If OMH advises a provider that it must deny a prospective employees or volunteers application, can the provider hire the person anyway if it feels the person is the best (or only) candidate for the job?
No. If BCHI directs a provider that, because of the persons criminal justice background, his/her employment application must be terminated, the provider cannot hire the person for that position. The BCHI review will result in a determination that the nature of the persons criminal justice history makes him or her unsuitable for a job in which there will be regular and substantial unsupervised physical contact with the providers clients. However, the provider could hire the person for another position in which he or she would not have regular and substantial physical contact with clients, i.e., a position that would not have required a criminal history background check in the first instance. In contrast, if BCHI advised a provider that the applicants criminal history does not rise to the level where his/her application must be terminated, the provider is not required to hire that person. The provider could still make a determination that the person is not the right person for the positi
Related Questions
- If OMH advises a provider that it must deny a prospective employees or volunteers application, can the provider hire the person anyway if it feels the person is the best (or only) candidate for the job?
- What if I named someone in a grant application that is not a current OHSU employee but we want to hire that person if funded -- what salary should I use?
- Can a provider hire an employee or accept the services of a volunteer prior to receiving a determination from OMH?
