1. Criminal Records Checks November 26, 2012

2. Criminal Records Checks DISCLAIMER: This presentation reflects the insight of the presenter. Please do not view the presentation as a replacement to following the statutes and rules on criminal records checks.

3. Criminal Records Checks The presentation will answer: 1. Why change?

4. Criminal Records Checks The presentation will answer: 1. Why change? 2. What reforms?

5. Criminal Records Checks The presentation will answer: 1. Why change? 2. What reforms? 3. How does it work?

6. Criminal Records Checks Why change?

7. Criminal Records Checks Why Change? A letter initiated this round of reform.

8. Criminal Records Checks Why Change? A letter initiated this round of reform.

9. Criminal Records Checks Why Change? A letter initiated this round of reform.

10. Criminal Records Checks Why Change? OHT quickly convened a multi-agency team.

11. Criminal Records Checks Why Change? OHT quickly convened a multi-agency team. The team developed a strategy to close loopholes that reduce protections.

12. Criminal Records Checks Why Change? OHT quickly convened a multi-agency team. The team developed a strategy to close loopholes that reduce protections.

13. Criminal Records Checks Why Change? The Kasich Administration and Ohio legislators enacted this strategy through House Bill 487.

14. Criminal Records Checks Why Change? Meanwhile...

15. Criminal Records Checks Why Change? Meanwhile... The Kasich Administration and legislators developed a strategy to help 2 million Ohioans who have criminal records obtain jobs if they no longer pose a danger to the public.

16. Criminal Records Checks Why Change? The Kasich Administration and legislators enacted this strategy through Senate Bill 337.

17. Criminal Records Checks Why Change? The Kasich Administration and legislators enacted this strategy through Senate Bill 337.

18. Criminal Records Checks Why Change? This added another goal for our reform effort.

19. Criminal Records Checks Why Change? Additionally, at the beginning of the year, a new law took effect.

20. Criminal Records Checks Why Change? Additionally, at the beginning of the year, a new law took effect. The Kasich Administration and legislators enacted S.B.2 to eliminate unnecessary adverse impacts upon Ohio businesses.

21. Criminal Records Checks Why Change? This required the OHT team to work with the CSI Office to minimize adverse impacts upon the businesses that state law requires to conduct criminal records checks.

22. Criminal Records Checks Why Change? Together, these three pieces of legislation steered the development of the rules.

23. Criminal Records Checks Why Change? Together, these three pieces of legislation steered the development of the rules.  H.B.487: Close loopholes to increase safety.

24. Criminal Records Checks Why Change? Together, these three pieces of legislation steered the development of the rules.  H.B.487: Close loopholes to increase safety.  S.B.337: Let Ohioans with criminal records work again if they are no longer a danger.

25. Criminal Records Checks Why Change? Together, these three pieces of legislation steered the development of the rules.  H.B.487: Close loopholes to increase safety.  S.B.337: Let Ohioans with criminal records work again if they are no longer a danger.  S.B.2: Minimize adverse impacts upon the businesses that conduct criminal records checks.

26. Criminal Records Checks What reforms?

27. Criminal Records Checks What reforms? Effective Dates

28. Criminal Records Checks What Reforms? Effective Dates The reformed statutes and rules take effect on the same day: January 1, 2013

29. Criminal Records Checks What reforms? Uniform List of Disqualifying Offenses

30. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2012 statutes on criminal records checks created a realm of uniform disqualifying offenses.

31. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2012 statutes on criminal records checks created a realm of uniform disqualifying offenses. The realm unified requirements for HCBS and facilities for two state agencies.

32. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2013 statutes will create a new realm of uniform disqualifying offenses.

33. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2013 statutes will create a new realm of uniform disqualifying offenses. The new realm will unify most HCBS, but not facilities, for four state agencies.

34. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses 2012 UNIFORMITY2013 UNIFORMITY ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care ODH: RCFs ODH: nursing facilities ODH: hospice ODH: residential facilities DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODH: RCFs ODH: nursing facilities ODH: hospice MH: residential facilities

35. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses 2012 UNIFORMITY2013 UNIFORMITY ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care ODH: RCFs ODH: nursing facilities ODH: hospice ODH: residential facilities DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODH: RCFs ODH: nursing facilities ODH: hospice MH: residential facilities ODA is the only state agency that experiences no change in this new realm of uniformity.

36. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses 2012 UNIFORMITY2013 UNIFORMITY ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care ODH: RCFs ODH: nursing facilities ODH: hospice ODH: residential facilities DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODH: RCFs ODH: nursing facilities ODH: hospice MH: residential facilities This round of reform makes DoDD and JFS uniform with ODA.

37. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses 2012 UNIFORMITY2013 UNIFORMITY ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care ODH: RCFs ODH: nursing facilities ODH: hospice ODH: residential facilities DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODH: RCFs ODH: nursing facilities ODH: hospice MH: residential facilities It would require another round of reform to make nursing facilities, RCFs, hospice, and residential facilities uniform.

38. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses 2012 UNIFORMITY2013 UNIFORMITY ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care ODH: RCFs ODH: nursing facilities ODH: hospice ODH: residential facilities DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODA: ombudsman ODA: RCFs in AL ODA: all other providers ODH: home health care DoDD: state employees DoDD: county boards DoDD: all providers JFS: all providers ODH: RCFs ODH: nursing facilities ODH: hospice MH: residential facilities RCF requirements are only uniform for an RCF that participates in the Assisted Living Program.

39. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses In 2012, the lists of disqualifying offenses appeared in many statutes.

40. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses In 2012, the lists of disqualifying offenses appeared in many statutes. The lists appeared to have divergence from the outset that increased over the years as the General Assembly amended one statute at a time.

41. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2013 statutes will create one list of disqualifying offenses that will appear in one statute that will regulate the Attorney General’s Bureau of Criminal Information and Investigation.

42. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses The 2013 statutes will create one list of disqualifying offenses that will appear in one statute that will regulate the Attorney General’s Bureau of Criminal Information and Investigation. This development means that future amendments to this list will affect all programs uniformly.

43. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses How will this uniform list help?

44. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses How will this uniform list help?  It closes loopholes that have allowed people with certain criminal records to work serve consumers in one program, but have prevented them from helping consumers in another.

45. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses How will this uniform list help?  It closes loopholes that have allowed people with certain criminal records to work serve consumers in one program, but have prevented them from helping consumers in another.  It reduces the adverse impact upon a business that serves consumers in more than one program.

46. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses How will this uniform list help?  It closes loopholes that have allowed people with certain criminal records to work serve consumers in one program, but have prevented them from helping consumers in another.  It reduces the adverse impact upon a business that serves consumers in more than one program. More...

47. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case studies indicate that HCBS providers often work with more than one state program that requires criminal records checks.

48. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case studies indicate that HCBS providers often work with more than one state program that requires criminal records checks, so the 2013 uniformity will make working with the State of Ohio simpler for most providers.

49. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Home Care by Black Stone Black Stone provides personal care and home health care to 4,220 consumers. Their employees are regulated by ODA and ODH. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 3,125 ODH§3701.881 Medicare-certified home health care 1,095 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 0 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 0

50. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Home Care by Black Stone ODA and ODH’s home health statutes have already been uniform, so the 2013 uniformity won’ making with ODA or ODH easier. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 3,125 ODH§3701.881 Medicare-certified home health care 1,095 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 0 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 0

51. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Home Care by Black Stone ODA and ODH’s home health statutes have already been uniform, so the 2013 uniformity won’ making with ODA or ODH easier, but... STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 3,125 ODH§3701.881 Medicare-certified home health care 1,095 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 0 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 0

52. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Home Care by Black Stone It could encourage Black Stone to help consumers in DoDD’s and JFS’ programs. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 3,125 ODH§3701.881 Medicare-certified home health care 1,095 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 0 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 0

53. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Senior Resource Connection SRC provides adult day services, congregate meals, home-delivered meals, personal care, personal emergency response systems, Alzheimer’s respite, and more to 3,212 consumers.

54. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Senior Resource Connection Although, SRC almost exclusively provides services to consumers in ODA’s programs, SRC’s employees are subject to the criminal records checks of four state agencies. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non-Medicaid) 3,171 ODH§3701.881Medicare-certified home health care3 JFS§5111.033 Any JFS-admin. Medicaid-waiver program (agency provider). 18 JFS§5111.034 Any JFS-admin. Medicaid-waiver program (independent provider). NA DoDD§5123.081DoDD, county boards, and providers.20

55. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Senior Resource Connection The 2013 uniformity will make it easier for SRC to work with the S tate of Ohio. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non-Medicaid) 3,171 ODH§3701.881Medicare-certified home health care3 JFS§5111.033 Any JFS-admin. Medicaid-waiver program (agency provider). 18 JFS§5111.034 Any JFS-admin. Medicaid-waiver program (independent provider). NA DoDD§5123.081DoDD, county boards, and providers.20

56. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Valued Relationships, Inc. VRI provides personal emergency response systems to 9,950 Ohio consumers enrolled in state-administered programs. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 9,150 ODH§3701.881 Medicare-certified home health care 0 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 2,000 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 600

57. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Valued Relationships, Inc. Although VRI’s consumers are mostly in ODA’s programs, their employees are subject to the criminal records checks of three state agencies. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 9,150 ODH§3701.881 Medicare-certified home health care 0 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 2,000 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 600

58. Criminal Records Checks What Reforms? Uniform List of Disqualifying Offenses Case Study: Valued Relationships, Inc. The 2013 uniformity will make it easier for VRI to work with the S tate of Ohio. STATE AGENCY H.B.487 AMENDED PROGRAMS/PROVIDERS CONSUMERS SERVED ODA§173.27OmbudsmanNA ODA§173.394 Any programs using ODA- administered funds (Medicaid and non- Medicaid) 9,150 ODH§3701.881 Medicare-certified home health care 0 JFS§5111.033 Any JFS-admin. Medicaid- waiver program (agency provider). 2,000 JFS§5111.034 Any JFS-admin. Medicaid- waiver program (independent provider). NA DoDD§5123.081 DoDD, county boards, and providers. 600

59. Criminal Records Checks What reforms? Expanded List of Disqualifying Offenses

60. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses The 2013 statutes won’t only make a uniform list of disqualifying offenses.

61. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses The 2013 statutes will also make an expanded list of disqualifying offenses.

62. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses In 2013, H.B.487 and S.B.337 will expand the list of disqualifying offenses for ODA’s programs from...

63. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses In 2013, H.B.487 and S.B.337 will expand the list of disqualifying offenses for ODA’s programs from... 55

64. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses In 2013, H.B.487 and S.B.337 will expand the list of disqualifying offenses for ODA’s programs from... 55 to 130

65. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses The expanded list of offenses for 2013 will include offenses regarding animal cruelty, terrorism, human trafficking, and drug offenses. These offenses were created after the passage of the original criminal records check laws in the 1990s.

66. Criminal Records Checks What Reforms? Expanded List of Disqualifying Offenses The expanded list of offenses for 2013 will include offenses regarding animal cruelty, terrorism, human trafficking, and drug offenses. These offenses were created after the passage of the original criminal records check laws in the 1990s. It will also include offenses, like arson, that were not previously disqualifying.

67. Criminal Records Checks What Reforms? Disqualifying Offenses

68. Animal cruelty Patient endangerment Human trafficking Prostitution offenses Arson and terrorism offenses Perjury, etc. Offenses against family Drug offenses Riot, etc.

69. Criminal Records Checks What reforms? Free Database Reviews

70. Criminal Records Checks What Reforms? Free Database Reviews The 2013 rules will require responsible entities to review 6 free databases.

71. Criminal Records Checks What Reforms? Free Database Reviews The 2013 rules will require responsible entities to review 6 free databases. If an applicant’s or employee’s name appears on one of the databases unfavorably, the responsible entity may not hire or continue to employ the person.

72. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM: System for Award Management

73. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG: Office of Inspector General’s list of excluded individuals

74. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG These databases contain names of people who have defrauded the federal government.

75. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry: Dept. of Developmental Disabilities Abuser Registry

76. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry 4. Sex offender search: Ohio Attorney General’s sex offender and child-victim offender database

77. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry 4. Sex offender search 5. Offender search: Dept. of Rehabilitation and Correction’s offender search

78. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry 4. Sex offender search 5. Offender search: Dept. of Rehabilitation and Correction’s offender search This database contains names of people who in community corrections.

79. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry 4. Sex offender search 5. Offender search 6. Nurse aide registry

80. Criminal Records Checks What Reforms? Free Database Reviews The free databases to review are: 1. SAM 2. OIG 3. Abuser registry 4. Sex offender search 5. Offender search 6. Nurse aide registry This database contains names of nurse aides in good and bad standing with the Dept. of Health

81. Criminal Records Checks What Reforms? Free Database Reviews In 2013, the rules will require the responsible entity to check these 6 free databases before conducting any criminal records check required by the rules.

82. Criminal Records Checks What Reforms? Free Database Reviews In 2013, the rules will require the responsible entity to check these 6 free databases before conducting any criminal records check required by the rules. If an applicant or employee is disqualified by the free database reviews, there is no reason for the responsible entity to pay for a criminal records check.

83. Criminal Records Checks What Reforms? Free Database Reviews Requiring responsible entities to check these databases is an entirely new requirement in the ODA’s rules.

84. Criminal Records Checks What Reforms? Free Database Reviews Requiring responsible entities to check these databases is an entirely new requirement in the ODA’s rules. In 2013, all four state agencies’ rules will have the same standards regarding these databases.

85. Criminal Records Checks What reforms? Who checks records?

86. Criminal Records Checks What Reforms? Who Checks Records? ODA borrowed an idea from DoDD that will simplify a complex matter in the rules.

87. Criminal Records Checks What Reforms? Who Checks Records? ODA borrowed an idea from DoDD that will simplify a complex matter in the rules. DoDD’s rules require DoDD, county boards of DD, and providers to check the criminal records of their employees.

88. Criminal Records Checks What Reforms? Who Checks Records? ODA borrowed an idea from DoDD that will simplify a complex matter in the rules. DoDD’s rules require DoDD, county boards of DD, and providers to check the criminal records of their employees. To simplify their rules, DoDD calls all three groups: “responsible entities.”

89. Criminal Records Checks What Reforms? Who Checks Records? With exceptions, ODA’s 2012 and 2013 rules require the state long-term care ombudsman; agency providers; non-agency or self-employed providers; assisted living facilities; PACE organizations; consumers who direct providers; and ODA’s designees to check criminal records.

90. Criminal Records Checks What Reforms? Who Checks Records? With exceptions, ODA’s 2012 and 2013 rules require the state long-term care ombudsman; agency providers; non-agency or self-employed providers; assisted living facilities; PACE organizations; consumers who direct providers; and ODA’s designees to check criminal records. That’s a lot of groups.

91. Criminal Records Checks What Reforms? Who Checks Records? ODA’s 2013 rules will refer to all these groups singularly as “responsible entities.”

92. Criminal Records Checks What reforms? Conditional Employment

93. Criminal Records Checks What Reforms? Conditional Employment The 2013 rules will prevent a responsible entity from conditionally employing an applicant...

94. Criminal Records Checks What Reforms? Conditional Employment The 2013 rules will prevent a responsible entity from conditionally employing an applicant...  Until after the responsible entity has checked the free databases.

95. Criminal Records Checks What Reforms? Conditional Employment The 2013 rules will prevent a responsible entity from conditionally employing an applicant...  Until after the responsible entity has checked the free databases.  Only if the databases don’t disqualify the applicant.

96. Criminal Records Checks What Reforms? Conditional Employment The 2012 statutes and rules differed for different state agencies. Some allowed responsible entities to conditionally hire for a period of only 30 days, while others could do so for up to 60 days.

97. Criminal Records Checks What Reforms? Conditional Employment The 2013 statutes and rules are the same for all four state agencies. All responsible entities may conditionally hire for a period of up to 60 days.

98. Criminal Records Checks What reforms? Check whose records?

99. Criminal Records Checks What Reforms? Check Whose Records? The 2013 statutes and rules for each state agency will be clear that there is no state requirement for responsible entities to check the criminal records of volunteers.

100. Criminal Records Checks What Reforms? Check Whose Records? The 2013 statutes and rules for each state agency will be clear that there is no state requirement for responsible entities to check the criminal records of volunteers. If a responsible entity does check the criminal records of volunteers, the statutes and rules will not apply.

101. Criminal Records Checks What Reforms? Check Whose Records? Instead, the 2013 statutes and rules for each state agency will require responsible entities to check the the criminal records of applicants and employees for paid positions.

102. Criminal Records Checks What Reforms? Check Whose Records? The 2013 statutes and rules differ on determining which paid positions require checks.

103. Criminal Records Checks What Reforms? Check Whose Records?

110. It will require another round of reforms to create uniform statutes and rules that describe whose records a responsible entity must check.

111. Criminal Records Checks What Reforms? Check Whose Records? Responsible entities whose employees serve consumers enrolled in more than one state agency’s programs should carefully review each state agency’s rules to see which applicants and employees require criminal records checks.

112. Criminal Records Checks What Reforms? Check Whose Records? The 2013 laws will require the responsible entity to check the criminal records of each applicant under final consideration for employment in a direct-care position.

113. Criminal Records Checks What Reforms? Check Whose Records? The 2013 statutes and rule will require the responsible entity to check the criminal records of each applicant under final consideration for employment in a direct- care position. Therefore, the 2013 statutes and rules will require checking no fewer people than the 2012 statutes and rules.

114. Criminal Records Checks What Reforms? Check Whose Records? What is new is that the 2013 rules will also require the responsible entity to check the criminal records of each current employee.

115. Criminal Records Checks What Reforms? Check Whose Records? What is new is that the 2013 rules will also require the responsible entity to check the criminal records of each current employee. The 2013 rules will require checking the criminal records of every current employee who provides ombudsman services or direct care every 5 years.

116. Criminal Records Checks What Reforms? Check Whose Records? What is new is that the 2013 rules will also require the responsible entity to check the criminal records of each current employee. The 2013 rules will phase in the 5-year checks so that responsible entities don’t need to check all employees on January 1, 2013.

117. Criminal Records Checks What Reforms? Check Whose Records? However...

118. Criminal Records Checks What Reforms? Check Whose Records? However, the 2013 rules won’t require every current employee to have these 5-year checks.

119. Criminal Records Checks What Reforms? Check Whose Records? However, the 2013 rules won’t require every current employee to have these 5-year checks. Responsible entities will only be required to check the criminal records of certain persons when they are applicants (vs., employees).

120. Criminal Records Checks What Reforms? Check Whose Records? The types of employees who will be exempt from requirements for ongoing criminal records checks will be:

121. Criminal Records Checks What Reforms? Check Whose Records? The types of employees who will be exempt from requirements for ongoing criminal records checks will be: 1. An employee who only delivers meals.

122. Criminal Records Checks What Reforms? Check Whose Records? The types of employees who will be exempt from requirements for ongoing criminal records checks will be: 1. An employee who only delivers meals. 2. An employee who only has access to records.

123. Criminal Records Checks What Reforms? Check Whose Records? The types of employees who will be exempt from requirements for ongoing criminal records checks will be: 1. An employee who only delivers meals. 2. An employee who only has access to records. For example, office staff, administrators, and employees in a central monitoring station for a personal emergency response system.

124. Criminal Records Checks What Reforms? Check Whose Records? The types of employees who will be exempt from requirements for ongoing criminal records checks will be: 1. An employee who only delivers meals. 2. An employee who only has access to records. 3. An employee who provides a service to a consumer in an ODA program once ever.

125. Criminal Records Checks What Reforms? Check Whose Records?

126. This table appears in the rules.

127. Criminal Records Checks What reforms? No grandfathering.

128. Criminal Records Checks What Reforms? No Grandfathering H.B.487 eliminated all previously enacted hiring standards effective January 1, 2013.

129. Criminal Records Checks What Reforms? No Grandfathering That means, beginning January 1, 2013, an applicant or current employee may only provide ombudsman services or direct care if the 2013 rules do not disqualify him or her.

130. Criminal Records Checks What reforms? New circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record.

131. Criminal Records Checks What Reforms? New Circumstances First, let’s review what are no longer circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record:

132. Criminal Records Checks What Reforms? New Circumstances First, let’s review what are no longer circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Previously-enacted legislation or previously-adopted rules.

133. Criminal Records Checks What Reforms? New Circumstances First, let’s review what are no longer circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Previously-enacted legislation or previously-adopted rules. 2. Personal character standards.

134. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record:

135. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods

136. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering

137. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering 3. Certificates

138. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering 3. Certificates 4. Pardons

139. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods? 2. Limited grandfathering 3. Certificates 4. Pardons

140. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period?

141. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? It is a period of time during which a person who has committed a specified offense is disqualified from providing ombudsman services or direct care.

142. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? After an exclusionary period is over for a person, a responsible entity is permitted to hire the person to provide ombudsman services or direct care.

143. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods:

144. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded

145. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded 2. 10 years of exclusion

146. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded 2. 10 years of exclusion 3. 7 years of exclusion

147. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded 2. 10 years of exclusion 3. 7 years of exclusion 4. 5 years of exclusion

148. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded 2. 10 years of exclusion 3. 7 years of exclusion 4. 5 years of exclusion 5. 0 years of exclusion

149. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The 2013 rules will establish five tiers of exclusionary periods: 1. Permanently excluded 2. 10 years of exclusion 3. 7 years of exclusion 4. 5 years of exclusion 5. 0 years of exclusion Minor drug possession now has zero years of exclusion.

150. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? The assignment of a disqualifying offense to each tier was influenced by the research of Blumstein and Nakamura. “Redemption in the Presence of Widespread Criminal Background Checks.” Criminology. Vol., 47. © May, 2009. Pp., 327-359. See also, http://www.nij.gov/journals/263/redemption.htm.http://www.nij.gov/journals/263/redemption.htm

151. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? Their research showed that, at a measurable length of time after an offense, the offender is only as likely to commit another offense as the general public.

152. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? Therefore, after the period of time, the person is of no greater danger to consumers than the general public.

153. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? Therefore, the state has no interest in excluding the person from employment helping a consumer.

154. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? This, more or less, creates a point of redemption for each crime.

155. Criminal Records Checks What Reforms? New Circumstances What is an exclusionary period? For example, because the research showed that the point of redemption for a robber was 7.7 years, the four state agencies placed a robbery conviction in the 7-year exclusionary tier.

156. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering? 3. Certificates 4. Pardons

157. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering?

158. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? First, let’s remind ourselves what is not limited grandfathering.

159. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? First, let’s remind ourselves what is not limited grandfathering. As previously mentioned, no previously- enacted statute or rule will apply in 2013.

160. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? Instead, limited grandfathering is a 3-month window in the 2013 rules that a responsible entity may use to retain an employee based upon a new written attestation of the employee’s work performance.

161. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? If the employee was convicted of, or pleaded guilty to, an offense(s) listed in the 5-year exclusionary period, the responsible entity may retain the employee, but only if:

162. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? 1. The responsible entity hired the employee before January 1, 2013.

163. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? 1. The responsible entity hired the employee before January 1, 2013. 2. The employee’s conviction or guilty plea occurred before January 1, 2013.

164. Criminal Records Checks What Reforms? New Circumstances What is limited grandfathering? 1. The responsible entity hired the employee before January 1, 2013. 2. The employee’s conviction or guilty plea occurred before January 1, 2013; and, 3. The responsible entity has considered the nature and seriousness of the offense(s), and attests in writing before April 1, 2013, to the character and fitness of the employee based upon the employee’s demonstrated work performance.

165. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering 3. Certificates? 4. Pardons

166. Criminal Records Checks What Reforms? New Circumstances What are certificates? Through H.B.86 and S.B.337, the Kasich Administration and legislators enacted a new opportunity for Ohioans with criminal records to obtain jobs.

167. Criminal Records Checks What Reforms? New Circumstances What are certificates? H.B.86 and S.B.337 authorize DRC or a county court to grant a limited order of relief against hiring prohibitions in the rules.

168. Criminal Records Checks What Reforms? New Circumstances Here are the 2013 circumstances under which a responsible entity may hire an applicant or retain an employee with a disqualifying offense on his or her criminal record: 1. Exclusionary periods 2. Limited grandfathering 3. Certificates 4. Pardons?

169. Criminal Records Checks What Reforms? New Circumstances What are pardons? Ohio law allows the governor to pardon a person from his or her criminal conviction.

170. Criminal Records Checks What Reforms? New Circumstances What are pardons? Ohio law allows the governor to pardon a person from his or her criminal conviction. Sometimes, the only reason a person asks the governor for this is to obtain a job.

171. Criminal Records Checks What Reforms? New Circumstances What are pardons? S.B.337 now requires the destruction of any criminal records for persons with pardons.

172. Criminal Records Checks What reforms? Records

173. Criminal Records Checks What Reforms? Records Statute says that criminal records are not public records. Therefore, a responsible entity need statutory authority to view them.

174. Criminal Records Checks What Reforms? Records Statute says that criminal records are not public records. Therefore, a responsible entity need statutory authority to view them. Government entities also need authority to view them—even the Attorney General’s Office.

175. Criminal Records Checks What Reforms? Records The 2012 rules did not allow ODH or the Attorney General’s office to monitor for compliance by reviewing the actual criminal records.

176. Criminal Records Checks What Reforms? Records The 2012 rules did not allow ODH or the Attorney General’s office to monitor for compliance by reviewing the actual criminal records. The 2013 rules will give all four state agencies, plus the Attorney General’s Office, the authority to review the records.

177. Criminal Records Checks What Reforms? Records Because the government entities have the authority to monitor the actual records, the four state agencies no longer require keeping applicant logs.

178. Criminal Records Checks What Reforms? Records Because the government entities have the authority to monitor the actual records, the four state agencies no longer require keeping applicant logs. Instead, the rules will require a lesser document called the “roster.”

179. Criminal Records Checks How does it work?

180. Criminal Records Checks How does it work? Review rules 173-9-01 to 173-9-10 of the Administrative Code on: http://aging.ohio.gov/information/rules/jcarrproposed.aspx