Sec. 109.57. (A)(1) The superintendent of the bureau of | 21 |
criminal identification and investigation shall procure from | 22 |
wherever procurable and file for record photographs, pictures, | 23 |
descriptions, fingerprints, measurements, and other information | 24 |
that may be pertinent of all persons who have been convicted of | 25 |
committing within this state a felony, any crime constituting a | 26 |
misdemeanor on the first offense and a felony on subsequent | 27 |
offenses, or any misdemeanor described in division (A)(1)(a), | 28 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 29 |
of all children under eighteen years of age who have been | 30 |
adjudicated delinquent children for committing within this state | 31 |
an act that would be a felony or an offense of violence if | 32 |
committed by an adult or who have been convicted of or pleaded | 33 |
guilty to committing within this state a felony or an offense of | 34 |
violence, and of all well-known and habitual criminals. The person | 35 |
in charge of any county, multicounty, municipal, municipal-county, | 36 |
or multicounty-municipal jail or workhouse, community-based | 37 |
correctional facility, halfway house, alternative residential | 38 |
facility, or state correctional institution and the person in | 39 |
charge of any state institution having custody of a person | 40 |
suspected of having committed a felony, any crime constituting a | 41 |
misdemeanor on the first offense and a felony on subsequent | 42 |
offenses, or any misdemeanor described in division (A)(1)(a), | 43 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code or | 44 |
having custody of a child under eighteen years of age with respect | 45 |
to whom there is probable cause to believe that the child may have | 46 |
committed an act that would be a felony or an offense of violence | 47 |
if committed by an adult shall furnish such material to the | 48 |
superintendent of the bureau. Fingerprints, photographs, or other | 49 |
descriptive information of a child who is under eighteen years of | 50 |
age, has not been arrested or otherwise taken into custody for | 51 |
committing an act that would be a felony or an offense of violence | 52 |
who is not in any other category of child specified in this | 53 |
division, if committed by an adult, has not been adjudicated a | 54 |
delinquent child for committing an act that would be a felony or | 55 |
an offense of violence if committed by an adult, has not been | 56 |
convicted of or pleaded guilty to committing a felony or an | 57 |
offense of violence, and is not a child with respect to whom there | 58 |
is probable cause to believe that the child may have committed an | 59 |
act that would be a felony or an offense of violence if committed | 60 |
by an adult shall not be procured by the superintendent or | 61 |
furnished by any person in charge of any county, multicounty, | 62 |
municipal, municipal-county, or multicounty-municipal jail or | 63 |
workhouse, community-based correctional facility, halfway house, | 64 |
alternative residential facility, or state correctional | 65 |
institution, except as authorized in section 2151.313 of the | 66 |
Revised Code. | 67 |
(2) Every clerk of a court of record in this state, other | 68 |
than the supreme court or a court of appeals, shall send to the | 69 |
superintendent of the bureau a weekly report containing a summary | 70 |
of each case involving a felony, involving any crime constituting | 71 |
a misdemeanor on the first offense and a felony on subsequent | 72 |
offenses, involving a misdemeanor described in division (A)(1)(a), | 73 |
(A)(8)(a), or (A)(10)(a) of section 109.572 of the Revised Code, | 74 |
or involving an adjudication in a case in which a child under | 75 |
eighteen years of age was alleged to be a delinquent child for | 76 |
committing an act that would be a felony or an offense of violence | 77 |
if committed by an adult. The clerk of the court of common pleas | 78 |
shall include in the report and summary the clerk sends under this | 79 |
division all information described in divisions (A)(2)(a) to (f) | 80 |
of this section regarding a case before the court of appeals that | 81 |
is served by that clerk. The summary shall be written on the | 82 |
standard forms furnished by the superintendent pursuant to | 83 |
division (B) of this section and shall include the following | 84 |
information: | 85 |
(d) The date that the person was convicted of or pleaded | 91 |
guilty to the offense, adjudicated a delinquent child for | 92 |
committing the act that would be a felony or an offense of | 93 |
violence if committed by an adult, found not guilty of the | 94 |
offense, or found not to be a delinquent child for committing an | 95 |
act that would be a felony or an offense of violence if committed | 96 |
by an adult, the date of an entry dismissing the charge, an entry | 97 |
declaring a mistrial of the offense in which the person is | 98 |
discharged, an entry finding that the person or child is not | 99 |
competent to stand trial, or an entry of a nolle prosequi, or the | 100 |
date of any other determination that constitutes final resolution | 101 |
of the case; | 102 |
(3) The superintendent shall cooperate with and assist | 114 |
sheriffs, chiefs of police, and other law enforcement officers in | 115 |
the establishment of a complete system of criminal identification | 116 |
and in obtaining fingerprints and other means of identification of | 117 |
all persons arrested on a charge of a felony, any crime | 118 |
constituting a misdemeanor on the first offense and a felony on | 119 |
subsequent offenses, or a misdemeanor described in division | 120 |
(A)(1)(a), (A)(8)(a), or (A)(10)(a) of section 109.572 of the | 121 |
Revised Code and of all children under eighteen years of age | 122 |
arrested or otherwise taken into custody for committing an act | 123 |
that would be a felony or an offense of violence if committed by | 124 |
an adult. The superintendent also shall file for record the | 125 |
fingerprint impressions of all persons confined in a county, | 126 |
multicounty, municipal, municipal-county, or multicounty-municipal | 127 |
jail or workhouse, community-based correctional facility, halfway | 128 |
house, alternative residential facility, or state correctional | 129 |
institution for the violation of state laws and of all children | 130 |
under eighteen years of age who are confined in a county, | 131 |
multicounty, municipal, municipal-county, or multicounty-municipal | 132 |
jail or workhouse, community-based correctional facility, halfway | 133 |
house, alternative residential facility, or state correctional | 134 |
institution or in any facility for delinquent children for | 135 |
committing an act that would be a felony or an offense of violence | 136 |
if committed by an adult, and any other information that the | 137 |
superintendent may receive from law enforcement officials of the | 138 |
state and its political subdivisions. | 139 |
(B) The superintendent shall prepare and furnish to every | 154 |
county, multicounty, municipal, municipal-county, or | 155 |
multicounty-municipal jail or workhouse, community-based | 156 |
correctional facility, halfway house, alternative residential | 157 |
facility, or state correctional institution and to every clerk of | 158 |
a court in this state specified in division (A)(2) of this section | 159 |
standard forms for reporting the information required under | 160 |
division (A) of this section. The standard forms that the | 161 |
superintendent prepares pursuant to this division may be in a | 162 |
tangible format, in an electronic format, or in both tangible | 163 |
formats and electronic formats. | 164 |
(C)(1) The superintendent may operate a center for | 165 |
electronic, automated, or other data processing for the storage | 166 |
and retrieval of information, data, and statistics pertaining to | 167 |
criminals and to children under eighteen years of age who are | 168 |
adjudicated delinquent children for committing an act that would | 169 |
be a felony or an offense of violence if committed by an adult, | 170 |
criminal activity, crime prevention, law enforcement, and criminal | 171 |
justice, and may establish and operate a statewide communications | 172 |
network to be known as the Ohio law enforcement gateway to gather | 173 |
and disseminate information, data, and statistics for the use of | 174 |
law enforcement agencies and for other uses specified in this | 175 |
division. The superintendent may gather, store, retrieve, and | 176 |
disseminate information, data, and statistics that pertain to | 177 |
children who are under eighteen years of age and that are gathered | 178 |
pursuant to sections 109.57 to 109.61 of the Revised Code together | 179 |
with information, data, and statistics that pertain to adults and | 180 |
that are gathered pursuant to those sections. | 181 |
(E) The attorney general shall adopt rules, in accordance | 231 |
with Chapter 119. of the Revised Code, setting forth the procedure | 232 |
by which a person may receive or release information gathered by | 233 |
the superintendent pursuant to division (A) of this section. A | 234 |
reasonable fee may be charged for this service. If a temporary | 235 |
employment service submits a request for a determination of | 236 |
whether a person the service plans to refer to an employment | 237 |
position has been convicted of or pleaded guilty to an offense | 238 |
listed in division (A)(1), (3), (4), (5), or (6) of section | 239 |
109.572 of the Revised Code, the request shall be treated as a | 240 |
single request and only one fee shall be charged. | 241 |
(2)(a) In addition to or in conjunction with any request that | 247 |
is required to be made under section 109.572, 2151.86, 3301.32, | 248 |
3301.541, division (C) of section 3310.58, or section 3319.39, | 249 |
3319.391, 3327.10, 3701.881, 5104.012, 5104.013, 5123.081, | 250 |
5126.28, 5126.281, or 5153.111 of the Revised Code or that is made | 251 |
under section 3314.41, 3319.392, 3326.25, or 3328.20 of the | 252 |
Revised Code, the board of education of any school district; the | 253 |
director of developmental disabilities; any county board of | 254 |
developmental disabilities; any entity under contract with a | 255 |
county board of developmental disabilities; the chief | 256 |
administrator of any chartered nonpublic school; the chief | 257 |
administrator of a registered private provider that is not also a | 258 |
chartered nonpublic school; the chief administrator of any home | 259 |
health agency; the chief administrator of or person operating any | 260 |
child day-care center, type A family day-care home, or type B | 261 |
family day-care home licensed or certified under Chapter 5104. of | 262 |
the Revised Code; the administrator of any type C family day-care | 263 |
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 264 |
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 265 |
general assembly; the chief administrator of any head start | 266 |
agency; the executive director of a public children services | 267 |
agency; a private company described in section 3314.41, 3319.392, | 268 |
3326.25, or 3328.20 of the Revised Code; or an employer described | 269 |
in division (J)(2) of section 3327.10 of the Revised Code may | 270 |
request that the superintendent of the bureau investigate and | 271 |
determine, with respect to any individual who has applied for | 272 |
employment in any position after October 2, 1989, or any | 273 |
individual wishing to apply for employment with a board of | 274 |
education may request, with regard to the individual, whether the | 275 |
bureau has any information gathered under division (A) of this | 276 |
section that pertains to that individual. On | 277 |
On receipt of the requestany of those types of requests, the | 295 |
superintendent shall determine whether that information exists | 296 |
and, upon request of the person, board, or entity requesting | 297 |
information, also shall request from the federal bureau of | 298 |
investigation any criminal records it has pertaining to that | 299 |
individual. The superintendent or the superintendent's designee | 300 |
also may request criminal history records from other states or the | 301 |
federal government pursuant to the national crime prevention and | 302 |
privacy compact set forth in section 109.571 of the Revised Code. | 303 |
Within thirty days of the date that the superintendent receives a | 304 |
request, the superintendent shall send to the board, entity, or | 305 |
person a report of any information that the superintendent | 306 |
determines exists, including information contained in records that | 307 |
have been sealed under section 2953.32 of the Revised Code, and, | 308 |
within thirty days of its receipt, shall send the board, entity, | 309 |
or person a report of any information received from the federal | 310 |
bureau of investigation, other than information the dissemination | 311 |
of which is prohibited by federal law. | 312 |
(b) When a board of education or a registered private | 313 |
provider is required to receive information under this section as | 314 |
a prerequisite to employment of an individual pursuant to division | 315 |
(C) of section 3310.58 or section 3319.39 of the Revised Code, it | 316 |
may accept a certified copy of records that were issued by the | 317 |
bureau of criminal identification and investigation and that are | 318 |
presented by an individual applying for employment with the | 319 |
district in lieu of requesting that information itself. In such a | 320 |
case, the board shall accept the certified copy issued by the | 321 |
bureau in order to make a photocopy of it for that individual's | 322 |
employment application documents and shall return the certified | 323 |
copy to the individual. In a case of that nature, a district or | 324 |
provider only shall accept a certified copy of records of that | 325 |
nature within one year after the date of their issuance by the | 326 |
bureau. | 327 |
(G) In addition to or in conjunction with any request that is | 356 |
required to be made under section 3701.881, 3712.09, 3721.121, | 357 |
5119.693, or 5119.85 of the Revised Code with respect to an | 358 |
individual who has applied for employment in a position that | 359 |
involves providing direct care to an older adult or adult | 360 |
resident, the chief administrator of a home health agency, hospice | 361 |
care program, home licensed under Chapter 3721. of the Revised | 362 |
Code, adult day-care program operated pursuant to rules adopted | 363 |
under section 3721.04 of the Revised Code, adult foster home, or | 364 |
adult care facility may request that the superintendent of the | 365 |
bureau investigate and determine, with respect to any individual | 366 |
who has applied after January 27, 1997, for employment in a | 367 |
position that does not involve providing direct care to an older | 368 |
adult or adult resident, whether the bureau has any information | 369 |
gathered under division (A) of this section that pertains to that | 370 |
individual. | 371 |
In addition to or in conjunction with any request that is | 372 |
required to be made under section 173.27 of the Revised Code with | 373 |
respect to an individual who has applied for employment in a | 374 |
position that involves providing ombudsperson services to | 375 |
residents of long-term care facilities or recipients of | 376 |
community-based long-term care services, the state long-term care | 377 |
ombudsperson, ombudsperson's designee, or director of health may | 378 |
request that the superintendent investigate and determine, with | 379 |
respect to any individual who has applied for employment in a | 380 |
position that does not involve providing such ombudsperson | 381 |
services, whether the bureau has any information gathered under | 382 |
division (A) of this section that pertains to that applicant. | 383 |
On receipt of a request under this division, the | 394 |
superintendent shall determine whether that information exists | 395 |
and, on request of the individual requesting information, shall | 396 |
also request from the federal bureau of investigation any criminal | 397 |
records it has pertaining to the applicant. The superintendent or | 398 |
the superintendent's designee also may request criminal history | 399 |
records from other states or the federal government pursuant to | 400 |
the national crime prevention and privacy compact set forth in | 401 |
section 109.571 of the Revised Code. Within thirty days of the | 402 |
date a request is received, the superintendent shall send to the | 403 |
requester a report of any information determined to exist, | 404 |
including information contained in records that have been sealed | 405 |
under section 2953.32 of the Revised Code, and, within thirty days | 406 |
of its receipt, shall send the requester a report of any | 407 |
information received from the federal bureau of investigation, | 408 |
other than information the dissemination of which is prohibited by | 409 |
federal law. | 410 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 427 |
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised Code, | 428 |
a completed form prescribed pursuant to division (C)(1) of this | 429 |
section, and a set of fingerprint impressions obtained in the | 430 |
manner described in division (C)(2) of this section, the | 431 |
superintendent of the bureau of criminal identification and | 432 |
investigation shall conduct a criminal records check in the manner | 433 |
described in division (B) of this section to determine whether any | 434 |
information exists that indicates that the person who is the | 435 |
subject of the request previously has been convicted of or pleaded | 436 |
guilty to any of the following: | 437 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 438 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 439 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 440 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 441 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 442 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 443 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 444 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 445 |
penetration in violation of former section 2907.12 of the Revised | 446 |
Code, a violation of section 2905.04 of the Revised Code as it | 447 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 448 |
the Revised Code that would have been a violation of section | 449 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 450 |
had the violation been committed prior to that date, or a | 451 |
violation of section 2925.11 of the Revised Code that is not a | 452 |
minor drug possession offense; | 453 |
(2) On receipt of a request pursuant to section 5123.081 of | 458 |
the Revised Code with respect to an applicant for employment in | 459 |
any position with the department of developmental disabilities, | 460 |
pursuant to section 5126.28 of the Revised Code with respect to an | 461 |
applicant for employment in any position with a county board of | 462 |
developmental disabilities, or pursuant to section 5126.281 of the | 463 |
Revised Code with respect to an applicant for employment in a | 464 |
direct services position with an entity contracting with a county | 465 |
board for employment, a completed form prescribed pursuant to | 466 |
division (C)(1) of this section, and a set of fingerprint | 467 |
impressions obtained in the manner described in division (C)(2) of | 468 |
this section, the superintendent of the bureau of criminal | 469 |
identification and investigation shall conduct a criminal records | 470 |
check. The superintendent shall conduct the criminal records check | 471 |
in the manner described in division (B) of this section to | 472 |
determine whether any information exists that indicates that the | 473 |
person who is the subject of the request has been convicted of or | 474 |
pleaded guilty to any of the following: | 475 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 476 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 477 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 478 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 479 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 480 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 481 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 482 |
2925.03, or 3716.11 of the Revised Code; | 483 |
(3) On receipt of a request pursuant to section 173.27, | 488 |
173.394, 3712.09, 3721.121, 5119.693, or 5119.85 of the Revised | 489 |
Code, a completed form prescribed pursuant to division (C)(1) of | 490 |
this section, and a set of fingerprint impressions obtained in the | 491 |
manner described in division (C)(2) of this section, the | 492 |
superintendent of the bureau of criminal identification and | 493 |
investigation shall conduct a criminal records check with respect | 494 |
to any person who has applied for employment in a position for | 495 |
which a criminal records check is required by those sections. The | 496 |
superintendent shall conduct the criminal records check in the | 497 |
manner described in division (B) of this section to determine | 498 |
whether any information exists that indicates that the person who | 499 |
is the subject of the request previously has been convicted of or | 500 |
pleaded guilty to any of the following: | 501 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 502 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 503 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 504 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 505 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 506 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 507 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 508 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 509 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 510 |
(4) On receipt of a request pursuant to section 3701.881 of | 514 |
the Revised Code with respect to an applicant for employment with | 515 |
a home health agency as a person responsible for the care, | 516 |
custody, or control of a child, a completed form prescribed | 517 |
pursuant to division (C)(1) of this section, and a set of | 518 |
fingerprint impressions obtained in the manner described in | 519 |
division (C)(2) of this section, the superintendent of the bureau | 520 |
of criminal identification and investigation shall conduct a | 521 |
criminal records check. The superintendent shall conduct the | 522 |
criminal records check in the manner described in division (B) of | 523 |
this section to determine whether any information exists that | 524 |
indicates that the person who is the subject of the request | 525 |
previously has been convicted of or pleaded guilty to any of the | 526 |
following: | 527 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 528 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 529 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 530 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 531 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 532 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 533 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 534 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 535 |
violation of section 2925.11 of the Revised Code that is not a | 536 |
minor drug possession offense; | 537 |
(5) On receipt of a request pursuant to section 5111.032, | 541 |
5111.033, or 5111.034 of the Revised Code, a completed form | 542 |
prescribed pursuant to division (C)(1) of this section, and a set | 543 |
of fingerprint impressions obtained in the manner described in | 544 |
division (C)(2) of this section, the superintendent of the bureau | 545 |
of criminal identification and investigation shall conduct a | 546 |
criminal records check. The superintendent shall conduct the | 547 |
criminal records check in the manner described in division (B) of | 548 |
this section to determine whether any information exists that | 549 |
indicates that the person who is the subject of the request | 550 |
previously has been convicted of, has pleaded guilty to, or has | 551 |
been found eligible for intervention in lieu of conviction for any | 552 |
of the following, regardless of the date of the conviction, the | 553 |
date of entry of the guilty plea, or the date the person was found | 554 |
eligible for intervention in lieu of conviction: | 555 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 556 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, | 557 |
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, | 558 |
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 559 |
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24, | 560 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 561 |
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01, | 562 |
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, | 563 |
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41, | 564 |
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47, | 565 |
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11, | 566 |
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03, | 567 |
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02, | 568 |
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, | 569 |
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, | 570 |
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious sexual | 571 |
penetration in violation of former section 2907.12 of the Revised | 572 |
Code, a violation of section 2905.04 of the Revised Code as it | 573 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 574 |
the Revised Code that would have been a violation of section | 575 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 576 |
had the violation been committed prior to that date; | 577 |
(6) On receipt of a request pursuant to section 3701.881 of | 582 |
the Revised Code with respect to an applicant for employment with | 583 |
a home health agency in a position that involves providing direct | 584 |
care to an older adult, a completed form prescribed pursuant to | 585 |
division (C)(1) of this section, and a set of fingerprint | 586 |
impressions obtained in the manner described in division (C)(2) of | 587 |
this section, the superintendent of the bureau of criminal | 588 |
identification and investigation shall conduct a criminal records | 589 |
check. The superintendent shall conduct the criminal records check | 590 |
in the manner described in division (B) of this section to | 591 |
determine whether any information exists that indicates that the | 592 |
person who is the subject of the request previously has been | 593 |
convicted of or pleaded guilty to any of the following: | 594 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 595 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 596 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 597 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 598 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 599 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 600 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 601 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 602 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 603 |
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03, | 625 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21, | 626 |
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, | 627 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 628 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 629 |
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24, | 630 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02, | 631 |
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, | 632 |
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11 | 633 |
of the Revised Code, a violation of section 2905.04 of the Revised | 634 |
Code as it existed prior to July 1, 1996, a violation of section | 635 |
2919.23 of the Revised Code that would have been a violation of | 636 |
section 2905.04 of the Revised Code as it existed prior to July 1, | 637 |
1996, had the violation been committed prior to that date, a | 638 |
violation of section 2925.11 of the Revised Code that is not a | 639 |
minor drug possession offense, two or more OVI or OVUAC violations | 640 |
committed within the three years immediately preceding the | 641 |
submission of the application or petition that is the basis of the | 642 |
request, or felonious sexual penetration in violation of former | 643 |
section 2907.12 of the Revised Code; | 644 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 659 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22, | 660 |
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, | 661 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, | 662 |
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, | 663 |
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04, | 664 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 665 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 666 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12, | 667 |
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12, | 668 |
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or | 669 |
3716.11 of the Revised Code, felonious sexual penetration in | 670 |
violation of former section 2907.12 of the Revised Code, a | 671 |
violation of section 2905.04 of the Revised Code as it existed | 672 |
prior to July 1, 1996, a violation of section 2919.23 of the | 673 |
Revised Code that would have been a violation of section 2905.04 | 674 |
of the Revised Code as it existed prior to July 1, 1996, had the | 675 |
violation been committed prior to that date, a violation of | 676 |
section 2925.11 of the Revised Code that is not a minor drug | 677 |
possession offense, a violation of section 2923.02 or 2923.03 of | 678 |
the Revised Code that relates to a crime specified in this | 679 |
division, or a second violation of section 4511.19 of the Revised | 680 |
Code within five years of the date of application for licensure or | 681 |
certification. | 682 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 697 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 698 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 699 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 700 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 701 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 702 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 703 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 704 |
felonious sexual penetration in violation of former section | 705 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 706 |
Revised Code as it existed prior to July 1, 1996, a violation of | 707 |
section 2919.23 of the Revised Code that would have been a | 708 |
violation of section 2905.04 of the Revised Code as it existed | 709 |
prior to July 1, 1996, had the violation been committed prior to | 710 |
that date, or a violation of section 2925.11 of the Revised Code | 711 |
that is not a minor drug possession offense; | 712 |
(11) On receipt of a request for a criminal records check | 717 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 718 |
Revised Code, accompanied by a completed copy of the form | 719 |
prescribed in division (C)(1) of this section and a set of | 720 |
fingerprint impressions obtained in a manner described in division | 721 |
(C)(2) of this section, the superintendent of the bureau of | 722 |
criminal identification and investigation shall conduct a criminal | 723 |
records check in the manner described in division (B) of this | 724 |
section to determine whether any information exists indicating | 725 |
that the person who is the subject of the request has been | 726 |
convicted of or pleaded guilty to a felony in this state or in any | 727 |
other state. If the individual indicates that a firearm will be | 728 |
carried in the course of business, the superintendent shall | 729 |
require information from the federal bureau of investigation as | 730 |
described in division (B)(2) of this section. The superintendent | 731 |
shall report the findings of the criminal records check and any | 732 |
information the federal bureau of investigation provides to the | 733 |
director of public safety. | 734 |
(12) On receipt of a request pursuant to section 1321.37, | 735 |
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised | 736 |
Code, a completed form prescribed pursuant to division (C)(1) of | 737 |
this section, and a set of fingerprint impressions obtained in the | 738 |
manner described in division (C)(2) of this section, the | 739 |
superintendent of the bureau of criminal identification and | 740 |
investigation shall conduct a criminal records check with respect | 741 |
to any person who has applied for a license, permit, or | 742 |
certification from the department of commerce or a division in the | 743 |
department. The superintendent shall conduct the criminal records | 744 |
check in the manner described in division (B) of this section to | 745 |
determine whether any information exists that indicates that the | 746 |
person who is the subject of the request previously has been | 747 |
convicted of or pleaded guilty to any of the following: a | 748 |
violation of section 2913.02, 2913.11, 2913.31, 2913.51, or | 749 |
2925.03 of the Revised Code; any other criminal offense involving | 750 |
theft, receiving stolen property, embezzlement, forgery, fraud, | 751 |
passing bad checks, money laundering, or drug trafficking, or any | 752 |
criminal offense involving money or securities, as set forth in | 753 |
Chapters 2909., 2911., 2913., 2915., 2921., 2923., and 2925. of | 754 |
the Revised Code; or any existing or former law of this state, any | 755 |
other state, or the United States that is substantially equivalent | 756 |
to those offenses. | 757 |
(13) On receipt of a request for a criminal records check | 758 |
from the treasurer of state under section 113.041 of the Revised | 759 |
Code or from an individual under section 4701.08, 4715.101, | 760 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 761 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 762 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 763 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 764 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied by | 765 |
a completed form prescribed under division (C)(1) of this section | 766 |
and a set of fingerprint impressions obtained in the manner | 767 |
described in division (C)(2) of this section, the superintendent | 768 |
of the bureau of criminal identification and investigation shall | 769 |
conduct a criminal records check in the manner described in | 770 |
division (B) of this section to determine whether any information | 771 |
exists that indicates that the person who is the subject of the | 772 |
request has been convicted of or pleaded guilty to any criminal | 773 |
offense in this state or any other state. The superintendent shall | 774 |
send the results of a check requested under section 113.041 of the | 775 |
Revised Code to the treasurer of state and shall send the results | 776 |
of a check requested under any of the other listed sections to the | 777 |
licensing board specified by the individual in the request. | 778 |
(14) On receipt of a request pursuant to section 1121.23, | 779 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 780 |
Code, a completed form prescribed pursuant to division (C)(1) of | 781 |
this section, and a set of fingerprint impressions obtained in the | 782 |
manner described in division (C)(2) of this section, the | 783 |
superintendent of the bureau of criminal identification and | 784 |
investigation shall conduct a criminal records check in the manner | 785 |
described in division (B) of this section to determine whether any | 786 |
information exists that indicates that the person who is the | 787 |
subject of the request previously has been convicted of or pleaded | 788 |
guilty to any criminal offense under any existing or former law of | 789 |
this state, any other state, or the United States. | 790 |
(15) On receipt of a request for a criminal records check | 791 |
from an appointing or licensing authority under section 3772.07 of | 792 |
the Revised Code, a completed form prescribed under division | 793 |
(C)(1) of this section, and a set of fingerprint impressions | 794 |
obtained in the manner prescribed in division (C)(2) of this | 795 |
section, the superintendent of the bureau of criminal | 796 |
identification and investigation shall conduct a criminal records | 797 |
check in the manner described in division (B) of this section to | 798 |
determine whether any information exists that indicates that the | 799 |
person who is the subject of the request previously has been | 800 |
convicted of or pleaded guilty or no contest to any offense under | 801 |
any existing or former law of this state, any other state, or the | 802 |
United States that is a disqualifying offense as defined in | 803 |
section 3772.07 of the Revised Code or substantially equivalent to | 804 |
such an offense. | 805 |
(17) Not later than thirty days after the date the | 823 |
superintendent receives a request of a type described in division | 824 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), | 825 |
(14), or (15), or (16) of this section, the completed form, and | 826 |
the fingerprint impressions, the superintendent shall send the | 827 |
person, board, or entity that made the request any information, | 828 |
other than information the dissemination of which is prohibited by | 829 |
federal law, the superintendent determines exists with respect to | 830 |
the person who is the subject of the request that indicates that | 831 |
the person previously has been convicted of or pleaded guilty to | 832 |
any offense listed or described in division (A)(1), (2), (3), (4), | 833 |
(5), (6), (7), (8), (9), (10), (11), (12), (14), or (15), or (16) | 834 |
of this section, as appropriate. The superintendent shall send the | 835 |
person, board, or entity that made the request a copy of the list | 836 |
of offenses specified in division (A)(1), (2), (3), (4), (5), (6), | 837 |
(7), (8), (9), (10), (11), (12), (14), or (15), or (16) of this | 838 |
section, as appropriate. If the request was made under section | 839 |
3701.881 of the Revised Code with regard to an applicant who may | 840 |
be both responsible for the care, custody, or control of a child | 841 |
and involved in providing direct care to an older adult, the | 842 |
superintendent shall provide a list of the offenses specified in | 843 |
divisions (A)(4) and (6) of this section. | 844 |
(B) The superintendent shall conduct any criminal records | 855 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 856 |
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03, | 857 |
1322.031, 1541.82, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 858 |
3313.539, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, 4701.08, | 859 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 860 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 861 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 862 |
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 863 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 864 |
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85, | 865 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code as | 866 |
follows: | 867 |
(1) The superintendent shall review or cause to be reviewed | 868 |
any relevant information gathered and compiled by the bureau under | 869 |
division (A) of section 109.57 of the Revised Code that relates to | 870 |
the person who is the subject of the request, including, if the | 871 |
criminal records check was requested under section 113.041, | 872 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 873 |
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1541.82, 1733.47, | 874 |
1761.26, 2151.86, 3301.32, 3301.541, 3313.539, 3319.39, 3701.881, | 875 |
3712.09, 3721.121, 3772.07, 4749.03, 4749.06, 4763.05, 5104.012, | 876 |
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85, | 877 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code, any | 878 |
relevant information contained in records that have been sealed | 879 |
under section 2953.32 of the Revised Code; | 880 |
(2) If the request received by the superintendent asks for | 881 |
information from the federal bureau of investigation, the | 882 |
superintendent shall request from the federal bureau of | 883 |
investigation any information it has with respect to the person | 884 |
who is the subject of the request, including fingerprint-based | 885 |
checks of national crime information databases as described in 42 | 886 |
U.S.C. 671 if the request is made pursuant to section 2151.86, | 887 |
5104.012, or 5104.013 of the Revised Code or if any other Revised | 888 |
Code section requires fingerprint-based checks of that nature, and | 889 |
shall review or cause to be reviewed any information the | 890 |
superintendent receives from that bureau. If a request under | 891 |
section 3319.39 of the Revised Code asks only for information from | 892 |
the federal bureau of investigation, the superintendent shall not | 893 |
conduct the review prescribed by division (B)(1) of this section. | 894 |
(C)(1) The superintendent shall prescribe a form to obtain | 899 |
the information necessary to conduct a criminal records check from | 900 |
any person for whom a criminal records check is requested under | 901 |
section 113.041 of the Revised Code or required by section 121.08, | 902 |
173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, | 903 |
1321.531, 1322.03, 1322.031, 1541.82, 1733.47, 1761.26, 2151.86, | 904 |
3301.32, 3301.541, 3313.539, 3319.39, 3701.881, 3712.09, 3721.121, | 905 |
3772.07, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501, | 906 |
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 907 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 908 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 909 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 910 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5119.693, | 911 |
5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the Revised | 912 |
Code. The form that the superintendent prescribes pursuant to this | 913 |
division may be in a tangible format, in an electronic format, or | 914 |
in both tangible and electronic formats. | 915 |
(2) The superintendent shall prescribe standard impression | 916 |
sheets to obtain the fingerprint impressions of any person for | 917 |
whom a criminal records check is requested under section 113.041 | 918 |
of the Revised Code or required by section 121.08, 173.27, | 919 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, | 920 |
1322.03, 1322.031, 1541.82, 1733.47, 1761.26, 2151.86, 3301.32, | 921 |
3301.541, 3313.539, 3319.39, 3701.881, 3712.09, 3721.121, 3772.07, | 922 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 923 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 924 |
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 925 |
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, | 926 |
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 927 |
5104.013, 5111.032, 5111.033, 5111.034, 5119.693, 5119.85, | 928 |
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any | 929 |
person for whom a records check is requested under or required by | 930 |
any of those sections shall obtain the fingerprint impressions at | 931 |
a county sheriff's office, municipal police department, or any | 932 |
other entity with the ability to make fingerprint impressions on | 933 |
the standard impression sheets prescribed by the superintendent. | 934 |
The office, department, or entity may charge the person a | 935 |
reasonable fee for making the impressions. The standard impression | 936 |
sheets the superintendent prescribes pursuant to this division may | 937 |
be in a tangible format, in an electronic format, or in both | 938 |
tangible and electronic formats. | 939 |
(3) Subject to division (D) of this section, the | 940 |
superintendent shall prescribe and charge a reasonable fee for | 941 |
providing a criminal records check requested under section | 942 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 943 |
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1541.82, 1733.47, | 944 |
1761.26, 2151.86, 3301.32, 3301.541, 3313.539, 3319.39, 3701.881, | 945 |
3712.09, 3721.121, 3772.07, 4701.08, 4715.101, 4717.061, 4725.121, | 946 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15, | 947 |
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091, | 948 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 949 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, | 950 |
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034, | 951 |
5119.693, 5119.85, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 952 |
Revised Code. The person making a criminal records request under | 953 |
any of those sections shall pay the fee prescribed pursuant to | 954 |
this division. A person making a request under section 3701.881 of | 955 |
the Revised Code for a criminal records check for an applicant who | 956 |
may be both responsible for the care, custody, or control of a | 957 |
child and involved in providing direct care to an older adult | 958 |
shall pay one fee for the request. In the case of a request under | 959 |
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26, or | 960 |
5111.032 of the Revised Code, the fee shall be paid in the manner | 961 |
specified in that section. | 962 |
(D) A determination whether any information exists that | 968 |
indicates that a person previously has been convicted of or | 969 |
pleaded guilty to any offense listed or described in division | 970 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 971 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or (b), | 972 |
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), (A)(14), or (A)(15), | 973 |
or (16)(a), (b), or (c) of this section, or that indicates that a | 974 |
person previously has been convicted of or pleaded guilty to any | 975 |
criminal offense in this state or any other state regarding a | 976 |
criminal records check of a type described in division (A)(13) of | 977 |
this section, and that is made by the superintendent with respect | 978 |
to information considered in a criminal records check in | 979 |
accordance with this section is valid for the person who is the | 980 |
subject of the criminal records check for a period of one year | 981 |
from the date upon which the superintendent makes the | 982 |
determination. During the period in which the determination in | 983 |
regard to a person is valid, if another request under this section | 984 |
is made for a criminal records check for that person, the | 985 |
superintendent shall provide the information that is the basis for | 986 |
the superintendent's initial determination at a lower fee than the | 987 |
fee prescribed for the initial criminal records check. | 988 |
Sec. 109.575. AtExcept as otherwise provided in section | 1014 |
1541.82 of the Revised Code, at the time of a person's initial | 1015 |
application to an organization or entity to be a volunteer in a | 1016 |
position in which the person on a regular basis will have | 1017 |
unsupervised access to a child, the organization or entity shall | 1018 |
inform the person that, at any time, the person might be required | 1019 |
to provide a set of impressions of the person's fingerprints and a | 1020 |
criminal records check might be conducted with respect to the | 1021 |
person. Not later than thirty days after the effective date of | 1022 |
this section, each organization or entity shall notify each | 1023 |
current volunteer who is in a position in which the person on a | 1024 |
regular basis has unsupervised access to a child that, at any | 1025 |
time, the volunteer might be required to provide a set of | 1026 |
impressions of the volunteer's fingerprints and a criminal records | 1027 |
check might be conducted with respect to the volunteer. | 1028 |
Sec. 109.576. (A) IfExcept as otherwise provided in section | 1029 |
1541.82 of the Revised Code, if a person has applied to an | 1030 |
organization or entity to be a volunteer in a position in which | 1031 |
the person on a regular basis has unsupervised access to a child, | 1032 |
if the organization or entity subjects the person to a criminal | 1033 |
records check, if the report of the results of the criminal | 1034 |
records check indicates that the person has been convicted of or | 1035 |
pleaded guilty to any of the offenses described in division (A)(1) | 1036 |
of section 109.572 of the Revised Code, and if the organization or | 1037 |
entity accepts the person as a volunteer in a position in which | 1038 |
the person on a regular basis has unsupervised access to a child, | 1039 |
the organization or entity shall notify the parent or guardian of | 1040 |
each child for whom it provides services that the volunteer has | 1041 |
been convicted of one or more of those offenses but that, | 1042 |
nonetheless, the person will be serving the organization or entity | 1043 |
in that position. The notification required by this division shall | 1044 |
be in writing, and the organization or entity shall send the | 1045 |
notice to the parent or guardian on the date the organization or | 1046 |
entity commences providing services to the child or on the date | 1047 |
the organization or entity decides to accept the person as a | 1048 |
volunteer after receiving the report of the results of the | 1049 |
criminal records check, whichever is later. | 1050 |
(B) IfExcept as otherwise provided in section 1541.82 of the | 1051 |
Revised Code, if a person is serving an organization or entity as | 1052 |
a volunteer in a position in which the person on a regular basis | 1053 |
has unsupervised access to a child, if the organization or entity | 1054 |
subjects the person to a criminal records check, if the report of | 1055 |
the results of the criminal records check indicates that the | 1056 |
person has been convicted of or pleaded guilty to any of the | 1057 |
offenses described in division (A)(1) of section 109.572 of the | 1058 |
Revised Code, and if the organization or entity retains the person | 1059 |
as a volunteer in the same position or in any other position in | 1060 |
which the person on a regular basis has unsupervised access to a | 1061 |
child, the organization or entity shall notify the parent or | 1062 |
guardian of each child for whom it provides services that the | 1063 |
volunteer has been convicted of one or more of those offenses but | 1064 |
that, nonetheless, the person will be retained by the organization | 1065 |
or entity in that position. The notification required by this | 1066 |
division shall be in writing, and the organization or entity shall | 1067 |
send the notice to the parent or guardian on the date the | 1068 |
organization or entity commences providing services to the child | 1069 |
or on the date the organization or entity decides to retain the | 1070 |
person after receiving the report of the results of the criminal | 1071 |
records check, whichever is later. | 1072 |
Sec. 109.577. (A)(1) If an organization or entity or a | 1090 |
recreational youth athletics organization or entity uses a | 1091 |
volunteer in a position in which the person on a regular basis has | 1092 |
unsupervised access to a child and if the volunteer has been | 1093 |
subjected to a criminal records check performed by the bureau of | 1094 |
criminal identification and investigation pursuant to section | 1095 |
109.57, section 109.572, or rules adopted under division (E) of | 1096 |
section 109.57 of the Revised Code, the organization or entity, | 1097 |
and its officials and employees, are immune from civil liability | 1098 |
that might otherwise be incurred or imposed for any death or any | 1099 |
injury or loss to person or property that is caused by any act or | 1100 |
omission of the volunteer and that results from or is related to | 1101 |
the volunteer having unsupervised access to a child on a regular | 1102 |
basis, provided that the following apply: | 1103 |