Background Checks for Prospective Foster, Adoptive, and Kinship Caregivers - Ohio

Date: September 2018

Who Needs Records Checks

Citation: Rev. Code § 2151.86; Admin. Code § 5101:2-42-18

Background checks are required for the following persons:

  • A person who is under final consideration for appointment or employment as a person responsible for a child's care in out-of-home care
  • A prospective adoptive parent
  • A prospective foster caregiver
  • A person age 18 or older who resides with a prospective foster caregiver or a prospective adoptive parent

The term 'person responsible for a child's care in out-of-home care' includes the following:

  • Any foster caregiver, in-home aide, or provider
  • Any administrator, employee, or agent of any of the following:
    • A child daycare center
    • A family daycare home
    • A group home or residential care facility
    • A residential camp, day camp, school district, community school, chartered nonpublic school, or educational service center
    • Any person who supervises or coaches children as part of an extracurricular activity sponsored by a school district, public school, or chartered nonpublic school
    • Any other person who performs a similar function with respect to, or has a similar relationship to, children

In regulation: Background checks also are required for the following substitute caregivers:

  • A relative by blood or marriage who, in accordance with §§ 5103.02 and 5103.03 of the Revised Code, is exempt from certification and who is being considered as a substitute caregiver
  • A nonrelative who has a relationship with the child and/or family and who, in accordance with § 5153.161 of the Revised Code, is approved by the court

Types of Records That Must Be Checked

Citation: Rev. Code § 2151.86; Admin. Code §§ 5101:2-42-18; 5101:2-48-09

The background investigation shall include a check of State criminal records conducted by the Bureau of Criminal Identification and Investigation (BCII).

If a person subject to a criminal records check does not present proof that he or she has been a resident of this State for the 5-year period immediately prior to the date upon which the criminal records check is requested, the employer or placing agency shall request that the BCII obtain information from the Federal Bureau of Investigation as a part of the criminal records check, including fingerprint-based checks of national crime information databases.

In regulation: For prospective adoptive parents and relative or nonrelative substitute caregivers, a search of the Statewide Automated Child Welfare Information System is required.

The placing agency shall request a check of the child abuse and neglect registry of any other State in which an adoptive applicant or other adult household member in the applicant's home has resided in the 5 years immediately prior to the date of the criminal records check.

Process for Obtaining Records Checks

Citation: Rev. Code §§ 2151.86; 109.572

An employer or placing agency required to request a criminal records check shall provide to each person subject to a criminal records check a copy of the form required by § 109.572 (C)(1) and a standard impression sheet to obtain fingerprint impressions, obtain the completed form and impression sheet from the person, and forward the completed form and impression sheet to the superintendent of BCII at the time the criminal records check is requested.

Any person subject to a criminal records check who receives a copy of the prescribed form and the impression sheet shall complete the form as requested and provide the impression sheet with the impressions of the person's fingerprints. If a person subject to a criminal records check fails to provide the information necessary to complete the form or fails to provide impressions of the person's fingerprints, the employer shall not employ the person as a person responsible for a child's care in out-of-home care, a probate court may not issue a decree of adoption, and the Department of Job and Family Services shall not issue a certificate authorizing the prospective foster caregiver to operate a foster home.

On receipt of a request, a completed form, and a set of fingerprint impressions obtained in the appropriate manner, the superintendent of the BCII shall conduct a criminal records check.

Grounds for Disqualification

Citation: Rev. Code §§ 2151.86; 109.572

No employer shall employ a person as a person responsible for a child's care in out-of-home care, the Department of Job and Family Services shall not issue a certificate authorizing a prospective foster caregiver to operate a foster home, and no probate court shall issue a decree of adoption, or, in the case of a prospective foster or adoptive caregiver, if any person age 18 or older who resides with the prospective foster or adoptive caregiver previously has been convicted of or pleaded guilty to any of the following:

  • Cruelty to animals
  • Murder, manslaughter, or assault
  • Permitting child abuse
  • Failing to provide for a functionally impaired person
  • Aggravated menacing, menacing, or stalking
  • Patient abuse or neglect
  • Kidnapping or abduction
  • Criminal child enticement
  • Rape, sexual battery, unlawful sexual conduct with a minor, sexual imposition, voyeurism, or public indecency
  • Felonious sexual penetration
  • Compelling or promoting prostitution, procurement, or prostitution
  • Disseminating matter harmful to juveniles
  • Pandering sexually oriented matter involving a minor
  • Illegal use of a minor in nudity-oriented material or performance
  • Arson
  • Soliciting or providing support for act of terrorism
  • Terrorism or terroristic threat
  • Robbery or aggravated robbery
  • Aggravated burglary or burglary
  • Identity fraud
  • Inciting to violence or aggravated riot
  • Unlawful abortion
  • Endangering children
  • Contributing to the unruliness or delinquency of a child
  • Domestic violence
  • Carrying concealed weapons
  • Having weapons while under disability
  • Improperly discharging firearm at or into habitation or school
  • Corrupting another with drugs or trafficking in drugs
  • Illegal manufacture of drugs or cultivation of marijuana
  • Funding of drug or marijuana trafficking
  • Illegal administration or distribution of anabolic steroids
  • Possessing drug abuse instruments
  • Placing harmful objects in food
  • Interference with custody
  • Two or more violations of operating a vehicle while under the influence of alcohol or drugs committed within the 3 years immediately preceding the submission of an application or petition
  • A violation of an existing or former law of this State, any other State, or a Federal law that is substantially equivalent to any of the offenses listed above

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