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Disqualifying Offenses, Exclusionary Periods, Certificates, and Pardons

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.

Preview: full text with a package
About this policy
Policy number
OH-HH-HR-04
Version
1.0
Main rule
OAC 3701-60-09
Library
Ohio home health · 59 policies
Category
Human resources
Sections
19

In short

  • 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.

What's inside

19 sections. The full text comes with the One-time Policy Pack.

Full text with a package
  • 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

An inspector may ask

  • This report shows a conviction. How did you decide the person could be hired?
  • From what date did you count the exclusionary period?

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