{"ref":"OH-HSP-HR-03","title":"Criminal Records Checks and Exclusion Screening","category":"Human resources","summary":"Sets out the Ohio criminal records check every applicant for a direct care position must have under ORC 3712.09 and OAC Chapter 3701-13: the notice at application, fingerprints, BCII and FBI checks, conditional employment with the five-business-day request and the thirty-day limit, disqualifying offenses, personal character standards, confidentiality and the applicant log, plus federal exclusion screening and the Agency's re-check standard.","inShort":["Everyone in a direct care job must give fingerprints and complete the criminal records check forms before starting work.","The Agency must send your check to BCII no later than five business days after you start conditional work, and usually does it before your first day.","If the state results do not arrive within 30 days of the request, your conditional employment must end.","Some convictions bar work with older adults unless strict personal character standards are met.","Tell the Administrator within one business day if you are arrested, charged or convicted."],"primaryCitation":"ORC 3712.09","citations":["ORC 3712.09","ORC 109.572","OAC 3701-13-01","OAC 3701-13-02","OAC 3701-13-03","OAC 3701-13-04","OAC 3701-13-05","OAC 3701-13-06","OAC 3701-13-07","OAC 3701-19-09(G)","OAC 3701-19-12(F)","OAC 3701-19-05(E)","OAC 5160-1-17.2(H)"],"federalCitations":["42 CFR §418.114(d)","42 CFR §418.3","42 U.S.C. §1320a-7","42 CFR §1001.1901"],"surveyorAsks":["Show me your applicant log. For this aide, when did she start, when was the BCII request submitted and when did you receive the results?","Who gets an FBI check, and how do you decide?"],"forms":[{"ref":"OH-HSP-HR-03-A","title":"Criminal Records Check Applicant Log"},{"ref":"OH-HSP-HR-03-B","title":"Applicant Notice: Fingerprints and Criminal Records Check"},{"ref":"OH-HSP-HR-03-C","title":"Personal Character Standards Determination"}],"headings":["Terms of Reference","1. Purpose","2. Scope","3. Definitions","4. Policy Statement (ORC 3712.09; OAC 3701-19-09(G))","5. At Initial Application","6. Requesting the Check","7. Conditional Employment","8. Staffing-Agency and Referred Workers","9. Disqualifying Offenses and Personal Character Standards","9.1 Personal character standards (OAC 3701-13-06)","10. Confidentiality and the Applicant Log","11. Fees","12. Volunteers, Re-Checks and Self-Reporting (Agency standards)","13. Exclusion Screening","14. Responsibilities","15. Records and Compliance Monitoring","16. Staff Training","17. References","18. Related Policies and Forms","19. Approval","20. Revision History"],"version":"1.0","sample":false,"pack":"oh-hospice","state":"Ohio","service":"Hospice","guides":[{"path":"/guides/hospice-policies/","h1":"What policies are required for hospice?"},{"path":"/guides/hospice-conditions-of-participation/","h1":"Hospice Conditions of Participation: which policies each one needs"}],"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}