Ohio § 5104.013

§ 5104.013.

(A)(1) As used in this section: (a) “ Applicant ” means either of the following: (i) A person who is under final consideration for appointment to or employment in a position

with a licensed preschool program or licensed school child program that provides publicly

funded child care, authorized private before and after school care program, child

care center, type A family child care home, licensed type B family child care home,

or child day camp; (ii) A person who would serve in any position with a licensed preschool program or licensed

school child program that provides publicly funded child care, authorized private

before and after school care program, child care center, type A family child care

home, licensed type B family child care home, or child day camp pursuant to a contract

with another entity. (b) “Authorized private before and after school care program” has the same meaning as

in section 3301.52 of the Revised Code . (c) “Criminal records check” has the same meaning as in section 109.572 of the Revised Code . (2) Regarding an authorized private before and after school care program only, “ director ” means an individual who is responsible for ensuring compliance with this section

and any rules adopted under it. (B)(1) At the times specified in division (B)(2)(a) of this section, the director of children

and youth shall request the superintendent of the bureau of criminal identification

and investigation to conduct a criminal records check for each of the following persons: (a) Any owner or licensee of a child care center; (b) Any owner or licensee of a type A family child care home or licensed type B family

child care home and any person eighteen years of age or older who resides in the home; (c) Any owner of an approved child day camp; (d) Any director of a licensed preschool program or licensed school child program that

provides publicly funded child care; (e) Any owner or director of an authorized private before and after school care program; (f) Any in-home aide; (g) Any applicant or employee, including an administrator, of a child care center, type

A family child care home, licensed type B family child care home, approved child day

camp, licensed preschool program or licensed school child program that provides publicly

funded child care, or authorized private before and after school care program. (2)(a) The director shall request a criminal records check at the following times: (i) In the case of an owner or licensee of child care center or an owner or licensee

of a type A family child care home or licensed type B family child care home or a

resident of such a home, at the time of initial application for licensure and every

five years thereafter; (ii) In the case of an owner of an approved child day camp, at the time of initial application

for approval and every five years thereafter; (iii) In the case of a director of a licensed child care program or licensed school child

program, at the time of initial application to provide publicly funded child care

and every five years thereafter; (iv) In the case of an owner or director of an authorized private before and after school

care program, at the time of initial application for licensure and every five years

thereafter; (v) In the case of an in-home aide, at the time of initial application for certification

and every five years thereafter; (vi) Except as provided in division (B)(2)(a)(vii) of this section, in the case of an

applicant or employee, at the time of initial application for employment and every

five years thereafter; (vii) In the case of an applicant who has been determined eligible for employment after

a review of a criminal records check within the past five years and who has been employed

by a licensed preschool program or licensed school child program that provides publicly

funded child care, authorized private before and after school care program, child

care center, type A family child care home, licensed type B family child care home,

or approved child day camp within the past one hundred eighty consecutive days, every

five years after the date of the initial determination. (b) A criminal records check requested at the time of initial application shall include

a request that the superintendent of the bureau of criminal identification and investigation

obtain information from the federal bureau of investigation as part of the criminal

records check for the person, including fingerprint-based checks of national crime

information databases as described in 42 U.S.C. 671 for the person subject to the criminal records check. (c) A criminal records check requested at any time other than the time of initial application

may include a request that the superintendent of the bureau of criminal identification

and investigation obtain information from the federal bureau of investigation as part

of the criminal records check for the person, including fingerprint-based checks of

national crime information databases as described in 42 U.S.C. 671 for the person subject to the criminal records check. (3) With respect to a criminal records check requested for a person described in division

(B)(1) of this section, the director of children and youth shall do all of the following: (a) Provide to the person a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant

to division (C)(2) of that section; (b) Obtain the completed form and impression sheet from the person; (c) Forward the completed form and impression sheet to the superintendent of the bureau

of criminal identification and investigation; (d) Review the results of the criminal records check. (4) A person who receives from the director a copy of the form and standard impression

sheet and who is requested to complete the form and provide a set of fingerprint impressions

shall complete the form or provide all of the information necessary to complete the

form and shall provide the impression sheet with the impressions of the person's fingerprints.  If the person, upon request, fails to provide the information necessary to complete

the form or fails to provide impressions of the person's fingerprints, the director

of children and youth or a county director of job and family services may consider

the failure a reason to deny licensure, approval, or certification or to determine

an employee ineligible for employment. (5) Except as provided in rules adopted under division (F) of this section: (a) The director of children and youth shall refuse to issue a license to or approve

a center, type A home, type B home, child day camp, preschool program, school child

program, or authorized private before and after school care program, and shall revoke

a license or approval, and a county director of job and family services shall not

certify an in-home aide and shall revoke a certification, if a person for whom a criminal

records check was required under divisions (B)(1)(a) to (B)(1)(f) of this section

has been convicted of or pleaded guilty to any of the violations described in division (A)(5) of section 109.572 of the Revised Code . (b) The director of children and youth shall not issue a license to a type A home or

type B home if a resident of the type A home or type B home is under eighteen years

of age and has been adjudicated a delinquent child for committing either a violation

of any section listed in division (A)(5) of section 109.572 of the Revised Code or an offense of another state or the United States that is substantially equivalent

to an offense listed in division (A)(5) of section 109.572 of the Revised Code . (c) The director shall determine an applicant or employee ineligible for employment if

the person has been convicted of or pleaded guilty to any of the violations described

in division (A)(5) of section 109.572 of the Revised Code . (6) Each child care center, type A home, type B home, approved child day camp, licensed

child care program, licensed school child program, authorized private before and after

school care program, and in-home aide shall pay to the bureau of criminal identification

and investigation the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon a

request made pursuant to division (B) of this section. A center, home, camp, preschool program, school child program, or authorized private

before and after school care program may charge an applicant a fee for the costs it

incurs in obtaining a criminal records check under this section.  A fee charged under this division shall not exceed the amount the center, home,

camp, or program pays under this section.  If a fee is charged, the center, home, camp, or program shall notify the applicant

at the time of the applicant's initial application for employment of the amount of

the fee and that, unless the fee is paid, the center, home, camp, or program will

not consider the applicant for employment. (7) The report of any criminal records check conducted by the bureau of criminal identification

and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (B) of this section is confidential

and not a public record for the purposes of section 149.43 of the Revised Code .  The report shall not be made available to any person other than the person who is

the subject of the criminal records check or the person's representative, the director

of children and youth, the director of a county department of job and family services,

and any court, hearing officer, or other necessary individual involved in a case dealing

with a denial or revocation of licensure, approval, or certification related to the

criminal records check. (C)(1) At the times specified in division (C)(2) of this section, the director of children

and youth shall search the uniform statewide automated child welfare information system

for information concerning any abuse or neglect report made pursuant to section 2151.421 of the Revised Code of which any of the following persons is a subject: (a) Any owner or licensee of a child care center; (b) Any owner or licensee of a type A family child care home or licensed type B family

child care home and any person eighteen years of age or older who resides in the home; (c) Any owner of an approved child day camp; (d) Any director of a licensed preschool program or licensed school child program that

provides publicly funded child care; (e) Any owner or director of an authorized private before and after school care program; (f) Any in-home aide; (g) Any applicant or employee, including an administrator, of a child care center, type

A family child care home, licensed type B family child care home, approved child day

camp, licensed preschool program or licensed school child program that provides publicly

funded child care, or authorized private before and after school care program. (2) The director shall search the information system at the following times: (a) In the case of an owner or licensee of child care center or an owner or licensee

of a type A family child care home or licensed type B family child care home or a

resident of such a home, at the time of initial application for licensure and every

five years thereafter; (b) In the case of an owner of an approved child day camp, at the time of initial application

for approval and every five years thereafter; (c) In the case of a director of a licensed child care program or licensed school child

program, at the time of initial application to provide publicly funded child care

and every five years thereafter; (d) In the case of an owner or director of an authorized private before and after school

care program, at the time of initial application for licensure and every five years

thereafter; (e) In the case of an in-home aide, at the time of initial application for certification

and every five years thereafter; (f) Except as provided in division (C)(2)(g) of this section, in the case of an applicant

or employee, at the time of initial application for employment and every five years

thereafter; (g) In the case of an applicant who has been determined eligible for employment after

a search of the uniform statewide automated child welfare information system within

the past five years and who has been employed by a licensed preschool program or licensed

school child program that provides publicly funded child care, authorized private

before and after school care program, child care center, type A family child care

home, licensed type B family child care home, or approved child day camp within the

past one hundred eighty consecutive days, every five years after the date of the initial

determination. (3) The director shall consider any information discovered pursuant to division (C)(1)

of this section or that is provided by a public children services agency pursuant

to section 5153.175 of the Revised Code .  If the director determines that the information, when viewed within the totality

of the circumstances, reasonably leads to the conclusion that the person may directly

or indirectly endanger the health, safety, or welfare of children, the director of

children and youth or county director of job and family services shall do any of the

following: (a) Refuse to issue a license to or approve a center, type A home, type B home, child

day camp, preschool program, school child program, or authorized private before and

after school care program; (b) Revoke a license or approval; (c) Refuse to certify an in-home aide or revoke a certification; (d) Determine an applicant or employee ineligible for employment with the center, type

A home, licensed type B home, child day camp, preschool program, school child program,

or authorized private before and after school care program. (4) Any information obtained under division (C) of this section is confidential and not

a public record for the purposes of section 149.43 of the Revised Code .  The information shall not be made available to any person other than the person

who is the subject of the search or the person's representative, the director of children

and youth, the director of a county department of job and family services, and any

court, hearing officer, or other necessary individual involved in a case dealing with

a denial or revocation of licensure, approval, or certification related to the search. (D)(1) At the times specified in division (D)(2) of this section, the director of children

and youth shall inspect the state registry of sex offenders and child-victim offenders

established under section 2950.13 of the Revised Code and the national sex offender registry as described in 42 U.S.C. 16901 to determine if any of the following persons is registered or required to be registered

as an offender: (a) Any owner or licensee of a child care center; (b) Any owner or licensee of a type A family child care home or licensed type B family

child care home and any person eighteen years of age or older who resides in the home; (c) Any owner of an approved child day camp; (d) Any director of a licensed preschool program or licensed school child program that

provides publicly funded child care; (e) Any owner or director of an authorized private before and after school care program; (f) Any in-home aide; (g) Any applicant or employee, including an administrator, of a child care center, type

A family child care home, licensed type B family child care home, approved child day

camp, licensed preschool program or licensed school child program that provides publicly

funded child care, or authorized private before and after school care program. (2) The director shall inspect each registry at the following times: (a) In the case of an owner or licensee of child care center or an owner or licensee

of a type A family child care home or type B family child care home or a resident

of such a home, at the time of initial application for licensure and every five years

thereafter; (b) In the case of an owner of an approved child day camp, at the time of initial application

for approval and every five years thereafter; (c) In the case of a director of a licensed child care program or licensed school child

program, at the time of initial application to provide publicly funded child care; (d) In the case of an owner or director of an authorized private before and after school

care program, at the time of initial application for licensure and every five years

thereafter; (e) In the case of an in-home aide, at the time of initial application for certification

and every five years thereafter; (f) Except as provided in division (D)(2)(g) of this section, in the case of an applicant

or employee, at the time of initial application for employment and every five years

thereafter; (g) In the case of an applicant who has been determined eligible for employment after

an inspection of the state registry of sex offenders and child-victim offenders established

under section 2950.13 of the Revised Code and the national sex offender registry as described in 42 U.S.C. 16901 within the past five years and who has been employed by a licensed preschool program

or licensed school child program that provides publicly funded child care, authorized

private before and after school care program, child care center, type A family child

care home, licensed type B family child care home, or approved child day camp within

the past one hundred eighty consecutive days, every five years after the date of the

initial determination. (3) If the director determines that the person is registered or required to be registered

on either registry, the director of children and youth or county director of job and

family services shall do any of the following: (a) Refuse to issue a license to or approve a center, type A home, type B home, child

day camp, preschool program, school child program, or authorized private before and

after school care program; (b) Revoke a license or approval; (c) Refuse to certify an in-home aide or revoke a certification; (d) Determine an applicant or employee ineligible for employment with the center, type

A home, licensed type B home, child day camp, preschool program, school child program,

or authorized private before and after school care program. (4) Any information obtained under division (D) of this section is confidential and not

a public record for the purposes of section 149.43 of the Revised Code .  The information shall not be made available to any person other than the person

who is the subject of the inspection or the person's representative, the director

of children and youth, the director of a county department of job and family services,

and any court, hearing officer, or other necessary individual involved in a case dealing

with a denial or revocation of licensure, approval, or certification related to the

search. (E) Whenever the director of children and youth determines a person ineligible for employment

under division (B), (C), or (D) of this section, the director shall as soon as practicable

notify the following of that determination:  the licensed preschool program or licensed

school child program that provides publicly funded child care, authorized private

before and after school care program, child care center, type A family child care

home, licensed type B family child care home, or approved child day camp that is considering

the person for appointment or employment.  A licensed preschool program or licensed school child program that provides publicly

funded child care, authorized private before and after school care program, child

care center, type A family child care home, licensed type B family child care home,

or approved child day camp shall not employ a person who is determined under this

section to be ineligible for employment. (F)(1) An administrator of a child day camp, other than an approved child day camp shall

request the superintendent of the bureau of criminal identification and investigation

to conduct a criminal records check for any applicant or employee, including an administrator,

of the child day camp.  The request shall be made at the time of initial application for employment and

every five years thereafter. (2) A criminal records check requested at the time of initial application shall include

a request that the superintendent of the bureau of criminal identification and investigation

obtain information from the federal bureau of investigation as part of the criminal

records check for the person, including fingerprint-based checks of national crime

information databases as described in 42 U.S.C. 671 for the person subject to the criminal records check. (3) A criminal records check requested at any time other than the time of initial application

may include a request that the superintendent of the bureau of criminal identification

and investigation obtain information from the federal bureau of investigation as part

of the criminal records check for the person, including fingerprint-based checks of

national crime information databases as described in 42 U.S.C. 671 for the person subject to the criminal records check. (4) With respect to a criminal records check requested under division (F) of this section,

the administrator shall do all of the following: (a) Provide to the applicant or employee a copy of the form prescribed pursuant to division (C)(1) of section 109.572 of the Revised Code and a standard impression sheet to obtain fingerprint impressions prescribed pursuant

to division (C)(2) of that section; (b) Obtain the completed form and impression sheet from the applicant or employee; (c) Forward the completed form and impression sheet to the superintendent of the bureau

of criminal identification and investigation; (d) Review the results of the criminal records check. (5) An applicant or employee who receives from the administrator a copy of the form and

standard impression sheet and who is requested to complete the form and provide a

set of fingerprint impressions shall complete the form or provide all of the information

necessary to complete the form and shall provide the impression sheet with the impressions

of the person's fingerprints.  If the applicant or employee, upon request, fails to provide the information necessary

to complete the form or fails to provide impressions of the person's fingerprints,

the administrator may consider the failure a reason to determine an applicant or employee

ineligible for employment. (6) A child day camp, other than an approved child day camp, may employ an applicant

or continue to employ an employee until the criminal records check required by this

section is completed and the camp receives the results of the check.  Until the administrator has reviewed the results of the criminal records check and

determines that the applicant or employee is eligible for employment, the camp shall

not grant the applicant or employee sole responsibility for the care, custody, or

control of a child.  If the results indicate that the applicant or employee is ineligible for employment,

the camp shall immediately release the applicant or employee from employment. (7) Except as provided in rules adopted under this section, the administrator shall determine

an applicant or employee ineligible for employment if the person has been convicted

of or pleaded guilty to any of the violations described in division (A)(5) of section 109.572 of the Revised Code .  If the applicant or employee is determined ineligible, the child day camp shall

not employ the applicant or employee or contract with another entity for the services

of the applicant or employee. (8) Each child day camp shall pay to the bureau of criminal identification and investigation

the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted in accordance with that section upon a

request made pursuant to division (F) of this section.  A camp may charge an applicant or employee a fee for the costs it incurs in obtaining

a criminal records check under division (F) of this section.  A fee charged under this division shall not exceed the fees the camp pays under

this section.  If a fee is charged, the camp shall notify the applicant at the time of the applicant's

initial application for employment of the amount of the fee and that, unless the fee

is paid, the camp will not consider the applicant for employment. (9) The report of any criminal records check conducted by the bureau of criminal identification

and investigation in accordance with section 109.572 of the Revised Code and pursuant to a request made under division (F) of this section is confidential

and not a public record for the purposes of section 149.43 of the Revised Code .  The report shall not be made available to any person other than the person who is

the subject of the criminal records check or the person's representative, the director

of children and youth, the administrator, and any court, hearing officer, or other

necessary individual involved in a case dealing with a denial or revocation of registration

related to the criminal records check. (G) The director of children and youth shall adopt rules as necessary to implement this

section.  The rules shall be adopted in accordance with Chapter 119. of the Revised Code.  The rules shall specify exceptions to the prohibitions in divisions (B), (E), and

(F) of this section for a person who has been convicted of or pleaded guilty to a

criminal offense listed in division (A)(5) of section 109.572 of the Revised Code but who meets standards in regard to rehabilitation set by the director. (H)(1) Whenever the director of children and youth requests a criminal records check, searches

the uniform statewide automated child welfare information system, or inspects the

state registry of sex offenders and child-victim offenders and national sex offender

registry as required by this section and finds that a person who is subject to the

requirements of division (B), (C), or (D) of this section resided in another state

during the previous five years, the director shall request the following from the

other state:  a criminal records check and information from the uniform statewide

automated child welfare information system or state registry of sex offenders. (2) Whenever the director receives from an agency of another state a request for a criminal

records check or for information from the uniform statewide automated child welfare

information system or state registry of sex offenders that is related to a child care

license or the provision of publicly funded child care, the director shall provide

to that other state's agency the results of the records check and information from

the system and registry.