Chapter 5101:2-9 Children's Residential Centers, Group Homes, and Residential Parenting Facilities

5101:2-9-02 Staffing requirements.

(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) Child care staff shall provide supervision within sight or sound of the child or pursuant to the level of supervision specified in the child's service plan. A child may be left alone or unsupervised only in accordance with 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 children's residential center (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 at a residential facility shall not have overnight guests in the facility except for the children of live in staff members, who have resided in the home and are under the age of twenty-two.

(G) In accordance with rule 5101:2-5-09.1 of the Administrative Code, a criminal records check shall be requested for each person eighteen years of age or older that resides with the staff members in a residential facility.

(H) A JFS 01653 "Medical Statement for Foster Care/Adoptive Applicant and All Household Members" (rev. 6/2009) shall be completed for each person eighteen years of age or older that resides with the staff members in a residential facility.

(I) Children of staff members and children of residents living in a residential facility shall be counted in all child care staff ratios.

(J) Each residential facility shall have a written work schedule including provisions for use of relief staff, and a backup plan for emergency relief staff.

(K) 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.

(L) 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 an additional twenty hours of the first year training required by rule 5101:2-9-03 of the Administrative Code;

(3) The agency has received and reviewed the results of the criminal records check required by rule 5101:2-5-09.1 of the Administrative Code, and ensured that the employee has met the requirements pursuant to paragraph (H) of rule 5101:2-5-09 of the Administrative Code.

(4) The person possesses a current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification. The CPR certification shall be the type applicable to the age and size of the children able to be served in the facility.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 12/1/10

5101:2-9-03 Staff development and evaluation.

(A) A residential facility shall provide each child care staff person with a minimum of twenty hours of orientation within the first thirty days after the date of hire. 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.

(1) If a training is conducted outside the residential facility, the training shall include a transfer of learning component prior to or following the training.

(2) The transfer of learning component may include a pretest, a posttest, or a discussion following the training.

(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, under the supervision of child care staff who have met all of their training requirements, including casework supervision and consultation, shall not exceed fifty per cent of the requirements of this paragraph.

(1) If a training is conducted outside the residential facility, the training shall include a transfer of learning component prior to or following the training.

(2) The transfer of learning component may include a pretest, a posttest, or a discussion following the training.

(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 annual training related to agency policy, procedure, rules and the population that the agency serves. The training shall include documentation of the transfer of learning components addressed in paragraphs (A) and (B) of this rule. Regular ongoing duties of an employee, including casework supervision and consultation, shall not be counted toward the requirements of this paragraph.

(E) If a child care staff person is or will be providing care for a youth at least sixteen years of age, 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.

(F) If a child care staff person is separated from employment from the agency and returns to work with the agency, the employee shall not be required to complete the new orientation training requirements of paragraph (A) of this rule if the employee returns to work with the agency within one year from the date the employee separated employment.

(G) A child care staff person may still be allowed to work if the employee was not able to meet the continuing training requirements due to any of the following:

(1) Extended leave.

(2) Separation of employment for less than one year.

(3) Extended illness.

(4) Critical emergencies.

(5) Cancellation of training classes.

(H) If a child care staff person fails to complete their continuing training timely:

(1) The employee shall not be left alone with residents until all of the incomplete training hours are met.

(2) The record shall contain documentation of the reason the training hours were not met.

(3) The employee shall complete the missed training within sixty days of returning to work.

(4) The employee is responsible for completing their ongoing annual continuing training in addition to any training they failed to complete.

(I) 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 including acceptable physical restraint or acceptable alternatives to restraint, if restraint is prohibited.

(6) Familiarization of the employee with the discipline policy restrictions outlined in rule 5101:2-9-21 of the Administrative Code, the discipline and behavior intervention policy required by rule 5101:2-5-13 of the Administrative Code, and any additional requirements the agency may have.

(7) Procedures for reporting suspected child abuse or neglect pursuant to section 2151.421 of the Revised Code.

(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 at least sixteen years of age, 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.

(11) A review of Chapter 5101:2-9 of the Administrative Code as applicable to the functions of the agency.

(J) Each residential facility shall assure that all child care staff hired possess a current American red cross, American heart association, or equivalent first aid and cardiopulmonary resuscitation (CPR) certification 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 the type applicable to the age and size of the children to be served in the facility. Child care staff of a residential parenting facility and a children's crisis care facility shall be certified in infant, adult and child CPR. The first aid and CPR certifications shall be maintained current at all times unless the employee meets one of the following exceptions:

(1) Extended leave.

(2) Separation of employment for less than one year.

(3) Extended illness.

(4) Critical emergencies.

(5) Cancellation of training classes.

(K) A child care staff person shall not be permitted to work with children without another child care staff who is current on all first aid and CPR training and who is present at all times. If a child care staff person's first aid and CPR certification has been expired for more than ninety days, the staff member shall not be permitted to work in the facility without the required certification.

(L) There shall be at least one staff person with first aid and CPR certification on duty at all times in a living unit.

(M) 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.

(N) 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.

(O) If the facility revises any policy pertaining to children or child care staff, the child care staff shall receive training on the policy within thirty days of the revision.

(P) 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.

(Q) 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.

(R) Physical restraint may be used by child care staff only:

(1) For self protection.

(2) For protection of the child from imminent harm.

(3) To protect another person from the child.

(S) Child care staff shall use only the least restrictive physical restraint necessary to control a situation.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 09/15/08, 12/1/10

5101:2-9-04 General maintenance of a residential facility.

(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 inside 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.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-05 Requirements for residential parenting facility and crisis care facility furniture, materials and equipment; diaper changing.

(A) All equipment, materials, and furniture in a residential parenting facility and crisis care 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 their 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. Items shall be locked in a cabinet, drawer or room when not in use.

(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 and/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, washed, 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 once per 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 or crisis care 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 before and after each diaper change.

(3) When a central diaper changing station is used, there shall be a disposable separation material, that acts as a barrier placed between the child and the changing surface, which is discarded after each use.

(4) Any product used during diapering, which is used on more than one child, shall be used so that the container does not touch the child. Any product obtained from a common container shall be removed and applied in such a manner so as not to contaminate the product or its container. Common containers shall be cleaned and sanitized after each use.

(5) Storage and laundering of soiled diapers shall be handled in accordance with the following methods:

(a) Soiled diapers shall be disposed of in a plastic lined-receptacle that prevents hand contamination. The receptacle shall be covered or otherwise enclosed and be inaccessible to children. These containers shall be emptied, cleaned and sanitized at least daily, or more frequently as needed to eliminate odor.

(b) Soiled diapers to be laundered shall be stored in an appropriate germicidal solution, out of the reach of children, until laundered. Diapers to be laundered shall be held for laundering for no longer than one day.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated 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, 1/1/08, 12/1/10

5101:2-9-06 General safety.

(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 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 accordance with manufacturer's instructions. Such equipment may be used by children as permitted by law but only when under the supervision of a staff person.

(E) . Smoking shall not be permitted in the presence of a child. If a residential facility permits smoking, the 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 or on the grounds of 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 or crisis care 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 any local or state codes.

(I) Pets or other domesticated 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. Pet vaccinations shall be maintained current at all times.

(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.

(N) Stationary or portable outdoor recreational equipment designated for climbing, and swings and slides shall be anchored or stable. All recreational equipment shall be appropriate to the age and functioning level of the residents.

(O) Outdoor recreational equipment designated for climbing, and swings and slides shall be surrounded by a protective, resilient surface that meets the following requirements:

(1) Fall zones shall have a protective resilient material on the ground under and around the equipment.

(2) The material shall be, but not limited to, washed pea gravel, mulch, sand, wood chips, synthetic material such as rubber mats or tiles manufactured for this purpose. Synthetic surfaces shall follow manufacturer's guidelines for depth.

(3) Equipment shall not be placed over grass, concrete, asphalt, blacktop, dirt, rocks, or any hard surface.

(4) Any loose-fill particulate impact absorbing material under and around recreational equipment shall be checked at least monthly for packing, and shall be turned over or raked up to increase the resilience capability.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 12/1/10

5101:2-9-07 Emergency planning and preparedness.

(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 at varying times and shifts. 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.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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

5101:2-9-08 Fire safety.

(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 six months 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 or recertified 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. If the facility has a combined smoke detector and fire alarm system a fire alarm inspection shall be conducted by a company approved to test such equipment at least twice annually at regularly spaced intervals or approved by local or state fire inspector. The facility shall obtain annual alarm system testing and shall have documentation of testing.

(F) Each residential facility shall have fire extinguishers in specific locations as required by the certified fire inspector. Fire extinguishers shall be inspected as required by the fire inspector and documentation maintained.

(G) No residential facility shall allow candles to be burned in sleeping areas.

(H) Free-standing wood-burning stoves and unvented heaters that burn kerosene, gas or oil shall not be used in a residential facility.

(I) Portable heaters may be used and maintained in accordance with manufacturer's instructions, if the heater has been approved by the underwriter's laboratory, and are not prohibited by any local or state ordinances or fire inspector.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 12/1/10

5101:2-9-09 Emergency medical plan and first aid supplies.

(A) A residential facility shall have a written medical emergency plan which shall include:

(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.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-10 Storage of hazardous materials.

(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 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. Laundry supplies, except bleach, may be stored in an unlocked storage space separate and apart from food. 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 in addition to any instructions of the local or state fire inspector.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-11 Admissions and admissions log.

(A) A residential facility shall develop a written admissions policy specifying the type of child who will be accepted into the facility and the conditions under which a child would not be accepted. A residential facility shall not accept into care any child who does not meet the facility's policy or the facility's certified capacity, age and gender criteria. No residential facility shall admit adults as residents into the facility.

(B) A facility may admit a specific child who does not meet the agency's age limitation policy if the facility, in conjunction with a court, determines it will be able to meet the child's needs and the placement will not have a detrimental effect on the current population of children specified in the agency's policy.

(C) If a current resident of the facility reaches age eighteen, is expected to graduate by his or her nineteenth birthday, and remains in the custody of a court or public children services agency (PCSA), the facility may allow the resident to remain as a resident until graduation.

(D) A residential facility shall not admit any child under the age of six years except:

(1) If the child is at least 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. Placement of such child under the age of six years shall not exceed fourteen days.

(2) If the child 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.

(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) A residential facility shall, in the child's record, maintain documentation that the agency requested a copy of each child's individual child care agreement executed between the custodial agency and the residential facility. If the custodial agency provided a child's individual child care agreement, the residential facility shall maintain a copy of the agreement in the child's file.

(G) No residential facility shall exceed its certified capacity.

(H) Each residential facility shall maintain a separate 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.

(I) 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, phone number and address 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: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated 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, 1/1/08, 3/1/11

5101:2-9-12 Service plans.

(A) The service plan shall be developed in writing and approved within thirty days before or after a child's or teenage mother's admission to the residential facility.

(1) The following shall be invited to be involved in the development and implementation of the service plan:

(a) The child as appropriate to age and functioning level.

(b) The individual or agency that placed the child.

(c) The guardian ad litem and probation officer if applicable.

(d) Staff members who provide direct care, counseling, group work, recreation, education and health services and other service providers if applicable.

(2) The service 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.

(e) A civil service employee engaging in social work or professional counseling for a residential facility operated by a public children services agency (PCSA) or a local public entity (LPE) as described in rule 5101:2-5-02 of the Adminstrative Code. If a civil service employee is not a licensed social worker or licensed counselor, the employee shall not approve service plans for any other facility except a residential facility operated by the PCSA they are employed with.

(B) The service plan shall, at a minimum, contain:

(1) A statement of goals and objectives the placement is designed to achieve including the timeframe for meeting the placement goals and objectives.

(2) A statement of the placement plans upon discharge.

(3) A description of educational, counseling, recreational, vocational, religious and health care activities or services that will be provided to the child by the residential 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.

(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 each behavioral management technique to be used with the child and the techniques that 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, size and developmental level 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 developmental contraindications to the use of specific behavior management interventions or behavior management techniques.

(8) Specifications for supervision of the child.

(C) At least every ninety days after the initial service plan approval 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, 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 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, licensed professional clinical counselor, or a civil service employee engaging in social work or professional counseling for a residential facility operated by a PCSA or an LPE. If a civil service employee is not a licensed social worker or licensed counselor, the employee shall not approve service plans for any other facility except a residential facility operated by the PCSA they are employed with.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 5/1/08, 12/1/10

5101:2-9-14 Medications.

(A) Upon admission to a residential facility the staff of the facility shall document any currently prescribed medications for the child in accordance with rule 5101:2-42-66.2 of the Administrative Code.

(B) In consultation with the child's licensed health professional authorized to prescribe drugs, staff of each residential facility shall document each child's current regimen of medication:

(1) At the time of each semi-annual administrative case review.

(2) As often as directed by the child's licensed health professional authorized to prescribe drugs and, as authorized by the licensed health professional authorized to prescribe drugs. A "licensed health professional authorized to prescribe drugs" has the same meaning as defined in section 4729.01 of the Revised Code.

(C) A residential facility shall only make adjustments to the regimen of medication as authorized by the licensed health professional authorized to prescribe drugs.

(D) In no event shall staff of a residential facility begin, alter, or suspend a child's or teenage mother's medication without the documented verbal or written approval of a licensed health professional authorized to prescribe drugs.

(E) If a child misses dosages of the medication:

(1) For less than a forty-eight hour period, staff of the residential facility shall follow the instructions of the licensed health professional authorized to prescribe drugs or the pharmacy that filled the prescription before restarting the medication.

(2) For longer than a forty-eight hour period, staff of the residential facility shall contact the licensed health professional authorized to prescribe drugs or the pharmacist that filled the prescription and obtain written instruction on how to restart the medication.

(F) 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 a physician, pharmacist or a licensed health professional authorized to prescribe drugs.

(G) No child shall be given any prescription medication which has not been prescribed for the child.

(H) 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 prescribed medications.

(I) All medication in a residential facility shall be stored in a safe place away from children.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 3/1/11

5101:2-9-15 Residential facility handbook for residents and their families.

(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. The residential facility shall document the handbook was provided and explained in the child's case record.

(C) Any revisions to the handbook shall be provided to the custodial agency, custodial parent or guardian of a resident and to each resident in writing no later than fourteen days after the revision.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-16 Visiting and communications.

(A) A residential facility shall develop procedures to ensure that arrangements for visitation and communication between the child and family or friends are consistent with the 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 in accordance with paragraph (A)(3) of rule 5101:2-9-15 of the Administrative Code and shall be 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. A residential facility shall not open or read a child's mail unless specified in the child's case plan and/or service plan and approved by the child's custodian. A residential facility may require the child to open mail in front of a staff person if contraband is suspected and empty the package or envelope.

(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.

(D) A residential facility shall, in accordance with the service plan, provide privacy for visits and telephone contacts.

(E) A residential facility shall allow each child the opportunity to contact his or her attorney, caseworker, custodial agency worker, probation officer, court appointed special advocate (CASA) and guardian ad litem, by telephone or at the facility, in private, no later than twenty-four hours after the request is made by the child. If a child has a disability, the child shall have the opportunity to contact the state protection and advocacy organization.

(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 within or outside of the facility while under the supervision of agency staff, which may include internet, cell phones and e-mail service, adheres to the agency's policy regarding communications.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-17 Child's money.

(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.

(C) If the account is maintained at the residential facility:

(1) A written record of the current balance, deposits, withdrawals, and any interest earned shall be provided upon request.

(2) At least every three months or at the time of discharge a written report of the current balance, deposits, withdrawals, and any interest earned shall be provided to the child.

(3) A copy of the written report shall be maintained in the child's record.

(D) A residential facility may issue credit script to children, in lieu of legal tender, for use within the facility.

(E) At the time of a planned discharge, or within ten days if the discharge is not planned, funds belonging to a child kept at or by the facility shall be returned to the child.

(F) 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 pursuant to rules 5101:2-42-19 and 5101:2-42-19.1 of the Administrative Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-18 Recreation and leisure activities and equipment.

(A) A residential facility shall have a recreational program and 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.

(C) A residential facility shall have a written plan for supervising organized or structured group activities. All off site activities shall comply with rule 5101:2-9-02 of the Administrative Code.

(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.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-19 Personal belongings, hygiene, socialization, and education.

(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 gender identity.

(D) A residential facility shall provide each child with adequate personal toiletry supplies. These supplies shall be appropriate to the child's age, gender identity, 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, gender identity, race, cultural background, and need for training.

(F) A residential facility may assign a child daily tasks and work assignments on the grounds of or 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 his or her parent(s) and shall not subject a child to any form of religious coercion.

(K) A child shall not be baptized or submitted to any religious procedures without prior consent of the child according to their age and functioning level and prior approval of the child's parent, guardian or custodian.

(L) A residential facility shall, as appropriate, teach a child tasks and skills required for life in the community.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-20 Food and nutrition.

(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 most recent dietary guidelines for Americans published by the food and nutrition information center of the United States department of agriculture (USDA) . The most current guidelines can be accessed at www.cnpp.usda.gov/DietaryGuidelines.htm (2010).

(C) All meats served by the facility subject to inspection shall be inspected and graded by the federal or state department of agriculture.

(D) A minimum of three daily servings of pasteurized milk, vitamin D fortified, shall be provided or made available 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 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.

(I) Formula for an infant prepared by or in a residential parenting facility or a children's crisis care facility shall be prepared in accordance with the instructions of the formula or 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.

Click to view Appendix

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-21 Care, supervision and discipline.

(A) Disciplinary procedures of a residential facility shall be explained to all staff and each child according to their age and functioning level. A copy of the disciplinary procedures shall be made available to persons or agencies who desire to place children in the facility.

(B) The residential facility disciplinary procedures shall be humane, instructive and shall be administered with fairness, consistency and respect and regardless of the child's race, sex, gender identity, sexual orientation, disability, religion or cultural heritage. All cruel and unusual punishments/practices are prohibited including, but not limited to:

(1) Physical punishment such as spanking, punching, paddling, shaking, biting, spitting, hair pulling, pinching, pushing, physical hitting inflicted in any manner upon the body or roughly handling a child.

(2) Physically strenuous work or exercises, when used as a means of punishment, consequence or discipline.

(3) Forcing a child to maintain an uncomfortable position, or to continuously repeat physical movements when used as a means of punishment, consequence or discipline.

(4) Group punishments for the behavior of an individual. A group activity shall not be cancelled for the entire group, prior to the activity, due to the behavior of one or more individuals.

(5) Verbal abuse, including swearing, directed at a child or derogatory remarks about a child's family, race, gender identity, sexual orientation, disability, 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 five consecutive days without prior written approval of the facility administrator or designee and a certified or licensed practitioner of behavioral science.

(7) The denial of social, mental health or casework services, medical treatment, educational services or access to their guardian ad litem or attorney, probation officer, court appointed special advocate, placement worker or caseworker.

(8) The deprivation of meals or any required snack.

(9) The use or denial of any medication as a punishment or discipline.

(10) The denial of visitation or communication rights with a child's family as a means of punishment or discipline.

(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 or discipline.

(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 or unlocked room used as punishment.

(18) Separation of a teenage mother and her child in a residential parenting facility as a means of punishment.

(19) The use of prone restraints. Prone restraint is defined as all items or measures used to limit or control the movement or normal functioning of any portion, or all, of an individual's body while the individual is in a face-down position for an extended period of time. Prone restraint includes physical or mechanical restraint.

(20) Time out exceeding one minute for each year of the child's age, unless approval is granted by a certified or licensed practitioner of behavioral science and documented in the child's service plan.

(21) Punishment for actions over which the child has no control such as bedwetting, enuresis, encopresis or incidents that occur in the course of toilet training activities.

(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. All staff involved in the discipline of children shall meet the requirements of rule 5101:2-9-03 of the Administrative Code.

(D) Agency employees, contract staff, student interns and volunteers shall not engage in any act of omission or commission which results in the death, injury, illness, abuse, neglect, or exploitation of any child.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 12/1/10

5101:2-9-22 Isolation, seclusion and restraint.

(A) Physical restraint and isolation shall only be used in accordance with written approval of a certified or licensed health care professional and a certified or licensed practitioner of behavioral science, in emergency circumstances when less restrictive interventions have been determined to be ineffective and only to ensure the immediate physical safety of the child, a staff member or others. The use of physical restraint and isolation shall be limited to the following emergency situations:

(1) For protection of the child.

(2) To protect another person from a child.

(3) For self protection.

(B) A residential facility shall isolate residents only in accordance with the facility's written policy which has received the prior approval of the Ohio department of job and family services (ODJFS).

(C) Isolation shall only be used by a residential facility with an isolation room approved by ODJFS that meets the requirements of this rule.

(D) Only one child shall be placed in an isolation room at a time.

(E) A child shall not be isolated longer than fifteen continuous minutes without written supervisory approval.

(F) 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.

(G) A residential facility shall ensure that isolation is used exclusively for the behavior management of a child who is out of control at the time of isolation.

(H) Any room used for isolation shall be lighted, well-ventilated, and maintained at the same temperature as the rest of the facility. 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.

(I) Any room used for isolation shall not be used for any other purpose, at any other time.

(J) 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.

(K) Physical restraint and isolation shall only be utilized by staff who have current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification.

(L) 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 this rule shall be documented in an isolation log. The isolation log shall contain:

(a) The name of the child.

(b) The time of placement in isolation.

(c) The reason for the placement in isolation and the discussion of the reason for isolation with the child.

(d) The chronology of observations including the signature or initials of the staff who placed the child in isolation.

(e) The written supervisory approval of a child isolated longer than fifteen continuous minutes.

(f) The written approval of the administrator or designee for continued isolation of a child for any period of isolation longer than thirty minutes.

(g) The time of removal from isolation.

(M) No child under the age of six shall be isolated .

(N) Any restraint techniques used to restrain a child shall be previously approved and listed in the behavioral intervention policy of the residential facility.

(O) The physical restraint or isolation shall end when the child becomes calm or when the child's behavior no longer constitutes an emergency.

(P) Residential facilities that utilize either physical restraint or isolation, or both, shall provide all administrators and child care staff with training in the use of physical restraint or isolation, or both, pursuant to rule 5101:2-9-03 of the Administrative Code.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02 , 5103.03
Prior Effective Dates: 1/1/91, 9/1/02, 1/1/08, 12/1/10

5101:2-9-23 Notification and documentation of critical incidents.

(A) A residential facility shall notify the individual or agency which placed the child and the person or agency holding custody, if different, within twenty-four hours if any of the following occur:

(1) Death of the child or teenage mother .

(2) Absent without leave (AWOL) and the return from AWOL .

(3) Any serious injury or illness involving initial non-routine medical treatment.

(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 incident of alleged abuse or neglect.

(9) Any involvement with law enforcement.

(10) Any use of physical restraint or isolation pursuant to rule 5101:2-9-22 of the Administrative Code;

(11) Any other unusual incident as defined in the agency's policies or by the agency.

(B) A residential facility shall 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 provided no later than the next business day after the occurrence to the individual or agency which placed the child and person or agency holding custody, if different.

(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.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 12/1/10

5101:2-9-24 Child and family complaint policy and procedure.

(A) The residential facility shall have a complaint policy and procedure written in clear and simple language that shall be given and explained to the child and family at the time of the child's admission to the 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 days of the filing of the complaint and that unresolved complaints are reviewed by the administrator of the facility or designee within thirty 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: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-25 Residential parenting facility and crisis care facility location and programmatic requirements.

(A) A residential parenting facility or crisis care facility shall not be integrated as a part of another children's residential center (CRC) or group home. A residential parenting facility or crisis care facility shall be a self-contained facility. The mixing of the differing populations is prohibited.

(B) Each residential parenting facility shall assure the availability of a program for each minor parent 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.

(C) A minor parent 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 or documentation of actively seeking employment, if he or she has completed their 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 or documentation of actively seeking employment, during the school year.

(D) Any school aged child residing in a residential parenting facility or crisis care facility shall be enrolled in school during the school year.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated 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, 1/1/08, 12/1/10

5101:2-9-26 Living rooms, dining areas and lounges.

(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) A residential facility shall have at least one area specifically used for dining within the facility. If a 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.

(E) During meal hours, the dining area portion of each residential facility shall be used only for the purpose of eating.

(F) 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: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-27 [Rescinded]Dining areas.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-28 Bedrooms.

(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.

(1) If a residential facility certified prior to the effective date of this rule has an approved variance for the square footage requirement, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by ODJFS.

(2) All facilities certified after the effective date of this rule shall adhere to the square footage requirements of this paragraph.

(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 equipped with a means for providing privacy. The window shall also 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 not have the entry to a child's bedroom located so as to require the child to pass through another bedroom or a bathroom in order to enter his or her bedroom, or to require another person to pass through the child's bedroom to enter another room.

(1) If a residential facility certified prior to December 1, 2010 has an approved variance for the pass through requirement, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by ODJFS.

(2) All facilities certified after the effective date of this rule shall adhere to the pass through requirements of this paragraph.

(I) All bedrooms in a residential facility shall have a standard door that is capable of opening and closing.

(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.

(1) If a residential facility certified prior to December 1, 2010 has an approved variance for any requirement of this paragraph, the facility may still remain in operation as long as the agency has a copy of the approved variance on file for review by ODJFS.

(2) All facilities certified after December 1, 2010 shall adhere to the requirements of this paragraph.

(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 space in their bedroom for hanging clothes. Each teenage mother in a residential parenting facility shall be provided with space in her bedroom for hanging clothes for herself and her child.

(P) If a residential facility removes any required items from a child's bedroom, the facility shall document the reason for the removal and shall have a statement showing the removal of the items was necessary for the safety and well being of the child signed by one of the following:

(1) A licensed social worker.

(2) A licensed independent social worker.

(3) A licensed professional counselor.

(4) A licensed professional clinical counselor.

(5) A civil service employee engaging in social work or professional counseling for a residential facility operated by a public children services agency (PCSA) or a local public entity (LPE) as described in rule 5101:2-5-02 of the Adminstrative Code. If a civil service employee is not a licensed social worker or licensed counselor, the employee shall not sign statements for any other facility except a residential facility operated by the PCSA they are employed with.

(Q) In a residential parenting facility, no teenage mother and her child shall share a bedroom with another teenage mother and her child.

(R) 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 .

(S) 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) Drop-side cribs shall not be used.

(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.

(5) The facility is responsible for monitoring for recall and safety information as issued by the consumer product safety commission (CPSC), and ensuring that CPSC recommendations related to equipment used by the facility are followed.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 12/11/06, 1/1/08, 12/1/10

5101:2-9-29 Bathrooms.

(A) Each residential facility shall have a minimum of one sink 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 facility.

(B) A children's residential center (CRC) shall have at least one bathroom with a toilet and sink on the floor with the 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 have toilet paper, towels or air dryers, soap, and wastebaskets available for use.

(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: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 5/1/08, 12/1/10

5101:2-9-30 Kitchens and kitchen supplies.

(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 Chapter 3717. 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 permanent or disposable utensils and appliances for storage and preparation of meals served in the facility at any one time.

(C) Each food serving location within a residential facility shall be equipped with permanent or disposable 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: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-31 Laundry facilities.

(A) Each residential facility shall have operable laundry facilities at the facility, or contract with a vendor of laundry 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.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
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, 9/1/02

5101:2-9-32 Transportation.

(A) A residential facility shall ensure that all necessary transportation is made available for implementing each child's service plan.

(B) Vehicles owned, rented or leased by a residential facility that are used to transport children shall meet all of the following requirements:

(1) All vehicles used for transporting children of the facility shall be annually inspected and approved by the Ohio state highway patrol and continually maintained in a safe operating condition.

(2) Each facility shall maintain written maintenance records on all vehicles which are used for transporting children.

(3) First aid supplies shall be located in each when the vehicle is used to transport children.

(4) All vehicles shall be maintained in a safe condition and in compliance with all motor vehicle laws and shall be covered by liability insurance in accordance with current state laws.

(C) Vehicles privately owned, rented or leased that are used by a residential facility to transport children shall meet all of the following requirements:

(1) All privately owned vehicles used to transport children of the facility shall be annually inspected and approved by the Ohio state highway patrol and continually maintained in a safe operating condition.

(2) The residential facility shall keep current documentation of automobile insurance for all privately owned vehicles used to transport children of the facility.

(3) First aid supplies shall be located in each privately owned vehicle when the vehicle is used to transport children of the facility.

(4) All privately owned vehicles used to transport children of the facility shall be maintained in a safe condition and in compliance with all motor vehicle laws and shall be covered by liability insurance in accordance with current state laws.

(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.

(F) 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.

(1) 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.

(2) Children at least one year old and between twenty pounds and forty pounds in weight shall be restrained in a forward-facing position.

(G) If paragraph (F) of this rule does not apply and the child is less than eight years of age and less than four feet nine inches in height, the child shall be properly restrained in a booster seat. The booster seat shall be placed in the back of any motor vehicle that has a back seat.

(H) If paragraph (F) of this rule does not apply and the child is at least eight years of age but not older than fifteen years of age, the child shall be restrained in a belt positioning booster seat in a forward-facing position or in a seat belt including both a lap belt and a shoulder belt in vehicles that are so equipped.

(I) Each residential facility shall ensure the recall and safety information issued by the consumer product safety commission (CPSC) related to child safety seats or booster seats are reviewed. Any safety recommendations made by the CPSC in regard to child safety seats or booster seats shall be implemented by the facility.

(J) 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.

(K) Paragraphs (F), (G) and (H) of this rule do not apply to a residential facility who has a signed affidavit by a licensed physician in Ohio or a licensed chiropractor in Ohio. The affidavit shall state that the child who otherwise would be required to be restrained, has a physical impairment that makes use of a child restraint system, booster seat, or an occupant restraining device impossible or impractical, provided the person operating the vehicle has safely and appropriately restrained the child in accordance with any recommendation of the physician or chiropractor as noted on the affidavit.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 1/1/08, 2/1/10, 12/1/10

5101:2-9-34 Building approval.

(A) A children's residential center (CRC) shall secure a building approval and occupancy permit :

(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.

(C) Each residential facility shall maintain compliance with all local and state building codes and ordinances.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
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, 9/1/02, 1/1/08, 12/1/10

5101:2-9-35 Additional programmatic requirements regarding behavior management.

(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 injuries in addition to the critical incident report. When there is an unusually high incidence of the use of isolation and/or physical restraint, the administrator or designee shall review the agency's policies on behavior intervention, physical restraint, and isolation to determine how such incidents can be reduced.

Effective: 11/01/2013
R.C. 119.032 review dates: 08/02/2013 and 08/01/2018
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02 , 5103.03
Prior Effective Dates: 5/1/98, 8/18/03

5101:2-9-36 Additional requirements for children's crisis care facilities.

(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 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 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.

(D) 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 service or a community mental health service certified under section 5119.36 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.

(E) 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.

(F) 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.

(G) 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 child care staff person on duty during awake hours for every five 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 child care staff person on duty during awake hours for every six children or fraction thereof .

(3) For children ages zero to twelve, including the children of child care staff, there shall be at least one awake child care staff person on duty during sleeping hours for every eight children or fraction thereof.

(4) When a group of children includes children from more than one of the age groups listed in paragraph (H)(1), (H)(2) or (H)(3) of this rule, the staff to child ratio shall be determined according to the age of the youngest child within any group of children.

(5) There shall be at least two staff members on duty at all times when children are present in a crisis care facility.

(H) 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.

(I) For the purpose of the management and prevention of communicable diseases, a children's crisis care facility shall adhere to the following procedures:

(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 (I)(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 (I)(1) or (I)(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 (I)(1) or (I)(2) of this rule.

(J) 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.

(K) The children's crisis care facility shall adhere to the following handwashing procedures:

(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.

(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.

(L) 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.

(M) 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.

(N) 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.

(O) 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.

(P) 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.

(Q) 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.

(R) 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 (G) 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.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.13
Rule Amplifies: 5103.03 , 5103.13
Prior Effective Dates: 12/11/06, 1/1/08, 12/1/10