ohio dodd disqualifying offenses

(12) The respondent shall not be compelled to testify and shall be so advised by the court. All costs, fees, and expenses described in this section, after payment by the county from appropriations pursuant to section 2101.11 of the Revised Code, shall be certified by the county auditor to the department of developmental disabilities within two months of the date the costs, fees, and expenses are incurred by the county. The petitioner shall give notice in a newspaper of general circulation in the county of the pendency and prayer of the petition for at least six consecutive weeks before the day set for hearing the petition and serve a written notice upon the superintendent of the institution at least thirty days before the day set for hearing the petition. (b) An attorney or physician is not required to make a report pursuant to division (C)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client or patient is deemed to have waived any testimonial privilege under division (A) or (B) of section 2317.02 of the Revised Code with respect to that communication and the attorney or physician shall make a report pursuant to division (C)(1) of this section, if both of the following apply: (i) The client or patient, at the time of the communication, is an individual with a developmental disability. If you have questions about this list, please contact the Department at 614-466-3636. Each public and private provider of services shall carry out the requirements of this section in addition to any other posting or notification requirements imposed by local, state, or federal law or rules. No member of the council representing the department of health or the department of developmental disabilities shall serve as chairperson. The director of developmental disabilities may adopt rules in accordance with Chapter 119. of the Revised Code to implement the payment of costs, fees, and expenses under this section. Forms & Rules. (8) In proceedings initiated to deny, refuse to renew, or revoke licenses, the director may deny, refuse to renew, or revoke a license regardless of whether some or all of the deficiencies that prompted the proceedings have been corrected at the time of the hearing. (C) If the director initiates a proceeding to revoke a provider's certification, the director shall include the report required by division (B) of this section with the notice of the proposed revocation the director sends to the provider. (2) "Residential facility" has the same meaning as in section 5123.19 of the Revised Code. (D)(1) Unless the director of developmental disabilities determines that there are extenuating circumstances and except as provided in division (E) of this section, if the director, after considering all of the factors listed in division (C)(3) of this section, finds that there is clear and convincing evidence that a developmental disabilities employee has done one or more of the things described in division (C)(3)(a) of this section the director shall include the name of the employee in the registry established under section 5123.52 of the Revised Code. (B) A resident may be required to perform habilitative tasks that do not involve the operation, support, or maintenance of the institution if those tasks are an integrated part of the resident's habilitation plan and supervised by a member of the institution's professional staff who is designated by the chief program director. The managing officer shall be appointed by the director of developmental disabilities and shall be in the unclassified service and serve at the pleasure of the director. The treasurer of state shall have charge of all funds under the jurisdiction of the department of developmental disabilities and shall pay out the same only in accordance with Chapter 5123. of the Revised Code. Any document that the director holds in the director's files that contains both a child's name or other personally identifiable information and the child's data verification code is not a public record under section 149.43 of the Revised Code. (J) "Over-the-counter medication" means a drug that may be sold and purchased without a prescription. (c) After commencing, the hearing shall continue uninterrupted, except for Saturdays, Sundays, and legal holidays, unless other interruptions are agreed to by the licensee and the director. Share sensitive information only on official, secure websites. (E) All such residents shall be provided with prompt and adequate medical treatment for any physical or mental disease or injury. (1) "In-home care" means the supportive services provided within the home of an individual with a developmental disability who receives funding for the services through a county board of developmental disabilities, including any recipient of residential services funded as home and community-based services, family support services provided under section 5126.11 of the Revised Code, or supported living provided in accordance with sections 5126.41 to 5126.47 of the Revised Code. (E) In the case of an allegation concerning an employee of the department, after the hearing conducted pursuant to division (B)(2) of this section, the director of health or that director's designee shall review the decision of the hearing officer to determine whether the standard described in division (C)(3) of this section has been met. (5) Records of a community residential facility, a contract agency of a board of alcohol, drug addiction, and mental health services, or a contract agency of a county board of developmental disabilities with one of the following consents: (a) The consent of the person, including when the person is a minor or has been adjudicated incompetent; (b) The consent of the person's guardian of the person, if any, or the parent if the person is a minor; (c) No consent, if the person is unable to consent for any reason, and the guardian of the person, if any, or the parent of the minor, has refused to consent or has not responded to a request for consent and either of the following has occurred: (i) A complaint regarding the person has been received by the Ohio protection and advocacy system; (ii) The Ohio protection and advocacy system has determined that there is probable cause to believe that such person has been subjected to abuse or neglect. The director of developmental disabilities shall credit all amounts paid to the director under section 5123.371 of the Revised Code to the fund. (S) The director may enter at any time, for purposes of investigation, any home, facility, or other structure that has been reported to the director or that the director has reasonable cause to believe is being operated as a residential facility without a license issued under this section. (3) If the respondent is not represented by counsel and the court determines that the conditions specified in division (A)(2) of this section justify the respondent's absence and the right to counsel has not been validly waived, the court shall appoint counsel forthwith to represent the respondent at the hearing, reserving the right to tax costs of appointed counsel to the respondent unless it is shown that the respondent is indigent. This chapter shall be liberally interpreted to accomplish the following purposes: (A) To promote the human dignity and to protect the constitutional rights of persons with developmental disabilities in the state; (B) To encourage the development of the ability and potential of each person with a developmental disability in the state to the fullest possible extent, no matter how severe the degree of disability; (C) To promote the economic security, standard of living, and meaningful employment of persons with developmental disabilities; (D) To maximize the assimilation of persons with developmental disabilities into the ordinary life of the communities in which they live; (E) To promote opportunities for persons with developmental disabilities to live in surroundings or circumstances that are typical for other community members; (F) To promote the right of persons with developmental disabilities to speak and be heard about the desired direction of their lives and to use available resources in ways that further that direction. Every individual with a developmental disability is presumed capable of community employment. (1)(a) "Applicant" means any of the following: (i) A person who is under final consideration for appointment to or employment with the department of developmental disabilities or a county board of developmental disabilities; (ii) A person who is being transferred to the department or a county board; (iii) An employee who is being recalled to or reemployed by the department or a county board after a layoff; (iv) A person under final consideration for a direct services position with a provider or subcontractor. Ohio Revised Code 9.78 and 9.79 identify criminal offenses that may disqualify an applicant from Ohio licensure. The personal items may be provided to the resident, regardless of the source of the funds that were used to purchase the items. Payment shall be provided for by the director of budget and management upon presentation of properly verified vouchers. If the director of developmental disabilities approves an application submitted under section 5123.37 of the Revised Code, the county board of developmental disabilities or private, nonprofit agency that submitted the application shall, after selling the facility for which the county board or agency received approval to sell, pay to the director the portion of the proceeds that equals the amount that the director determines the county board or agency owes the department of developmental disabilities, including the department's security interest in the facility, for the state funds used to acquire the facility. The county board of developmental disabilities for the county where the individual or individuals reside shall arrange for an alternative method of providing services to the individual or individuals until the order is lifted under division (E) of this section. (3) If transfer of residents is necessary, provide for the orderly transfer of residents by doing the following: (a) Cooperating with all appropriate state and local agencies in carrying out the transfer of residents to alternative community placements; (b) Providing for the transportation of residents' belongings and records; (c) Helping to locate alternative placements and develop discharge plans; (d) Preparing residents for the trauma of discharge; (e) Permitting residents or guardians to participate in transfer or discharge planning except when an emergency exists and immediate transfer is necessary. (2) In conducting surveys, the director shall be given access to the residential facility; all records, accounts, and any other documents related to the operation of the facility; the licensee; the residents of the facility; and all persons acting on behalf of, under the control of, or in connection with the licensee. A county board shall not pass on to a provider of home and community-based services the cost of a fee charged to the county board under this section. There may be created in the department of developmental disabilities a bureau of research. If the position the person previously held in the classified service has been placed in the unclassified service or is otherwise unavailable, the person shall be appointed to a position in the classified service within the department that the director of administrative services certifies is comparable in compensation to the position the person previously held in the classified service. Relationships between personnel and the agents of the Ohio protection and advocacy system and its clients shall be fiduciary relationships, and all communications shall be privileged as if between attorney and client. Section 2961.02 - Ohio Revised Code | Ohio Laws As used in this section and sections 5123.42 to 5123.47 of the Revised Code: (A) "Adult services" has the same meaning as in section 5126.01 of the Revised Code. The director of developmental disabilities may enter into an agreement with a county board of developmental disabilities under which the department of developmental disabilities is to pay the nonfederal share of medicaid expenditures for one or more of the home and community-based services that the county board would, if not for the agreement, be required by section 5126.0510 of the Revised Code to pay. (8) Improper performance of the health care task will result in only minimal complications that are not life-threatening. (2) A minor male who marries, establishes a home, and who has resided in this state for one year without receiving general assistance prior to July 17, 1995, under former Chapter 5113. of the Revised Code or assistance from a private agency that maintains records of assistance given shall be considered to have obtained a legal settlement in this state. (3) "Renovation" means work done to a building to restore it to an acceptable condition and to make it functional for use by individuals with developmental disabilities. Each deputy director of a division, under the director, shall have entire executive charge of the division to which the deputy director is appointed. Good cause includes meeting rehabilitation standards established in rules adopted under section 5123.54 of the Revised Code. The department shall determine, with the registry office which shall be maintained by the department, whether prior reports have been made concerning an adult with a developmental disability or other principals in the case. The department shall make the reduction and increase effective the day the department determines the individual has residence in the new county. Prior to commencing a civil action regarding the complaint, a person or county board shall attempt to have the complaint resolved through the administrative resolution process established in the rules adopted under this section. (2) In the case of a nursing facility resident who has continuously resided in a nursing facility for less than thirty months before the date of the review and determination under division (C) of this section, if the resident is determined not to require the level of services provided by a nursing facility, but is determined to require specialized services for mental retardation, or if the resident is determined to require neither the level of services provided by a nursing facility nor specialized services for mental retardation, the department shall act in accordance with its alternative disposition plan approved by the United States department of health and human services under section 1919(e)(7)(E) of the "Social Security Act.". This division does not apply to renewal of a license or to an applicant for an initial or modified license who meets the requirements of section 5123.197 of the Revised Code. (B) The respondent shall be informed that the respondent may retain counsel and have independent expert evaluation and, if the respondent is an indigent person, be represented by court appointed counsel and have independent expert evaluation at court expense. Ohio Administrative Code / 3701 / Chapter 3701-13 | Hiring of Direct-Care Provider Employees Effective: November 25, 2007 Promulgated Under: 119.03 PDF: Download Authenticated PDF The director's determination is final. The department of developmental disabilities may enter into a contract with a person or government agency to provide residential services to individuals with developmental disabilities in need of residential services. Disqualifying events that occur while an offering is underway. (3) When a county board of developmental disabilities receives a report under this section that includes an allegation of action or inaction that may constitute a crime under federal law or the law of this state, the superintendent of the board or an individual the superintendent designates under division (H) of this section shall notify the law enforcement agency. (B) The director may establish priorities for using funds for the purposes specified in division (A) of this section. An employee forfeits the right to resume a position in the classified service when the employee is removed from the position in the unclassified service due to incompetence, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, violation of this chapter or Chapter 124. of the Revised Code, the rules of the director of developmental disabilities or the director of administrative services, any other failure of good behavior, any other acts of misfeasance, malfeasance, or nonfeasance in office, or conviction of a felony while employed in the civil service. Treason or conspiracy to commit treason. The application may be made on behalf of a minor by a parent or guardian, and on behalf of an adult adjudicated mentally incompetent by a guardian. In proceedings under this chapter, the attorney general shall present the comprehensive evaluation, assessment, diagnosis, prognosis, record of habilitation and care, if any, and less restrictive habilitation plans, if any. Rule 5123:2-2-02, "Background Investigations for Employment," outlines disqualifying offenses that will preclude an applicant from being employed by the . The department, in its discretion, may grant or deny a petition for extended admission, but may not extend a minor's duration of admission in a specialized treatment unit beyond one year. Both the telephone notice and the written notice to the certificate holder shall inform the certificate holder of the right to request a reconsideration of the order under division (D) of this section. (D) "Neglect" means, when there is a duty to do so, failing to provide an individual with any treatment, care, goods, or services that are necessary to maintain the health and safety of the individual. (K) Any person or any hospital, institution, school, health department, or agency participating in the making of reports pursuant to this section, any person participating as a witness in an administrative or judicial proceeding resulting from the reports, or any person or governmental entity that discharges responsibilities under sections 5126.31 to 5126.33 of the Revised Code shall be immune from any civil or criminal liability that might otherwise be incurred or imposed as a result of such actions except liability for perjury, unless the person or governmental entity has acted in bad faith or with malicious purpose. (C) A copy of the affidavit and of any temporary order shall be served with a notice under this section. The trial visit shall be for the period of time the managing officer determines. (A) A person or government agency operating, on September 10, 2012, an ICF/IID pursuant to a nursing home license issued under Chapter 3721. of the Revised Code shall do both of the following as a condition of continuing to operate the ICF/IID on and after July 1, 2013: (1) Not later than February 1, 2013, apply to the director of developmental disabilities for a residential facility license under section 5123.19 of the Revised Code for the ICF/IID; (2) Not later than July 1, 2013, obtain the residential facility license for the ICF/IID. As used in sections 5123.50 to 5123.542 of the Revised Code: (1) The use of physical force that can reasonably be expected to result in physical harm or serious physical harm; (B) "Misappropriation" means depriving, defrauding, or otherwise obtaining the real or personal property of an individual by any means prohibited by the Revised Code, including violations of Chapter 2911. or 2913. of the Revised Code. A person appointed pursuant to this section to a position in the unclassified service shall retain the right to resume the position and status held by the person in the classified service immediately prior to the person's appointment to the position in the unclassified service, regardless of the number of positions the person held in the unclassified service. (C) The managing officer shall discharge any voluntary resident if, in the judgment of the chief program director, the results of a comprehensive examination indicate that institutionalization no longer is advisable. The managing officer of the institution shall provide sufficient and proper clothing for traveling if neither the resident nor the persons requesting the resident's trial visit or discharge are financially able to provide that clothing. please contact ADA Coordinator Tamara Hairston at 614-466-2508 or by email at EEO-DiversityAffairs@dodd.ohio.gov. (4) The director may order the placement of a monitor at a residential facility for any violation specified in rules adopted under division (G)(2) of this section. The superintendent or individual shall notify the department of developmental disabilities when it receives any report under this section. The director shall issue a decision on the reconsideration within twenty-four hours following the conclusion of the meeting, telephone conversation, or review of a written submission. Any agreement shall provide that residency training for a physician shall not exceed four calendar years. The rules may include any other standards the department considers necessary for the training courses. For purposes of this division, an applicant may provide proof of residency in this state by presenting, with a notarized statement asserting that the applicant has been a resident of this state for that five-year period, a valid driver's license, notification of registration as an elector, a copy of an officially filed federal or state tax form identifying the applicant's permanent residence, or any other document the director considers acceptable. An agency providing protective services under contract with the department shall file these reports with the department of developmental disabilities. (B) The task force shall do all of the following: (1) Expand innovative technology solutions within the operation and delivery of services to individuals with developmental disabilities; (2) Use technology to reduce the barriers individuals with developmental disabilities experience; (3) Align policies for all state agencies on the task force. An individual who is included in the registry may petition the director of developmental disabilities for removal from the registry. (C) " Developmental disabilities employee" means all of the following: (1) An employee of the department of developmental disabilities; (2) An employee of a county board of developmental disabilities; (3) An employee in a position that includes providing specialized services to an individual with a developmental disability; (4) An independent provider as defined in section 5123.16 of the Revised Code. If an employee holds an occupational or professional license or other credentials, the responsible entity may request that the state or federal agency that regulates the employee's occupation or profession supply the responsible entity with a written report of any information pertaining to the employee's criminal record that the agency obtains in the course of conducting an investigation or in the process of renewing the employee's license or other credentials. If rules adopted under this section require an employee to undergo a criminal records check, a responsible entity shall request the superintendent to conduct a criminal records check of the employee at times specified in the rules as a condition of the responsible entity's continuing to employ the employee in a position for which a criminal records check is required by this section. The department shall make the information in the registry available to the public in computerized form or any other manner that provides continuous access to the information in the registry. (2) "Priority" means a situation creating a risk of substantial harm to an individual or others, but for which action within thirty days is not necessary. The department shall review a report it receives from a public children services agency only after the agency completes its investigation pursuant to section 2151.421 of the Revised Code. (A) In addition to other authority granted the director of developmental disabilities for use of funds appropriated to the department of developmental disabilities, the director may use such funds for the following purposes: (1) All of the following to assist persons with developmental disabilities remain in the community and avoid institutionalization: (a) Behavioral and short-term interventions; (3) Staff training to help the following personnel serve persons with developmental disabilities in the community: (a) Employees of, and personnel under contract with, county boards of developmental disabilities; (b) Employees of providers of supported living; (c) Employees of providers of residential services; (d) Other personnel the director identifies. 732. If the board determines that a family member has acted in a manner that is inappropriate for the health and safety of the individual receiving the care, the authorization granted by the family member to an unlicensed in-home care worker is void, and the family member may not authorize other unlicensed in-home care workers to provide the care. The attorney general shall attend to all suits instituted on behalf of or against any public institution under the jurisdiction of the department of developmental disabilities and the managing officer thereof. (7) "Provider" means a person that provides specialized services to individuals with developmental disabilities and employs one or more persons in direct services positions. The director may accept a nominee of the managing officer or reject the nominee or nominees. Disqualifying Criminal Convictions (g) Not later than fifteen days after the hearing examiner files the report and recommendations, the director shall issue an order approving, modifying, or disapproving the report and recommendations. An employee also forfeits the right to resume a position in the classified service upon transfer to a different agency. Compliance (3) Arrangements for relocating residents need to be made. If rules adopted under this section require a responsible entity to obtain an employee's driving record, the responsible entity shall obtain the employee's driving record from the bureau at times specified in the rules as a condition of continuing to employ the employee.

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