{"ref":"OH-HH-HR-04","title":"Disqualifying Offenses, Exclusionary Periods, Certificates, and Pardons","category":"Human resources","summary":"Tells the Administrator how to decide whether a person whose criminal records check shows an offense may work in direct care: the offenses listed in OAC 3701-60-08, the five exclusionary tiers in OAC 3701-60-09 counted from full discharge from imprisonment, probation or parole, the longer periods for multiple offenses, and the effect of certificates of qualification for employment, certificates of achievement and employability, and pardons.","inShort":["Some offenses bar a person from direct care permanently; others bar them for five, seven or ten years after they finish their sentence, probation or parole.","More than one offense can mean a longer waiting period.","A court certificate of qualification for employment, a certificate of achievement and employability, or a pardon can allow hiring, except for the most serious offenses.","Only the Administrator makes these decisions, in writing."],"primaryCitation":"OAC 3701-60-09","citations":["ORC 3740.11(B)(3)","ORC 109.572(A)(3)","OAC 3701-60-01(G)","OAC 3701-60-01(H)","OAC 3701-60-01(O)","OAC 3701-60-01(P)","OAC 3701-60-07(D)","OAC 3701-60-08","OAC 3701-60-09","ORC 2953.25","ORC 2961.22"],"federalCitations":[],"surveyorAsks":["This report shows a conviction. How did you decide the person could be hired?","From what date did you count the exclusionary period?"],"forms":[{"ref":"OH-HH-HR-04-A","title":"Criminal Records Check Hiring Decision Worksheet"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (OAC 3701-60-09)","5. The Five Tiers","6. How to Make the Decision","7. Certificates","8. Pardons and Set-Aside Convictions","9. Employees Hired Before January 1, 2013","10. When the Decision Is \"Not Eligible\"","11. Discretion Within the Rules","12. Responsibilities","13. Records and Compliance Monitoring","14. Staff Training","15. References","16. Related Policies and Forms","17. Approval","18. 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}}