Nonprofit compliance in Ohio

Ohio imposes mandatory background check requirements for volunteers in schools, childcare, and elder care programs under ORC 109.572, which governs checks through the Ohio Bureau of Criminal Identification and Investigation (BCI). Volunteers performing sensitive tasks involving children or vulnerable adults must submit to and pass a BCI criminal background check under ORC 121.401, with FBI checks required for individuals who have not lived in Ohio within the previous five years. Checks must be renewed every 5 years.

• Ohio Revised Code § 109.572 — BCI Criminal Record Checks (Ohio Rev. Code § 109.572) — Primary statute governing criminal records checks conducted by the Ohio BCI. Applies to volunteers in regulated environments including schools, childcare, healthcare, and elder care. Mandates fingerprint submission to BCI and, for non-recent Ohio residents, to the FBI for national check.
• Ohio Revised Code § 3319.391 — School Volunteer Background Checks (Ohio Rev. Code § 3319.391) — Requires school districts to obtain BCI background checks for volunteers performing sensitive tasks, such as the care and security of children, before those duties begin. Districts may require additional checks under RC 3319.393.
• Ohio Revised Code § 5104.013 — Childcare Background Checks (Ohio Rev. Code § 5104.013) — Requires criminal background checks for persons seeking to work in a licensed childcare setting, including volunteers with regular child contact. Administered through BCI and includes review of Ohio's child abuse registry.
• Ohio Administrative Code Rule 173-14-14 — PASSPORT/Elder Care Program Background Checks (Ohio Admin. Code Rule 173-14-14) — Requires criminal record checks for applicants and persons providing paid direct-care or volunteer services to individuals enrolled in the PASSPORT or Older Americans Act/Title III programs, using specific BCI reason codes for community-based long-term care agencies.
• Who it reaches: School volunteers performing sensitive tasks with children (ORC 3319.391); Volunteers in licensed childcare settings with regular child contact; Volunteers in PASSPORT and Older Americans Act elder care programs; Volunteers in licensed healthcare facilities with patient contact; Volunteers in disability services programs regulated by DODD.
• Check types in use: BCI fingerprint-based Ohio state criminal history check (Ohio BCI, $22 fee); FBI national fingerprint-based criminal history check (required for non-5-year Ohio residents); Ohio Sex Offender Registry check (Erin's Law — embedded in BCI results); Ohio child abuse registry check (for childcare and child-serving programs).
• Administered by: Ohio Bureau of Criminal Identification and Investigation (BCI), Ohio Attorney General's Office; Ohio Department of Education (ODE) for school oversight; Ohio Department of Job and Family Services (ODJFS) for childcare licensing; Ohio Department of Developmental Disabilities (DODD).
• Typical processing: BCI Ohio check: 3–7 business days; FBI national check: 2–6 weeks.

Ohio is one of the 40 states that generally require a charitable organization to register before soliciting contributions from its residents — typically before the first ask, not after the first gift, and usually with an annual renewal.

• Registration is generally required before soliciting, including by mail, phone, email, or a public donate page.
• Soliciting residents of other states can trigger registration in those states regardless of where you are based — an online donate button reaches all fifty.
• Exemptions exist in most registering states (small organizations, religious organizations, membership appeals) but they are specific and usually must be claimed rather than assumed.
• Confirm current requirements with your state charity office before relying on this — thresholds and exemptions are amended frequently.

These apply regardless of which state you operate in, and they are the ones most commonly missed by small organizations that assume state registration is the whole picture.

• Annual Form 990, 990-EZ, or 990-N. Three consecutive years of non-filing revokes exempt status automatically — this is the single most common way small nonprofits lose their status.
• If you run background checks on volunteers, the Fair Credit Reporting Act applies to you as a user of consumer reports: a standalone written disclosure, separate written authorization, and the pre-adverse and adverse action sequence before acting on a result.
• Public disclosure: your exemption application and recent 990s must be made available on request.
• Employment obligations attach to paid staff regardless of exempt status — payroll tax, worker classification, and wage and hour law all apply.