or seasonal break in employment, as long as the contracting entity has no reason to believe that the employee has committed any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code;
(b) A person who will provide only respite care under a family support services program established under section 5126.11 of the Revised Code, if the person is selected by a family member of the individual with mental retardation or a developmental disability who is to receive the respite care.
(C) No contracting entity shall place a person in a direct services position if the person has been convicted of or pleaded guilty to any offense listed or described in division (E) of section 5126.28 of the Revised Code, unless the person meets the standards for rehabilitation established by rules adopted under section 5126.28 of the Revised Code.
(D) A contracting entity may place a person in a direct services position pending receipt of information concerning the person’s background investigation from the bureau of criminal identification and investigation, the registrar of motor vehicles, or any other state or federal agency if the person submits to the contracting entity a statement with the person’s signature that the person has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. No contracting entity shall fail to terminate the placement of such person if the contracting entity is informed that the person has been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code.
(E) Prior to employing a person in a direct services position, the contracting entity shall require the person to submit a statement with the applicant’s signature attesting that the applicant has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The contracting entity also shall require the person to sign an agreement to notify the contracting entity within fourteen calendar days if, while employed by the entity, the person is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The agreement shall inform the person that failure to report formal charges, a conviction, or a guilty plea may result in being dismissed from employment.
(F) A county board may take appropriate action against a contracting entity that violates this section, including terminating the contracting entity’s contract with the board.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
(1) “Contracting entity” means an entity under contract with a county board of developmental disabilities for the provision of specialized services to individuals with mental retardation or a developmental disability.
(2) “Direct services position” means an employment position in which the employee has physical contact with, the opportunity to be alone with, or exercises supervision or control over one or more individuals with mental retardation or a developmental disability.
(3) “Specialized services” means any program or service designed and operated to serve primarily individuals with mental retardation or a developmental disability, 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 contracting entity is providing specialized services, the contracting entity may request that the director of developmental disabilities make a determination. The director’s determination is final.
(B)(1) Except as provided in division (B)(2) of this section, each contracting entity shall conduct background investigations in the same manner county boards conduct investigations under section 5126.28 of the Revised Code of all persons under final consideration for employment with the contracting entity in a direct services position. On request, the county board shall assist a contracting entity in obtaining reports from the bureau of criminal identification and investigation or any other state or federal agency and in obtaining abstracts from the registrar of motor vehicles.
(2) A contracting entity is not required to request a criminal records check for either of the following:
(a) An employee of the entity who is in a direct services position and being considered for a different direct services position or is returning after a leave of absence or seasonal break in employment, as long as the contracting entity has no reason to believe that the employee has committed any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code;
(b) A person who will provide only respite care under a family support services program established under section 5126.11 of the Revised Code, if the person is selected by a family member of the individual with mental retardation or a developmental disability who is to receive the respite care.
(C) No contracting entity shall place a person in a direct services position if the person has been convicted of or pleaded guilty to any offense listed or described in division (E) of section 5126.28 of the Revised Code, unless the person meets the standards for rehabilitation established by rules adopted under section 5126.28 of the Revised Code.
(D) A contracting entity may place a person in a direct services position pending receipt of information concerning the person’s background investigation from the bureau of criminal identification and investigation, the registrar of motor vehicles, or any other state or federal agency if the person submits to the contracting entity a statement with the person’s signature that the person has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. No contracting entity shall fail to terminate the placement of such person if the contracting entity is informed that the person has been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code.
(E) Prior to employing a person in a direct services position, the contracting entity shall require the person to submit a statement with the applicant’s signature attesting that the applicant has not been convicted of or pleaded guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The contracting entity also shall require the person to sign an agreement to notify the contracting entity within fourteen calendar days if, while employed by the entity, the person is ever formally charged with, convicted of, or pleads guilty to any of the offenses listed or described in division (E) of section 5126.28 of the Revised Code. The agreement shall inform the person that failure to report formal charges, a conviction, or a guilty plea may result in being dismissed from employment.
(F) A county board may take appropriate action against a contracting entity that violates this section, including terminating the contracting entity’s contract with the board.
Amended by 128th General Assembly ch. 7, SB 79, § 1, eff. 10/6/2009.
