Section 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. Ohio Admin. Code 109:5-4-04
Five Year Review (FYR) Dates: 11/8/2021 and 11/06/2026
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07, 3797.08
Prior Effective Dates: 01/01/2007Five Year Review (FYR) Dates: 11/08/2016 and 11/08/2021
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07, 3797.08
Prior Effective Dates: 01/01/2007