We do have DODD working on answers to the questions that have been posed. Please note that these changes are going forward only. Current staff will not lose their jobs.

 

From: Kurt A. Miller <KMiller@empowering-people.net>
Sent: Wednesday, June 12, 2019 2:20 PM
To: Dougherty, Jan A <jdougherty@summitdd.org>; Lisa Mathis <LMathis@opra.org>
Cc: Janice Hall <jhall@opra.org>; Neil Everett <Neil.Everett@hattielarlham.org>; Brenda Smith <bsmith@rviinc.org>; opra_members@opra.simplelists.com; Anita Allen <AAllen@opra.org>
Subject: RE: [!!Mass Mail]Re: Member Question

 

This is not opening a window, it is closing one that is already open. We currently allow people to be employed that have done either diversion or treatment in lieu of conviction and now that will be closed. Do we have any idea how many existing employees will become ineligible across the state? I would assume I have several(I know of one right now) and many other providers will also encounter losing existing staff while we are already facing a staffing crisis. Has there been any discussion of grandfathering in existing employees?

 

And as for hiring criminals, I speak for only myself but I cannot imagine a provider wants to hire people who intentionally look to harm, steal, or abuse people. However, some of the charges we have could happen to anyone, like passing a bad check, and if they can take a diversion program to avoid a charge why should we exclude them from employment? The example I gave she has only one charge in her life, a bad decision, she has learned her lesson and will most likely never make the mistake again after completing diversion. But sadly she will be unemployed beginning July 1 and we will lose an employee that the residents LOVE!

 

The article sadly is not the first, and will not be the last case of abuse of people with disabilities. The people that do these atrocities are horrible people with no moral compass. Unfortunately, people like that exist and occasionally get employed in our field. We as providers have a responsibility and duty to put policies and procedures in place to ensure sufficient monitoring and supervision to protect the people we serve.  

 

 

 

Kurt A. Miller, CEO

Empowering People Inc.

2460 Elm Rd. Suite 600

Warren, OH   44483

Phone/Fax: 330-974-1266

Cell: 330-307-6816

 

 

Empowering and Supporting People with Disabilities

 

The information contained in this electronic message is information intended for the use of only the individual or entity named above and may be PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this electronic message in error, please notify me immediately by replying to this e-mail and delete the original message.

 

From: Dougherty, Jan A [jdougherty@summitdd.org]
Sent: Wednesday, June 12, 2019 12:59 PM
To: Lisa Mathis
Cc: Kurt A. Miller; Janice Hall; Neil Everett; Brenda Smith; opra_members@opra.simplelists.com; Anita Allen
Subject: Re: [!!Mass Mail]Re: Member Question

Why is it too much to ask that we ask staff not to be criminals?

Opening this  window is not going to solve the problem. 


On Jun 12, 2019, at 11:57 AM, Lisa Mathis <LMathis@opra.org> wrote:

Hi All,

As we work through this issue, I found this to be a sobering and somewhat related article:

https://www.nytimes.com/2019/06/09/nyregion/new-york-group-home-abuse.html

 

Thanks

Lisa

 

Lisa Mathis, Ph.D.

Director of Employment and Health Services

 

Ohio Provider Resource Association

1152 Goodale Boulevard 

Columbus, Ohio  43212

Office: 614-224-6772

Cell: 479-799-2711

 

The art of life is a constant readjustment to our surroundings. --Kakuzo Okakaura

 

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> On Behalf Of Kurt A. Miller
Sent: Tuesday, June 11, 2019 12:55 PM
To: Janice Hall <jhall@opra.org>; Neil Everett <Neil.Everett@hattielarlham.org>; Brenda Smith <bsmith@rviinc.org>; opra_members@opra.simplelists.com; Anita Allen <AAllen@opra.org>
Subject: RE: [!!Mass Mail]Re: Member Question

 

Here is an example, I have a current employee charged with petty theft(2913.02) that is a disqualifying offense. Due to the situation, the court has allowed a diversion program that she must attend for 10 weeks and then the charges will be dropped. She pled "not guilty" and as long as she is compliant her record will be clear of any disqualifying offense. Under the new proposed rule is she ineligible beginning July 1?

 

We used the correct code as defined by the department.

 

I just feel defeated at times because we as providers and the department have identified the most pressing issue facing our field and the people we serve, lack of direct support professionals. This rule puts yet another barrier to hiring people that may have made a stupid decision. I know we have to protect the people we serve as they could easily be taken advantage of but we also need balance between health and welfare and having people to provide the services they require.

 

 

 

Kurt A. Miller, CEO

Empowering People Inc.

2460 Elm Rd. Suite 600

Warren, OH   44483

Phone/Fax: 330-974-1266

Cell: 330-307-6816

 

 

Empowering and Supporting People with Disabilities

 

The information contained in this electronic message is information intended for the use of only the individual or entity named above and may be PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this electronic message in error, please notify me immediately by replying to this e-mail and delete the original message.

 

From: Janice Hall [jhall@opra.org]
Sent: Tuesday, June 11, 2019 11:17 AM
To: Neil Everett; Brenda Smith; Kurt A. Miller; opra_members@opra.simplelists.com; Anita Allen
Subject: Re: [!!Mass Mail]Re: Member Question

The "Reason Code" that you use when requesting a background check identifies the list of offenses to be included in the background check.  DODD's Reason Code will reveal whether the person has been convicted of, has pleaded guilty to, or  has been found eligible for intervention in lieu of conviction;  it even opens sealed records.  That's why it is very important to use the correct codes.

 

The correct BCII Reason Code for Agencies is 5123.081 

The correct FBI Reason Code for Agencies is 5126.28

 

Janice Hall

Special Project Manager

OPRA

740-432-2921

740-260-7278 (Mobile)

 

From: Neil Everett <Neil.Everett@hattielarlham.org>
Sent: Tuesday, June 11, 2019 11:00:36 AM
To: Brenda Smith; Kurt A. Miller; Janice Hall; opra_members@opra.simplelists.com; Anita Allen
Subject: RE: [!!Mass Mail]Re: Member Question

 

Diversion Programs are not specifically mentioned in the rule and it does not specifically state that a Diversion Program is the same as “Treatment in lieu of conviction.” For instance, a Diversion Program can be payment of restitution and essentially three (3) years of probation to have the pended charge waived; which is not treatment as defined in the rule. So, I see no guidance in the rule with regards to a Diversion Program that is not treatment. With the proliferation of these programs, I would have expected that an employee or candidate in a Treatment or Diversion program would have the pended charge waived for Tier Four offenses without recurrence.

 

Neil

 

Neil Everett

Vice President of Human Resources

Hattie Larlham

9772 Diagonal Road

Mantua, Ohio 44255

(O):  330-732-8287

(E):   Neil.Everett@hattielarlham.org

<image001.jpg>

 

From: opra_members@opra.simplelists.com [mailto:opra_members@opra.simplelists.com] On Behalf Of Brenda Smith
Sent: Tuesday, June 11, 2019 9:56 AM
To: Kurt A. Miller; Janice Hall; opra_members@opra.simplelists.com; Anita Allen
Subject: RE: [!!Mass Mail]Re: Member Question

 

“External Email” – Please do not click links or open attachments unless you recognize the sender and know the content is safe.

Is “pretrial diversion” the same as “treatment in lieu of conviction”?

 

Regards,

 

Brenda Smith

Executive Director

RVI, Inc.

Office 419-898-5250 x3054

Mobile 419-276-0014

 

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> On Behalf Of Kurt A. Miller
Sent: Tuesday, June 11, 2019 9:46 AM
To: Janice Hall <jhall@opra.org>; opra_members@opra.simplelists.com; Anita Allen <AAllen@opra.org>
Subject: RE: [!!Mass Mail]Re: Member Question

 

I am unsure how to proceed with this guidance. DODD states that the employee cannot work in the field but after they complete the diversion program the will NOT have a disqualifying offense on their record. Can they reapply? How do we deny employment when they will not have the disqualifying offense on their record?

 

This seems similar to someone that is charged with domestic violence and then pleads down to disorderly conduct. The first charge is a disqualifying offense while the pled down offense is not.

 

I see this as yet another barrier to hiring in an already difficult market.

 

 

 

Kurt A. Miller, CEO

Empowering People Inc.

2460 Elm Rd. Suite 600

Warren, OH   44483

Phone/Fax: 330-974-1266

Cell: 330-307-6816

 

 

Empowering and Supporting People with Disabilities

 

The information contained in this electronic message is information intended for the use of only the individual or entity named above and may be PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering it to the recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you received this electronic message in error, please notify me immediately by replying to this e-mail and delete the original message.

 

From: opra_members@opra.simplelists.com [opra_members@opra.simplelists.com] on behalf of Janice Hall [jhall@opra.org]
Sent: Monday, June 10, 2019 3:23 PM
To: opra_members@opra.simplelists.com; Anita Allen
Subject: [!!Mass Mail]Re: Member Question

Hello members,

 

In answer to the question posed below, here is what DODD says:

 

https://files.constantcontact.com/141902ea301/4e1dac91-f293-4513-9bea-42af8756a749.pdf

 

This guidance came out with today's Memo Monday under "Rule Changes:  Background Investigations"

 

I hope this answers your question.  

 

Janice Hall

Special Projects Manager

OPRA

740-432-2921

740-260-7278 (Mobile)

From: opra_members@opra.simplelists.com <opra_members@opra.simplelists.com> on behalf of Anita Allen <AAllen@opra.org>
Sent: Wednesday, June 5, 2019 1:25:33 PM
To: opra_members@opra.simplelists.com
Subject: Member Question

 

Member question below

 

Hi Anita,

 

A question for the group. We have a new hire that was charged and plead guilty to shoplifting offense under 2913.02. However the employee “was not convicted of the charge against her. When she successfully completes the Pretrial Diversion Program the pending charge will be dismissed.” Does this meet the standard for a “disqualifying offense” under the code and she is subject to discharge, or can she proceed with employment based on the manner in which the court has elected to address the charge? Thanks.

 

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