To amend sections 109.57 and 109.572 and to enact section 109.574 of the Revised Code to provide, upon the request of a child's parent or guardian, for BCII criminal records checks regarding any person who is an employee or volunteer of a specified type of institution, organization, or local government entity that provides specified services to children and who regularly has unsupervised access to a child.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Sec. 109.57. (A)(1) The superintendent of the bureau of criminal identification and investigation shall procure from wherever procurable and file for record photographs, pictures, descriptions, fingerprints, measurements, and other information that may be pertinent of all persons who have been convicted of committing within this state a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code, of all children under eighteen years of age who have been adjudicated delinquent children for committing within this state an act that would be a felony or an offense of violence if committed by an adult or who have been convicted of or pleaded guilty to committing within this state a felony or an offense of violence, and of all well-known and habitual criminals. The person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and the person in charge of any state institution having custody of a person suspected of having committed a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or any misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code or having custody of a child under eighteen years of age with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall furnish such material to the superintendent of the bureau. Fingerprints, photographs, or other descriptive information of a child who is under eighteen years of age, has not been arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult, has not been adjudicated a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, has not been convicted of or pleaded guilty to committing a felony or an offense of violence, and is not a child with respect to whom there is probable cause to believe that the child may have committed an act that would be a felony or an offense of violence if committed by an adult shall not be procured by the superintendent or furnished by any person in charge of any county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution, except as authorized in section 2151.313 of the Revised Code.

(2) Every clerk of a court of record in this state, other than the supreme court or a court of appeals, shall send to the superintendent of the bureau a weekly report containing a summary of each case involving a felony, involving any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, involving a misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code, or involving an adjudication in a case in which a child under eighteen years of age was alleged to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult. The clerk of the court of common pleas shall include in the report and summary the clerk sends under this division all information described in divisions (A)(2)(a) to (f) of this section regarding a case before the court of appeals that is served by that clerk. The summary shall be written on the standard forms furnished by the superintendent pursuant to division (B) of this section and shall include the following information:

(a) The incident tracking number contained on the standard forms furnished by the superintendent pursuant to division (B) of this section;

(b) The style and number of the case;

(c) The date of arrest;

(d) The date that the person was convicted of or pleaded guilty to the offense, adjudicated a delinquent child for committing the act that would be a felony or an offense of violence if committed by an adult, found not guilty of the offense, or found not to be a delinquent child for committing an act that would be a felony or an offense of violence if committed by an adult, the date of an entry dismissing the charge, an entry declaring a mistrial of the offense in which the person is discharged, an entry finding that the person or child is not competent to stand trial, or an entry of a nolle prosequi, or the date of any other determination that constitutes final resolution of the case;

(e) A statement of the original charge with the section of the Revised Code that was alleged to be violated;

(f) If the person or child was convicted, pleaded guilty, or was adjudicated a delinquent child, the sentence or terms of probation imposed or any other disposition of the offender or the delinquent child.

If the offense involved the disarming of a law enforcement officer or an attempt to disarm a law enforcement officer, the clerk shall clearly state that fact in the summary, and the superintendent shall ensure that a clear statement of that fact is placed in the bureau's records.

(3) The superintendent shall cooperate with and assist sheriffs, chiefs of police, and other law enforcement officers in the establishment of a complete system of criminal identification and in obtaining fingerprints and other means of identification of all persons arrested on a charge of a felony, any crime constituting a misdemeanor on the first offense and a felony on subsequent offenses, or a misdemeanor described in division (A)(1)(a) of section 109.572 of the Revised Code and of all children under eighteen years of age arrested or otherwise taken into custody for committing an act that would be a felony or an offense of violence if committed by an adult. The superintendent also shall file for record the fingerprint impressions of all persons confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution for the violation of state laws and of all children under eighteen years of age who are confined in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution or in any facility for delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, and any other information that the superintendent may receive from law enforcement officials of the state and its political subdivisions.

(4) The superintendent shall carry out Chapter 2950. of the Revised Code with respect to the registration of persons who are convicted of or plead guilty to a sexually oriented offense and with respect to all other duties imposed on the bureau under that chapter.

(B) The superintendent shall prepare and furnish to every county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, community-based correctional facility, halfway house, alternative residential facility, or state correctional institution and to every clerk of a court in this state specified in division (A)(2) of this section standard forms for reporting the information required under division (A) of this section. The standard forms that the superintendent prepares pursuant to this division may be in a tangible format, in an electronic format, or in both tangible formats and electronic formats.

(C) The superintendent may operate a center for electronic, automated, or other data processing for the storage and retrieval of information, data, and statistics pertaining to criminals and to children under eighteen years of age who are adjudicated delinquent children for committing an act that would be a felony or an offense of violence if committed by an adult, criminal activity, crime prevention, law enforcement, and criminal justice, and may establish and operate a statewide communications network to gather and disseminate information, data, and statistics for the use of law enforcement agencies. The superintendent may gather, store, retrieve, and disseminate information, data, and statistics that pertain to children who are under eighteen years of age and that are gathered pursuant to sections 109.57 to 109.61 of the Revised Code together with information, data, and statistics that pertain to adults and that are gathered pursuant to those sections.

(D) The information and materials furnished to the superintendent pursuant to division (A) of this section and information and materials furnished to any board or person under division (F) or (G) of this section are not public records under section 149.43 of the Revised Code.

(E) The attorney general shall adopt rules, in accordance with Chapter 119. of the Revised Code, setting forth the procedure by which a person may receive or release information gathered by the superintendent pursuant to division (A) of this section. A reasonable fee may be charged for this service. If a temporary employment service submits a request for a determination of whether a person the service plans to refer to an employment position has been convicted of or pleaded guilty to an offense listed in division (A)(1), (3), (4), or (5) of section 109.572 of the Revised Code, the request shall be treated as a single request and only one fee shall be charged.

(F)(1) As used in division (F)(2) of this section, "head start agency" means an entity in this state that has been approved to be an agency for purposes of subchapter II of the "Community Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, as amended.

(2)(a) In addition to or in conjunction with any request that is required to be made under section 109.572, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of education of any school district; any county board of mental retardation and developmental disabilities; any entity under contract with a county board of mental retardation and developmental disabilities; the chief administrator of any chartered nonpublic school; the chief administrator of any home health agency; the chief administrator of or person operating any child day-care center, type A family day-care home, or type B family day-care home licensed or certified under Chapter 5104. of the Revised Code; the administrator of any type C family day-care home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st general assembly; the chief administrator of any head start agency; or the executive director of a public children services agency may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied for employment in any position after October 2, 1989, or any individual wishing to apply for employment with a board of education may request, with regard to the individual, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, upon request of the person, board, or entity requesting information, also shall request from the federal bureau of investigation any criminal records it has pertaining to that individual. Within thirty days of the date that the superintendent receives a request, the superintendent shall send to the board, entity, or person a report of any information that the superintendent determines exists, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the board, entity, or person a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.

(b) When a board of education is required to receive information under this section as a prerequisite to employment of an individual pursuant to section 3319.39 of the Revised Code, it may accept a certified copy of records that were issued by the bureau of criminal identification and investigation and that are presented by an individual applying for employment with the district in lieu of requesting that information itself. In such a case, the board shall accept the certified copy issued by the bureau in order to make a photocopy of it for that individual's employment application documents and shall return the certified copy to the individual. In a case of that nature, a district only shall accept a certified copy of records of that nature within one year after the date of their issuance by the bureau.

(3) The state board of education may request, with respect to any individual who has applied for employment after October 2, 1989, in any position with the state board or the department of education, any information that a school district board of education is authorized to request under division (F)(2) of this section, and the superintendent of the bureau shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.

(4) When the superintendent of the bureau receives a request for information that is authorized under section 3319.291 of the Revised Code, the superintendent shall proceed as if the request has been received from a school district board of education under division (F)(2) of this section.

(5) When a recipient of an OhioReads classroom or community reading grant paid under section 3301.86 or 3301.87 of the Revised Code or an entity approved by the OhioReads council requests, with respect to any individual who applies to participate in providing any program or service through an entity approved by the OhioReads council or funded in whole or in part by the grant, the information that a school district board of education is authorized to request under division (F)(2)(a) of this section, the superintendent of the bureau shall proceed as if the request has HAD been received from a school district board of education under division (F)(2)(a) of this section.

(6) WHEN A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTS, PURSUANT TO SECTION 109.574 of the Revised Code AND WITH RESPECT TO ANY CURRENT EMPLOYEE OR VOLUNTEER OF THE INSTITUTION, ORGANIZATION, OR ENTITY AS DESCRIBED IN THAT SECTION, THE INFORMATION THAT A SCHOOL DISTRICT BOARD OF EDUCATION IS AUTHORIZED TO REQUEST UNDER DIVISION (F)(2)(a) OF THIS SECTION, THE SUPERINTENDENT OF THE BUREAU SHALL PROCEED AS IF THE REQUEST HAD BEEN RECEIVED FROM A SCHOOL DISTRICT BOARD OF EDUCATION UNDER DIVISION (F)(2)(a) OF THIS SECTION, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE BY SECTION 109.574 of the Revised Code.

(G) In addition to or in conjunction with any request that is required to be made under section 173.41, 3701.881, 3712.09, 3721.121, or 3722.151 of the Revised Code with respect to an individual who has applied for employment in a position that involves providing direct care to an older adult, the chief administrator of a PASSPORT agency that provides services through the PASSPORT program created under section 173.40 of the Revised Code, home health agency, hospice care program, home licensed under Chapter 3721. of the Revised Code, adult day-care program operated pursuant to rules adopted under section 3721.04 of the Revised Code, or adult care facility may request that the superintendent of the bureau investigate and determine, with respect to any individual who has applied after January 27, 1997, for employment in a position that does not involve providing direct care to an older adult, whether the bureau has any information gathered under division (A) of this section that pertains to that individual. On receipt of the request, the superintendent shall determine whether that information exists and, on request of the administrator requesting information, shall also request from the federal bureau of investigation any criminal records it has pertaining to that individual. Within thirty days of the date a request is received, the superintendent shall send to the administrator a report of any information determined to exist, including information contained in records that have been sealed under section 2953.32 of the Revised Code, and, within thirty days of its receipt, shall send the administrator a report of any information received from the federal bureau of investigation, other than information the dissemination of which is prohibited by federal law.

(H) Information obtained by a board, administrator, or other person under this section is confidential and shall not be released or disseminated.

(I) The superintendent may charge a reasonable fee for providing information or criminal records under division (F)(2) or (G) of this section.

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013, or 5153.111 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, felonious sexual penetration in violation of former section 2907.12 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) A violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(1)(a) of this section.

(2) On receipt of a request pursuant to section 5126.28 of the Revised Code with respect to an applicant for employment in any position with a county board of mental retardation and developmental disabilities or pursuant to section 5126.281 of the Revised Code with respect to an applicant for employment in a position with an entity contracting with a county board for employment in a position that involves providing service directly to individuals with mental retardation and developmental disabilities, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(2)(a) of this section.

(3) On receipt of a request pursuant to section 173.41, 3712.09, 3721.121, or 3722.151 of the Revised Code, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check with respect to any person who has applied for employment in a position that involves providing direct care to an older adult. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(3)(a) of this section.

(4) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency as a person responsible for the care, custody, or control of a child, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(4)(a) of this section.

(5) On receipt of a request pursuant to section 3701.881 of the Revised Code with respect to an applicant for employment with a home health agency in a position that involves providing direct care to an older adult, a completed form prescribed pursuant to division (C)(1) of this section, and a set of fingerprint impressions obtained in the manner described in division (C)(2) of this section, the superintendent of the bureau of criminal identification and investigation shall conduct a criminal records check. The superintendent shall conduct the criminal records check in the manner described in division (B) of this section to determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any of the following:

(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the Revised Code;

(b) An existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in division (A)(5)(a) of this section.

(6) When conducting a criminal records check upon a request pursuant to section 3319.39 of the Revised Code for an applicant who is a teacher, the superintendent shall determine whether any information exists that indicates that the person who is the subject of the request previously has been convicted of or pleaded guilty to any offense specified in section 3319.31 of the Revised Code.

(7) Not later than thirty days after the date the superintendent receives the request, completed form, and fingerprint impressions, the superintendent shall send the person who made the request any information, other than information the dissemination of which is prohibited by federal law, the superintendent determines exists with respect to the person who is the subject of the request that indicates that the person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1), (2), (3), (4), or (5) of this section. The superintendent shall send the person who made the request a copy of the list of offenses specified in division (A)(1), (2), (3), (4), or (5) of this section. If the request was made under section 3701.881 of the Revised Code with regard to an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult, the superintendent shall provide a list of the offenses specified in divisions (A)(4) and (5) of this section.

(B) The superintendent shall conduct any criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code as follows:

(1) The superintendent shall review or cause to be reviewed any relevant information gathered and compiled by the bureau under division (A) of section 109.57 of the Revised Code that relates to the person who is the subject of the request, including any relevant information contained in records that have been sealed under section 2953.32 of the Revised Code;

(2) If the request received by the superintendent asks for information from the federal bureau of investigation, the superintendent shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the request and shall review or cause to be reviewed any information the superintendent receives from that bureau.

(C)(1) The superintendent shall prescribe a form to obtain the information necessary to conduct a criminal records check from any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code. THE FORM THAT THE SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND ELECTRONIC FORMATS.

(2) The superintendent shall prescribe standard impression sheets to obtain the fingerprint impressions of any person for whom a criminal records check is required by section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code. Any person for whom a records check is required by any of those sections shall obtain the fingerprint impressions at a county sheriff's office, municipal police department, or any other entity with the ability to make fingerprint impressions on the standard impression sheets prescribed by the superintendent. The office, department, or entity may charge the person a reasonable fee for making the impressions. THE STANDARD IMPRESSION SHEETS THAT THE SUPERINTENDENT PRESCRIBES PURSUANT TO THIS DIVISION MAY BE IN A TANGIBLE FORMAT, IN AN ELECTRONIC FORMAT, OR IN BOTH TANGIBLE AND ELECTRONIC FORMATS.

(3) Subject to division (D) of this section, the superintendent shall prescribe and charge a reasonable fee for providing a criminal records check requested under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code. The person making a criminal records request under section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5126.28, 5126.281, or 5153.111 of the Revised Code shall pay the fee prescribed pursuant to this division. A person making a request under section 3701.881 of the Revised Code for a criminal records check for an applicant who may be both responsible for the care, custody, or control of a child and involved in providing direct care to an older adult shall pay one fee for the request.

(D) A determination whether any information exists that indicates that a person previously has been convicted of or pleaded guilty to any offense listed or described in division (A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or (b), or (A)(5)(a) or (b) of this section that is made by the superintendent with respect to information considered in a criminal records check in accordance with this section is valid for the person who is the subject of the criminal records check for a period of one year from the date upon which the superintendent makes the determination. During the period in which the determination in regard to a person is valid, if another request under this section is made for a criminal records check for that person, the superintendent shall provide the information that is the basis for the superintendent's initial determination at a lower fee than the fee prescribed for the initial criminal records check.

(E) As used in this section:

(1) "Criminal records check" means any criminal records check conducted by the superintendent of the bureau of criminal identification and investigation in accordance with division (B) of this section.

(2) "Minor drug possession offense" has the same meaning as in section 2925.01 of the Revised Code.

(3) "Older adult" means a person age sixty or older.

Sec. 109.574. (A) AS USED IN THIS SECTION:

(1) "CURRENT EMPLOYEE OR VOLUNTEER" MEANS ANY PERSON WHO, AT THE TIME IN QUESTION AND REGARDLESS OF WHETHER THE PERSON COMMENCED THE PERSON'S EMPLOYMENT OR VOLUNTEER STATUS PRIOR TO, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION, IS EMPLOYED ON A FULL-TIME OR PART-TIME BASIS, OR IS A VOLUNTEER ON A FULL-TIME OR PART-TIME BASIS, IN ANY POSITION THAT ENABLES THE PERSON ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD.

(2) "CRIMINAL RECORDS CHECK" HAS THE SAME MEANING AS IN SECTION 109.572 of the Revised Code.

(3) "UNSUPERVISED ACCESS TO A CHILD" MEANS THAT THE PERSON IN QUESTION HAS ACCESS TO A CHILD AND THAT EITHER OR BOTH OF THE FOLLOWING APPLY:

(a) NO OTHER PERSON OVER EIGHTEEN YEARS OF AGE IS PRESENT IN THE SAME ROOM WITH THE CHILD, OR, IF OUTDOORS, NO OTHER PERSON IS WITHIN A THIRTY-YARD RADIUS OF THE CHILD.

(b) THE PERSON IN QUESTION ESTABLISHES OR ATTEMPTS TO ESTABLISH A RELATIONSHIP OF TRUST WITH THE CHILD.

(B)(1)(a) SUBJECT TO DIVISION (G) OF THIS SECTION, A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, SUPERVISION, OR RECREATION TO CHILDREN SHALL REQUEST THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT, IN ACCORDANCE WITH DIVISION (F)(6) OF SECTION 109.57 of the Revised Code, A CRIMINAL RECORDS CHECK WITH RESPECT TO ANY CURRENT EMPLOYEE OR VOLUNTEER OF THE INSTITUTION, ORGANIZATION, OR ENTITY WHO ON A REGULAR BASIS HAS UNSUPERVISED ACCESS TO A CHILD IF BOTH OF THE FOLLOWING APPLY:

(i) A PARENT OR GUARDIAN OF A CHILD FOR WHOM THE INSTITUTION, ORGANIZATION, OR LOCAL GOVERNMENT ENTITY PROVIDES SERVICES MAKES A WRITTEN REQUEST TO THE INSTITUTION, ORGANIZATION, OR ENTITY THAT A CRIMINAL RECORDS CHECK BE CONDUCTED WITH RESPECT TO THAT EMPLOYEE OR VOLUNTEER.

(ii) THE PARENT OR GUARDIAN PAYS THE FEE IDENTIFIED IN DIVISION (D) OF THIS SECTION.

(b) THE REQUEST FOR A CRIMINAL RECORDS CHECK THAT A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY IS REQUIRED TO MAKE UNDER DIVISION (B)(1)(a)OF THIS SECTION SHALL CONSIST OF A REQUEST FOR THE INFORMATION A SCHOOL DISTRICT BOARD OF EDUCATION MAY REQUEST UNDER DIVISION (F)(2)(a) OF SECTION 109.57 of the Revised Code AND SHALL BE ACCOMPANIED BY THE FORM AND STANDARD IMPRESSION SHEET PRESCRIBED BY THE BUREAU OF IDENTIFICATION AND INVESTIGATION UNDER DIVISION (C) OF SECTION 109.572 of the Revised Code.

(c) IF THE CURRENT EMPLOYEE OR VOLUNTEER IN RELATION TO WHOM A REQUEST IS TO BE MADE UNDER DIVISION (B)(1) OF THIS SECTION DOES NOT PRESENT PROOF THAT THE CURRENT EMPLOYEE OR VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE FOR THE FIVE-YEAR PERIOD IMMEDIATELY PRIOR TO THE DATE UPON WHICH THE CRIMINAL RECORDS CHECK IS REQUESTED OR DOES NOT PROVIDE EVIDENCE THAT WITHIN THAT FIVE-YEAR PERIOD THE SUPERINTENDENT HAS REQUESTED INFORMATION ABOUT THE CURRENT EMPLOYEE OR VOLUNTEER FROM THE FEDERAL BUREAU OF INVESTIGATION IN A CRIMINAL RECORDS CHECK, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY MAKING THE REQUEST SHALL REQUEST THAT THE SUPERINTENDENT OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF THE CRIMINAL RECORDS CHECK FOR THE CURRENT EMPLOYEE OR VOLUNTEER. IF THE CURRENT EMPLOYEE OR VOLUNTEER PRESENTS PROOF THAT THE CURRENT EMPLOYEE OR VOLUNTEER HAS BEEN A RESIDENT OF THIS STATE FOR THAT FIVE-YEAR PERIOD, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY MAY REQUEST THAT THE SUPERINTENDENT OBTAIN INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION AS PART OF THE CRIMINAL RECORDS CHECK.

(d)THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION SHALL PERFORM A CRIMINAL RECORDS CHECK REQUESTED UNDER DIVISION (B)(1)(a) OF THIS SECTION IN ACCORDANCE WITH DIVISION (F)(6) OF SECTION 109.57 of the Revised Code.

(2) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUIRED BY DIVISION (B)(1)(a)OF THIS SECTION TO REQUEST A CRIMINAL RECORDS CHECK SHALL PROVIDE TO EACH CURRENT EMPLOYEE OR VOLUNTEER IN RELATION TO WHOM A REQUEST IS MADE UNDER DIVISION (B)(1)(a)OF THIS SECTION FOR A CRIMINAL RECORDS CHECK A COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE REVISED CODE, PROVIDE TO THAT CURRENT EMPLOYEE OR VOLUNTEER A STANDARD IMPRESSION SHEET TO OBTAIN FINGERPRINT IMPRESSIONS PRESCRIBED PURSUANT TO DIVISION (C)(2) OF THAT SECTION, OBTAIN THE COMPLETED FORM AND IMPRESSION SHEET FROM THAT CURRENT EMPLOYEE OR VOLUNTEER, AND FORWARD THE COMPLETED FORM AND IMPRESSION SHEET TO THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE TIME THE INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS A CRIMINAL RECORDS CHECK PURSUANT TO DIVISION (B)(1)(a) OF THIS SECTION WITH RESPECT TO THAT CURRENT EMPLOYEE OR VOLUNTEER.

(3) ANY CURRENT EMPLOYEE OR VOLUNTEER WHO RECEIVES PURSUANT TO DIVISION (B)(2) OF THIS SECTION A COPY OF THE FORM PRESCRIBED PURSUANT TO DIVISION (C)(1) OF SECTION 109.572 OF THE REVISED CODE AND A COPY OF AN IMPRESSION SHEET PRESCRIBED PURSUANT TO DIVISION (C)(2) OF THAT SECTION 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 CURRENT EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS. IF A CURRENT EMPLOYEE OR VOLUNTEER, UPON REQUEST, FAILS TO PROVIDE THE INFORMATION NECESSARY TO COMPLETE THE FORM OR FAILS TO PROVIDE IMPRESSIONS OF THE CURRENT EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY PROMPTLY SHALL REMOVE THE CURRENT EMPLOYEE OR VOLUNTEER FROM ANY POSITION THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD.

(C)(1) EXCEPT AS PROVIDED IN DIVISION (C)(3) OF THIS SECTION, A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT TO DIVISION (B) OF THIS SECTION PROMPTLY SHALL REMOVE THE CURRENT EMPLOYEE OR VOLUNTEER IDENTIFIED IN THE REQUEST FROM ANY POSITION THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD IF THE INFORMATION REQUESTED UNDER THIS SECTION FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION INDICATES THAT THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE FOLLOWING OFFENSES:

(a) ANY OFFENSE UNDER THE LAW OF THIS STATE THAT IS A FELONY OR ANY OFFENSE UNDER A FORMER LAW OF THIS STATE THAT WAS A FELONY AT THE TIME IT WAS COMMITTED;

(b) ANY OFFENSE COMMITTED UNDER THE LAW OF A STATE OTHER THAN THIS STATE OR UNDER THE LAW OF THE UNITED STATES THAT, IF COMMITTED IN THIS STATE, WOULD BE A FELONY UNDER THE LAW OF THIS STATE;

(c) ANY SEXUALLY ORIENTED OFFENSE, AS DEFINED IN SECTION 2950.01 OF THE REVISED CODE, OTHER THAN A VIOLATION OF SECTION 2905.03 of the Revised Code, COMMITTED UNDER THE LAW OF THIS STATE, ANOTHER STATE, OR THE UNITED STATES.

(2) UPON RECEIPT OF A NOTIFICATION OF THE RESULTS OF A CRIMINAL RECORDS CHECK FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION THAT WAS REQUESTED PURSUANT TO DIVISION (B) OF THIS SECTION, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT RECEIVES THE NOTIFICATION PROMPTLY SHALL NOTIFY THE PARENT OR GUARDIAN WHO REQUESTED THE CHECK WHETHER THE CHECK SHOWED, OR DID NOT SHOW, THAT THE CURRENT EMPLOYEE OR VOLUNTEER WHO IS THE SUBJECT OF THE CHECK PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OF THE OFFENSES LISTED IN DIVISION (C)(1) OF THIS SECTION. IF THE CHECK SHOWED THAT THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THOSE OFFENSES, THE NOTIFICATION TO THE PARENT OR GUARDIAN SHALL STATE THE FACT OF THE CONVICTION OR GUILTY PLEA BUT SHALL NOT IDENTIFY THE OFFENSE OR OFFENSES. IF THE CURRENT EMPLOYEE OR VOLUNTEER WAS HIRED OR ACCEPTED AS A VOLUNTEER TO THE POSITION THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD AS A RESULT OF THE CURRENT EMPLOYEE OR VOLUNTEER SATISFYING APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY AS DESCRIBED IN DIVISION (C)(3) OF THIS SECTION, THE NOTIFICATION ALSO SHALL STATE THAT FACT AND THAT THE LAW DOES NOT REQUIRE THE REMOVAL OF THE CURRENT OFFICER OR EMPLOYEE FROM THE POSITION THAT ENABLES THE CURRENT OFFICER OR EMPLOYEE ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD. IF THE PARENT OR GUARDIAN OF MORE THAN ONE CHILD REQUESTED A CHECK REGARDING THE SAME CURRENT EMPLOYEE OR VOLUNTEER, THE INSTITUTION, ORGANIZATION, OR ENTITY SHALL PROVIDE THE NOTIFICATION UNDER THIS DIVISION TO EACH REQUESTING PARENT OR GUARDIAN. THIS SECTION DOES NOT REQUIRE THE INSTITUTION, ORGANIZATION, OR ENTITY TO TRANSFER, TERMINATE THE EMPLOYMENT OR VOLUNTEER STATUS, OR IMPOSE ANY OTHER SANCTION, OTHER THAN THE SANCTION DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, AGAINST A CURRENT EMPLOYEE OR VOLUNTEER WHO IS THE SUBJECT OF A CRIMINAL RECORDS CHECK IF THE CHECK SHOWED THAT THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ONE OR MORE OF THE OFFENSES LISTED IN DIVISION (C)(1) OF THIS SECTION.

(3) A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT REQUESTS A CRIMINAL RECORDS CHECK PURSUANT TO DIVISION (B) OF THIS SECTION AND THAT RECEIVES INFORMATION FROM THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION PURSUANT TO THE REQUEST THAT INDICATES THAT THE CURRENT EMPLOYEE OR VOLUNTEER IDENTIFIED IN THE REQUEST PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE IDENTIFIED IN DIVISION (C)(1) OF THIS SECTION IS NOT REQUIRED TO REMOVE THE CURRENT EMPLOYEE OR VOLUNTEER FROM A POSITION THAT ENABLES THE CURRENT EMPLOYEE OR VOLUNTEER ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD IF THE CURRENT EMPLOYEE OR VOLUNTEER WAS HIRED OR ACCEPTED AS A VOLUNTEER FOR THAT POSITION AS A RESULT OF THE CURRENT OFFICER OR EMPLOYEE SATISFYING APPLICABLE REHABILITATION STANDARDS OR PERSONAL CHARACTER STANDARDS ADOPTED BY THE APPROPRIATE REGULATORY ENTITY PURSUANT TO DIVISION (E) OF SECTION 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, OR 5153.111 of the Revised Code, DIVISION (F) OF SECTION 173.41, 3701.881, 3712.09, 3721.121, OR 3722.151 of the Revised Code, DIVISION (G) OF SECTION 5104.013 of the Revised Code, OR DIVISION (M) OF SECTION 5126.28 of the Revised Code.

(D)(1) A WRITTEN REQUEST FOR A CRIMINAL RECORDS CHECK SUBMITTED BY A PARENT OR GUARDIAN UNDER DIVISION (B) OF THIS SECTION MAY IDENTIFY MORE THAN ONE CURRENT EMPLOYEE OR VOLUNTEER FOR WHOM THE CHECK IS REQUESTED.

(2) IF A PARENT OR GUARDIAN OF A CHILD SUBMITS A WRITTEN REQUEST UNDER DIVISION (B) OF THIS SECTION FOR A CRIMINAL RECORDS CHECK OF ANY CURRENT EMPLOYEE OR VOLUNTEER, THE PARENT OR GUARDIAN, AT THE TIME OF SUBMITTING THE REQUEST, SHALL PAY TO THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY TO WHICH THE REQUEST WAS SUBMITTED THE FEE, IF ANY, PRESCRIBED PURSUANT TO DIVISION (I) OF SECTION 109.57 OF THE REVISED CODE. THE PARENT OR GUARDIAN SHALL PAY A SEPARATE FEE FOR EACH WRITTEN REQUEST SO SUBMITTED OR, IF MORE THAN ONE CURRENT EMPLOYEE OR VOLUNTEER IS IDENTIFIED ON A WRITTEN REQUEST SO SUBMITTED, FOR EACH CURRENT EMPLOYEE OR VOLUNTEER SO IDENTIFIED ON THE WRITTEN REQUEST. THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY TO WHICH THE REQUEST WAS SUBMITTED SHALL FORWARD EACH FEE PAID IN RELATION TO THE REQUEST TO THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION AT THE SAME TIME THAT THE INSTITUTION, ORGANIZATION, OR ENTITY REQUESTS THE SUPERINTENDENT OF THE BUREAU, PURSUANT TO DIVISION (B) OF THIS SECTION, TO CONDUCT A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEES OR VOLUNTEERS IDENTIFIED IN THE REQUEST.

(E) THE REPORT OF ANY CRIMINAL RECORDS CHECK CONDUCTED BY THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION PURSUANT TO A REQUEST MADE UNDER DIVISION (B) OF THIS SECTION IS NOT A PUBLIC RECORD FOR THE PURPOSES OF SECTION 149.43 OF THE REVISED CODE AND SHALL NOT BE MADE AVAILABLE TO ANY PERSON OTHER THAN THE CURRENT EMPLOYEE OR VOLUNTEER TO WHOM IT PERTAINS, THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTING THE CRIMINAL RECORDS CHECK, AND ANY COURT, HEARING OFFICER, OR OTHER NECESSARY INDIVIDUAL INVOLVED IN A CASE DEALING WITH THE CURRENT EMPLOYEE OR VOLUNTEER. THIS DIVISION DOES NOT LIMIT OR RESTRICT THE PROVISION OF INFORMATION PURSUANT TO DIVISION (C)(2) OR (G)(2) OF THIS SECTION TO A PARENT OR GUARDIAN WHO MADE A REQUEST FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE OR VOLUNTEER.

(F) AT THE TIME OF A PERSON'S INITIAL APPLICATION TO ANY RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY FOR APPOINTMENT OR EMPLOYMENT ON A FULL-TIME OR PART-TIME BASIS, OR AS A VOLUNTEER ON A FULL-TIME OR PART-TIME BASIS, IN ANY POSITION THAT WILL ENABLE THE PERSON ON A REGULAR BASIS TO HAVE UNSUPERVISED ACCESS TO A CHILD, THE INSTITUTION, ORGANIZATION, OR ENTITY SHALL INFORM THE PERSON THAT, IF THE PERSON IS APPOINTED OR EMPLOYED TO OR ACCEPTED AS A VOLUNTEER IN THE POSITION, THE PERSON SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE PERSON'S FINGERPRINTS AND A CRIMINAL RECORDS CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH RESPECT TO THE PERSON IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION. NOT LATER THAN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, EACH RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, SUPERVISION, OR RECREATION TO CHILDREN SHALL NOTIFY EACH CURRENT EMPLOYEE OR VOLUNTEER THAT THE CURRENT EMPLOYEE OR VOLUNTEER SUBSEQUENTLY MIGHT BE REQUIRED TO PROVIDE A SET OF IMPRESSIONS OF THE CURRENT EMPLOYEE'S OR VOLUNTEER'S FINGERPRINTS AND THAT A CRIMINAL RECORDS CHECK SUBSEQUENTLY MIGHT BE CONDUCTED WITH RESPECT TO THE CURRENT EMPLOYEE OR VOLUNTEER IN ACCORDANCE WITH DIVISION (B) OF THIS SECTION.

(G)(1) DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY REGARDING ANY CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, SUPERVISION, OR RECREATION TO CHILDREN IF, WITHIN THE TWELVE-MONTH PERIOD PRECEDING THE MAKING OF A REQUEST BY A PARENT OR GUARDIAN FOR A CRIMINAL RECORDS CHECK OF THE CURRENT EMPLOYEE OR VOLUNTEER PURSUANT TO DIVISION (B) OF THIS SECTION, EITHER OF THE FOLLOWING OCCURRED:

(a) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING THE CURRENT EMPLOYEE OR VOLUNTEER UNDER SECTION 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, OR 5153.111 OF THE REVISED CODE, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL ANY PRIOR CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN DIVISION (C)(1) OF THIS SECTION.

(b) THE RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY REQUESTED A CRIMINAL RECORDS CHECK REGARDING THE CURRENT EMPLOYEE OR VOLUNTEER UNDER DIVISION (B) OF THIS SECTION, AND THE CRIMINAL RECORDS CHECK DID NOT REVEAL ANY PRIOR CONVICTION OF OR PLEA OF GUILTY TO AN OFFENSE LISTED IN DIVISION (C)(1) OF THIS SECTION.

(2) IF A PARENT OR GUARDIAN OF A CHILD MAKES A WRITTEN REQUEST PURSUANT TO DIVISION (B) OF THIS SECTION FOR A CRIMINAL RECORDS CHECK OF A CURRENT EMPLOYEE OR VOLUNTEER OF A RELIGIOUS, CHARITABLE, SCIENTIFIC, EDUCATIONAL, ATHLETIC, OR SERVICE INSTITUTION OR ORGANIZATION OR LOCAL GOVERNMENT ENTITY THAT PROVIDES CARE, TREATMENT, EDUCATION, TRAINING, INSTRUCTION, SUPERVISION, OR RECREATION TO CHILDREN, AND IF, PURSUANT TO DIVISION (G)(1) OF THIS SECTION, DIVISIONS (B) AND (C) OF THIS SECTION DO NOT APPLY REGARDING THE CURRENT EMPLOYEE OR VOLUNTEER, THE INSTITUTION, ORGANIZATION, OR ENTITY IS NOT REQUIRED TO REQUEST THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION TO CONDUCT A CRIMINAL RECORDS CHECK WITH RESPECT TO THAT CURRENT EMPLOYEE OR VOLUNTEER, BUT THE INSTITUTION, ORGANIZATION, OR ENTITY PROMPTLY SHALL NOTIFY THE PARENT OR GUARDIAN WHO REQUESTED THE CHECK THAT A PRIOR CHECK CONDUCTED WITHIN THE PRECEDING TWELVE MONTHS DID NOT SHOW THAT THE CURRENT EMPLOYEE OR VOLUNTEER PREVIOUSLY HAS BEEN CONVICTED OF OR PLEADED GUILTY TO ANY OFFENSE LISTED IN DIVISION (C)(1) OF THIS SECTION.