Ohio Code 2151.906 – Felony conviction
A qualified organization shall not authorize hosting with a host family if any person eighteen years of age or older who resides with the prospective host family previously has been convicted of or pleaded guilty to any of the violations described in division (A)(4) of section 109.572 of the Revised Code, unless all of the following conditions are satisfied:
Terms Used In Ohio Code 2151.906
- Child: means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for purposes of that jurisdiction related to that adjudication, a person who is so adjudicated an unruly child shall be deemed a "child" until the person attains twenty-one years of age. See Ohio Code 2151.011
- Conviction: A judgement of guilt against a criminal defendant.
- imprisonment: means being imprisoned under a sentence imposed for an offense or serving a term of imprisonment, prison term, jail term, term of local incarceration, or other term under a sentence imposed for an offense in an institution under the control of the department of rehabilitation and correction, a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse, a minimum security jail, a community-based correctional facility, or another facility described or referred to in section 2929. See Ohio Code 1.05
- Organization: means any institution, public, semipublic, or private, and any private association, society, or agency located or operating in the state, incorporated or unincorporated, having among its functions the furnishing of protective services or care for children, or the placement of children in certified foster homes or elsewhere. See Ohio Code 2151.011
- Person: means an individual, association, corporation, or partnership and the state or any of its political subdivisions, departments, or agencies. See Ohio Code 2151.011
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(A) If the offense was a misdemeanor, or would be a misdemeanor if the conviction occurred at the time that hosting is being considered, at least three years have elapsed from the date the person was fully discharged from any imprisonment or probation arising from the conviction.
(B) If the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation arising from the conviction.
(C) The victim of the offense was not one of the following:
(1) A person under the age of eighteen;
(2) A functionally impaired person as defined in section 2903.10 of the Revised Code;
(3) A person with a developmental disability as defined in section 5123.01 of the Revised Code;
(4) A person with a mental illness as defined in section 5122.01 of the Revised Code;
(5) A person sixty years of age or older.
(D) Hosting in the host family’s home will not jeopardize in any way the health, safety, or welfare of the child to be hosted. The following factors shall be considered in determining whether this condition is satisfied:
(1) The person’s age at the time of the offense;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense was committed;
(4) The degree of participation of the person involved in the offense;
(5) The time elapsed since the person was fully discharged from imprisonment or probation;
(6) The likelihood that the circumstances leading to the offense will recur;
(7) Whether the person is a repeat offender;
(8) The person’s employment record;
(9) The person’s efforts at rehabilitation and the results of those efforts;
(10) Whether any criminal proceedings are pending against the person;
(11) Any other factors the qualified organization considers relevant.