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Does Ohio require background checks for camp staff?
The sections on background checks at day camps are quoted below, with the sentences that say which camps they do not apply to.
What does the statute say?
“No child day camp shall fail to comply with section 5104.013 of the Revised Code in regards to a person it appoints or employs.”
“The director of children and youth may periodically conduct a random sampling of child day camps to determine compliance with section 5104.013 of the Revised Code.”
What must a registered day camp request?
“All applicants, employees and child day camp staff members of the registered child day camp, including child day camp administrators and child day camp owners, are to request a bureau of criminal investigation (BCI) and a federal bureau of investigation (FBI) criminal records check pursuant to section 5104.013 of the Revised Code.”
How often: The request is to be made at the time of initial application for employment, and every five years thereafter.
(codes.ohio.gov, effective April 27, 2023)
Can someone work before the result comes back?
The rule for registered day camps: A registered child day camp may employ an applicant, or continue to employ a child day camp staff member, an employee, and/or a child day camp administrator, until the criminal records check is completed and the camp receives the result of the check.
(codes.ohio.gov, effective April 27, 2023) The camp is not to grant the individual sole responsibility for the care, custody or control of a child until the results of the criminal records check have been reviewed and it is determined that the individual is eligible for employment.
(codes.ohio.gov, effective April 27, 2023)
A question that follows from that rule: is anyone working with my child whose check has not come back, and are they ever alone with a group?
What is checked at an approved day camp?
The rule lists five kinds of record:
(1) Bureau of criminal investigation (BCI) records pursuant to section 5104.013 of the Revised Code.
(codes.ohio.gov, effective July 1, 2026)(2) Federal bureau of investigation (FBI) records pursuant to section 5104.013 of the Revised Code.
(codes.ohio.gov, effective July 1, 2026)(3) National sex offender registry. (4) State sex offender registry. (5) Statewide automated child welfare information system (SACWIS) records.
(codes.ohio.gov, effective July 1, 2026)
And on volunteers: Background checks are not required for volunteers and visitors.
(codes.ohio.gov, effective July 1, 2026)
What can the state do about a camp that does not comply?
From the statute. On a penalty, the director shall: Consider imposing a civil penalty on the camp in an amount that shall not exceed ten per cent of the camp's gross revenues for the full month immediately preceding the month in which the violation occurred.
(codes.ohio.gov, effective January 1, 2025) On a notice: the director may post a notice at a prominent place at the camp that states that the camp has failed to conduct criminal records checks of its appointees or employees as required by section 5104.013 of the Revised Code.
(codes.ohio.gov, effective January 1, 2025) On a list: The director may include on the web site of the department of children and youth a list of child day camps that the director has determined to not be in compliance with the criminal records check requirements of section 5104.013 of the Revised Code.
(codes.ohio.gov, effective January 1, 2025)
The statute’s word is “may”. We could not read the department’s website, so we can’t tell you whether such a list is published.
Which camps do these sections not apply to?
- The registration statute’s exemption sentence names this section:
A person, firm, institution, organization, or agency operating any of the following programs is exempt from the provisions of this section and sections 5104.211 and 5104.22 of the Revised Code:
(codes.ohio.gov, effective January 1, 2025) Our suggestion: ask a city or park district what checks it runs on its own staff. This section does not apply to a child day camp that is an approved child day camp.
(codes.ohio.gov, effective January 1, 2025) The rule for approved camps is the one quoted above.- Overnight camps are permitted under a different chapter. In the parts of it we read we did not find a background-check rule (overnight camp permits). Other law may apply.
- The rule on disclosure:
Criminal records check results are confidential and not public records
(codes.ohio.gov, effective April 27, 2023)
What should you ask?
Our suggestions: who is checked, including volunteers and teenage counselors? Which checks, and how recently? Is anyone on staff before their result is back? Is my child ever alone with one adult? Ask for the answers in writing and follow up on anything unclear.