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:

(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.

Added by 133rd General Assembly File No. TBD, HB 166, §101.01, eff. 10/17/2019.