{"ref":"OH-HH-HR-03","title":"Database Reviews, Criminal Records Checks, and Conditional Employment","category":"Human resources","summary":"The Agency’s written criminal records check policy, filed with its license application: who is covered, the notice given to applicants, the six-database review that comes first, the BCII (and where needed FBI) criminal records check with fingerprints, conditional employment with the five-business-day and sixty-day limits, re-checks every five years, and the confidential roster kept for the Ohio Department of Health.","inShort":["Before you give care, the Agency checks six databases and requests a criminal records check through BCII, with your fingerprints.","If you lived outside Ohio in the last five years, an FBI check is added.","If you start before the results arrive, the Agency must request the check within five business days, and you cannot continue if results are not back within sixty days.","Direct care staff are checked again at least every five years. Give your fingerprints promptly when asked.","Your report is confidential. Tell the Administrator about any new criminal charge."],"primaryCitation":"ORC 3740.11","citations":["ORC 3740.01(D)","ORC 3740.11","ORC 109.572","OAC 3701-60-01(F)","OAC 3701-60-03(A)(3)(k)","OAC 3701-60-05","OAC 3701-60-06","OAC 3701-60-07","OAC 3701-60-10","OAC 3701-60-11"],"federalCitations":["42 CFR §484.105(e)(2)"],"surveyorAsks":["Show me your written criminal records check policy, the one filed with your license application.","For this aide, show me the database review, the date you requested the BCII check, and the date you received the report."],"forms":[{"ref":"OH-HH-HR-03-A","title":"Applicant Notice: Database Review, Criminal Records Check, and Fingerprints"},{"ref":"OH-HH-HR-03-B","title":"Database Review and Criminal Records Check Roster"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (ORC 3740.11)","5. Positions Covered and Chief Administrator Designations","6. Notice to Applicants","7. Step One: Database Review","7.1 Results of the database review","8. Step Two: Criminal Records Check","9. Conditional Employment","9.1 Ending conditional employment","10. Hiring Decision","11. Re-checks of Employees","12. Applicants and Employees Referred by an Employment Service","13. Confidentiality, Roster, and Attestation","14. Good-Faith Reliance","15. Responsibilities","16. Records and Compliance Monitoring","17. Staff Training","18. References","19. Related Policies and Forms","20. Approval","21. Revision History"],"version":"1.0","sample":false,"pack":"oh-hha","state":"Ohio","service":"Home health","guides":[{"path":"/guides/home-health-agency-policies/","h1":"What policies and procedures are required for home health agencies?"},{"path":"/guides/home-health-conditions-of-participation/","h1":"Home health Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}