5101:2-18-10.1 Statement of nonconviction and criminal records checks for approved child day camps.

(A) Definitions.

(1) "Criminal records check" has the same meaning as in section 109.572 of the Revised Code.

(2) "Employee" has the same meaning as in section 5104.01 of the Revised Code.

(B) All persons who are employees in any capacity in an approved child day camp, anyone who owns or operates a child day camp, any administrator or director and any person who, at any time, has care, custody or control of a child or is alone with a child or group of children as described in paragraph (I) of this rule shall follow the requirements of this rule.

(C) The JFS 01326 "Statement of Nonconviction for Approved Child Day Camps" (4/2009) shall be completed at the time of hire or appointment and at least annually and kept on file at the camp for each person described in paragraph (B) of this rule.

For any current owner and administrator, the JFS 01326 shall be completed and on file at the camp no later than June 1, 2009.

(D) Each owner, administrator and employee of the camp shall sign a statement attesting that he or she has not had a child removed from his or her home pursuant to section 2151.353 of the Revised Code. This statement is included on the JFS 01326. If an owner, administrator, director or employee has had a child removed from his or her home, he or she shall not be employed by the camp or shall immediately be released from employment.

(E) No person who has been convicted of or pleaded guilty to a prohibited offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code shall be employed in any capacity in or own or operate a child care center unless the person meets the standards for rehabilitation in this rule.

(F) Criminal records checks.

(1) Approved child day camps shall submit fingerprints according to the requirements of the bureau of criminal identification and investigation (BCII). Information on how to obtain a criminal records check can be found at www.webcheck.ag.state.oh.us.

(2) All criminal records check results shall be dated, have an authentication number and the social security number of the person for whom the check was completed.

(3) Each camp shall pay to BCII the prescribed fee for each requested criminal records check. If the camp chooses to charge an employee, the camp shall notify the person in writing of the amount of the fee and the procedure for reimbursement of the fee to the camp.

(4) Criminal records checks are not public records and shall not be made available to any person other than the person who is the subject of the criminal records check or his or her representative, the camp owner, the owner's designee, the administrator, director or the Ohio department of job and family services (ODJFS).

(5) Section 109.572 of the Revised Code requires that this rule applies to records of convictions that have been sealed pursuant to section 2953.32 of the Revised Code.

(6) A conviction of or a plea of guilty to an offense listed in division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code shall not prevent the hiring of an employee if the owner, administrator or employee provides evidence that he or she has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. For purposes of this rule, "unconditional pardon" includes a conditional pardon when all conditions have been performed or have transpired.

(7) If an employee fails to obtain a criminal records check, he or she shall not be an employee of the camp.

(G) Before the issuance of an approval for a child day camp, owners and administrators shall complete BCII and federal bureau of investigation (FBI) criminal records checks and ODJFS shall review and approve the results.

(1) The results of these criminal records checks shall be sent directly to ODJFS. These criminal records checks shall be repeated and submitted to ODJFS every four years at the time of the approval of the child day camp.

(2) The approval of a child day camp shall be denied or withdrawn if ODJFS receives a criminal records report verifying that an owner or administrator has a conviction under division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code unless ODJFS determines that the person meets the standards for rehabilitation in this rule.

(3) Proof of meeting the standards for rehabilitation shall be submitted to ODJFS for review and approval. Failure to submit this proof shall be grounds for proposing denial or withdrawal of approval for the day camp.

(H) Current owners and administrators who do not have a criminal records check on file with ODJFS that was completed on or after April 1, 2005 shall complete BCII and FBI criminal records checks and have the results on file with ODJFS no later than June 1, 2009.

Owners and administrators shall have updated BCII and FBI criminal records checks completed every four years at the time of approval of the day camp

(I) A person applying for employment at the approved child day camp shall complete a criminal records check prior to the first day of employment and every four years thereafter.

(1) The camp administrator shall assure that a person applying for employment has submitted his or her fingerprints for a BCII criminal records webcheck, including an FBI check, at a BCII authorized webcheck location. The results shall be on file at the camp within thirty calendar days from the date of hire and shall be returned directly to the administrator or director of the camp.

(2) The administrator shall review the results of the criminal records check before any applicant has sole responsibility for the care, custody or control of a child.

(3) A camp that uses the services of a student placed by a high school or a college as part of a supervised field assignment or student teaching experience has complied with this rule if either the camp administrator, high school or college requested that the BCII criminal records check be completed on or after April 1, 2005 and the results are on file at the camp.

(J) The camp administrator shall verify that a BCII criminal records check has been completed since April 1, 2005 for all current employees.

(1) The camp shall have the results of the BCII criminal records check on file at the camp no later than June 1, 2009.

(2) A BCII criminal records check shall be repeated every four years for every employee.

(3) A camp may choose to include an FBI criminal records check in addition to the BCII check.

(K) Any employee who has never had a BCII criminal records check shall obtain one and have the results on file at the camp no later than June 1, 2009.

(L) If the criminal records check results indicate that an employee has a conviction under division (A)(8) or (A)(9) of section 109.572 or division (A)(1) of section 5104.09 of the Revised Code, the camp administrator shall immediately release the person from employment until the administrator determines and documents that the person meets the standards for rehabilitation in this rule and the camp chooses to employ the person. It is the employee's responsibility to provide all information to verify that he or she meets the standards for rehabilitation.

(M) An owner, administrator, applicant or employee of an approved child day camp who has a prohibited offense shall meet the following standards for rehabilitation.

(1) Where the offense was a misdemeanor, at least three years have elapsed from the date the person was fully discharged from imprisonment, probation or parole in regard to the conviction. A person who has had his or her record of misdemeanor conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.

(2) Where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment, probation or parole.

(3) The victim was not one of the following:

(a) A person under eighteen years of age.

(b) A functionally impaired person as defined in section 2903.10 of the Revised Code.

(c) A mentally retarded person as defined in section 5123.01 of the Revised Code.

(d) A developmentally disabled person as defined in section 5123.01 of the Revised Code.

(e) A person with a mental illness as defined in section 5122.01 of the Revised Code.

(f) A person sixty years of age or older.

(4) The prospective person's hiring will not jeopardize the health, safety or welfare of the children served at the camp. The following factors shall be considered:

(a) The age of the person at the time of the offense.

(b) The nature and seriousness of the offense.

(c) The circumstances under which the offense was committed.

(d) The degree to which the person participated in the offense.

(e) The time elapsed since discharge from imprisonment, probation or parole.

(f) The likelihood that the circumstances leading to the offense will recur.

(g) Whether the person is a repeat offender.

(h) The person's employment record.

(i) The efforts at rehabilitation and the results of those efforts.

(j) Whether any criminal proceedings are pending.

(k) Any other relevant factors.

Effective: 04/01/2009
R.C. 119.032 review dates: 04/01/2014
Promulgated Under: 119.03
Statutory Authority: 5104.22
Rule Amplifies: 5104.22