As Reported by the Committee of Conference 1
123rd General Assembly 4
Regular Session Am. Sub. S. B. No. 187 5
1999-2000 6
SENATORS JOHNSON-WHITE-CUPP-WATTS-LATTA-SPADA-CARNES-RAY- 7
HOTTINGER-ARMBRUSTER-MUMPER-WACHTMANN-KEARNS-HORN- 8
GARDNER-BLESSING-NEIN-DRAKE-OELSLAGER-SCHAFRATH- 9
ESPY-LATELL-DiDONATO-HAGAN-REPRESENTATIVES O'BRIEN-BOYD- 10
TERWILLEGER-PETERSON-ROBERTS-BARRETT-BARNES-PERRY- 11
WIDENER-PATTON-BRITTON-VERICH-BRADING-D. MILLER 12
_________________________________________________________________ 14
A B I L L
To enact sections 109.574, 109.575, 109.576, 17
109.577, 121.401, and 121.402 of the Revised Code 18
to require the Governor's Community Service 19
Council to adopt a set of "recommended best 20
practices" for organizations and entities that 21
provide specified services to children and that 22
have volunteers who regularly have unsupervised
access to children regarding the children and the 23
volunteers, to provide for warnings to such 24
volunteers that they might be subjected to 25
criminal records checks, and to provide for
parental notification in certain circumstances 26
regarding the outcome of criminal records checks 27
of such volunteers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 109.574, 109.575, 109.576, 32
109.577, 121.401, and 121.402 of the Revised Code be enacted to 33
read as follows: 34
Sec. 109.574. AS USED IN SECTIONS 109.574 TO 109.577 OF 36
THE REVISED CODE: 37
(A) "ORGANIZATION OR ENTITY" MEANS A RELIGIOUS, 39
2
CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE 40
INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT 41
PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, 42
SUPERVISION, OR RECREATION TO CHILDREN. 43
(B) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON 45
IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OF THE 46
FOLLOWING APPLIES: 47
(1) NO OTHER PERSON EIGHTEEN YEARS OF AGE OR OLDER IS 49
PRESENT IN THE SAME ROOM WITH THE CHILD. 50
(2) IF OUTDOORS, NO OTHER PERSON EIGHTEEN YEARS OF AGE OR 52
OLDER IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD OR HAS VISUAL 53
CONTACT WITH THE CHILD. 54
Sec. 109.575. AT THE TIME OF A PERSON'S INITIAL 56
APPLICATION TO AN ORGANIZATION OR ENTITY TO BE A VOLUNTEER IN A 57
POSITION IN WHICH THE PERSON ON A REGULAR BASIS WILL HAVE 58
UNSUPERVISED ACCESS TO A CHILD, THE ORGANIZATION OR ENTITY SHALL 59
INFORM THE PERSON THAT, AT ANY TIME, THE PERSON MIGHT BE REQUIRED 60
TO PROVIDE A SET OF IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND 61
A CRIMINAL RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE 62
PERSON. NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF 64
THIS SECTION, EACH ORGANIZATION OR ENTITY SHALL NOTIFY EACH 65
CURRENT VOLUNTEER WHO IS IN A POSITION IN WHICH THE PERSON ON A
REGULAR BASIS HAS UNSUPERVISED ACCESS TO A CHILD THAT, AT ANY 66
TIME, THE VOLUNTEER MIGHT BE REQUIRED TO PROVIDE A SET OF 67
IMPRESSIONS OF THE VOLUNTEER'S FINGERPRINTS AND A CRIMINAL 68
RECORDS CHECK MIGHT BE CONDUCTED WITH RESPECT TO THE VOLUNTEER. 69
Sec. 109.576. (A) IF A PERSON HAS APPLIED TO AN 71
ORGANIZATION OR ENTITY TO BE A VOLUNTEER IN A POSITION IN WHICH 72
THE PERSON ON A REGULAR BASIS HAS UNSUPERVISED ACCESS TO A CHILD, 74
IF THE ORGANIZATION OR ENTITY SUBJECTS THE PERSON TO A CRIMINAL
RECORDS CHECK, IF THE REPORT OF THE RESULTS OF THE CRIMINAL 76
RECORDS CHECK INDICATES THAT THE PERSON HAS BEEN CONVICTED OF OR 77
PLEADED GUILTY TO ANY OF THE OFFENSES DESCRIBED IN DIVISION 78
(A)(1) OF SECTION 109.572 OF THE REVISED CODE, AND IF THE 79
3
ORGANIZATION OR ENTITY ACCEPTS THE PERSON AS A VOLUNTEER IN A 81
POSITION IN WHICH THE PERSON ON A REGULAR BASIS HAS UNSUPERVISED
ACCESS TO A CHILD, THE ORGANIZATION OR ENTITY SHALL NOTIFY THE 82
PARENT OR GUARDIAN OF EACH CHILD FOR WHOM IT PROVIDES SERVICES 83
THAT THE VOLUNTEER HAS BEEN CONVICTED OF ONE OR MORE OF THOSE 84
OFFENSES BUT THAT, NONETHELESS, THE PERSON WILL BE SERVING THE 85
ORGANIZATION OR ENTITY IN THAT POSITION. THE NOTIFICATION 86
REQUIRED BY THIS DIVISION SHALL BE IN WRITING, AND THE 87
ORGANIZATION OR ENTITY SHALL SEND THE NOTICE TO THE PARENT OR 88
GUARDIAN ON THE DATE THE ORGANIZATION OR ENTITY COMMENCES 89
PROVIDING SERVICES TO THE CHILD OR ON THE DATE THE ORGANIZATION 90
OR ENTITY DECIDES TO ACCEPT THE PERSON AS A VOLUNTEER AFTER 91
RECEIVING THE REPORT OF THE RESULTS OF THE CRIMINAL RECORDS 92
CHECK, WHICHEVER IS LATER.
(B) IF A PERSON IS SERVING AN ORGANIZATION OR ENTITY AS A 94
VOLUNTEER IN A POSITION IN WHICH THE PERSON ON A REGULAR BASIS 95
HAS UNSUPERVISED ACCESS TO A CHILD, IF THE ORGANIZATION OR ENTITY
SUBJECTS THE PERSON TO A CRIMINAL RECORDS CHECK, IF THE REPORT OF 96
THE RESULTS OF THE CRIMINAL RECORDS CHECK INDICATES THAT THE 97
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE 98
OFFENSES DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF THE 99
REVISED CODE, AND IF THE ORGANIZATION OR ENTITY RETAINS THE 100
PERSON AS A VOLUNTEER IN THE SAME POSITION OR IN ANY OTHER
POSITION IN WHICH THE PERSON ON A REGULAR BASIS HAS UNSUPERVISED 101
ACCESS TO A CHILD, THE ORGANIZATION OR ENTITY SHALL NOTIFY THE 102
PARENT OR GUARDIAN OF EACH CHILD FOR WHOM IT PROVIDES SERVICES
THAT THE VOLUNTEER HAS BEEN CONVICTED OF ONE OR MORE OF THOSE 103
OFFENSES BUT THAT, NONETHELESS, THE PERSON WILL BE RETAINED BY 104
THE ORGANIZATION OR ENTITY IN THAT POSITION. THE NOTIFICATION 105
REQUIRED BY THIS DIVISION SHALL BE IN WRITING, AND THE 106
ORGANIZATION OR ENTITY SHALL SEND THE NOTICE TO THE PARENT OR 107
GUARDIAN ON THE DATE THE ORGANIZATION OR ENTITY COMMENCES 108
PROVIDING SERVICES TO THE CHILD OR ON THE DATE THE ORGANIZATION 109
OR ENTITY DECIDES TO RETAIN THE PERSON AFTER RECEIVING THE REPORT 110
4
OF THE RESULTS OF THE CRIMINAL RECORDS CHECK, WHICHEVER IS LATER. 111
(C) A NOTIFICATION TO A PARENT OR GUARDIAN OF A CHILD THAT 113
IS REQUIRED BY DIVISION (A) OR (B) OF THIS SECTION SHALL IDENTIFY 114
BY NAME THE PERSON WHO IS ACCEPTED OR RETAINED AS A VOLUNTEER IN 115
A POSITION IN WHICH THE PERSON ON A REGULAR BASIS HAS
UNSUPERVISED ACCESS TO A CHILD, SHALL STATE THE FACT THAT THE 116
PERSON HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF 117
THE OFFENSES DESCRIBED IN DIVISION (A)(1) OF SECTION 109.572 OF 118
THE REVISED CODE, BUT SHALL NOT IDENTIFY THE OFFENSE OR OFFENSES 119
IN QUESTION.
(D) DIVISIONS (A) TO (C) OF THIS SECTION APPLY REGARDING 122
ANY CRIMINAL RECORDS CHECK PERFORMED BY THE BUREAU OF CRIMINAL 123
IDENTIFICATION AND INVESTIGATION PURSUANT TO SECTION 109.57, 124
SECTION 109.572, OR RULES ADOPTED UNDER DIVISION (E) OF SECTION 125
109.57 OF THE REVISED CODE, ANY CRIMINAL RECORDS CHECK PERFORMED 126
IN ANY MANNER BY THE ORGANIZATION OR ENTITY OR ANY OF ITS 127
OFFICERS OR EMPLOYEES, OR ANY CRIMINAL RECORDS CHECK PERFORMED IN 129
ANY MANNER BY ANY PERSON UPON THE REQUEST OF THE ORGANIZATION OR 130
ENTITY OR ANY OF ITS OFFICERS OR EMPLOYEES.
Sec. 109.577. (A) IF AN ORGANIZATION OR ENTITY USES A 133
VOLUNTEER IN A POSITION IN WHICH THE PERSON ON A REGULAR BASIS 134
HAS UNSUPERVISED ACCESS TO A CHILD AND IF THE VOLUNTEER HAS BEEN
SUBJECTED TO A CRIMINAL RECORDS CHECK PERFORMED BY THE BUREAU OF 135
CRIMINAL IDENTIFICATION AND INVESTIGATION PURSUANT TO SECTION 136
109.57, SECTION 109.572, OR RULES ADOPTED UNDER DIVISION (E) OF 137
SECTION 109.57 OF THE REVISED CODE, THE ORGANIZATION OR ENTITY, 138
AND ITS OFFICIALS AND EMPLOYEES, ARE IMMUNE FROM CIVIL LIABILITY 140
THAT MIGHT OTHERWISE BE INCURRED OR IMPOSED FOR ANY DEATH OR ANY 141
INJURY OR LOSS TO PERSON OR PROPERTY THAT IS CAUSED BY ANY ACT OR 142
OMISSION OF THE VOLUNTEER AND THAT RESULTS FROM OR IS RELATED TO 143
THE VOLUNTEER HAVING UNSUPERVISED ACCESS TO A CHILD ON A REGULAR
BASIS. THIS IMMUNITY DOES NOT APPLY TO A PERSON, ORGANIZATION, 144
OR ENTITY THAT HAS IMMUNITY FROM CIVIL LIABILITY IN ACCORDANCE 145
WITH SECTION 9.86, 2744.02, OR 2744.03 OF THE REVISED CODE FOR 147
5
THE GOOD FAITH COMPLIANCE, ATTEMPTED COMPLIANCE, OR FAILURE TO
COMPLY.
(B) THIS SECTION DOES NOT CREATE A NEW CAUSE OF ACTION OR 149
SUBSTANTIVE LEGAL RIGHT AGAINST A PERSON, ORGANIZATION, OR ENTITY 150
AND DOES NOT AFFECT ANY IMMUNITIES FROM CIVIL LIABILITY OR 151
DEFENSES ESTABLISHED BY ANOTHER SECTION OF THE REVISED CODE OR 152
AVAILABLE AT COMMON LAW, TO WHICH A PERSON, ORGANIZATION, OR
ENTITY MAY BE ENTITLED UNDER CIRCUMSTANCES NOT COVERED BY THIS 153
SECTION.
Sec. 121.401. (A) AS USED IN THIS SECTION AND SECTION 155
121.402 OF THE REVISED CODE, "ORGANIZATION OR ENTITY" AND 156
"UNSUPERVISED ACCESS TO A CHILD" HAVE THE SAME MEANINGS AS IN 157
SECTION 109.574 OF THE REVISED CODE.
(B) THE GOVERNOR'S COMMUNITY SERVICE COUNCIL SHALL ADOPT A 159
SET OF "RECOMMENDED BEST PRACTICES" FOR ORGANIZATIONS OR ENTITIES 160
TO FOLLOW WHEN ONE OR MORE VOLUNTEERS OF THE ORGANIZATION OR 161
ENTITY HAVE UNSUPERVISED ACCESS TO ONE OR MORE CHILDREN OR 162
OTHERWISE INTERACT WITH ONE OR MORE CHILDREN. THE "RECOMMENDED 163
BEST PRACTICES" SHALL FOCUS ON, BUT SHALL NOT BE LIMITED TO, THE 164
ISSUE OF THE SAFETY OF THE CHILDREN AND, IN ADDITION, THE 165
SCREENING AND SUPERVISION OF VOLUNTEERS. THE "RECOMMENDED BEST 166
PRACTICES" SHALL INCLUDE AS A RECOMMENDED BEST PRACTICE THAT THE 168
ORGANIZATION OR ENTITY SUBJECT TO A CRIMINAL RECORDS CHECK 169
PERFORMED BY THE BUREAU OF CRIMINAL IDENTIFICATION AND
INVESTIGATION PURSUANT TO SECTION 109.57, SECTION 109.572, OR 170
RULES ADOPTED UNDER DIVISION (E) OF SECTION 109.57 OF THE REVISED 171
CODE, ALL OF THE FOLLOWING:
(1) ALL PERSONS WHO APPLY TO SERVE AS A VOLUNTEER IN A 173
POSITION IN WHICH THE PERSON WILL HAVE UNSUPERVISED ACCESS TO A 174
CHILD ON A REGULAR BASIS. 175
(2) ALL VOLUNTEERS WHO ARE IN A POSITION IN WHICH THE 177
PERSON WILL HAVE UNSUPERVISED ACCESS TO A CHILD ON A REGULAR 178
BASIS AND WHO THE ORGANIZATION OR ENTITY HAS NOT PREVIOUSLY 179
SUBJECTED TO A CRIMINAL RECORDS CHECK PERFORMED BY THE BUREAU OF 180
6
CRIMINAL IDENTIFICATION AND INVESTIGATION. 181
(C) THE SET OF "RECOMMENDED BEST PRACTICES" REQUIRED TO BE 183
ADOPTED BY THIS SECTION ARE IN ADDITION TO THE EDUCATIONAL 184
PROGRAM REQUIRED TO BE ADOPTED UNDER SECTION 121.402 OF THE 185
REVISED CODE.
Sec. 121.402. (A) THE GOVERNOR'S COMMUNITY SERVICE 187
COUNCIL SHALL ESTABLISH AND MAINTAIN AN EDUCATIONAL PROGRAM THAT 188
DOES ALL OF THE FOLLOWING: 189
(1) MAKES AVAILABLE TO PARENTS AND GUARDIANS OF CHILDREN 191
NOTICE ABOUT THE PROVISIONS OF SECTIONS 109.574 TO 109.577, 192
SECTION 121.401, AND SECTION 121.402 OF THE REVISED CODE AND 194
INFORMATION ABOUT HOW TO KEEP CHILDREN SAFE WHEN THEY ARE UNDER 195
THE CARE, CUSTODY, OR CONTROL OF A PERSON OTHER THAN THE PARENT 197
OR GUARDIAN;
(2) MAKES AVAILABLE TO ORGANIZATIONS AND ENTITIES 199
INFORMATION REGARDING THE BEST METHODS OF SCREENING AND 200
SUPERVISING VOLUNTEERS, HOW TO OBTAIN A CRIMINAL RECORDS CHECK OF 201
A VOLUNTEER, CONFIDENTIALITY ISSUES RELATING TO REPORTS OF 202
CRIMINAL RECORDS CHECKS, AND RECORD KEEPING REGARDING THE 203
REPORTS;
(3) MAKES AVAILABLE TO VOLUNTEERS INFORMATION REGARDING 205
THE POSSIBILITY OF BEING SUBJECTED TO A CRIMINAL RECORDS CHECK 207
AND DISPLAYING APPROPRIATE BEHAVIOR TO MINORS; 209
(4) MAKES AVAILABLE TO CHILDREN ADVICE ON PERSONAL SAFETY 211
AND INFORMATION ON WHAT ACTION TO TAKE IF SOMEONE TAKES 212
INAPPROPRIATE ACTION TOWARDS A CHILD. 213
(B) THE PROGRAM SHALL BEGIN MAKING THE MATERIALS DESCRIBED 215
IN THIS SECTION AVAILABLE NOT LATER THAN ONE YEAR AFTER THE 216
EFFECTIVE DATE OF THIS SECTION. 217