(a) A violation of section 2903.01, 2903.02, 2903.03, | 23 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 24 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 25 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 26 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 27 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 28 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 29 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 30 |
penetration in violation of former section 2907.12 of the Revised | 31 |
Code, a violation of section 2905.04 of the Revised Code as it | 32 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 33 |
the Revised Code that would have been a violation of section | 34 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 35 |
had the violation been committed prior to that date, or a | 36 |
violation of section 2925.11 of the Revised Code that is not a | 37 |
minor drug possession offense; | 38 |
(2) On receipt of a request pursuant to section 5123.081 of | 43 |
the Revised Code with respect to an applicant for employment in | 44 |
any position with the department of mental retardation and | 45 |
developmental disabilities, pursuant to section 5126.28 of the | 46 |
Revised Code with respect to an applicant for employment in any | 47 |
position with a county board of mental retardation and | 48 |
developmental disabilities, or pursuant to section 5126.281 of the | 49 |
Revised Code with respect to an applicant for employment in a | 50 |
direct services position with an entity contracting with a county | 51 |
board for employment, a completed form prescribed pursuant to | 52 |
division (C)(1) of this section, and a set of fingerprint | 53 |
impressions obtained in the manner described in division (C)(2) of | 54 |
this section, the superintendent of the bureau of criminal | 55 |
identification and investigation shall conduct a criminal records | 56 |
check. The superintendent shall conduct the criminal records check | 57 |
in the manner described in division (B) of this section to | 58 |
determine whether any information exists that indicates that the | 59 |
person who is the subject of the request has been convicted of or | 60 |
pleaded guilty to any of the following: | 61 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 62 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 63 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 64 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 65 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 66 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 67 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 68 |
2925.03, or 3716.11 of the Revised Code; | 69 |
(3) On receipt of a request pursuant to section 173.27, | 74 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 75 |
completed form prescribed pursuant to division (C)(1) of this | 76 |
section, and a set of fingerprint impressions obtained in the | 77 |
manner described in division (C)(2) of this section, the | 78 |
superintendent of the bureau of criminal identification and | 79 |
investigation shall conduct a criminal records check with respect | 80 |
to any person who has applied for employment in a position for | 81 |
which a criminal records check is required by those sections. The | 82 |
superintendent shall conduct the criminal records check in the | 83 |
manner described in division (B) of this section to determine | 84 |
whether any information exists that indicates that the person who | 85 |
is the subject of the request previously has been convicted of or | 86 |
pleaded guilty to any of the following: | 87 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 88 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 89 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 90 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 91 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 92 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 93 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 94 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 95 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 96 |
(4) On receipt of a request pursuant to section 3701.881 of | 100 |
the Revised Code with respect to an applicant for employment with | 101 |
a home health agency as a person responsible for the care, | 102 |
custody, or control of a child, a completed form prescribed | 103 |
pursuant to division (C)(1) of this section, and a set of | 104 |
fingerprint impressions obtained in the manner described in | 105 |
division (C)(2) of this section, the superintendent of the bureau | 106 |
of criminal identification and investigation shall conduct a | 107 |
criminal records check. The superintendent shall conduct the | 108 |
criminal records check in the manner described in division (B) of | 109 |
this section to determine whether any information exists that | 110 |
indicates that the person who is the subject of the request | 111 |
previously has been convicted of or pleaded guilty to any of the | 112 |
following: | 113 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 114 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 115 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 116 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 117 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 118 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 119 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 120 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 121 |
violation of section 2925.11 of the Revised Code that is not a | 122 |
minor drug possession offense; | 123 |
(5) On receipt of a request pursuant to section 5111.032, | 127 |
5111.033, or 5111.034 of the Revised Code, a completed form | 128 |
prescribed pursuant
to division (C)(1) of this section, and a set | 129 |
of fingerprint
impressions obtained in the manner described in | 130 |
division (C)(2) of
this section, the superintendent of the bureau | 131 |
of criminal
identification and investigation shall conduct a | 132 |
criminal records
check. The superintendent shall conduct the | 133 |
criminal records check
in the manner described in division (B) of | 134 |
this
section to
determine whether any information
exists that | 135 |
indicates that the
person who is the subject of the request
| 136 |
previously has been
convicted of, has pleaded guilty to, or has | 137 |
been found eligible
for intervention in lieu of conviction for | 138 |
any of
the following: | 139 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 140 |
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21, | 141 |
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 142 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 143 |
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 144 |
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 145 |
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 146 |
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 147 |
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 148 |
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 149 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 150 |
3716.11 of the Revised Code, felonious sexual penetration in | 151 |
violation of former section 2907.12 of the Revised Code, a | 152 |
violation of section 2905.04 of the Revised Code as it existed | 153 |
prior to July 1, 1996, a violation of section 2919.23 of the | 154 |
Revised Code that would have been a violation of section 2905.04 | 155 |
of the Revised Code as it existed prior to July 1, 1996, had the | 156 |
violation been committed prior to that date; | 157 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 174 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 175 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 176 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 177 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 178 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 179 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 180 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 181 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 182 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 205 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 206 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 207 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 208 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 209 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 210 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 211 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 212 |
violation of section 2905.04 of the Revised Code as it existed | 213 |
prior to July 1, 1996, a violation of section 2919.23 of the | 214 |
Revised Code that would have been a violation of section 2905.04 | 215 |
of the Revised Code as it existed prior to July 1, 1996, had the | 216 |
violation been committed prior to that date, a violation of | 217 |
section 2925.11 of the Revised Code that is not a minor drug | 218 |
possession offense, or felonious sexual penetration in violation | 219 |
of former section 2907.12 of the Revised Code; | 220 |
(9) When conducting a criminal records check on a request | 225 |
pursuant to section 5104.013 of the Revised Code for a person who | 226 |
is an owner, licensee, or administrator of a child day-care center | 227 |
or type A family day-care home, an authorized provider of a | 228 |
certified type B family day-care home, or an adult residing in a | 229 |
type A or certified type B home, or when conducting a criminal | 230 |
records check or a request pursuant to section 5104.012 of the | 231 |
Revised Code for a person who is an applicant for employment in a | 232 |
center, type A home, or certified type B home, the superintendent, | 233 |
in addition to the determination made under division (A)(1) of | 234 |
this section, shall determine whether any information exists that | 235 |
indicates that the person has been convicted of or pleaded guilty | 236 |
to any of the following: | 237 |
(a) A violation of section 2913.02, 2913.03, 2913.04, | 238 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 239 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 240 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 241 |
2921.13, or 2923.01 of the Revised Code, a violation of section | 242 |
2923.02 or 2923.03 of the Revised Code that relates to a crime | 243 |
specified in this division or division (A)(1)(a) of this section, | 244 |
or a second violation of section 4511.19 of the Revised Code | 245 |
within five years of the date of application for licensure or | 246 |
certification. | 247 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 262 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 263 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 264 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 265 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 266 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 267 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 268 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 269 |
felonious sexual penetration in violation of former section | 270 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 271 |
Revised Code as it existed prior to July 1, 1996, a violation of | 272 |
section 2919.23 of the Revised Code that would have been a | 273 |
violation of section 2905.04 of the Revised Code as it existed | 274 |
prior to July 1, 1996, had the violation been committed prior to | 275 |
that date, or a violation of section 2925.11 of the Revised Code | 276 |
that is not a minor drug possession offense; | 277 |
(11) On receipt of a request for a criminal records check | 282 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 283 |
Revised Code, accompanied by a completed copy of the form | 284 |
prescribed in division (C)(1) of this section and a set of | 285 |
fingerprint impressions obtained in a manner described in division | 286 |
(C)(2) of this section, the superintendent of the bureau of | 287 |
criminal identification and investigation shall conduct a criminal | 288 |
records check in the manner described in division (B) of this | 289 |
section to determine whether any information exists indicating | 290 |
that the person who is the subject of the request has been | 291 |
convicted of or pleaded guilty to a felony in this state or in any | 292 |
other state. If the individual indicates that a firearm will be | 293 |
carried in the course of business, the superintendent shall | 294 |
require information from the federal bureau of investigation as | 295 |
described in division (B)(2) of this section. The superintendent | 296 |
shall report the findings of the criminal records check and any | 297 |
information the federal bureau of investigation provides to the | 298 |
director of public safety. | 299 |
(12) On receipt of a request pursuant to section 1322.03, | 300 |
1322.031, or 4763.05 of the Revised Code, a completed form | 301 |
prescribed pursuant to division (C)(1) of this section, and a set | 302 |
of fingerprint impressions obtained in the manner described in | 303 |
division (C)(2) of this section, the superintendent of the bureau | 304 |
of criminal identification and investigation shall conduct a | 305 |
criminal records check with respect to any person who has applied | 306 |
for a license, permit, or certification from the department of | 307 |
commerce or a division in the department. The superintendent shall | 308 |
conduct the criminal records check in the manner described in | 309 |
division (B) of this section to determine whether any information | 310 |
exists that indicates that the person who is the subject of the | 311 |
request previously has been convicted of or pleaded guilty to any | 312 |
of the following: a violation of section 2913.02, 2913.11, | 313 |
2913.31, 2913.51, or 2925.03 of the Revised Code; any other | 314 |
criminal offense involving theft, receiving stolen property, | 315 |
embezzlement, forgery, fraud, passing bad checks, money | 316 |
laundering, or drug trafficking, or any criminal offense involving | 317 |
money or securities, as set forth in Chapters 2909., 2911., 2913., | 318 |
2915., 2921., 2923., and 2925. of the Revised Code; or any | 319 |
existing or former law of this state, any other state, or the | 320 |
United States that is substantially equivalent to those offenses. | 321 |
(13) On receipt of a request for a criminal records check | 322 |
from the treasurer of state under section 113.041 of the Revised | 323 |
Code or
from an individual under section 4701.08,
4715.101, | 324 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, | 325 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281, | 326 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10, | 327 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, | 328 |
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied | 329 |
by
a completed form prescribed under division (C)(1)
of this | 330 |
section
and a set of fingerprint impressions obtained in
the | 331 |
manner
described in division (C)(2) of this section, the | 332 |
superintendent
of the bureau of criminal identification and | 333 |
investigation shall
conduct a criminal records check in the | 334 |
manner described in
division (B) of this section to determine | 335 |
whether any information
exists that indicates that the person who | 336 |
is the subject of the
request has been convicted of or pleaded | 337 |
guilty to any criminal
offense in this state or any other state. | 338 |
The superintendent shall
send the results of a check requested | 339 |
under section 113.041 of the Revised Code to the treasurer of | 340 |
state and shall send the results of a check requested under any of | 341 |
the other listed sections to the licensing board specified by the | 342 |
individual in the request. | 343 |
(14) Not later than thirty days after the date the | 344 |
superintendent receives a request of a type described in
division | 345 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or | 346 |
(12) of this section, the completed form, and
the
fingerprint | 347 |
impressions, the superintendent shall send the person,
board, or | 348 |
entity that made the request any information, other than | 349 |
information the dissemination of which is prohibited by federal | 350 |
law, the superintendent determines exists with respect to the | 351 |
person who is the subject of the request that indicates that the | 352 |
person previously has been convicted of or pleaded guilty to any | 353 |
offense listed or described in division (A)(1), (2), (3), (4), | 354 |
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as | 355 |
appropriate. The superintendent shall send the person, board, or | 356 |
entity that made the request a copy of the list of offenses | 357 |
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8), | 358 |
(9), (10), (11), or (12) of this section, as appropriate. If the | 359 |
request was made under section 3701.881 of the Revised Code with | 360 |
regard to an applicant who may be both responsible for the care, | 361 |
custody, or control of a child and involved in providing direct | 362 |
care to an older adult, the superintendent shall provide a list of | 363 |
the offenses specified in divisions (A)(4) and (6) of this | 364 |
section. | 365 |
(B) The superintendent shall conduct any criminal records | 376 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 377 |
1322.03,
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 378 |
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061, | 379 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14,
4730.28, | 380 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296, | 381 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03, | 382 |
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 383 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 384 |
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 385 |
5126.281, or
5153.111 of the Revised Code as follows: | 386 |
(C)(1) The superintendent shall prescribe a form to obtain | 404 |
the information necessary to conduct a criminal records check from | 405 |
any person for whom a criminal records check is requested under | 406 |
section 113.041 of the Revised Code or required by
section | 407 |
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,
3301.32, | 408 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 409 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501,
4729.071, | 410 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 411 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 412 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, | 413 |
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 414 |
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081, | 415 |
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form | 416 |
that the superintendent
prescribes
pursuant to this division may | 417 |
be in a tangible format,
in an
electronic format, or in both | 418 |
tangible and electronic
formats. | 419 |
(2) The superintendent shall prescribe standard impression | 420 |
sheets to obtain the fingerprint impressions of any person for | 421 |
whom a criminal records check is requested under section 113.041 | 422 |
of the Revised Code or required by section 121.08,
173.27, | 423 |
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541,
3319.39, | 424 |
3701.881, 3712.09, 3721.121, 3722.151, 4701.08,
4715.101, | 425 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14, | 426 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 427 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 428 |
4749.03, 4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 429 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 430 |
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28, | 431 |
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a | 432 |
records check is requested under or required by any of
those | 433 |
sections shall obtain the fingerprint impressions at a
county | 434 |
sheriff's office, municipal police department, or any other | 435 |
entity with the ability to make fingerprint impressions on the | 436 |
standard impression sheets prescribed by the superintendent. The | 437 |
office, department, or entity may charge the person a reasonable | 438 |
fee for making the impressions. The standard impression sheets the | 439 |
superintendent prescribes pursuant to this division may be in a | 440 |
tangible format, in an electronic format, or in both tangible and | 441 |
electronic formats. | 442 |
(3) Subject to division (D) of this section, the | 443 |
superintendent shall prescribe and charge a reasonable fee for | 444 |
providing a criminal records check requested under section | 445 |
113.041, 121.08,
173.27, 173.394, 1322.03, 1322.031, 2151.86, | 446 |
3301.32, 3301.541,
3319.39, 3701.881, 3712.09, 3721.121, | 447 |
3722.151, 4701.08, 4715.101, 4717.061, 4725.121,
4725.501, | 448 |
4729.071, 4730.101,
4730.14, 4730.28, 4731.081,
4731.15, | 449 |
4731.171, 4731.222, 4731.281,
4731.296, 4731.531,
4732.091, | 450 |
4734.202, 4740.061, 4741.10, 4749.03, 4749.06,
4755.70, | 451 |
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031, | 452 |
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032, | 453 |
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of | 454 |
the Revised
Code. The
person making a criminal records request | 455 |
under section 113.041,
121.08,
173.27, 173.394, 1322.03, | 456 |
1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881, | 457 |
3712.09, 3721.121, 3722.151,
4701.08, 4715.101,
4717.061, | 458 |
4725.121,
4725.501,
4729.071, 4730.101, 4730.14,
4730.28, | 459 |
4731.081, 4731.15,
4731.171, 4731.222, 4731.281,
4731.296, | 460 |
4731.531, 4732.091,
4734.202, 4740.061, 4741.10,
4749.03, | 461 |
4749.06,
4755.70,
4757.101, 4759.061, 4760.032,
4760.06, | 462 |
4761.051, 4762.031,
4762.06, 4763.05, 4779.091,
5104.012, | 463 |
5104.013, 5111.033,
5111.034,
5123.081,
5126.28,
5126.281, or | 464 |
5153.111 of the Revised
Code
shall pay the
fee
prescribed | 465 |
pursuant to this division. A
person
making a
request
under | 466 |
section 3701.881 of the Revised Code
for
a criminal
records | 467 |
check for an applicant who may be both
responsible for
the care, | 468 |
custody, or control of a child and
involved in
providing direct | 469 |
care to an older adult shall pay one
fee for the
request. In the | 470 |
case of a request under section
5111.032 of the
Revised Code, | 471 |
the fee shall be paid in the manner
specified in
that section. | 472 |
(D) A determination whether any information exists that | 478 |
indicates that a person previously has been convicted of or | 479 |
pleaded guilty to any offense listed or described in division | 480 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 481 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or | 482 |
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this | 483 |
section, or that indicates that
a person previously has been | 484 |
convicted of or pleaded guilty to any
criminal offense in this | 485 |
state or any other state regarding a
criminal records check of a | 486 |
type described in division (A)(13) of
this section, and
that is | 487 |
made by the superintendent with respect to
information | 488 |
considered in a criminal records check in accordance
with this | 489 |
section is valid for the person who is the subject of
the | 490 |
criminal
records check for a period of one year from the date | 491 |
upon which
the superintendent makes the determination. During the | 492 |
period in
which the determination in regard to a person is valid, | 493 |
if another
request under this section is made for a criminal | 494 |
records check
for that person, the superintendent shall provide | 495 |
the information
that is the basis for the superintendent's | 496 |
initial determination
at a lower fee than the fee prescribed for | 497 |
the initial criminal
records check. | 498 |
(B) If a person subject to a criminal records check
does not | 532 |
present proof that the person has been a resident of
this state | 533 |
for
the five-year period
immediately prior to the date upon which | 534 |
the criminal records
check is requested or does not provide | 535 |
evidence that within that
five-year period the superintendent of | 536 |
BCII has requested
information
about the
person from the federal | 537 |
bureau of investigation in a criminal
records check, the | 538 |
appointing or hiring officer,
administrative
director, or attorney | 539 |
shall request that the superintendent
of BCII obtain information | 540 |
from the federal bureau of investigation as a part of the
criminal | 541 |
records check. If the person subject to the criminal
records check | 542 |
presents proof that the person has been a resident of
this state | 543 |
for
that five-year period, the
officer, director, or
attorney may | 544 |
request that
the superintendent of BCII include information from | 545 |
the
federal bureau of
investigation in the criminal records check. | 546 |
Any person subject to a criminal records
check who receives | 558 |
pursuant to this division
a copy of the form prescribed pursuant | 559 |
to
division (C)(1) of section 109.572 of the Revised Code and a | 560 |
copy
of an impression sheet prescribed pursuant to division (C)(2) | 561 |
of
that section and who is requested to complete the form and | 562 |
provide a set of fingerprint impressions shall complete the form | 563 |
or provide all the information necessary to complete the form and | 564 |
shall provide the impression sheet with the impressions of the | 565 |
person's
fingerprints. If
a person subject to a criminal records | 566 |
check, upon request, fails to provide the
information necessary to | 567 |
complete the form or fails to provide
impressions of the person's | 568 |
fingerprints, the appointing or hiring officer shall not
appoint | 569 |
or employ
the person as a person
responsible for a child's care in | 570 |
out-of-home care, a probate court may not
issue a final decree of | 571 |
adoption or an interlocutory order of adoption making
the person | 572 |
an adoptive parent,
and the department of job and family services | 573 |
shall not issue a
certificate authorizing the
prospective
foster | 574 |
caregiver to operate a
foster
home. | 575 |
(C)(1) No appointing or hiring
officer shall appoint or | 576 |
employ a person as a person
responsible for a child's care in | 577 |
out-of-home care, the department of job and family services shall | 578 |
not issue a certificate under section 5103.03 of the Revised Code | 579 |
authorizing a prospective foster caregiver to operate a foster | 580 |
home,
and no probate court
shall
issue a final decree of adoption | 581 |
or an interlocutory order of adoption making
a person an adoptive | 582 |
parent if the
person or, in the case of a prospective foster | 583 |
caregiver or prospective adoptive parent, any person eighteen | 584 |
years of age or older who resides with the prospective foster | 585 |
caregiver or prospective adoptive parent previously has been | 586 |
convicted of or pleaded guilty to any
of the followingviolations | 587 |
described in division (A)(8) of section 109.572 of the Revised | 588 |
Code, unless the person meets rehabilitation standards
established | 589 |
in rules adopted under division (F) of this
section: | 590 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 591 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 592 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, | 593 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21,
2907.22, 2907.23, | 594 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2909.02, | 595 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 596 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 597 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 598 |
violation of
section 2905.04 of the Revised Code as it existed | 599 |
prior to July 1, 1996, a
violation of section 2919.23 of the | 600 |
Revised Code that would have been a
violation of section 2905.04 | 601 |
of the Revised Code as it existed prior to July
1, 1996, had the | 602 |
violation been committed prior to that date, a
violation of | 603 |
section 2925.11 of the Revised Code that is not a minor drug | 604 |
possession offense, or felonious sexual penetration in violation | 605 |
of former
section 2907.12 of the Revised Code; | 606 |
(D) The appointing or
hiring officer, administrative | 620 |
director, or attorney shall pay to the
bureau
of criminal | 621 |
identification and investigation the fee prescribed
pursuant to | 622 |
division (C)(3) of section 109.572 of the Revised
Code for each | 623 |
criminal records check conducted in accordance with
that section | 624 |
upon a request pursuant to division (A) of this
section. The | 625 |
officer, director, or attorney
may charge the person
subject to | 626 |
the criminal records check a fee
for the costs the officer, | 627 |
director, or attorney incurs in
obtaining the criminal records | 628 |
check. A fee charged under this division shall
not exceed the | 629 |
amount of fees the officer, director, or
attorney pays for the | 630 |
criminal records check. If a fee is
charged under this division, | 631 |
the
officer, director, or attorney shall notify the person
who is | 632 |
the applicant at the time of the person's initial
application for | 633 |
appointment or employment, an adoption to be
arranged, or a | 634 |
certificate to operate a
foster home of the amount of the fee and | 635 |
that, unless the
fee
is paid, the person who is the applicant will | 636 |
not
be considered for appointment or
employment or as an
adoptive | 637 |
parent or foster caregiver. | 638 |
(E) The report of any criminal records check conducted by
the | 639 |
bureau of criminal identification and investigation in
accordance | 640 |
with section 109.572 of the Revised Code and pursuant
to a request | 641 |
made under division (A) of this section is not a
public record for | 642 |
the purposes of section 149.43 of the Revised
Code and shall not | 643 |
be made available to any person other than the
person who is the | 644 |
subject of the criminal records check or
the person's | 645 |
representative;
the appointing or hiring officer, administrative | 646 |
director, or
attorney requesting
the criminal records check
or the | 647 |
officer's, director's, or attorney's representative;
the | 648 |
department of job and
family services or
a county department of | 649 |
job and family services; and any
court, hearing
officer, or other | 650 |
necessary individual involved in a case dealing
with the denial of | 651 |
employment, a final decree of adoption
or interlocutory order of | 652 |
adoption, or a foster
home certificate. | 653 |
(2) If a person under final consideration for employment by a | 737 |
residential camp
does not present proof that the person has been a | 738 |
resident of
this state for
the five-year period
immediately prior | 739 |
to the date upon which the criminal records
check is requested or | 740 |
does not provide evidence that within that
five-year period the | 741 |
superintendent of BCII has requested
information
about the
person | 742 |
from the federal
bureau of investigation in a criminal
records | 743 |
check, the hiring officer shall request that the superintendent
of | 744 |
BCII obtain information
from the federal bureau of investigation | 745 |
as a part of the
criminal records check. If the person presents | 746 |
proof that the person has been a resident of
this state for
that | 747 |
five-year period, the
hiring officer may request that
the | 748 |
superintendent of BCII include information from the
federal bureau | 749 |
of
investigation in the criminal records check. | 750 |
(4) The hiring officer shall pay to the
bureau
of criminal | 787 |
identification and investigation the fee prescribed
pursuant to | 788 |
division (C)(3) of section 109.572 of the Revised
Code for each | 789 |
criminal records check conducted in accordance with
that section | 790 |
upon a request pursuant to division (B)(1) of this
section. The | 791 |
hiring officer
may charge the person
under final consideration for | 792 |
employment by the residential camp a fee
for the costs the | 793 |
officer incurs in
obtaining the criminal
records check. A fee | 794 |
charged under this division shall
not exceed
the amount of fees | 795 |
the officer pays for the
criminal records check. If a fee is | 796 |
charged under this division,
the
officer shall notify the person | 797 |
at the time of the person's
initial
application for employment of | 798 |
the amount of the fee and
that, unless the
fee
is paid, the | 799 |
person will not
be considered
for employment. | 800 |