{"ref":"OH-HC-HR-02","title":"Criminal Records Check Policy: Database Review, BCII and FBI Checks, and Conditional Employment","category":"Human resources","summary":"The Agency's written criminal records check policy, filed with its nonmedical home health services license application. It covers who is checked, the notices given to applicants, the six-database review, the BCII criminal records check with FBI information where required, conditional employment with the five-business-day request and sixty-day limit, the disqualifying offenses and exclusionary periods, certificates and pardons, the five-year re-checks of employees, and the confidentiality, roster and attestation requirements of OAC 3701-60-10.","inShort":["Ohio law requires a database review and a fingerprint-based criminal records check for every direct care job.","You may start conditionally only after the database review is clear and your fingerprint form is done. The Agency requests your check within five business days.","If your results are not back within 60 days of the request, conditional employment must end.","You will be checked again at least every five years.","Tell the Administrator before your next shift if you are arrested, charged or convicted."],"primaryCitation":"ORC 3740.11","citations":["ORC 3740.01(C), (D), (F)","ORC 3740.03(B)(1)(d)","ORC 3740.11","ORC 109.572","OAC 3701-60-01(A), (E) to (I)","OAC 3701-60-03(B)(3)(g)","OAC 3701-60-05","OAC 3701-60-06","OAC 3701-60-07","OAC 3701-60-08","OAC 3701-60-09","OAC 3701-60-10","OAC 3701-60-11","ORC 2953.25","ORC 2961.22","OAC 173-39-02(A)(2), (B)(10)(a)(ii)","OAC 173-9-02(B)(4)","OAC 5160-45-03(A)(8)","ORC 5164.342"],"federalCitations":[],"surveyorAsks":["Show me your written criminal records check policy. Is it the version you filed with your license application?","For this aide, show me the database review, the date you requested the BCII check, the date you received it, and whether FBI information was needed."],"forms":[{"ref":"OH-HC-HR-02-A","title":"Applicant Notice: Database Review, Criminal Records Check, and Fingerprints"},{"ref":"OH-HC-HR-02-B","title":"Database Review Record"},{"ref":"OH-HC-HR-02-C","title":"Criminal Records Check Roster"},{"ref":"OH-HC-HR-02-D","title":"Conditional Employment Agreement"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (ORC 3740.11)","5. Notices to Applicants and Employees","6. Fees","7. Step 1: Database Review","8. Step 2: Criminal Records Check","9. Conditional Employment","10. Limits on Conditional Employment","11. Using the Results: Disqualifying Offenses and Exclusionary Periods","12. Certificates, Pardons and Other Exceptions","13. Five-Year Re-Checks and Duty to Report","14. Confidentiality, Records and Attestation","15. Good-Faith Reliance","16. Responsibilities","17. Records and Compliance Monitoring","18. Staff Training","19. References","20. Related Policies and Forms","21. Approval","22. Revision History"],"version":"1.0","sample":false,"pack":"oh-hca","state":"Ohio","service":"Home care","guides":[{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}