Ohio Administrative Code › Title 109:5 - Bureau of Criminal Identification and Investigation › Chapter 109:5-4 - Civil Sexual Abuse Registry › Section 109:5-4-04 - 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 services 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. 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
			  3797.06 
			 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 supervising, appointing, or hiring officer if the
			 person subject to community notification is observed in the vicinity of the
			 school. The superintendent or supervising, 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 on the property of the 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
			 elementary 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 certified 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 on the
			 property 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 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 certified 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 nonpublic school who receive
			 information from the sheriff concerning a person subject to community
			 notification may:
(1)
									 inform parents, guardians, and adult students only
			 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 internet database 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.