Ohio Admin. Code 5101:2-42-18 - PCSA and PCPA approval of placements with relative and nonrelative substitute caregivers
(F) The PCSA or PCPA shall not
approve the placement if the relative or nonrelative or other adult residing
within the home has a felony conviction for spousal abuse, rape, sexual
assault, or homicide, or a violation of an existing or former law of this
state, any other state, or the United States that is substantially equivalent
to any of these offenses. The provisions of paragraph (G) of this rule do not
apply to these offenses.
(1) Where the offense was a
misdemeanor, or would have been a misdemeanor if conviction had occurred under
the current criminal code, at least one year has elapsed from the date the
person was fully discharged from any imprisonment or probation arising from the
conviction. A person who has had his record of misdemeanor conviction sealed by
a court pursuant to section 2953.32 of the Revised Code shall be considered to
have met this condition.
(2) Where the offense was a felony,
at least five years have elapsed since the person was fully discharged from
imprisonment or probation.
(3) The person's approval as a
relative or nonrelative caregiver or the person's residency in the relative or
nonrelative caregiver's household will not jeopardize in any way the health,
safety or welfare of the children the agency serves. The following factors
shall be considered in determining the person's approval as a relative or
nonrelative caregiver or the person's residency in the relative or nonrelative
caregiver's household.
(a) The person's age at the time of
the offense.
(b) The nature and seriousness of
the offense.
(c) The victim of the offense was
any of the following:
(i) A person under the age of
eighteen.
(ii) A functionally impaired person
as defined in section 2903.10 of the Revised Code.
(iii) A person with an intellectual
disability as defined in section 5123.01 of the Revised Code.
(iv) A developmentally disabled
person as defined in section 5123.01 of the Revised Code.
(v) A person with a mental illness
as defined in section 5122.01 of the Revised Code.
(vi) A person sixty years of age or
older.
(d) The circumstances under which
the offense was committed.
(e) The degree of participation of
the person involved in the offense.
(f) The time elapsed since the
person was fully discharged from imprisonment or probation.
(g) The likelihood that the
circumstance leading to the offense will recur.
(h) Whether the person is a repeat
offender.
(i) The person's employment
record.
(j) The person's efforts at
rehabilitation and the results of those efforts.
(k) Whether any criminal proceedings
are pending against the person.
(l) Whether the person has been
convicted of or pleaded guilty to a felony contained in the Revised Code that
is not listed in paragraph (H) of this rule, if the felony bears a direct and
substantial relationship to being a relative or nonrelative caregiver or adult
member of the caregiver's household.
(m) Any other factors the agency
considers relevant.
(H) Except as provided in paragraph
(G) of this rule, a relative or nonrelative caregiver or other adult residing
in the home shall not have been convicted of or pleaded guilty to, any of the
following offenses:
(1) A violation of section 959.13 ,
2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2903.12 , 2903.13 , 2903.15 ,
2903.16 , 2903.21 , 2903.211 , 2903.22 , 2903.34 , 2905.01 , 2905.02 , 2905.05
, 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.06 , 2907.07 , 2907.08 , 2907.09
, 2907.21 , 2907.22 , 2907.23 , 2907.25 , 2907.31 , 2907.32 , 2907.321
(2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02 , 2909.03 ,
2909.22 , 2909.23 , 2909.24 , 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2919.12 ,
2913.49 , 2917.01 , 2917.02 , 2919.22 , 2919.24 , 2919.25 , 2923.12 , 2923.13 ,
2923.161 (2923.16.1), 2925.02 , 2925.03 , 2925.04 , 2925.05 , 2925.06 , 2927.12
, or 3716.11 of the Revised Code;
(2) A violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996;
(3) A violation of section 2919.23
of the Revised Code that would have been a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, had the violation been
committed prior to that date;
(4) A violation of section 2925.11
of the Revised Code that is not a minor drug possession offense as defined in
section 2925.01 of the Revised Code;
(5) Two or more violations of
section 4511.19 of the Revised Code or the equivalent violation from any other
state committed within the three years immediately preceding the start date of
the home assessment;
(6) Felonious sexual penetration in
violation of former section 2907.12 of the Revised Code as listed in appendix A
to this rule; or
(7) A violation of an existing or
former law of this state, any other state, or the United States that is
substantially equivalent to any of the offenses listed in paragraphs (H)(1) to
(H)(6) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 2151.86, 5103.03, 5153.16
Prior Effective Dates: 09/28/1987 (Emer.), 12/27/1987, 01/01/1989, 11/03/2003, 12/19/2008, 06/15/2009, 06/01/2011, 05/04/2014, 07/01/2017
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(F) The PCSA or PCPA shall not approve the placement if the relative or nonrelative or other
(1) Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least one year has elapsed from the date the person was fully discharged from any imprisonment or probation arising from the conviction. A person who has had his record of misdemeanor conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.
(2) Where the offense was a felony, at least five years have elapsed since the person was fully discharged from imprisonment or probation.
(3) The person's approval as a relative or nonrelative caregiver or the person's residency in the relative or nonrelative caregiver's household will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining the person's approval as a relative or nonrelative caregiver or the person's residency in the relative or nonrelative caregiver's household.
(a) The person's age at the time of the offense.
(b) The nature and seriousness of the offense.
(c) The victim of the offense was any of the following:
(i) A person under the age of eighteen.
(ii) A functionally impaired person as defined in section 2903.10 of the Revised Code.
(iii) A person with an intellectual disability as defined in section 5123.01 of the Revised Code.
(iv) A developmentally disabled person as defined in section 5123.01 of the Revised Code.
(v) A person with a mental illness as defined in section 5122.01 of the Revised Code.
(vi) A person sixty years of age or older.
(d) The circumstances under which the offense was committed.
(e) The degree of participation of the person involved in the offense.
(f) The time elapsed since the person was fully discharged from imprisonment or probation.
(g) The likelihood that the circumstance leading to the offense will recur.
(h) Whether the person is a repeat offender.
(i) The person's employment record.
(j) The person's efforts at rehabilitation and the results of those efforts.
(k) Whether any criminal proceedings are pending against the person.
(l) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (H) of this rule, if the felony bears a direct and substantial relationship to being a relative or nonrelative caregiver or
(m) Any other factors the agency considers relevant.
(H) Except as provided in paragraph (G) of this rule, a relative or nonrelative caregiver or other
(1) A violation of section 959.13 , 2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2903.12 , 2903.13 , 2903.15 , 2903.16 , 2903.21 , 2903.211 , 2903.22 , 2903.34 , 2905.01 , 2905.02 , 2905.05 , 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.06 , 2907.07 , 2907.08 , 2907.09 , 2907.21 , 2907.22 , 2907.23 , 2907.25 , 2907.31 , 2907.32 , 2907.321 (2907.32.1), 2907.322 (2907.32.2), 2907.323 (2907.32.3), 2909.02 , 2909.03 , 2909.22 , 2909.23 , 2909.24 , 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2919.12 , 2913.49 , 2917.01 , 2917.02 , 2919.22 , 2919.24 , 2919.25 , 2923.12 , 2923.13 , 2923.161 (2923.16.1), 2925.02 , 2925.03 , 2925.04 , 2925.05 , 2925.06 , 2927.12 , or 3716.11 of the Revised Code;
(2) A violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996;
(3) A violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date;
(4) A violation of section 2925.11 of the Revised Code that is not a minor drug possession offense as defined in section 2925.01 of the Revised Code;
(5) Two or more violations of section 4511.19 of the Revised Code or the equivalent violation from any other state committed within the three years immediately preceding the start date of the home assessment;
(6) Felonious sexual penetration in violation of former section 2907.12 of the Revised Code as listed in appendix A to this rule; or
(7) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in paragraphs (H)(1) to (H)(6) of this rule.
Notes
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.166
Rule Amplifies: 2151.86, 5103.03, 5153.16
Prior Effective Dates: 09/28/1987 (Emer.), 12/27/1987, 01/01/1989, 11/03/2003, 12/19/2008, 06/15/2009, 06/01/2011, 05/04/2014, 07/01/2017