Chapter 109:5-4 Civil Sexual Abuse Registry

109:5-4-01 Definitions.

(A) "Registrant" means a person against whom a court has entered a declaratory judgment under section 2721.21 of the Revised Code and issued an order that the person be listed on the civil childhood sexual abuse registry maintained by the attorney general pursuant to section 3797.08 of the Revised Code, unless the person has had the classification removed under division (F) of section 2721.21 of the Revised Code.

(B) "Person subject to community notification" means a registrant who has not had the community notification requirement removed pursuant to division (G) of section 3797.06 of the Revised Code.

(C) "Adjacent" means next to, abutting, or bordering on.

(D) "BCI&I" means the bureau of criminal identification and investigation.

(E) All terms that are defined in section 3797.01 of the Revised Code have the same meanings when used in this chapter and in the forms prescribed by the attorney general pursuant to division (A) of section 3797.08 of the Revised Code.

R.C. 119.032 review dates: 11/08/2011 and 11/08/2016
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07 , 3797.08
Prior Effective Dates: 01/01/2007

109:5-4-02 Completion and transmittal of forms and information.

(A) Use of forms, forwarding, and transmittal to BCI&I:

(1) Registration of residence and employment- The sheriff shall use the registration form prescribed by the attorney general as set forth in appendix A to obtain the information required by section 3797.07 of the Revised Code. The sheriff shall photograph the registrant at the time of registration. The sheriff shall verify the identity of the registrant by valid driver's license or state identification card. The completed forms shall be mailed to: "Ohio Bureau of Criminal Identification and Investigation, attn: Administrator for Civil Childhood Sexual Abuse Registry, P.O. Box 365, London, OH 43140." The sheriff shall enter the information required by section 3797.07 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code using electronic means provided by the superintendent of BCI&I.

(2) Intent to reside and change of address - The sheriff shall use the intent to reside and change of address form prescribed by the attorney general as set forth in appendix B to obtain the information required by section 3797.03 of the Revised Code. The sheriff shall enter the information required by section 3797.03 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(3) Periodic verification of current address - The sheriff shall use the verification form prescribed by the attorney general as set forth in appendix C to obtain the information required by section 3797.04 of the Revised Code. The sheriff shall enter the information required by section 3797.04 of the Revised Code into the state registry created pursuant to division (C) of section 3797.08 of the Revised Code, using electronic means provided by the superintendent of BCI&I.

(4) Notice of termination of civil registrant classification - If a judge issues an order terminating the classification of a person as a civil registrant pursuant to division (F) of section 2721.21 of the Revised Code, the judge or magistrate shall notify BCI&I by mailing a copy of the order to "Ohio Bureau of Criminal Identification and Investigation, attn: Administrator for the Civil Childhood Sexual Abuse Registry, P.O. Box 365, London, OH 43140."

(B) Transmittal of forms, photographs and other information to BCI&I - Except as specifically required above, all information that is required to be forwarded to BCI&I shall be transmitted by electronic means as provided by the superintendent of BCI&I. If the forms, photographs or other information that is to be forwarded cannot be transmitted by electronic means, then it may be transmitted by mail or fax, all as determined by the superintendent of BCI&I.

Click to view Appendix

Click to view Appendix

Click to view Appendix

R.C. 119.032 review dates: 11/08/2011 and 11/08/2016
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07 , 3797.08
Prior Effective Dates: 01/01/2007

109:5-4-03 Community notification.

(A) As used in these rules, and in section 3797.06 of the Revised Code, "Specified Geographical Notification Area" means the school district, as classified and defined in Chapter 3311. of the Revised Code, within which the person who is subject to community notification pursuant to section 3797.06 of the Revised Code resides or is employed.

(B) If any registered residence or employment address of the person subject to community notification pursuant to section 3797.06 of the Revised Code is located within one mile of an adjacent school district, the sheriff with whom the registrant has most recently registered any such address may, in the interest of public safety, provide a written notice within seven days to any persons described in divisions (A)(2) to (A)(9) of section 3797.06 of the Revised Code who are located within such adjacent school district.

(C) Unless otherwise specified, any requirement in section 3797.06 of the Revised Code that a sheriff provide written notice within a specified time period is met if the notice is placed in the mail within the specified time period.

(D) In any county where a registrant does not reside, but does register an address of employment, the sheriff of that county, in order to comply with division (A) of section 3797.06 of the Revised Code, is only required to send the notices listed in divisions (A)(2) to (A)(8) of section 3797.06 of the Revised Code.

R.C. 119.032 review dates: 11/08/2011 and 11/08/2016
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.06 , 3797.07 , 3797.08
Prior Effective Dates: 01/01/2007

109:5-4-04 School and child care facility's use and administration of information regarding person subject to community notification.

(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.

R.C. 119.032 review dates: 11/08/2011 and 11/08/2016
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07 , 3797.08
Prior Effective Dates: 01/01/2007

109:5-4-05 Lists to be compiled, maintained, and updated.

(A) The department of education shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each school district, by county, and the name of the superintendent of the board of education of each school district, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each chartered nonpublic school, by county, and the name of the appointing or hiring officer of each chartered nonpublic school, and the fax number of said individual, if one is available;

(3) The name, address and telephone number of each licensed preschool program, by county, and the name of the director, head teacher or elementary principal of each preschool program, and the fax number of said individual, if one is available.

(B) The Ohio board of regents shall compile, maintain, and update in January and July of each year the name, address and telephone number of each state institution of higher education as defined in section 3345.011 of the Revised Code, each private non-profit college or university located in this state possessing a certificate of authorization from the Ohio board of regents pursuant to Chapter 1713. of the Revised Code and each school certified under Chapter 3332. of the Revised Code, by county, and the name of its president or other chief administrative officer, and the fax number of said individual, if one is available.

(C) The department of job and family services shall compile, maintain, and update in January and July of each year the following information:

(1) The name, address and telephone number of each child day-care center, type A family day-care home, and certified type B family day-care home, by county, and the name of the administrator or provider of the center or home, and the fax number of said individual, if one is available;

(2) The name, address and telephone number of each public children services agency and the name of the executive director at each agency, and the fax number of said individual, if one is available.

(D) The department of education, the board of regents, and the department of job and family services shall provide the compiled, maintained, and updated information to a sheriff or a sheriff's designee when requested. This information may be requested by telephone, mail, fax, electronically or in person. The sheriff or the sheriff's designee may make an on-going request for such information, and, if an on-going request is made, the information shall be provided each time it is updated, without requiring subsequent requests. For purposes of this paragraph, the county sheriffs may designate an individual or association to request or receive the information. If a designee obtains the requested information, it shall, as soon as administratively possible, forward that information to the appropriate county sheriff.

(E) To the extent that these requirements for the department of education, the board of regents, and the department of job and family services are the same as provided under rule 109:5-2-06 of the Administrative Code, the creation of one list shall satisfy the requirements of both this chapter and rule 109:5-2-06 of the Administrative Code.

R.C. 119.032 review dates: 11/08/2011 and 11/08/2016
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07 , 3797.08
Prior Effective Dates: 01/01/2007