Ohio Admin. Code 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.
Notes
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07, 3797.08
Prior Effective Dates: 01/01/2007
Promulgated Under: 119.03
Statutory Authority: 3797.08(A)
Rule Amplifies: 3797.07, 3797.08
Prior Effective Dates: 01/01/2007
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