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Ohio Laws and Rules
(A) When children are present during waking hours in a residential facility living unit, there shall be at least one child care staff person for each ten children. Child care staff shall be on duty providing supervision to children where two or more children are congregated to ensure an appropriate level of supervision of all areas of the facility considering the ages and functioning levels of children in care.
(B) A child resident of a residential facility may be left alone or unsupervised only in accordance with the provisions in the service plan of that child.
(C) At least one child care staff person for every five infants or toddlers shall be present in a residential parenting facility to provide care and supervision to children in the absence of teenage mothers.
(D) A residential parenting facility shall not permit a teenage mother to provide care or supervision to any child other than her own in the absence of the child’s mother or child care staff.
(E) A CRC or residential parenting facility shall have at least one awake child care staff person in each living unit where children are present during nighttime sleeping hours.
(F) Staff members while on duty at a residential facility shall not have overnight guests in the facility except for their own children under the age of eighteen.
(G) Children of staff members and children of residents living in a residential facility shall be counted in all child care staff ratios.
(H) Each residential facility shall have a written work schedule including provisions for use of relief staff, and a backup plan for emergency relief staff.
(I) All relief child care staff and emergency child care staff of a residential facility shall meet the requirements of rules 5101:2-5-09 and 5101:2-9-03 of the Administrative Code.
(J) Newly hired child care staff shall be given on-the-job supervision and shall not be left unsupervised with residents until all of the following requirements have been met:
(1) The person has completed the initial orientation required by rule 5101:2-9-03 of the Administrative Code;
(2) The person has completed at least at least an additional twenty hours of the first year training required by rule 5101:2-9-03 of the Administrative Code;
(3) The person has satisfactorily completed the criminal records check required by rule 5101:2-5-09.1 of the Administrative Code.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) A residential facility shall provide each child care staff person with a minimum of twenty hours of orientation within the first thirty days of employment. The training required by this paragraph may be conducted outside the residential facility. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph.
(B) Each child care staff person shall receive an additional thirty-two hours of training during the first year of employment. This requirement shall result in each child care staff person receiving a minimum of fifty-two hours of training during the first twelve months of employment. The training required by this paragraph may be conducted outside the residential facility. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph.
(C) If an agency requires more than twenty hours of initial orientation, the additional hours may be counted toward the total number of hours required by paragraph (B) of this rule.
(D) Following the completion of the training as required by paragraphs (A) and (B) of this rule, each child care staff person shall receive at least twenty-four hours of structured and formalized training annually. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph. If a child care staff person is or will be providing care for a youth expected to remain in substitute care until the youth’s eighteenth birthday, the person shall be prepared adequately with the appropriate knowledge and skills to understand and address the issues confronting adolescents preparing for independent living, and provide such services as are needed and appropriate. To the extent possible, such services shall be coordinated with the life skills services required to be provided by rule 5101:2-42-19 of the Administrative Code.
(E) Initial orientation of new child care staff pursuant to paragraph (A) of this rule shall include, but not be limited to:
(1) Familiarization of the employee with emergency and safety procedures of the residential facility.
(2) The principles and practices of child care.
(3) Administrative structure, procedures, and overall program goals of the residential facility.
(4) Appropriate techniques of behavior management.
(5) Techniques and methodologies of crisis management.
(6) Familiarization of the employee with the discipline policy of the residential facility and training in the techniques and methodologies of passive physical restraint.
(7) Procedures for reporting suspected child abuse or neglect.
(8) The emergency medical plan of the residential facility.
(9) Universal precautions.
(10) If a child care staff person will be providing care for a youth expected to remain in substitute care until the youth’s eighteenth birthday, the person shall be prepared adequately with the appropriate knowledge and skills to understand and address the issues confronting adolescents preparing for independent living, and provide such services as are needed and appropriate. To the extent possible, such services shall be coordinated with the life skill services required to be provided by rule 5101:2-42-19 of the Administrative Code.
(F) Each residential facility shall assure that all child care staff hired possess a current American red cross first aid and cardiopulmonary resuscitation (CPR) certification or equivalent at the time of hire or within six months following the date of hire. Child care staff of a group home or children’s residential center shall be certified in adult and child CPR. Child care staff of a residential parenting facility shall be certified in infant, adult and child CPR. The first aid and CPR certifications shall be maintained current at all times.
(G) There shall be at least one staff person with first aid and CPR certification on duty at all times in a residential facility.
(H) Each residential facility shall document the completion of the training activities required by this rule in the personnel record maintained pursuant to rule 5101:2-5-09 of the Administrative Code.
(I) Physical restraint of a child shall only be utilized by a child care staff person who has received specific training and annual review in acceptable methods of restraint. Documentation of such training shall be contained in the employee’s personnel record.
(J) If a residential facility has a policy prohibiting the use of physical restraint, the facility shall complete annual training for all child care staff in acceptable alternatives to restraint.
(K) If a residential facility has a policy allowing the use of physical restraint, the facility shall complete annual training in acceptable methods of restraint for the child care staff.
(L) Physical restraint may be used by child care staff only:
(1) For self protection.
(2) For protection of the child from self-destructive behavior.
(3) To protect another person from the child.
(M) Child care staff shall use only the least restrictive physical restraint necessary to control a situation.
Effective: 09/15/2008
R.C. 119.032 review dates: 05/30/2008 and 08/01/2010
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5153.16, 5101.141
Rule Amplifies: 5103.03, 5153.16, 5101.141
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 7/1/00, 1/1/03, 12/11/06
(A) All structures, grounds, furnishings or equipment used by or located on the grounds of a residential facility shall be continually maintained in good repair and in clean condition.
(B) All rooms, corridors, and stairways within a residential facility shall be equipped with operable electric illumination.
(C) Each residential facility shall have working exterior electrical illumination for operable entrances and stairways to occupied buildings.
(D) A residential facility shall have a continuous supply of clean drinking water. If the residential facility’s water supply is not obtained from a municipal water supply, a water district water supply or a vendor of bottled water, the facility’s water supply shall be tested and approved by a municipal or county health department or by the Ohio department of health prior to initial certification or recertification. A residential facility shall not be certified or recertified without an approved water source.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) All equipment, materials, and furniture in a residential parenting facility shall be sturdy and safe, easy to clean and maintain, and free of sharp points or corners, splinters, protruding nails, loose or rusty parts or other hazardous features.
(B) Toys or other materials small enough to be swallowed by an infant or toddler shall be kept out of reach.
(C) Cleaning equipment, cleaning agents, aerosol cans, or other chemical substances shall be stored in the original containers or clearly labeled, and not accessible to children.
(D) Stationary outdoor recreational equipment including, but not limited to, climbing gyms, swings or slides shall be securely anchored.
(E) Lawn mowers, hedge clippers and other similar machinery shall not be used in an outdoor play area when a child is present in the play area.
(F) A tile floor, concrete, asphalt, or other hard surface under any indoor or outdoor climbing apparatus shall be covered by a cushioned protective surface, such as, but not limited to, mats, mulch, sand or wood chips.
(G) Wading pools shall be stored or shall not be accessible to children when not in use. When any child is in a wading or swimming pool, the child’s mother or child care staff of the facility shall be present to supervise the child.
(H) All electrical outlets within reach of an infant or toddler shall have protective coverings when not in use.
(I) Toilets and sinks shall be of suitable height for use by a child or shall have a sturdy portable platform on which a child may stand.
(J) Potty chairs shall not be located in areas used for food preparation or serving. Potty chairs shall be emptied, rinsed and disinfected after each use.
(K) Toilets shall be disinfected at least once daily or more often as needed using an appropriate germicidal agent.
(L) Washable equipment and furniture shall be cleaned with soap and water at least every other month. Additionally, any item soiled during daily use with, but not limited to, blood, vomit, feces, urine and spills shall immediately be cleaned with soap and water and disinfected with an appropriate germicidal agent. Toys and other items placed in a child’s mouth shall be cleaned thoroughly and disinfected with an appropriate germicidal solution and rinsed with water at least daily and immediately if soiled with blood, feces, urine or vomit.
(M) Changing diapers for all non-toilet trained children in a residential parenting facility shall be handled in conformity with the following methods:
(1) Changing of diapers for all non-toilet trained children shall occur in a space that has a hand washing facility.
(2) Hands of the person caring for the child shall be washed with soap and water after each diaper change.
(3) If a central diaper changing station is used, there shall be a separation material placed between the child and the changing surface. The separation material shall be replaced after each diaper change with a clean separation material.
(4) Any product used during diaper changing which is used on more than one child shall be used in such a way that the container does not touch the child. Any product obtained from a common container and applied to a child shall be applied in such a manner so as not to contaminate the product or its container.
(5) Storage and laundering of soiled diapers shall be handled in accordance with the following methods:
(a) Soiled diapers to be disposed of or cleaned by the facility shall be placed in a common plastic-lined, covered container which shall be emptied, cleaned, and disinfected with an appropriate germicidal agent daily or more frequently as needed.
(b) Diapers to be laundered shall be stored in an appropriate germicidal solution until laundered. Diapers to be laundered shall be held for laundering for no longer than one day.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 1/1/91, 9/18/96, 9/1/02
(A) No residential facility shall maintain any explosives, pyrotechnics, firearms, chemical weapons, or other similar device or substance anywhere on the grounds of the facility.
(B) No residential facility shall permit any staff person, child, or security personnel to bear any firearm, chemical weapon, or other weapon or similar device while such person is anywhere in or on the grounds of the facility. Nothing in this paragraph shall be construed as prohibiting law enforcement authorities from bearing arms when they are present at the residential facility in conjunction with their official responsibilities.
(C) All porches and patios more than thirty-six inches above ground level, elevated walkways, and elevated play areas on the grounds of a residential facility shall be enclosed with barriers designed to prevent falls.
(D) All workshop or outdoor power-driven equipment used by a residential facility shall be maintained and operated in a safe manner. Such equipment may be used by children as permitted by law but only when under the supervision of a staff person.
(E) A residential facility shall allow smoking only in an outdoor designated area. In the designated smoking area there shall be a proper smoking waste receptacle for collection of waste. All employees who engage in smoking shall wash their hands when they reenter the facility. There shall be no smoking in vehicles while transporting children of the facility.
(F) All stairways accessible to children within a residential facility which contain more than four steps shall be equipped with a railing. In addition, any facility which is a residential parenting facility shall guard all stairways accessible to children with a safety gate.
(G) Outdoor areas on the grounds of or immediately adjacent to a residential facility which are potentially hazardous to residents shall be safeguarded considering the age and functioning level of the residents.
(H) Each residential facility shall document that all swimming pools maintained by the facility comply with the requirements of Chapter 3701-31 of the Administrative Code.
(I) Pets or other animals in or on the premises of a residential facility shall be kept in a safe and sanitary manner in accordance with state and local laws.
(J) All children or teenage mothers residing at a residential facility shall be protected from animals in or on the premises of the facility which are potentially dangerous to their health and safety.
(K) All locks on at least one door to any room or storage area in which a child could be confined in residential facility shall be of the type which permit the door to be unlocked from either side of the door and be unlocked from the inside of the room without a key. A door or a separate entrance to a portion of the residential facility such as a cellar, basement or outside storage room that is not accessible from within the residential facility or a door on a separate building such as a garage, barn or storage shed on the grounds of a residential facility does not need a lock that can be unlocked from either side of the door. Keys to such locks shall be kept in a place accessible only to staff of the facility.
(L) All doors on toilet stalls and bathtub or shower stalls used by children in a residential facility shall be of the type which permit the door to be unlatched from either side of the door unless the stall is of such construction as to permit emergency access by climbing over or crawling under the partitions.
(M) Each residential facility which maintains any poisonous, toxic, or flammable materials and substances for any purpose on the grounds of the facility shall maintain all such substances in locked storage areas and according to the manufacturer’s instructions.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) Each residential facility shall develop and implement a set of written procedures for staff and residents to follow in emergencies and disasters. These procedures shall be developed in consultation with, and approved by, a local or state fire inspector, and shall include specific instructions and procedures for the evacuation of buildings, the assignment of staff during emergencies, and a contingency plan for the care of residents who have been evacuated. If the residential facility cares for children who are physically or emotionally handicapped, the facility emergency procedures shall further include specific instructions as to the evacuation of these children.
(B) Each residential facility shall ensure that all staff and children are familiar with its emergency procedures.
(C) Each residential facility shall, in consultation with state or local fire personnel, develop, and implement, a calendar of periodic fire drills and emergency evacuations. A log of all such drills or evacuations shall be maintained. The evacuation plan shall be approved by a fire inspector and clearly posted in each facility so that it may be easily seen by all children Fire drills shall occur at least once each month or in accordance with the calendar of periodic drills developed with fire personnel.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) A residential facility shall secure a JFS 01200 “Fire Inspection Report Child Care Facilities Licensed/Certified by the Ohio Department of Job and Family Services” (rev. 10/2000) fire safety approval or other form used for a local or state fire inspection in each of the following instances:
(1) Within ninety calendar days prior to initial certification.
(2) At the time of any major modification or alteration of any existing structure, unless the structure will no longer be in use and is inaccessible to children.
(3) Not more than twelve months following the date of the previous inspection.
(B) A residential facility shall not be certified without an approved fire safety inspection obtained pursuant to paragraph (A) of this rule.
(C) All fire safety approvals shall be secured from the state fire marshal or from a township or municipal fire department which has personnel certified to inspect and approve the fire and building code use group applicable to the residential facility.
(D) Each residential facility shall have smoke detectors located according to instructions of the local fire safety inspector or state fire marshal.
(E) Each smoke detector located in a residential facility shall be tested at least twice annually at regularly spaced intervals. Such testing shall be documented in a log which indicates the date of the test, the results, and action taken if the result of the test indicated that the smoke detector was inoperable or malfunctioning.
(F) No residential facility shall allow candles to be burned in sleeping areas.
(G) Free-standing wood-burning stoves and unvented kerosene, gas or oil heaters shall not be used in a residential facility.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) A residential facility shall have a written medical emergency plan which includes:
(1) Current emergency telephone numbers for fire, emergency squad, police, poison control, and security services.
(2) Locations of first aid supplies.
(a) There shall be first aid supplies in each residential living unit, in each building used for physical recreation and in each vehicle used, owned, leased or rented by the residential facility to transport children.
(b) All first aid supplies shall be stored in closed containers and shall be accessible to staff at all times.
(3) General instructions for medical emergencies including supervision of children during the emergency.
(4) General instructions in case of illness of a child.
(B) A residential facility shall document that each employee is trained in implementation of the emergency medical plan.
(C) A copy of the emergency medical plan shall be accessible at all times to staff working with children.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) Each residential facility shall maintain onsite only those poisonous, toxic, or flammable materials and substances that are used to maintain the residential facility.
(B) Poisonous and toxic materials and substances, except laundry supplies, shall be stored in accordance with the manufacturer’s storage instructions in locked storage spaces separate and apart from food and shall be clearly labeled. In cases where poisonous and toxic materials are transferred from their original containers to substitute containers, the substitute containers shall be clearly labeled as to their contents. Keys to storage spaces shall be available only to authorized staff.
(C) Flammable substances shall be stored and vented in accordance with the manufacturer’s instructions and instructions of the local or state fire inspector.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall not accept into care any child who does not meet the facility’s written admission policy pursuant to rule 5101:2-5-13 of the Administrative Code. No residential facility shall admit adults as residents into the facility.
(B) A residential facility shall not admit any child under the age of six years except:
(1) If the child is not less than four years of age and is part of a sibling group being admitted to the residential facility where at least one of the members of the sibling group is six years of age or older. The agency must document in the child’s record specific attempts which were made to secure more appropriate placement and the reasons no such placements were available. Placement of such child under the age of six years shall not exceed seventy-two hours; or
(2) If the child is three years of age or under and is the child of a teenage mother being admitted with the child’s parent to a residential parenting facility.
(3) If the child is admitted into a children’s crisis care facility in accordance with rule 5101:2-9-36 of the Administrative Code.
(C) A teenage mother with a child four years of age or older shall not be admitted with her child to a residential parenting facility.
(D) A teenage mother with more than two children shall not be admitted with more than two children to a residential parenting facility.
(E) A residential facility shall have a written individual child care agreement for each child, as required by rule 5101:2-42-90 of the Administrative Code, with the person or agency holding custody of the child. A written individual child care agreement shall also be executed for each child of a teenage mother placed in a residential parenting facility with the person or agency holding custody of the child.
(F) No residential facility shall exceed its certified capacity.
(G) A residential facility shall maintain an admissions log which shall include the name of each child admitted, the date of admission, the child’s date of birth, and the date of discharge. Such information shall also be recorded on the admissions log for a child of a teenage mother admitted to a residential parenting facility.
(H) A residential facility shall document prior to or at the time of admission, a physical description of each child , any available medical information, the name of the custodial agency or custodian placing the child, the reason for placement, the name of the person who transported the child to the residential facility and the name of the agency with which the person transporting the child is affiliated, if any. The facility’s record for the child shall also indicate, when applicable, the name of the placing agency contact person for the child.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 1/1/91, 9/18/96, 7/1/00, 9/1/02
(A) The service plan shall be developed in writing and reviewed at least once within thirty days of a child’s or teenage mother’s admission to the residential facility.
(1) The following shall be involved in the development, implementation and review of the service plan:
(a) The child as appropriate to age and functioning level.
(b) The individual or agency that placed the child or teenage mother.
(c) The guardian ad litem if appropriate.
(d) Staff members who provide direct care, counseling, group work, recreation, education and health services.
(2) The services plan shall receive written approval by at least one of the following:
(a) A licensed social worker.
(b) A licensed independent social worker.
(c) A licensed professional counselor.
(d) A licensed professional clinical counselor.
(B) The service plan shall, at a minimum, contain:
(1) A statement of goals and objectives the placement is designed to achieve.
(2) A statement of the timeframe projected for meeting the placement goals and objectives and projected placement plans upon discharge.
(3) A description of educational, counseling, recreational, vocational, and medical activities or services that will be provided by the children’s residential center, group home, or residential parenting facility.
(4) A description of any specialized services that will be provided or arranged.
(5) Frequency of progress reports to be provided to the individual or agency having custody which placed the child or teenage mother.
(6) Specifications for visitation between the child or teenage mother and family or friends, pursuant to rule 5101:2-9-16 of the Administrative Code.
(7) A behavior intervention plan that shall identify what behavioral management techniques will be used with the child and what techniques are contraindicated based upon the child’s medical, psychological or developmental history. Behavioral management techniques selected shall be based, at a minimum, upon the following considerations:
(a) The age of the child.
(b) The nature, pattern, and number of complaints or adjudicated felonies against the child.
(c) The previous placement history of the child (absences without leave, disciplinary problems).
(d) An assessment completed by a certified or licensed health care professional that documents whether there are medical contraindications to the use of specific behavior management interventions or behavior management techniques.
(e) An assessment completed by a certified or licensed practitioner of behavioral science that documents whether there are psychological or developmmental contraindications to the use of specific behavior management interventions or behavior management techniques.
(C) At least every ninety days after the initial review of the service plan pursuant to paragraph (A) of this rule, all individuals involved in the development and implementation of a service plan shall review the entire plan and, in consultation with the individual or agency having custody of the child or teenage mother, make any necessary amendments to the service plan. Such reviews shall be documented in the case record, and shall include an assessment of the current adjustment of each child or teenage mother and a determination of whether he/she should remain in the facility. Each review shall receive written approval by a licensed social worker, licensed independent social worker, licensed professional counselor, or a licensed professional clinical counselor.
Effective: 05/01/2008
R.C. 119.032 review dates: 01/03/2008 and 08/01/2010
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 5/1/98, 7/1/00, 1/1/03, 12/11/06
(A) Upon admission to a residential facility the staff of the facility shall document any currently prescribed medications for the child being admitted in accordance with rule 5101:2-42-66.2 of the Administrative Code. In consultation with the child’s physician, staff of each residential facility shall review each child’s current regimen of medication at least at the time of each semi-annual administrative case review or as often as directed by the child’s physician and, as authorized by the physician, make adjustments to that regimen as appropriate. In no event shall staff of a residential facility begin, alter, or suspend a child’s or teenage mother’s medication without the documented approval of a physician. If a child misses dosages of the medication for less than a forty-eight hour period, staff of the residential facility shall follow the instructions of the physician or the pharmacy that filled the prescription before restarting the medication. If a child misses dosages of the medication for longer than a forty-eight hour period, staff of the residential facility shall contact the physician or the pharmacist that filled the prescription and obtain written instruction on how to restart the medication.
(B) Each staff person who is in any way responsible for administering medication to a child shall be provided with a written schedule of the child’s medication. This schedule shall be maintained in each child’s case record as required by rule 5101:2-5-10 of the Administrative Code and shall include, but is not limited to, the following instructions and information:
(1) The name of the child.
(2) The name of each medication to be administered.
(3) The proper dosage of each medication to be administered.
(4) The timetable for administration of medication.
(5) Instructions regarding administration of medication.
(6) Information concerning possible side effects of each medication as indicated by the physician or pharmacist.
(C) No child shall be given any prescription medication which has not been prescribed for the child.
(D) Each residential facility shall maintain a written cumulative record of all prescribed medication administered to a child during placement in the facility. The current record shall be located with the medication and shall reflect reasons for altered or missed dosages of medications.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall have a handbook for residents and their families. This handbook shall be written in simple language and shall summarize the information included in the residential facility statement of purpose and program. In addition the handbook shall contain, but is not limited to:
(1) Regulations for residents.
(2) Visiting hours and visitation and communication policies pursuant to rule 5101:2-5-13 of the Administrative Code.
(3) The role and responsibility of the family in the care and treatment of the child.
(4) A complaint procedure for the resident and family pursuant to rule 5101:2-9-24 of the Administrative Code.
(5) An explanation of the procedure to report alleged child abuse or neglect to the local PCSA or law enforcement agency.
(6) A list of children’s rights pursuant to rule 5101:2-5-35 of the Administrative Code.
(B) A residential facility shall provide the handbook to the custodial agency, custodial parent or guardian of a resident and to each resident. The residential facility shall explain the contents of the handbook to the resident not later than three days after admission, according to the age and functioning level of the resident.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall ensure that arrangements for visitation and communication between the child and family or friends are not in conflict with the policy statement required by rule 5101:2-5-13 of the Administrative Code or the child’s case plan and that such arrangements are documented in the service plan.
(B) A residential facility shall allow a child to send and receive mail subject only to the residential facility’s rules regarding contraband and directives from the child’s legal custodian when such rules and directives do not conflict with federal postal regulations.
(C) A residential facility shall, in accordance with the service plan, allow a child access to a telephone which will permit the child to make and receive calls. A child’s access to use of a telephone shall not be unreasonably denied.
(D) A residential facility shall, in accordance with the service plan, provide reasonable conditions of privacy for visits and telephone contacts.
(E) A residential facility shall allow each child to confer with his or her attorney and guardian ad litem, by telephone or at the facility, in private, at reasonable times desired by the child.
(F) A residential facility shall designate space, which is not space in which children live, to serve as an area for private discussions and counseling sessions between children and staff.
(G) A residential facility shall ensure that a child who has access to electronic media, which may include internet and e-mail service, adheres to the agency’s policy regarding communications.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) Any money provided to or earned by a child shall be considered to be the child’s money and not funds belonging to the staff or the residential facility.
(B) A residential facility shall ensure that any child having the opportunity to receive or earn money has an account either at an established financial institution or in the residential facility for the safe keeping of such money. If the account is maintained at the residential facility, a written report of the current balance, deposits, withdrawals, and any interest earned shall be provided to the child at least every three months.
(C) A residential facility may issue credit script to children, in lieu of legal tender, for use within the facility.
(D) Within ten days of a planned discharge, or within thirty days if the discharge is not planned, funds belonging to a child kept at or by the facility shall be returned to the child.
(E) A residential facility shall not charge a resident for an item required to be provided to the resident as required in Chapter 5101:2-9 of the Administrative Code unless the resident is learning life skills as part of an independent living program.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall make available recreational equipment and activities sufficient to implement its recreational program. All recreational equipment necessary for the implementation of the recreation program shall be maintained in a safe and usable condition.
(B) A residential facility shall make available in each living unit within the facility, leisure-time equipment appropriate to the age, sex and developmental stage of the children housed in each residential unit. At a minimum, this equipment shall include books, games, and toys. All leisure-time equipment shall be maintained in a usable condition.
(C) A residential facility shall have a written plan for supervising organized or structured group activities.
(D) A residential facility shall permit the children to swim only when a person who has completed training in lifesaving or water safety is present.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall allow children in care to acquire, and to bring with them, personal belongings and property and to decorate bedrooms consistent with the developmental stage of the child , the child’s social, racial, cultural, religious, or ethnic background and limitations as established by the residential facility. Nothing in this rule shall be construed as preventing a residential facility from supervising the use of a child’s personal property, or from confiscating any items which pose a clear health or safety risk, or which interfere with the rights or privileges of others, or which are illegal to possess as a matter of state law or local ordinance. An agency shall make reasonable efforts to have the child present during a search of the child’s personal belongings.
(B) A residential facility shall provide each child , in cooperation with the individual or agency holding custody of the child , with clothing and footwear which is clean, well-fitting, and seasonal. Clothing provided to a child shall be considered to be a child’s personal property.
(C) Clothing provided by a residential facility shall be appropriate to the child’s age and sex.
(D) A residential facility shall provide each child with adequate personal toiletry supplies. These supplies shall be appropriate to the child’s age, sex, race, and cultural background and shall be considered to be the child’s personal property.
(E) A residential facility shall provide instruction on good habits of personal care, hygiene, and grooming. This instruction shall be appropriate to each child’s age, sex, race, cultural background, and need for training.
(F) A residential facility may assign a child daily tasks and work assignments within the facility. Such assignments shall be of the type normally performed by a child and shall not be beyond the child’s developmental ability to perform.
(G) Daily tasks and work assignments made pursuant to paragraph (F) of this rule shall not place the child in physical danger and shall not interfere with the child’s studies, normal social development, or child care responsibilities of a teenage mother.
(H) A residential facility shall make arrangements with the person or agency placing a child for each school-age child to attend a school that complies with the minimum standards as prescribed by the state board of education and shall ensure that the child attends school in accordance with the child care agreement.
(I) In accordance with the child’s service plan, a residential facility shall encourage a child to participate in community, school, recreational, and cultural heritage activities which are appropriate to the child’s age and functioning level and shall, as is necessary and reasonable, arrange appropriate transportation for the child to and from such activities.
(J) A residential facility shall permit a child to practice the chosen religious faith of the child or or his or her parent(s) and shall not subject a child to any form of religious coercion.
(K) A child or teenage mother shall not be baptized or submitted to any religious procedures without prior consent of the child or teenage mother according to their age and functioning level and prior approval of the child’s or teenage mother’s parent, guardian or custodian.
(L) A residential facility shall, as appropriate, teach a child or teenage mother tasks and skills required for life in the community.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall make available or make provision for each child to have available three nutritious meals per day scheduled at regular intervals. If more than four hours elapse between any two meals or if fourteen hours elapse between the evening meal and breakfast, a nutritious snack shall be served.
(B) The resident’s daily allowance of food shall meet the guidelines of appendix 1 to this rule which are from the most recent dietary guidelines for Americans published by the food and nutrition information center of the United States department of agriculture (USDA), as adjusted for the age and sex of each resident in the residential facility. Additional information on nutrition can be obtained from the USDA’s food and nutrition information center or the center for nutrition policy and promotion.
(C) All meats subject to inspection shall be inspected and graded by the federal or state department of agriculture.
(D) A minimum of three servings of pasteurized milk, vitamin D fortified, shall be provided in recommended amounts according to each child’s age and sex.
(E) A residential facility shall document that all agricultural, livestock, or dairy operations maintained by the facility conform to all applicable regulations adopted by the department of agriculture and the department of health.
(F) Each children’s residential center (CRC) shall prepare menus for at least one week in advance. Cycle menus, if used, shall be at least three weeks long.
(G) A residential facility shall not interfere with documented medical dietary restrictions or religious dietary restrictions of an individual child .
(H) Meals provided by a residential facility for direct child care staff shall be the same as those provided for the children or teenage mothers.
(I) Formula for an infant prepared by or in a residential parenting facility shall be prepared by the techniques recommended by the attending physician which shall be on file at the facility.
(J) Before preparing formula for an infant, all equipment used in the preparation and storage of the formula shall be thoroughly washed with hot water and detergent followed by a thorough rinsing in hot running water.
(K) Formula for an infant to be stored at the facility for any period of time shall be labeled with the child’s name and date of preparation.
(L) Formula for an infant shall be refrigerated immediately after preparation and shall not be used more than twenty-four hours after preparation. The timeframe for use after preparation may be longer than twenty-four hours if directed by a physician or as documented in the instructions of the formula. The timeframe shall not be extended beyond the physician’s recommendation or the instructions of the formula.
(M) Formula for an infant shall not be heated in a microwave oven.
Appendix 1: Nutrition Guidelines and Serving Sizes
Nutrition Guidelines
Food Group Number of Servings for Children ages 2 to 6 (about 1,600 calories) Number of Servings for Older Children 9 to 12 & Teen Girls (about 2,200 calories) Number of Servings for Teen Boys (about 2,800 calories)
Bread, Cereal, Rice and Pasta Group (Grains Group) -especially whole grain 6 9 11
Vegetable Group 3 4 5
Fruit Group 2 3 4
Milk, Yogurt, and Cheese Group (Milk Group)2 or 3* 2 or 3* 2 or 3*
Meat, poultry, Fish, Dry Beans, Eggs, and Nuts Group (Meat and Beans Group) 2, for a total of 5 ounces 2, for a total of 6 ounces 3, for a total of 7 ounces
*The number of servings depends on the child’s age. Older children and teenagers (ages 9 to 18 years) need 3 servings daily. Others need 2 servings daily. During pregnancy and lactation, the recommended number of milk group servings is the same as for nonpregnant women.
Serving Sizes
Bread, Cereal, Rice and Pasta Group (Grains Group) – whole grain and refined
1 slice of bread
About 1 cup of read-to-eat cereal
1/2 cup of cooked cereal, rice or pasta
Milk, Yogurt, and Cheese Group (Milk Group)*
1 cup of milk** or yogurt**
1 1/2 ounces of natural cheese** (such as Cheddar)
2 ounces of processed cheese** (such as American)
Vegetable Group
1 cup of raw leafy vegetables
1/2 cup of other vegetables – cooked or raw
3/4 cup of vegetable juice
Meat Poultry, Fish, Dry Beans, Eggs, and Nuts Group (Meat and Beans Group)
2-3 ounces of cooked lean meat, poultry, or fish
1/2 cup of cooked dry beans# or 1/2 cup of tofu counts as 1 ounce of lean meat
2 1/2 ounce soyburger or 1 egg counts as 1 ounce of lean meat
2 tablespoons of peanut butter or a cup of nuts counts as 1 ounce of meat
Fruit Group
1 medium apple, banana, orange, pear
1/2 cup chopped, cooked, or canned fruit
3/4 cup of fruit juice
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) Disciplinary policy and procedures of a residential facility shall be explained to each child , all staff, and a copy made available to persons or agencies who desire to place children in the facility.
(B) The residential facility disciplinary policy and procedures required pursuant to rule 5101:2-5-13 of the Administrative Code shall be humane, instructive and shall be administered with fairness, consistency and respect and regardless of the child’s race, sex, religion or cultural heritage. The policy and procedures shall prohibit all cruel and unusual punishments/practices including, but not limited to:
(1) Physical punishment such as spanking, punching, paddling, shaking, biting, hair pulling, pinching, physical hitting inflicted in any manner upon the body or roughly handling a child.
(2) Physically strenuous work or exercises, when used solely as a means of punishment.
(3) Forcing a child to maintain an uncomfortable position, or to continuously repeat physical movements when used solely as a means of punishment.
(4) Group punishments for the behavior of an individual.
(5) Verbal abuse, including swearing, directed at a child or derogatory remarks about a child’s family, race, religion, or cultural background or threats of physical violence against the child or removal of the child from the facility.
(6) Denial of social or recreational activities for more than seven consecutive days without prior written approval of the facility administrator.
(7) The denial of social, mental health or casework services, medical treatment, educational services or access to the guardian ad litem or attorney.
(8) The deprivation of meals.
(9) The use or denial of any medication as a punishment.
(10) The denial of visitation or communication rights with a child’s family as a means of punishment.
(11) The denial of sleep.
(12) The denial of shelter, clothing, bedding, or restroom facilities.
(13) The use of physical restraint as a means of punishment.
(14) Organized social ostracism such as codes of silence.
(15) The use of chemical restraint.
(16) The use of mechanical restraint.
(17) Isolation in a locked room used as punishment.
(18) Separation of a teenage mother and her child in a residential parenting facility as a means of punishment.
(C) Discipline shall be administered only by persons who are administrators or employees with direct care responsibilities of the residential facility. Children shall not discipline other children, except their own.
(D) If a residential facility places any restrictions upon any rights of a child including those pursuant to paragraph (A) of rule 5101:2-5-35 of the Administrative Code, the facility shall:
(1) Inform the child and the child’s custodian of the conditions of and the reasons for the restriction of rights;
(2) Place a written report summarizing the conditions of and reasons for the restriction of the child’s rights in that child’s record pursuant to rule 5101:2-5-10 of the Administrative Code;
(3) When a restriction of a child’s rights affects another individual, inform the individual, as appropriate, of the conditions of and reasons for the action;
(4) Document review of the restriction at least weekly. Any such restriction shall be included in the service plan and approved by the child’s custodian.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) A residential facility shall isolate residents only in accordance with the facility’s written policy required pursuant to rule 5101:2-5-13 of the Administrative Code, which has received the prior approval of the Ohio department of job and family services (ODJFS). Only one child shall be placed in an isolation room at a time.
Prior approval of the isolation room by ODJFS is required and is contingent upon an inspection of the room.
(B) A child shall not be isolated longer than thirty continuous minutes without written supervisory approval.
(C) A child shall not be isolated for longer than one continuous hour and no longer than a total of two hours in any twenty-four hour period.
(D) A residential facility shall ensure that isolation is used exclusively for the behavior management of a child who is out of control.
(E) Any room used for isolation shall be lighted, well-ventilated, and maintained at a comfortable temperature. The room shall be at least fifty-six square feet in size, and shall have a ceiling height of at least seven feet, six inches and shall be free of any objects or materials which might be used to inflict self-injury.
(F) Any room used for isolation shall not be used for visitation, counseling or group activities or discussions, recreation or private discussions between residents or staff and residents. When a child is placed in isolation, staff shall inform the child of the reason for placing him or her in isolation. Before continuing a child’s isolation, staff shall discuss with the child the need for continued isolation. Upon release from isolation, staff shall again discuss with the child the reason for the use of isolation.
(G) When isolation is used, the following procedures shall be followed:
(1) Staff members shall ensure that a child who is placed in isolation is not in possession of any object or material which might be used to inflict self-injury and that only one child is placed in an isolation room at a time.
(2) Staff shall be in auditory contact with an isolated child at all times, and shall make visual observation of an isolated child every five minutes during the period of isolation.
(3) Visual observations as required by paragraph (G) of this rule shall be documented in an isolation log. The isolation log shall contain, at a minimum, the name of the child, the time of placement in isolation, the reason for the placement in isolation and the discussion of the reason for isolation with the child pursuant to paragraph (F) of this rule, the chronology of observations including the signature or initials of the staff who placed the child in isolation, the written approval of the administrator or designee for continued isolation of a child for any period of isolation longer than thirty minutes and the time of removal from isolation.
(H) No child under the age of six shall be isolated for purposes of behavior management.
(I) Any restraint techniques used to restrain a child shall be previously approved and listed in the policy of the residential facility.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 1/1/91, 9/1/02
(A) A residential facility shall notify the individual or agency which placed the child or teenage mother within twenty-four hours if any of the following occur:
(1) Death of a the child or teenage mother;
(2) Absent without leave (AWOL);
(3) Non-routine medical treatment or any hospitalization;
(4) Expulsion or suspension from school;
(5) Any alleged delinquent or criminal activity of the child or teenage mother;
(6) Any situation in which the child or teenage mother is a victim of alleged delinquent or criminal activity;
(7) Suicide or self-mutilation attempts;
(8) Any use of physical restraint or isolation pursuant to rule 5101:2-9-22 of the Administrative Code;
(9) Any incident of alleged abuse or neglect; or
(10) Any other unusual incident as defined in the agency’s policies or by the agency.
(B) A residential facility shall, within twenty-four hours, complete a critical incident report for each occurrence of any of the items listed in paragraph (A) of this rule and shall document that the report was given to the individual or agency which placed the child or teenage mother.
(C) The administrator of a residential facility shall ensure that any employee, college intern or volunteer at the facility who knows of or suspects any physical or mental abuse, sexual abuse or exploitation or neglect or threatened abuse or neglect of a child by any person, including another resident of the facility, shall immediately report the situation pursuant to section 2151.421 of the Revised Code, or cause it to be reported.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) The residential facility complaint policy and procedure shall be written in clear and simple language and shall be given and explained to the child and family at the time of the child’s admission to the CRC, residential facility. Documentation that the child and family received the complaint policy and procedure shall be placed in the child’s file.
(B) The residential facility shall ensure that a child or family member is not required to transmit a complaint through the staff member who is the subject of the complaint.
(C) The residential facility shall ensure against retaliation by staff or by other children against the person making the complaint.
(D) The residential facility shall establish a procedure to make every effort to ensure that any complaint is resolved within thirty calendar days of the filing of the complaint and that unresolved complaints are reviewed by the administrator of the facility or designee within thirty calendar days of the filing of the complaint. For any complaint not resolved within thirty days, a written explanation of the reason why the complaint has not been resolved within thirty days shall be placed in the child’s record maintained pursuant to rule 5101:2-5-10 of the Administrative Code. A written report of each complaint and the resolution shall be compiled and a copy placed in the child’s record maintained pursuant to rule 5101:2-5-10 of the Administrative Code.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A group home owned or operated by a public children’s services agency (PCSA) shall not be located on the campus used for a children’s residential center (CRC) certified by the Ohio department of job and family services (ODJFS) and which is owned or operated by a PCSA.
(B) A residential parenting facility shall not be integrated as a part of another CRC or group home. A residential parenting facility owned or operated by a private child placing agency (PCPA) or private non-custodial agency (PNA) may be located on the same grounds as a CRC or group home owned or operated by the PCPA or PNA but only in a self-contained facility. The mixing of the differing populations is prohibited.
(C) Each residential parenting facility shall assure the availability of a program for each teenage mother in residence which teaches parenting skills either individually or in a group setting. The facility’s plan for the provision of such a program shall be presented for approval to ODJFS prior to initial certification.
(D) A teenage mother residing in a residential parenting facility shall be:
(1) Enrolled in school on a full-time basis during the school year or working towards a general educational development (GED) certificate; or
(2) Employed in a full-time job if she has completed her education plan, which may include receipt of a GED certificate; or
(3) Enrolled in school on a part-time basis or working towards a GED certificate and employed in a part-time job during the school year.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 1/1/91, 9/18/96, 9/1/02
(A) Each living unit of a children’s residential center (CRC) shall have at least sixty square feet of activity space per child residing in the living unit, exclusive of bedrooms, halls, bathrooms, kitchens, and storage areas.
(B) Activity space shall include areas equipped with sofas, armchairs, tables, and recreational equipment.
(C) For the purposes of this requirement, dining areas may be included in square footage requirements if used for activity space.
(D) Exceptions to space requirements in preexisting certified CRCs shall be subject to approval by the Ohio department of job and family services.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall have at least one area specifically used for dining within the facility. If a children’s residential center (CRC) maintains a dining area in each living unit, the dining area table and seating places shall be of sufficient size and number so that all children may eat together comfortably at one time. If a CRC maintains one or more dining areas that are separate and apart from the living units, all dining area tables and seating places shall be of sufficient size and number so that at least fifty per cent of all children may eat together comfortably at one time.
(B) During meal hours, the dining area portion of each residential facility shall be used solely for the purpose of eating.
(C) Each dining area within a residential facility shall be equipped with tables and chairs appropriate to the age, physical condition, and developmental stage of the children who will eat in the area.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) All bedrooms contained within a children’s residential center (CRC) shall have seventy-four square feet for the initial occupant and an additional fifty square feet for each additional occupant, and a ceiling height of at least seven feet, six inches.
(B) Bedrooms in a CRC or group home shall be used to sleep children of the same sex.
(C) No bedroom in a residential facility, constructed or put into use after January 1, 1991, shall be used to sleep more than four children.
(D) A residential facility shall not permit non-ambulatory children to sleep above the entry level of a building, unless the facility is specifically approved for such children by the state fire marshal or a local certified fire safety inspector.
(E) Each bedroom in a residential facility shall have at least one outside wall window. The window shall be screened and capable of opening and closing, unless the room is provided with a ventilation system which provides a regular change of fresh air.
(F) Each CRC utilizing live-in child care staff shall provide such staff with separate sleeping space and bathroom facilities.
(G) Each group home or residential parenting facility utilizing live-in child care staff shall provide such staff with separate sleeping space.
(H) Bedrooms in a residential facility shall be situated so as to allow direct access for occupants without the necessity to pass through a different bedroom or bathroom to access their bedroom.
(I) All bedrooms in a residential facility shall have a standard door.
(J) Each bedroom in a residential facility shall have one bed for each child assigned to the bedroom. Beds shall not be less than thirty inches wide and not less than five feet in length and appropriate to the child’s size. Each bed shall have a clean and comfortable mattress. A child’s bed shall not be used by another child when the child is temporarily away from the facility.
(K) Each child in a residential facility shall be provided with clean sheets, pillowcases, a pillow, and blankets.
(L) Sheets and pillowcases shall be changed and laundered at least weekly or more frequently if needed. Waterproof mattress coverings shall be provided to a child as needed.
(M) All bunk beds in use in a residential facility shall be equipped with safety rails on the upper tier for a child under the age of ten, or for any child whose physical, mental, or emotional condition indicates the need for such protection. A child under six years of age shall not sleep on the upper bunk of a bunk bed. No beds shall be bunked higher than two tiers. Bunk beds shall not be used in a residential parenting facility.
(N) Each child in a residential facility shall be provided with storage space for clothing and personal items in the bedroom to which the child is assigned. Each teenage mother in a residential parenting facility shall be provided with storage space for herself, and for her child’s clothing, in her bedroom.
(O) Each child in a residential facility shall be provided with closet or wardrobe space in their bedroom for hanging clothes. Each teenage mother in a residential parenting facility shall be provided with closet or wardrobe space in her bedroom for hanging clothes for herself and her child.
(P) In a residential parenting facility, no teenage mother and her child shall share a bedroom with another teenage mother and her child.
(Q) In a residential parenting facility, each teenage mother shall have a bed of her own and shall not be permitted to sleep with her child in the same bed on a regular basis.
(R) Each infant, toddler or preschool age child shall have an age appropriate bed. A bassinet shall be used only for infants under three months of age or less than fifteen pounds in weight. An infant or toddler under thirty-five inches in height shall be provided with a full sized crib which meets the following requirements:
(1) Crib slats shall be no more than two and three-eighths inches apart.
(2) Decorative cutout areas on crib end panels which could entrap the head of a child shall not be used.
(3) Locks and latches on the drop-side of a crib must be safe and secure from accidental release or release by the infant or toddler inside the crib.
(4) Each crib shall have a firm mattress which is at least one and one-half inches thick and covered with a waterproof material. The mattress must fit snugly enough in the frame so that there is no more than a one and one-half inch gap between the mattress and the sides of the crib.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02, 12/11/06
(A) Each living unit within a residential facility shall have a minimum of one wash basin with hot and cold water, one flush toilet, and one bath or shower with hot and cold water for every six children of the same sex, or fraction thereof, residing within the living unit.
(B) Bathrooms in a children’s residential center shall be located on the same floor as sleeping rooms.
(C) Bathrooms in a residential facility shall be situated so as to allow direct access to them without the necessity of passing through a bedroom, except when a bedroom has an attached bathroom used only for the children who reside in that bedroom.
(D) Each bathroom in a residential facility shall be supplied with toilet paper, towels or air dryers, soap, and wastebaskets.
(E) Bathtubs and showers in a residential facility shall have nonskid surfaces.
(F) Bathtubs and showers in a residential facility shall have enclosures or screens which afford individual privacy. When more than one toilet is located in the same bathroom, each toilet shall be partitioned and include a door capable of remaining closed.
Effective: 05/01/2008
R.C. 119.032 review dates: 01/03/2008 and 08/01/2010
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) Each children’s residential center owned or operated by a private child placing agency (PCPA) or private noncustodial agency (PNA) shall secure a food service license for each kitchen in which meals are prepared in accordance with the requirements of sections 3717.02 to 3717.99 of the Revised Code and Chapter 3701-21 of the Administrative Code pertaining to food service operation as administered and enforced by the local department of health.
(B) Each kitchen within a residential facility shall contain utensils and appliances for storage and preparation of meals served in the facility.
(C) Each food serving location within a residential facility shall be equipped with dishes, including serving dishes, cups, glasses, and silverware sufficient to serve the population assigned to eat at that location.
(D) In those cases where a residential facility living unit does not have access to a kitchen, the living unit shall be equipped with equipment that allows the preparation of light snacks.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) Each residential facility shall have operable laundry facilities at the facility, or contract with a vendor of such services.
(B) If a residential facility furnishes laundry facilities for use by children or teenage mothers within the facility, it shall provide necessary laundry supplies and shall locate these facilities in an area that:
(1) May be readily supervised by an adult.
(2) Is equipped with washers and dryers that do not require payment to operate.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) A residential facility shall ensure that all necessary transportation is made available for implementing each child’s service plan.
(B) All vehicles owned, rented or leased by a residential facility and which are used to transport children, shall be annually inspected and approved by the Ohio state highway patrol and continually maintained in a safe operating condition. Each facility shall maintain written maintenance records on all vehicles owned, rented or leased by it which are used for transporting children. First aid supplies shall be located in each vehicle owned, rented or leased by the residential facility to transport children.
(C) The residential facility shall keep documentation of automobile insurance for all privately owned vehicles used to transport children of the facility. The documentation of automobile insurance shall be updated annually to ensure the insurance coverage is current. First aid supplies shall be located in each privately owned vehicle when the vehicle is used to transport children of the facility.
(D) Each residential facility shall ensure that supervision appropriate to the number and ages of children being transported is available in any vehicle used by the facility to transport children.
(E) In a vehicle which is required by law to be equipped with passenger safety belts, the driver and all passengers shall be properly restrained by a safety belt while the vehicle is in motion. Children less than four years old or forty pounds in weight shall be restrained in a child restraint seat secured by a safety belt or the lower anchors and tethers for children (LATCH) system. The child restraint seat shall not be placed in the front seat of any motor vehicle that has a back seat. An infant less than one year of age or twenty pounds in weight shall be restrained only in a rear-facing position and, whenever possible, shall not be placed in the front seat of a motor vehicle equipped with passenger air bags. Children at least one year old and between twenty pounds and forty pounds in weight shall be restrained in a forward-facing position. When the child is at least four years old and forty pounds in weight and less than eighty pounds or shorter than four feet nine inches in height, the child shall be restrained in a belt positioning booster seat in a forward-facing position. Whenever possible, all children age twelve and under, when riding in a motor vehicle equipped with a back seat, shall not ride in the front seat of the vehicle.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 9/1/02
(A) A children’s residential center (CRC) shall secure a building approval and occupancy permit in each of the following instances:
(1) Prior to initial certification.
(2) At the time of any major modification or alteration of any existing structure, unless the structure will no longer be in use.
(3) As required by the Ohio department of commerce or from a county or municipal building department certified by the department of commerce to inspect and approve the building code use group applicable to the CRC.
(B) All building approvals and occupancy permits shall be secured from the Ohio department of commerce or from a county or municipal building department certified by the department of commerce to inspect and approve the building code use group applicable to the CRC.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02
(A) An agency certified to operate a residential facility shall establish a system where instances of behavior that are a danger to a child or to others shall be brought to the attention of appropriately trained behavior management staff.
(B) An agency certified to operate a residential facility which uses isolation and/or physical restraint as a behavior management tool shall establish an ongoing system for collecting and reviewing monthly aggregate data that reflects the use of restrictive treatment elements, including the number of applications of isolation and/or physical restraint, the names of staff members who participated in each instance of isolation or restraint, the range and average length of isolation and/or physical restraint, and unusual incidents and injuries in addition to the critical incident report. When it has been identified that there is an unusually high incidence of the use of isolation and/or physical restraint, the administrator shall review the agency’s policies on behavior intervention, physical restraint, and isolation to determine how such incidents can be lowered.
R.C. 119.032 review dates: 08/01/2007 and 08/01/2012
Promulgated Under: 5703.14
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 5/1/98, 8/18/03
(A) As used in Chapters 5101:2-5 and 5101:2-9 of the Administrative Code, a “children’s crisis care facility” means a facility that has as its primary purpose the provision of residential and other care to the children described in paragraph (A)(1) or (A)(2) of this rule:
(1) One or more pre-teens voluntarily placed in the facility by the pre-teen’s parent or other caretaker who is facing a crisis that causes the parent or other caretaker to seek temporary care for the pre-teen and referral for support services;
(2) One or more pre-teens placed in the facility by a public children services agency (PCSA) or private child placing agency (PCPA) that has legal custody or permanent custody of the pre-teen and determines that an emergency situation exists necessitating the pre-teen’s placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere.
(3) “Children’s crisis care facility” does not include either of the following:
(a) Any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, or children’s clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of alcohol and drug addiction services, the department of education, a local board of education, the department of youth services, the department of mental health, or the department of mental retardation and developmental disabilities;
(b) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody.
(B) “Pre-teen” means an individual under thirteen years of age.
(C) No person, agency, institution or association shall operate a children’s crisis care facility without a certificate issued by the director of the department of job and family services. No certificate to operate a children’s crisis care facility shall be issued or continued if the conditions at any of the applicant’s facilities would jeopardize the health or safety of the children for whom the children’s crisis care facility seeks to or provides care. A certificate to operate a children’s crisis care facility shall be issued only to a PCSA, PCPA or a private noncustodial agency (PNA).
(D) No certified children’s crisis care facility shall do any of the following:
(1) Provide residential care to a pre-teen for more than one hundred twenty days in a calendar year;
(2) Subject to paragraph (D)(3) of this rule and except as provided in paragraph (E) of this rule, provide residential care to a pre-teen for more than sixty consecutive days;
(3) Except as provided in paragraph (F) of this rule, provide residential care to a pre-teen for more than seventy-two consecutive hours if a PCSA or PCPA placed the pre-teen in the facility;
(4) Fail to comply with section 2151.86 of the Revised Code.
(E) A certified children’s crisis care facility may provide residential care to a pre-teen for up to ninety consecutive days, other than a pre-teen placed in the facility by a PCSA or PCPA, if any of the following are the case:
(1) The pre-teen’s parent or other caretaker is enrolled in an alcohol and drug addiction program certified under section 3793.06 of the Revised Code or a community mental health service certified under section 5119.611 of the Revised Code;
(2) The pre-teen’s parent or other caretaker is an inpatient in a hospital;
(3) The pre-teen’s parent or other caretaker is incarcerated;
(4) A physician has diagnosed the pre-teen’s parent or other caretaker as medically incapacitated.
(F) A certified children’s crisis care facility may provide residential care to a pre-teen placed in the facility by a PCSA or PCPA for more than seventy-two consecutive hours if the director of job and family services or the director’s designee issues the agency a waiver of the seventy-two consecutive hour limitation. The waiver may authorize the certified children’s crisis care facility to provide residential care to the pre-teen for up to fourteen consecutive days.
(G) The director of job and family services may suspend or revoke a children’s crisis care facility’s certificate pursuant to Chapter 119. of the Revised Code and in accordance with rule 5101:2-5-07 of the Administrative Code if the facility ceases to meet any provision of this rule or the facility’s operator ceases to comply with any of the rules governing the certification of children’s crisis care facilities. A PCSA, PCPA or PNA operating a children’s crisis care facility shall comply with all the requirements of Chapter 5101:2-5 of the Administrative Code as applicable to the type of the agency, depending on whether the agency is a PCSA, a PCPA, or a PNA. An agency operating a children’s crisis care facility shall comply with all applicable requirements of the rules in Chapter 5101:2-9 of the Administrative Code for residential facilities, depending on whether the facility is a group home or a children’s residential center, including those rules specified for a residential parenting facility. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 of the Administrative Code or Chapter 5101:2-9 of the Administrative Code, the provisions of this rule shall take precedence.
(H) An agency operating a children’s crisis care facility shall reasonably assure that child care staff persons are assigned to care for the same group of children each day and shall adhere to the following child care staff to children ratios:
(1) For children under the age of six years, including the children of child care staff, there shall be at least one awake child care staff person on duty at all times for every four children or fraction thereof;
(2) For children over the age of six years, including children of child care staff, there shall be at least one awake child care staff person on duty at all times for every six children or fraction thereof;
When a group of children includes children from more than one of the age groups listed in paragraph (H)(1) or (H)(2) of this rule, the staff to child ratio shall be determined according to the age of the youngest child within any group of children.
(3) There shall be at least two staff members on duty at all times when children are present in a crisis care facility.
(I) Comprehensive health care for a child admitted to a children’s crisis care facility shall be in accordance with rules 5101:2-42-66.1 and 5101:2-42-66.2 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of rule 5101:2-42-66.1 or rule 5101:2-42-66.2 of the Administrative Code, the provisions of this rule shall take precedence.
(J) A children’s crisis care facility shall have a policy on the management and prevention of communicable diseases that shall include, at a minimum:
(1) A child with any of the following signs or symptoms of illness shall be immediately isolated from other children. The child, while isolated shall be carefully watched for symptoms listed in paragraph (J)(2) of this rule.
(a) Unusual spots or rashes;
(b) Sore throat or difficulty in swallowing;
(c) Elevated temperature of one hundred degrees or above;
(d) Vomiting;
(e) Evidence of lice, scabies or other parasitic infection.
(2) A child with any of the following signs or symptoms of illness shall be immediately isolated and medically assessed by a licensed physician or registered nurse.
(a) Diarrhea (more than one abnormally loose stool within a twenty-four hour period);
(b) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound;
(c) Difficult or rapid breathing or wheezing;
(d) Yellowish skin or eyes;
(e) Conjunctivitis;
(f) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with any other sign of illness;
(g) Untreated infected skin patches;
(h) Unusually dark urine and/or grey or white stool;
(i) Stiff neck.
(3) A child isolated due to suspected communicable disease shall be:
(a) Cared for in a room or portion of a room not being used for other types of child care.
(b) Checked on every fifteen minutes and a notation made on an isolation log regarding the observation made.
(c) Made comfortable and provided with a bed. All linens and blankets used by the ill child shall be laundered before being used by another child. After use, the bed shall be disinfected with an appropriate germicidal agent, or, if soiled with blood, feces, vomit or other body fluids, the bed shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent.
(d) Observed carefully for worsening condition. If the condition has worsened, a physician shall be contacted.
(4) The universal blood and body fluid precautions according to the United States department of health and human services’ centers for disease control and prevention (CDC) as reported at the following internet address: http://www.cdc.gov/ncidod/dhqp/bp_universal_precautions.html.
(5) A procedure for immediate notification of the person or agency holding custody of a child when the child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease.
(6) The children’s crisis care facility’s procedures regarding the care of a mildly ill child. A “mildly ill child” is defined as one of the following:
(a) A child who is experiencing minor common cold symptoms, but who is not exhibiting any of the symptoms specified in paragraph (J)(1)or (J)(2)of this rule, or
(b) A child who does not feel well enough to participate in activities, but who is not exhibiting any of the symptoms specified in paragraph (J)(1) or (J)(2) of this rule.
(K) The children’s crisis care facility shall keep the person who placed a child informed of health care provided to the child while residing in the facility on a weekly basis and at discharge.
(L) The policy on the management and prevention of communicable disease shall also include instructions on handwashing procedures which shall include, but is not limited to:
(1) All staff and volunteers shall wash their hands with soap and running water upon entering and when leaving the children’s crisis care facility, after each diaper change, after assisting a child with toileting, after cleaning, after toileting, before preparing or eating food, before feeding any child, before and after administering medication, and after handling animals.
(2) Handwashing facilities shall be available within the area where children receive diaper or bathroom care.
(3) A handwashing facility is defined as a permanent-type fixture with running water which conforms to the requirements of the Ohio plumbing code in division 4101:3 of the Administrative Code.
(4) Children shall wash hands before and after eating.
(5) Disposable towels shall be available at the handwashing site at all times and shall be used to dry hands and turn off the water after handwashing.
(M) In addition to the diaper care procedures specified in rule 5101:2-9-05 of the Administrative Code, the following procedures shall be followed:
(1) No child’s diaper shall be changed in the child’s bed or crib;
(2) Each diaper changing area shall be disinfected after each diaper change with an appropriate germicidal agent. If the diaper changing area is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal and virus killing agent.
(3) Disposable materials are recommended for diaper changing, and, if used, shall be used once and discarded. If washcloths or other washable materials are used, they shall be used once and stored in an appropriate germicidal and virus killing solution until laundered.
(N) Each child admitted to a children’s crisis care facility shall be provided with an opportunity to safely and comfortably sit, crawl, toddle, or walk and play according to the child’s stage of development, under supervision and in a designated space apart from sleeping quarters each day in order to enhance development.
(1) Children of both genders and under twenty-four months in age who are not siblings may share the same bedroom.
(2) No children over twenty-four months of age and of different genders may share the same bedroom unless they are from the same sibling group.
(3) Siblings of differing genders are, at the discretion of the agency, allowed to share the same bedroom.
(4) All sleeping children shall be observed at least once per hour by agency staff.
(O) Each infant in care in a children’s crisis care facility shall be removed from his/her crib for all feedings and removed from the crib at other intervals during each day for individual attention. For the purpose of feeding, all infants without the ability to sit up shall either be placed in an infant seat, or held by a child care worker, other adult over twenty-one years of age, or the child’s parent, as appropriate to the child’s age. No child shall be placed in a crib or bassinet for feeding and no bottle shall be propped to feed an infant. Infants with the ability to sit up may be placed in a high chair for feeding.
(P) Infant food shall be prepared and served in a manner appropriate to the developmental needs of each child according to the child’s stage of development and in sufficient quantities to promote healthy growth and development.
(Q) There shall be at least one bathroom designated for use by children in a children’s crisis care facility and it shall have at least one wash basin and one toilet accessible for small sized children.
(R) Each dining area in a children’s crisis care facility shall be equipped with tables, chairs and eating utensils appropriate to the age, physical condition, and developmental stage of the children who will eat in the area.
(S) Potty chairs shall not be located in rooms used for food preparation or service and shall be emptied, rinsed and disinfected after each use.
(T) A children’s crisis care facility shall plan and provide, for each child twelve months and older, an opportunity for an on-site safely accessible, supervised and developmentally appropriate outdoor activity each day in suitable weather if not contraindicated by the child’s medical condition.
(1) All children shall be provided with appropriate outerwear and/or sunscreen as applicable to the weather conditions.
(2) The supervision of children by staff shall adhere to the required child/staff ratios specified in paragraph (H) of this rule when the children are using the outdoor play area including going to and coming from the play area. No child shall be left unsupervised in the outdoor play area.
(3) When a group of children is outdoors, the child care staff person(s) responsible for the group shall be able to summon another adult without leaving the group alone or unsupervised.
(4) The play area shall be supervised so that all children are within the sight and hearing of the supervising child care staff person(s) at all times.
(5) The surface of the outdoor play area shall be drained well enough so that standing water does not prohibit the use of the play area on a daily basis.
(6) The play area shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials, and other debris.
(7) The play area shall be well defined by a fence, hedge, natural or other barrier to protect the area from traffic, animals, or other hazards.
(8) The outdoor play area shall provide at least sixty square feet of usable space per child using the play area at any one time, regardless of the number of children the children’s crisis care facility is certified to serve.
(U) Stationary outdoor recreational equipment including, but not limited to, climbing gyms, swings or slides shall be securely anchored. All recreational equipment shall be appropriate to the developmental stage of the child attempting to use it.
(V) Hard surfaces under an outdoor climbing apparatus shall be covered by a cushioned protective surface such as mats, mulch, sand or wood chips.
(W) Lawn mowers, hedge clippers and other similar machinery shall not be used in an outdoor play area when a child is present in the play area.
(X) Washable equipment and furniture shall be cleaned with soap and water at least once a month. Any item soiled during daily use by body fluids shall immediately be cleaned with soap and water and then disinfected with an appropriate germicidal and virus killing agent. Toys and other items placed in a child’s mouth shall be cleaned thoroughly and disinfected with an appropriate germicidal solution and virus killing agent and rinsed with water at least once each day and immediately if soiled with bodily fluids including but not limited to blood, feces, urine or vomit.
(Y) No children’s crisis care facility shall allow candles to be burned in any area of the facility except on a child’s birthday cake.
(Z) A children’s crisis care facility shall allow smoking only in an outdoor designated area. In the designated smoking area there shall be a proper smoking waste receptacle for collection of waste. All staff who engage in smoking shall wash their hands before reentering the childcare area.
Effective:: 01/01/2008
R.C. 119.032 review dates: 08/01/2007 and 08/01/2010
Pronulgated Under: 119.03
Statutory Authority: 5103.13
Rule Amplifies: 5103.03, 5103.13
Prior Effective Dates: 12/11/2006