Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-2 - Registration of Sex Offenders; Notifications › Section 109:5-2-04 - School and child care facility's use and administration of information regarding person subject to community notification

Current through all regulations passed and filed through July 1, 2024
(A) This rule is
			 intended to assist in the dissemination of information regarding persons
			 subject to community notification.
(B) The executive director of each public
			 children service agency who receives information from the sheriff concerning a
			 person subject to community notification may disseminate said information to
			 employees who are responsible for placing children, investigating allegations
			 of abuse, neglect or dependency or whose duties involve the care, custody or
			 control of children. Employees who receive said information shall be instructed
			 to promptly notify the executive director of the agency if the person subject
			 to community notification is observed in the vicinity of the agency or in the
			 vicinity of any children with whom the agency is involved unless the observed
			 person subject to community notification is a juvenile offender registrant
			 being served by the agency. The executive director shall notify the local law
			 enforcement agency if, in the judgment of the executive director, the presence
			 of the person subject to community notification appears to be without a
			 legitimate purpose or otherwise creates concern for the safety of the
			 children.
(C) Each superintendent
			 or supervising, appointing or hiring officer listed in divisions (A)(3) and
			 (A)(4) of section
			  2950.11 
			 of the Revised Code who receives information from the sheriff concerning a
			 person subject to community notification may disseminate said information to
			 employees whose duties include supervision of or responsibility for students.
			 Employees who receive said information shall be instructed to promptly notify
			 the superintendent or the appointing or hiring officer if the person subject to
			 community notification is observed in the vicinity of the school unless the
			 observed person subject to community notification is a juvenile offender
			 registrant currently attending the school. The superintendent or the appointing
			 or hiring officer shall notify the local law enforcement agency if, in the
			 judgment of the superintendent or of the supervising, appointing or hiring
			 officer, the presence of the person subject to community notification appears
			 to be without a legitimate purpose or otherwise creates concern for the safety
			 of the students.
(D) The director,
			 head teacher, or elementary principal of the licensed preschool program, who
			 receives information from the sheriff concerning a person subject to community
			 notification, may disseminate said information to employees whose duties
			 involve the care, custody or control of children. Employees who receive said
			 information shall be instructed to promptly notify the director, head teacher,
			 or elementary principal of the licensed preschool program if the person subject
			 to community notification is observed in the vicinity of the program unless the
			 observed person subject to community notification is a juvenile offender
			 registrant currently attending the preschool program. The director, head
			 teacher, or elementary principal of the licensed preschool program shall notify
			 the local law enforcement agency if, in the judgment of the director, head
			 teacher or principal, the presence of the person subject to community
			 notification appears to be without a legitimate purpose or otherwise creates
			 concern for the safety of the children.
(E) The administrator of each child day-care
			 center or type A family day-care home and the provider of each
			 licensed type B family day-care home, who receive
			 information from the sheriff concerning a person subject to community
			 notification, may disseminate said information to employees whose duties
			 involve the care, custody or control of children. Employees who receive said
			 information shall be instructed to promptly notify the administrator or
			 provider if the person subject to community notification is observed in the
			 vicinity of the center or home. The administrator or provider shall notify the
			 local law enforcement agency if, in the judgment of the administrator or
			 provider, the presence of the person subject to community notification appears
			 to be without a legitimate purpose or otherwise creates concern for the safety
			 of the children.
(F) The president
			 or other chief administrative officer of each institution of higher education,
			 who receives information from the sheriff concerning a person subject to
			 community notification, may disseminate said information to employees whose
			 duties include supervision of or responsibility for students. Employees who
			 receive said information shall be instructed to promptly notify the president
			 or other chief administrative officer if the person subject to community
			 notification is observed on the property of the institution of higher education
			 unless the observed person subject to community notification is currently
			 attending the institution of higher education. The president or other chief
			 administrative officer shall notify the local law enforcement agency if, in the
			 judgment of the president or the chief administrative officer, the presence of
			 the person subject to community notification appears to be without a legitimate
			 purpose or otherwise creates concern for the safety of the students.
(G) The director, head teacher, or elementary
			 principal of the licensed preschool program, the administrator of each child
			 day-care center and type A family day-care home, the provider of each
			 licensed type B family day-care home, the executive
			 director of each public children service agency, the president or other chief
			 administrative officer of each institution of higher education, the
			 superintendent of each board of education of each school district, and the
			 appointing or hiring officer of each chartered non-profit school who receive
			 information from the sheriff concerning a person subject to community
			 notification may:
(1) Inform parents,
			 guardians, and adult students that they have received notice that a person
			 subject to community notification is residing, employed, or attending a school
			 or institution of higher education within the specified geographical
			 notification area and that certain information concerning the registrant is a
			 public record and is open to inspection, under section
			  149.43 
			 of the Revised Code, at the office of the sheriff with whom the registrant has
			 registered, and on the state and local internet databases established by the
			 attorney general and the sheriff, and;
(2) Direct inquiries from parents, guardians,
			 and adult students to the office of the sheriff with whom the person subject to
			 community notification has registered, and;
(3) Disseminate any other public record in
			 their possession concerning the registrant.