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Caregiver mum on charges: Ohio law doesn't require updates on background checks

THE COLUMBUS DISPATCH

<p>Tristan J. Quintero, convicted on weapons charges, is facing a rape charge.</p>

Tristan J. Quintero, convicted on weapons charges, is facing a rape charge.

Five years ago, Tristan J. Quintero passed the background check that enabled him to get a job caring for mentally disabled Ohioans.The state does not require updates, so workers are trusted to self-report subsequent offenses that could disqualify them. But Quintero apparently told no one that he’d been convicted on weapons charges in 2008 and indicted again in May.

As a result, he was still on the job the night of May 28. That’s when he left the apartment of his disabled South Side client, James Monroe, and raped a neighbor, police said.

According to a report from the Franklin County Board of Mental Retardation and Developmental Disabilities, Quintero told his employer that he had consensual sex with Monroe’s 49-year-old neighbor. Police said the victim told them she has throat cancer and couldn’t scream.

“How could somebody like this be working among the disabled?” asked Lisa Canterbury, a friend of Monroe, 63, and his family. “There was a warrant out for his arrest.”

Quintero, 25, of 333 Wellington Willows Way on the South Side, had been indicted in Clark County Common Pleas Court in May on a firearms charge for driving with a loaded shotgun. Springfield police arrested him June 27.

Quintero was returned to Columbus and appeared Friday in Franklin County Municipal Court on the rape charge. Judge Paul Herbert ordered him held in lieu of $300,000 cash or surety bond.

Anthony Wayne Services, an Indiana-based company that contracts with the Ohio Department of Mental Retardation and Developmental Disabilities to provide services such as home care for the disabled, fired Quintero upon learning of the rape accusation, spokeswoman Barbara Wachtman said.

Asked about Quintero’s previous convictions, she said she couldn’t comment because of the pending investigation.

According to an internal investigation and report by the Franklin County Board of Mental Retardation and Developmental Disabilities, Quintero likely hadn’t been an acceptable caregiver for at least a year.

Monroe’s family provided a copy of the report, which says Quintero had a “disqualifying offense for working in the MRDD field” when he was indicted in Franklin County Common Pleas Court two years ago on charges of carrying a concealed weapon and improper handling of a firearm. Quintero pleaded guilty last year to reduced misdemeanor versions of the charges.

The report also said that Quintero neglected Monroe and did not give him his medications.

Rose Tackett, Monroe’s younger sister, said the state and companies it hires should be more vigilant about updating the backgrounds of those who work with vulnerable Ohioans. Requiring caregivers to report themselves doesn’t cut it, she said.

“Why can’t they take one of their employees on down time and tell them to pull some people up” on online court documents, Tackett said. “It’s all right there if you look.”

The state maintains an abuser registry that seeks to keep bad caregivers from job-hopping, but that doesn’t necessarily catch workers whose offenses are unknown to administrators or occur outside of their jobs.

State officials have discussed background updates, but no changes have been proposed, said Sherry Steinman, a spokeswoman for the Ohio Department of Mental Retardation and Developmental Disabilities. Under current guidelines, care providers who pass background checks sign a contract promising to report future violations.

State education officials strengthened background checks for their workers in 2007, requiring updates every five years for all licensed educators and unlicensed workers such as secretaries and food-service employees. School-bus drivers now face background checks twice a year, and arrests trigger an immediate alert to employers.

Jed Morison, superintendent of the Franklin County MRDD board, said he isn’t aware of past problems with Anthony Wayne Services.

“Generally, we’re very fortunate to have many good providers,” Morison said. “Sometimes, things are going to happen. The issue is, how do we respond?”

Both Tackett and Canterbury said they think families should do all they can to know about those who are trusted to care for their loved ones.

Monroe was distraught after the incident and police investigation. “He cries,” Tackett said.

As of yesterday, Quintero still was listed in the state’s online database of MRDD care providers.

rprice@dispatch.com

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Background Checks for Youth Workers

Volunteer youth workers are an important part of our childrens lives but do you really know who your leaving your child with? Background screenings should be done on every youth worker – 60% of convicted sex offenders are on parole or probation. The Bureau of Justice statistics study in the 90’s found that Among child molesters released from prison in 1994, 60% had been in prison for molesting a child 13 years old or younger.

Parents, do you really know your kids soccer coach, dance coach or teacher? I will ask the same question to the organizations; do you really know who you’re hiring? Its everyone’s’ responsibility to make sure the children are in a safe learning environment. Youth sports are on the rise which means even more children are being dropped off with their coaches and instructors; thereby, creating situations for potential sexual offenders, abductors and abusers. This topic is nothing new; just look back at the news stories – some of which have occurred in the past few weeks. Google – coach + sexual offender and you will get over 1 million links; Google teacher + sexual offender and you will get over 2 million links. Back in Sept, a New York teacher was found to have had a manslaughter conviction dated back to the 1970’s for killing a child and this teacher had been teaching middle school for the past two years. Parents, you need to ask your youth organizations if they perform background checks. Organizations need to be performing background checks; if they have to raise their fees to cover the costs then I’m sure the parents will not mind.

InfoCheckUSA.net will perform a 50 state Criminal and Sexual Offender background check. A background check performed only in the state that the person is coaching or instructing in is not sufficient. Many offenders will move to different states in the hopes that a comprehensive national background check will not be performed and the sad part is that they are right. We recommend that all of our clients whether youth organizations or not run a national check. InfoCheckUSA recommends the National Criminal Super Search and a county “hands-on” court level search plus a SSN Verification with address history.

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