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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

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

 
 
 
Rule
Rule 5101:2-9-02 | Staffing requirements.
 

(A) When children are present during waking hours in a residential facility living unit, there is to be at least one child care staff person for each ten children. Child care staff is to 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 is to 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 is to 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 will 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 is to 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 will 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 and background check is to 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" is to 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 are to be counted in all child care staff ratios.

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

(K) A residential facility is to have at least one child care staff on site who is:

(1) Trained in the reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(2) Designated to make decisions involving the participation of a child in age appropriate or developmentally appropriate activities.

(3) Designated to be the caregiver authorized to apply the reasonable and prudent parent standard.

(L) All relief child care staff and emergency child care staff of a residential facility are to meet the requirements of rules 5101:2-5-09, 5101:2-5-09.1 and 5101:2-9-03 of the Administrative Code.

(M) Newly hired child care staff are to be given on-the-job supervision and will 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 possesses a current American red cross, American heart association or equivalent first aid and cardiopulmonary resuscitation (CPR) certification. The CPR certification is to be the type applicable to the age and size of the children able to be served in the facility.

Last updated February 15, 2024 at 1:49 PM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/15/2029
Prior Effective Dates: 1/1/1991
Rule 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 fourteen 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) The trauma informed approach implemented by the agency as required by rule 5101:2-9-42 of the Administrative Code, if the individual does not have a current "Level 2 Trauma Informed" or "Level 3 Trauma Competent" certificate.

(5) Appropriate techniques of behavior management.

(6) Techniques and methodologies of crisis management including acceptable physical restraint or acceptable alternatives to restraint, if restraint is prohibited.

(7) 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.

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

(9) The emergency medical plan of the residential facility.

(10) Universal precautions.

(11) If a child care staff person will be providing care for a youth at least fourteen 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.

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

(13) The implementation of the community engagement plan as described in division (B) of section 5103.051 of the Revised Code.

(14) The procedures for responding to incidents involving a child at the facility and neighbors or the police as described in division (B) of section 5103.051 of the Revised Code.

(15) The reasonable and prudent parent standard as described in division (C) of section 5103.162 of the Revised Code.

(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.

(T) Each residential facility is to ensure completion of initial and annual training for all employees, volunteers, and independent contractors within the facility in trauma-informed care, or the individual must have a current "Level 2 Trauma Informed" or "Level 3 Trauma Competent" certificate.

Supplemental Information

Authorized By: 5103.03, 5153.16, 5101.141
Amplifies: 5103.03, 5153.16, 5101.141
Five Year Review Date: 3/4/2026
Prior Effective Dates: 1/1/2003, 12/1/2015
Rule 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 within twelve months prior to initial certification and annually thereafter.

Last updated May 1, 2023 at 8:51 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 12/30/1966
Rule 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. 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 7/1/2014
Rule 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 or on duty. 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) A residential facility is to be free of peeling or chipping paint. If a potential lead hazard is identified, the Ohio department of job and family services (ODJFS) is to make a referral to the appropriate agency.

(D) 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.

(E) 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.

(F) 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.

(G) 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.

(H) 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.

(I) Each residential facility shall document that all swimming pools maintained by the facility comply with the requirements of any local or state codes.

(J) 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.

(K) 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.

(L) Door locks:

(1) All locks on at least one door to any room or storage area in which a child could be confined in a 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 or storage area without a key.

(2) Doors on the grounds of a residential facility that do not need a lock that can be unlocked from either side of the door are:

(a) 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.

(b) A separate building such as a garage, barn or storage shed on the grounds of a residential facility.

(c) Keys to these type of doors shall be kept in a place accessible only to staff of the facility.

(M) 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.

(N) 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.

(O) 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.

(P) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 3/4/2026
Prior Effective Dates: 9/18/1996, 2/1/2020
Rule 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 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.

Last updated May 1, 2023 at 8:51 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 9/18/1996
Rule 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. 02/2015) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 9/1/2002
Rule 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 by children 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 and keep in the employee training records that each employee is trained in implementation of the emergency medical plan.

(C) A copy of the emergency medical plan shall be posted in each building used by children.

Last updated May 1, 2023 at 8:52 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 12/30/1966, 1/1/1991
Rule 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:

(1) Stored in accordance with the manufacturer's storage instructions in locked storage spaces separate and apart from food.

(2) Clearly labeled.

(C) 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.

(D) Laundry supplies, except bleach, may be stored in an unlocked storage space separate and apart from food.

(E) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.03, 5103.02
Five Year Review Date: 2/1/2025
Prior Effective Dates: 10/1/1986, 9/1/2002, 1/1/2008
Rule 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 and is expected to graduate by his or her nineteenth birthday, the facility may allow the resident to remain as a resident until graduation.

(D) A residential facility will 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.

(4) If the child is admitted into a residential infant care center in accordance with rule 5101:2-9-43 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.

Last updated February 1, 2023 at 8:50 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.03, 5103.02
Five Year Review Date: 2/1/2025
Prior Effective Dates: 1/1/2008
Rule 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) Service plan reviews:

(1) The first service plan review shall be completed no later than 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 be invited to 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.

(2) For all subsequent reviews, the facility shall invite all individuals involved in the development and implementation of the service plan and the plan shall be completed no later than ninety days after the most recent review.

(3) The 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 the child should remain in the facility.

(4) 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.

(5) 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.

(D) A residential facility shall provide a written copy of the service plan and service plan review to the individual or agency that placed the child. The residential facility shall document that the service plan and service plan review was provided to the individual or agency that placed the child.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 1/1/1991, 5/1/2008, 12/1/2010, 7/1/2014
Rule 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 and authorized by the child's 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 except that an inhaler or other medication may be available to a person with a special health condition, who may need these for an emergency.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 1/1/1991, 9/1/2002, 1/1/2008, 3/1/2011, 7/1/2014
Rule 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 is to contain, but is not limited to:

(1) Rules and expectations 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) The foster youth bill of rights as contained in rule 5101:2-5-35 of the Administrative Code.

(7) Contact information for the Ohio youth ombudsman and information on how to make a complaint to the Ohio youth ombudsman. This information is to include the phone number and online complaint form for the Ohio youth ombudsman along with procedures for the resident to have private access to a phone or computer for the purpose of contacting the Ohio youth ombudsman.

(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, providing assistance for the parent or guardian and resident who may have a disability. 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.

Last updated May 1, 2023 at 8:52 AM

Supplemental Information

Authorized By: 5103.02, 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 9/1/2002
Rule 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 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 12/1/2010
Rule 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) Funds belonging to a child kept at or by the facility shall be returned to the child:

(1) At the time of a planned discharge.

(2) Within ten days if the discharge is not planned.

(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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 12/30/1966, 1/1/1991, 9/1/2002, 7/1/2014
Rule 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 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 monitored by a person who has completed lifesaving or water safety training.

Last updated May 1, 2023 at 8:52 AM

Supplemental Information

Authorized By: 5103.02, 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 11/1/2013
Rule 5101:2-9-19 | Personal belongings, hygiene, socialization, and education.
 

(A) A residential facility shall allow children in care to:

(1) Acquire personal belongings.

(2) Bring personal belongings with them.

(3) Decorate bedrooms consistent with the limitations established by the residential facility and considering:

(a) The developmental stage of the child.

(b) The child's social, racial, cultural, religious, or ethnic background.

(B) Nothing in this rule shall be construed as preventing a residential facility from:

(1) Supervising the use of a child's personal property.

(2) Confiscating any items which:

(a) Pose a clear health or safety risk.

(b) Interfere with the rights or privileges of others.

(c) Are illegal to possess as a matter of state law or local ordinance.

(C) An agency shall make reasonable efforts to have the child present during a search of the child's personal belongings.

(D) 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.

(E) Clothing provided by a residential facility shall be appropriate to the child's age and gender identity.

(F) 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.

(G) 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.

(H) 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.

(I) Daily tasks and work assignments made pursuant to paragraph (H) 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.

(J) 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.

(K) 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.

(L) 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.

(M) 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.

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

(O) In accordance with section 5103.162 of the Revised Code, child care staff shall use the reasonable and prudent parent standard when considering whether to authorize a child who resides in the residential facility to participate in extracurricular, enrichment, and social activities in accordance with section 2151.315 of the Revised Code.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 1/1/1991, 1/1/2008
Rule 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 https://health.gov/dietaryguidelines/2015/guidelines/ (2015).

(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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 7/1/2014
Rule 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 a method of intervention where a person's face and/or frontal part of his or her body is placed in a downward position touching any survace for any 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.

Last updated December 15, 2023 at 7:37 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 12/15/2028
Prior Effective Dates: 9/18/1996, 12/1/2010
Rule 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.

(B) Physical restraint and isolation shall only be used 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.

(C) 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.

(D) 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).

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

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

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

(H) 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.

(I) 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.

(J) 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.

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

(L) 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.

(M) 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.

(N) 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.

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

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

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

(R) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 7/1/2014
Rule 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 while the child is placed in the facility:

(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. All critical incidents involving restraint or isolation shall be completed on the JFS 01386 "Restraint and Isolation Incident Report" (4/2019) or a facility equivalent form and a copy of this form shall be placed in the aggregate data log as described in paragraph (B) of rule 5101:2-9-35 of the Administrative Code. If the facility uses it's own equivalent form, it may be either a physical form or an electronic form and the form shall, at a minimum, capture all the information listed on the JFS 01386.

(C) Reports of child abuse and neglect in a residential facility.

(1) Pursuant to section 2151.421 of the Revised Code, the following persons shall immediately report a situation listed in paragraph (C)(2) of this rule:

(a) Administrator.

(b) Employee.

(c) College intern.

(d) Volunteer.

(2) An individual listed in paragraph (C)(1) of this rule shall make a report when they know or suspect any of the following:

(a) Physical abuse.

(b) Mental abuse.

(c) Sexual abuse.

(d) Exploitation.

(e) Neglect.

(f) Threatened abuse or neglect.

(3) A report shall be made when the offense is committed by any person, including another resident of the facility.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 9/18/1996, 9/1/2002
Rule 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) Complaints in a residential facility.

(1) A residential facility shall:

(a) Establish a procedure to make every effort to ensure that any complaint is resolved within thirty days of the filing of the complaint.

(b) Ensure unresolved complaints are reviewed by the administrator of the facility or designee within thirty days of the filing of the complaint.

(2) 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.

(3) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 7/1/2014
Rule 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 mother in residence which teaches parenting skills either individually or in a group setting. The facility's plan for the provision of such a program shall be presented for approval to ODJFS prior to initial certification.

(C) A minor mother residing in a residential parenting facility shall meet at least one of the following requirements:

(1) Enrolled in school on a full-time basis during the school year or working towards a general educational development (GED) certificate.

(2) Employed in a full-time job or documentation of actively seeking employment, if she has completed their education plan, which may include receipt of a GED certificate.

(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.

(E) If a minor mother or expectant minor mother, who is a current resident of the residential parenting facility, reaches eighteen years of age, the facility may allow the resident to remain at the facility until age nineteen.

Last updated January 2, 2024 at 9:39 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 1/1/2029
Prior Effective Dates: 1/1/1991
Rule 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.

(1) If a CRC maintains a dining area in each living unit, the dining area table and seating places will be of sufficient size and number so that all children may eat together comfortably at one time.

(2) 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 will be of sufficient size and number so that at least fifty per cent of all children may eat together comfortably at one time.

(3) If a group home maintains a dining area, the dining area tables and seating places will be of sufficient size and number so that all children may eat together comforably 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.

Last updated May 1, 2023 at 8:52 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 1/1/1991
Rule 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 such as a central air conditioning system.

(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.

(6) Only cribs that are compliant with the U.S. consumer product safety commission specifications shall be used. The specifications can be found in 16 C.F.R. 1219 (2011).

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 10/1/1986, 12/11/2006
Rule 5101:2-9-29 | Bathrooms.
 

(A) A residential facility with bathrooms that have more than one toilet, sink, bath or shower shall have one bathroom for every six children of the same sex, or fraction thereof.

(1) Each sink shall have hot and cold water.

(2) Each toilet shall be capable of flushing.

(3) Each bath or shower shall have hot and cold water.

(B) If a residential facility has a private, single bathroom containing one sink, one flush toilet, and one bath or shower, the bathroom may be used to meet the ratio requirement of one bathroom for every six children, or fraction thereof.

(1) The sink shall have hot and cold water.

(2) The toilet shall be capable of flushing.

(3) The bath or shower shall have hot and cold water.

(C) Children at a crisis care facility who are still using diapers and under the age of three shall not be counted in the bathroom ratio requirements of paragraphs (A) and (B) of this rule.

(D) A children's residential center (CRC) shall have at least one bathroom with a toilet and sink on the floor with the sleeping rooms.

(E) 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.

(F) Each bathroom in a residential facility shall have toilet paper, towels or air dryers, soap, and wastebaskets available for use.

(G) Bathtubs and showers in a residential facility shall have nonskid surfaces.

(H) Except for bathtubs exclusively used to bathe children age zero to three in a crisis care facility, all 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 5/1/2008
Rule 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 have:

(1) Permanent or disposable utensils.

(2) Appliances for storage and preparation of meals served in the facility.

(C) Each food serving location within a residential facility shall provide the following permanent or disposable items in sufficient quanity to serve the population assigned to eat at that location:

(1) Serving dishes.

(2) Cups or glasses.

(3) Silverware.

(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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 1/1/2008, 7/1/2014
Rule 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. A public laundromat may be used;

(1) If the residential laundry facilities become temporarily inoperable.

(2) As a life skills training for youth, as applicable for age and developmental level, at no cost to the residents.

(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.

Last updated May 1, 2023 at 8:53 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Rule 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 any employee shall have a valid driver's license when transporting children in either a privately owned vehicle or a vehicle owned by the facilty.

(E) 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.

(F) 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.

(G) 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.

(H) If paragraph (G) 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.

(I) If paragraph (G) 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.

(J) 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.

(K) 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.

(L) Paragraphs (G), (H) and (I) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 9/18/1996, 1/1/2008
Rule 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 CRC building approvals and occupancy permits shall be secured from either of the following:

(1) The Ohio department of commerce.

(2) 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.

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 2/1/2025
Prior Effective Dates: 9/1/2002, 1/1/2008, 12/1/2010
Rule 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 but not limited to:

(1) The number of applications of isolation and/or physical restraint.

(2) The youth's name and age.

(3) The names of staff members who participated in each instance of isolation or restraint.

(4) The range and average length of isolation and/or physical restraint.

(5) The injuries, in additon to the critical incident report.

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

Last updated May 1, 2023 at 8:53 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.02, 5103.03
Five Year Review Date: 5/1/2028
Prior Effective Dates: 8/18/2003
Rule 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, residential infant care center, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of education, a local board of education, the department of youth services, the department of mental health and addiction services, 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 (C)(3) of this rule and except as provided in paragraph (D) of this rule, provide residential care to a pre-teen for more than ninety consecutive days, which includes transfer of a pre-teen in a different location of the same agency;

(3) Provide residential care to a pre-teen for more than fourteen consecutive days 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) 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.

(E) An agency operating a children's crisis care facility shall reasonably ensure 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 (E)(1), (E)(2) or (E)(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.

(6) In case of an emergency, the children's crisis care facility may include administrative staff, interns and volunteers toward the required staff ratio for a period of no more than three hours if the administrative staff, interns, or volunteers meet the following requirements:

(a) Completed training in the mission of the children's crisis care facility.

(b) Completed training pursuant to rule 5101:2-9-03 of the Administrative Code.

(c) Are supervised by facility staff.

(d) Have completed a background check pursuant to rule 5101:2-5-09.1 of the Administrative Code.

(F) An agency may use contracted transportation providers on whom a background check and driving record check has been conducted and is on file with the contracted company or agency, if such use is necessary for the facility to maintain the required child care staff to child ratio, while children are being transported.

(G) In place of a service plan and a case plan, an engagement plan is to be developed and completed no later than five business days for any child placed for more than five business days. A children's crisis care facility is to develop an engagement plan with the individual or agency that placed the child and provide a copy at that time. The engagement plan is to address at a minimum:

(1) Steps that will be taken to resolve the issues that necessitated the placement.

(2) Obligations and expectations of the individual or agency that placed the child while their child is placed at the facility.

(3) Identification of any special care needs of the child that will need to be addressed while in placement.

(4) Projected timeline for discharge.

(5) Develop a visitation plan for the pre-teen's parent or caretaker, which may include:

(a) On-site visitation, which will not include overnight visits.

(b) Off-site, overnight visitation with parent or caretaker and other approved relatives.

(H) If a certified crisis care agency has multiple facilities, a preteen may be transferred between facilities one time during their stay. A transfer summary is to be completed and is to include:

(1) Reason for transfer.

(2) Originating location and location of transfer.

(3) Parent or caretaker contact information.

(4) Upcoming appointments.

(5) Dietary restrictions.

(6) Medical services provided and medications.

(7) School.

(8) Adjustment summary.

(9) Projected discharge and discharge caregiver.

(I) Comprehensive health care for a child admitted to a children's crisis care facility shall be in accordance with rules 5101:2-42-66.1 and 5101:2-42-66.2 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of rule 5101:2-42-66.1 or rule 5101:2-42-66.2 of the Administrative Code, the provisions of this rule shall take precedence.

(J) An agency is to employ a licensed social worker, a licensed independent social worker, a licensed professional counselor or a licensed professional clinical counselor.

(K) Upon admission to an agency, there is to be a dedicated and private enclosed space for completing admission paperwork and medical forms.

(L) If pediatric medical services are provided at the facility, the following is to be provided:

(1) Medical service is to be provided by a qualified licensed and insured medical professional.

(2) Ensure all staff, volunteers and interns comply with the privacy requirements of the Health Insurance Portability and Accountability Act of 1996.

(3) An examining room which contains:

(a) A sink or tub.

(b) Medical exam table,

(c) Pediatric medical equipment.

(d) Medical record system.

(M) Upon discharge, if a pre-teen is admitted by the parent or caretaker and the pre-teen requires on-going medical care following discharge from the facility, a medical professional or licensed social worker is to ensure the parent or caretaker is competent to provide the on-going care. If the medical professional or licensed social worker determines the parent or caretaker is not able to provide the on-going care, a referral to the PCSA will be completed.

(N) 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 (N)(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 is to 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;

(d) Yellowish skin or eyes;

(e) Vomiting more than one time or in combination with any other sign or symptom of illness;

(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, unusual spots or rashes;

(h) Unusually dark urine and/or grey or white stool;

(i) Stiff neck with elevated temperature.

(j) Redness of the eye or eyelid, with eye discharge, matted eyelashes, burning, itching or eye pain.

(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, within sight and hearing at all times by the child care staff.

(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).

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

(O) 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.

(P) The children's crisis care facility is to 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 are to wash hands after toileting.

(5) Children shall wash hands before and after eating.

(6) Children are to wash hands after going outside to a play area.

(7) Children are to wash hands after handling animals.

(8) 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.

(Q) 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 separation materials at a central diaper changing station 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.

(R) 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.

(S) 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.

(T) A video monitor may be used to observe napping or sleeping children under the age of two. The video monitor is to:

(1) Be positioned out of reach of the child.

(2) Have only one child in an individual crib in its view.

(3) Monitor and not have recording capabilities.

(U) 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.

(V) 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.

(W) 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.

(X) 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 unless the child's medical condition does not allow the child to participate.

(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 (E) 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.

(Y) A children's crisis care facility shall be compliant with section 5103.132 of the Revised Code.

Last updated January 3, 2023 at 8:57 AM

Supplemental Information

Authorized By: 5103.13
Amplifies: 5103.03, 5103.13
Five Year Review Date: 1/1/2028
Prior Effective Dates: 12/1/2010
Rule 5101:2-9-37 | Information to be provided by residential facilities.
 

(A) A new residential facility shall, within ten days after obtaining certification, provide the following information to all county, municipal, or township law enforcement agencies, emergency management agencies and fire departments with jurisdiction over the facility:

(1) A written notice that a facility will be operating in the agency's or department's jurisdiction including:

(a) The address of the facility.

(b) The type of residential facility.

(c) The contact information for the facility.

(2) A copy of the facility's procedures for emergencies and disasters pursuant to rule 5101:2-5-13.1 of the Administrative Code.

(3) A copy of the facility's medical emergency plan pursuant to rule 5101:2-9-09 of the Administrative Code.

(4) A copy of the facility's community engagement plan pursuant to rule 5101:2-9-38 of the Administrative Code.

(B) A residential facility shall, within ten days of recertification, provide to all county, municipal, or township law enforcement agencies, emergency management agencies and fire departments with jurisdiction over the facility updated copies of the following:

(1) A copy of the facility's procedures for emergencies and disasters pursuant to rule 5101:2-5-13.1 of the Administrative Code.

(2) A copy of the facility's medical emergency plan pursuant to rule 5101:2-9-09 of the Administrative Code.

(3) A copy of the facility's community engagement plan pursuant to rule 5101:2-9-38 of the Administrative Code.

Supplemental Information

Authorized By: 5103.02, 5103.03, 5103.05, 5103.051
Amplifies: 5103.02, 5103.03, 5103.05, 5103.051
Five Year Review Date: 3/4/2026
Prior Effective Dates: 6/1/2015
Rule 5101:2-9-38 | Community engagement plan for residential facilities.
 

(A) A residential facility shall have a written community engagement plan which shall include:

(1) Protocols for the community in which a residential facility is located to communicate concerns or other pertinent information directly to the facility which shall include at a minimum:

(a) A contact phone number for the facility.

(b) If the facility has an email address, the email address shall also be provided.

(2) The agency shall provide all applicable information listed in paragraph (A)(1) of this rule to the following:

(a) Upon request to an individual.

(b) If the facility has a website, the information shall be made available on the site.

(3) Protocols for the agency in responding to such a communication which shall include a time frame for responding to a community request.

(B) A residential facility shall ensure staff are trained on the implementation of the community engagement plan and procedures for responding to incidents involving a child at the facility and neighbors or the police.

(1) If the training is conducted by an external provider, the training shall include a transfer of learning component.

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

Supplemental Information

Authorized By: 5103.02, 5103.03, 5103.05, 5103.051
Amplifies: 5103.02, 5103.03, 5103.05, 5103.051
Five Year Review Date: 3/4/2026
Prior Effective Dates: 6/1/2015
Rule 5101:2-9-40 | Private, nonprofit therapeutic wilderness camps.
 

(A) As used in this rule:

(1) "Base camp" means the permanent or semi-permanent structure at which the basic needs for camp operation, such as resident housing, water supply and septic systems, permanent toilet and cooking facilities, are provided.

(2) "Mobile camp" means a portion of the base campsite premises or another site at which the basic needs for camp operation, such as water supply systems, permanent toilet and cooking facilities or other permanent structures, are not provided and in which a child stays no longer than twenty-one days before returning to the base camp.

(B) A private noncustodial agency (PNA) operating as a private, nonprofit therapeutic wilderness camp (PNTWC) shall comply with all applicable rules of Chapters 5101:2-5 and 5101:2-9 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, the provisions of this rule shall take precedence.

(C) The person employed as the administrator of a private, nonprofit therapeutic wilderness camp (PNTWC) is to meet at least one of the following requirements:

(1) At least six years of experience at a therapeutic wilderness camp, including at least four years management or supervision of child care personnel and other qualifications and experience as determined by the governing body in writing.

(2) An associate's degree from a college or university accredited by a nationally recognized accrediting organization with at least four years of experience, including two years management or supervision of child care personnel.

(3) A bachelor's degree from a college or university accredited by a nationally recognized accrediting organization.

(D) A PNTWC shall provide a copy of a map for the entire camp to ODJFS.

(E) Child care staff at a therapeutic wilderness camp shall, as part of the initial orientation training requirements of rule 5101:2-9-03 of the Administrative Code, obtain training in the following:

(1) Wilderness weather emergency and precautions and procedures.

(2) Water safety.

(F) A PNTWC will ensure there is a child care staff qualified in wilderness first aid to care for children both at base camp and on excursions away from base camp.

(G) A base camp shall comply with all inspection and safety standards of a residential facility set forth in Chapter 5101:2-9 of the Administrative Code unless the requirements are modified by this rule or statute. A mobile camp does not have to meet the standards of Chapter 5101:2-9 of the Administrative Code, but it shall comply with the additional requirements set forth in this rule.

(H) A child shall meet the following criteria to be eligible for admittance to a PNTWC:

(1) Be ten years old or older. The PNTWC may admit a nine year old if the child has been evaluated by a certified professional with no direct affiliation to the camp and the certified professional approves the placement.

(a) For children under age thirteen, the PNTWC shall only place the children in a program component designed for this age group.

(b) Factors for determining the program component for the child shall be, at a minimum:

(i) Age.

(ii) Developmental level.

(iii) Physical maturity.

(iv) Social maturity.

(v) Behavioral maturity.

(vi) Cognitive level.

(vii) Diagnosis, if any.

(viii) Individual needs of each child.

(2) Be experiencing emotional, behavioral, moral, social or learning difficulties as reported by the parent or another relative having custody.

(3) Be willing to participate in the camp. The agency shall document the child's willingness to attend the camp.

(I) A PNTWC shall not admit:

(1) An adult.

(2) A child who is pregnant. If a child becomes pregnant while in care, the camp shall arrange for the child's immediate discharge.

(3) A minor parent with his or her child.

(4) A child with primary medical needs or other medical conditions that cannot be easily provided to the child at the base campsite or during mobile camping excursions.

(5) A child diagnosed with a severe pervasive developmental disorder which would limit the child's ability to function in the camp environment.

(6) A child for child day care services.

(J) A child shall not be left unsupervised at any time.

(K) A PNTWC shall ensure that no child resides at the camp for more than twelve consecutive months unless the camp has completed a full evaluation that determines the child is not ready for reunification with the child's family or guardian. In order to ensure the safety, health and care of a child residing longer than twelve consecutive months, the PNTWC shall obtain:

(1) A report of a physical examination by a licensed physician, physician assistant, clinical nurse specialist, certified nurse practitioner, or certified nurse-midwife. Any written documentation of the physical examination shall be completed by the individual who conducted the examination.

(2) A report of a psychiatric or psychological examination conducted by a psychologist, psychiatrist or other appropriately licensed professional with no direct affiliation to the camp. Any written documentation of the psychiatric or psychological examination shall be completed by the individual who conducted the examination.

(L) A PNTWC shall cooperate with any request from the director or designee for an inspection or for access to records or written policies of the camp.

(M) A PNTWC shall ensure that if there is a weather emergency or warning issued by the national weather service in the camp's geographic area, the children will be moved to a safe structure guarded from the weather event.

(N) A PNTWC shall ensure that all sharp tools used in the camp, including axes and knives, are locked unless in use by camp staff or otherwise under camp staff supervision. All sharp tools used in the camp, including axes and knives shall be locked during sleeping hours.

(O) A base camp may use a wood burning stove for heating purposes if approved by the fire inspector.

(P) A base camp shall have a type of indoor and outdoor illumination available for all structures.

(Q) A base camp is not required to have a hand rail for dirt steps built into a hillside.

(R) A base camp is not required to have a hand rail for bridges that are no longer than eight feet and no higher than five feet from ground level.

(S) A child shall have footwear, clothing and equipment to protect them from the environment and weather conditions. This equipment shall never be removed, denied, or made unavailable to a child. There shall never be a deprivation of any equipment as a consequence for the child's inability to perform an activity. Such equipment shall include:

(1) Sunscreen.

(2) Insect repellent.

(3) A backpack if hiking on an excursion.

(4) Personal hygiene items.

(5) Feminine hygiene supplies.

(6) Waterproof footwear.

(7) Sleeping bags for a mobile camp:

(a) Sleeping bags rated for the current seasonal conditions when the average nighttime temperature is forty degrees fahrenheit or warmer.

(b) Sleeping bags rated for the current seasonal conditions, shelter and ground pad for colder months when the average nighttime temperature is thirty-nine degrees fahrenheit or lower and basic clothing to ensure a child's protection against seasonal change in the environment.

(8) The camp shall provide children with clean clothing daily, launder clothing weekly and shall provide a means for children to bathe or otherwise clean their bodies a minimum of one time per day.

(T) Sleeping arrangements at a base camp.

(1) Children of the opposite sex shall not sleep in the same structure.

(2) Staff shall not sleep in the same structure with children of the opposite sex.

(3) Sleeping arrangements shall be approved by the fire inspector and shall meet the requirements set forth in rule 3701-25-09 of the Administrative Code.

(4) Children shall be provided with proper bedding as appropriate for the season.

(U) Bathrooms at a base camp.

(1) A base camp 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 per gender if the camp serves more than one gender.

(2) Children of the opposite sex shall not use the same bathroom facility at the same time.

(3) Staff shall not use the bathroom facility if children of the opposite sex are using the facility at the same time.

(4) Each bathroom shall have toilet paper, towels or air dryers, soap, and wastebaskets available for use.

(5) Bathtubs and showers shall have enclosures or screens which afford individual privacy.

(6) When more than one toilet is located in the same bathroom, each toilet shall be partitioned and include a door capable of remaining closed.

(V) A PNTWC shall comply with all nutritional requirements of rule 5101:2-9-20 of the Administrative Code except that the camp may deviate from the timeframe requirements listed in paragraph (A) of rule 5101:2-9-20 of the Administrative Code.

(1) The PNTWC shall not allow more than five hours to elapse between meals and not more than fourteen hours between the evening meal and breakfast.

(2) The PNTWC shall prepare menus at least one week in advance and shall demonstrate how the menu meets the minimum nutritional guidelines as set forth in rule 5101:2-9-20 of the Adminstrative Code.

(W) In addition to the nutritional requirements of rule 5101:2-9-20 of the Administrative Code, a camp shall ensure:

(1) Six quarts of potable water shall be available per person, per day, minimum, plus one additional quart per person for each five miles hiked. Although it is not required that the entire amount be hand carried, access to water shall be available at all times during hiking.

(2) In temperatures above ninety degrees fahrenheit, staff shall make sure a child's intake is a minimum of three quarts of water per day, electrolyte replacement shall be available with a hiking group at all times.

(3) In temperatures above eighty degrees fahrenheit, water shall be available for coating the child's body, and other cooling down techniques shall be available for the purpose of cooling as needed.

(4) Water shall be available at each campsite. Water cache location information shall be verified with field staff before the group leaves camp each day.

(5) Mobile camps shall ensure that all water from natural sources be treated for sanitation to eliminate health hazards.

(6) A PNTWC shall obtain a food service license if required by the local health department.

(X) Hiking.

(1) Hiking shall not exceed the physical capability of the weakest member of the group.

(2) The weight of a backpack to be carried by each child shall not exceed twenty per cent of the child's body weight. If the child is required to carry other items, the total of all weight carried shall not exceed thirty per cent of the child's body weight.

(3) Hiking shall be prohibited at temperatures above ninety degrees fahrenheit. or at temperatures below ten degrees fahrenheit.

(4) Staff shall carry thermometers which accurately display the current outside temperature.

(5) If a child cannot or will not hike, the group shall not continue unless eminent danger exists. The reasons for refusal or inability to continue will be established and resolved before hiking continues. Program directors are responsible to train staff regarding this standard and to regularly monitor compliance.

(Y) Any excursion shall have a plan including map routes, and anticipated schedules and times shall be carried by the field staff and recorded in the field office.

(1) Staff shall maintain a signed, daily log or dictate a recorded log to be transcribed and signed immediately following the conclusion of the activity. All log entries shall be recorded in permanent ink and be made available to the Ohio department of job and family services (ODJFS) licensing specialist upon request.

(2) The log shall contain the following information regarding the excursion:

(a) Accidents.

(b) Injuries.

(c) Medications.

(d) Medical concerns.

(e) Behavioral problems.

(f) Any unusual occurrences.

(Z) A mobile camping excursion shall last no more than twenty-one days, after which children on the camping excursion shall return to the base camp.

(1) Children must remain at the base camp at least ten days between mobile camping excursions and activities.

(2) In addition to meeting the staff ratio requirements in rule 5101:2-9-02 of the Administrative Code, the camp shall have at least two staff present during any mobile camping excursion.

(3) In a mixed gender group, there shall be a staff member of each gender with the group at all times during the excursion.

(4) The camp may use privies and portable toilets in remote camping areas. The camp shall ensure that the privies and portable toilets are:

(a) Maintained in good repair and kept clean at all times.

(b) Constructed and maintained according to manufacturer designs and standards set forth by the department of health.

(c) Equipped with toilet paper at all times.

(d) Serviced in accordance with the standards set forth by the department of health.

(e) Privies and portable toilet facilities not equipped with running water shall have a waterless alcohol-based hand sanitizer available for use inside or adjacent to the toilet facilities.

(5) If the camp site is not provided with privies or other portable toilets, the camp shall comply with any requirements of the department of health regarding the proper disposal of human waste in these locations. There shall be a waterless alcohol-based hand sanitizer available for use.

(6) While on a mobile camping excursion, the camp shall provide:

(a) Personal hygiene supplies that are biodegradable.

(b) Means for a child to bathe or clean his or her body at least twice weekly.

(c) Females with hand sanitizing wipes or similar products as well as feminine products for feminine hygiene purposes.

(d) A way to launder clothes or provide clean clothes at least weekly.

Last updated October 1, 2021 at 8:29 AM

Supplemental Information

Authorized By: 5103.02, 5103.03, 5103.50
Amplifies: 5103.02, 5103.03, 5103.50
Five Year Review Date: 10/1/2026
Rule 5101:2-9-42 | Qualified residential treatment program (QRTP).
 

(A) A residential facility that is certified by the Ohio department of job and family services (ODJFS) and accepts children for placement is to comply with the requirements in this rule. Agencies whose initial certification date is on or after October 1, 2020 are to be compliant with this rule in order to become certified. Agencies certified prior to October 1, 2020 have until October 1, 2024 to become compliant with the requirements related to meeting QRTP standards. In order to maintain title IV-E reimbursability, residential agencies are to meet the standards in this rule by October 1, 2021.

(B) A QRTP is defined as a facility that:

(1) Is not a private, nonprofit therapeutic wilderness camp.

(2) Is not a scholars residential facility.

(3) Has a residential program that is accredited by at least one of the following national accrediting bodies and provides ongoing proof of such accreditation status to ODJFS:

(a) Commission on accreditation of rehabilitation facilities.

(b) Joint commission on accreditation of healthcare organizations.

(c) Council on accreditation.

(4) Implements a trauma-informed approach in which all employees, volunteers, interns and independent contractors within the facility are trained in that trauma-informed approach. Trauma-informed training is to occur within the first thirty days of hire and annually thereafter in accordance with rule 5101:2-9-03 of the Administrative Code. The required trauma training competencies are located at https://jfs.ohio.gov/ocf/Family-First.stm.

(5) Utilizes a trauma-informed treatment model that is approved by ODJFS for the population the facility serves. A trauma-informed treatment model is a program, organization or system that:

(a) Ensures all clinical staff are trained on the trauma model approved by ODJFS. If the program adds that staff other than those with clinical responsibilities are to be trained on the trauma model, the program is to document this through policy and training records;

(b) Realizes the widespread impact of trauma and understands potential paths for recovery;

(c) Recognizes the signs and symptoms of trauma in clients, families, staff and others involved with the system;

(d) Responds by fully integrating information about trauma into policies, procedures and practices;

(e) Seeks to actively resist re-traumatization;

(f) Includes service of clinical needs and that:

(i) Is an approved trauma informed treatment model applicable to the population of youth served, located at https://jfs.ohio.gov/ocf/Family-First.stm, or

(ii) Meets the substance abuse and mental health services administration (SAMHSA) implementation domains and follows the six key principles of the SAMHSA trauma informed approach which are located at https://jfs.ohio.gov/ocf/Family-First.stm; and

(iii) Receives approval by the department or designee.

(6) Has registered or licensed nursing and clinical staff who operate in accordance with the following:

(a) Provide care within the scope of their practice as defined by state law.

(b) Are accessible on-site or face-to-face via interactive videoconferencing based on the youth's clinical and/or medical needs. Interactive videoconferencing may not be appropriate for a youth in crisis at the facility.

(c) Are available twenty-four hours a day and seven days a week.

(7) Cooperates with the qualified individual and the family and permanency team to complete the assessment within thirty days of placement of a child in a QRTP in accordance with rule 5101:2-42-12 of the Administrative Code.

(8) Provides consideration for the youth's safety and developmental needs, the treatment should be family-driven with both the youth and the family included in all aspects of care, if in the best interest of the youth. The key components of family-centered residential treatment are to be documented in the child's record and include the following:

(a) Facilitation of regular contact between the youth and other members of the family including siblings;

(b) Actively involving and supporting families who have a youth placed in the residential facility;

(c) Providing outreach, ongoing support and aftercare for the youth and the family.

(9) Completes discharge planning that is to:

(a) Include planning for all youth discharged from the QRTP.

(b) Begin in partnership with the legal custodian and/or custodial agency no later than the next business day after a youth is admitted to the QRTP.

(c) Be reviewed by the QRTP no less than every thirty days and during every service plan review.

(10) Provides aftercare support for all youth placed more than fourteen days who are exiting the QRTP to family-based settings including:

(a) Reunification with family.

(b) Pre-finalized adoptive family.

(c) Kinship care.

(d) Foster care.

(e) Independent living.

(11) Includes at least a six-month period of family-based aftercare support for all youth after discharge, even if the youth reaches the age of majority. The aftercare support is to:

(a) Be provided within the youth or family's community as appropriate to promote the continuity of care for children.

(b) Be individualized and driven by the youth, the caregivers and the family as appropriate, and include the following:

(i) Monthly contact with the youth and caregivers to promote and maintain engagement, and to regularly evaluate the family's needs. Monthly contact may be in-person, through interactive videoconferencing, or via phone or other electronic means.

(ii) Referring and coordinating engagement with any applicable community providers serving the youth or family. The QRTP will ensure they make themselves available to the community providers for ongoing consultation and document the consultation in writing. Documentation should include all resources and services needed and detail how the resources and services will be provided.

(iii) Written documentation provided to all participants of the discharge plan prior to discharge with information on how to access additional supports from the QRTP and community providers including contact information and steps required to access each provider.

(12) May provide six months of aftercare services as defined in rule 5101:2-1-01 and pursuant to rule 5101:2-47-23.1 of the Administrative Code, if the child was placed by a Title IV-E agency.

(13) Ensures all QRTP requirements able to be recorded in the residential treatment information system (RTIS) are documented within RTIS.

Last updated January 2, 2024 at 9:39 AM

Supplemental Information

Authorized By: 5103.03
Amplifies: 5103.03
Five Year Review Date: 10/1/2025
Prior Effective Dates: 10/1/2020, 10/1/2021
Rule 5101:2-9-43 | Residential infant care center.
 

(A) Residential infant care center (RICC) means a facility that has as its primary purpose the provision of residential services for infants affected by substance use and the preservation of families through infant diversion practices and programs.

(B) A residential infant care center can not be licensed as a children's crisis care center.

(C) An infant, from birth to twelve months old, is eligible to be placed in a residential infant care center if one of the following applies:

(1) The infant was born substance exposed and affected requires additional care.

(2) The infant's parent or caretaker requires additional education and support services regarding care for the infant.

(3) A public children services agency (PCSA) or private child placing agency (PCPA) requires additional time to determine placement of the infant.

(D) A RICC may provide residential care for up to ninety consecutive days.

(E) Any of the following with legal custody of the infant may place an infant in a RICC:

(1) A parent, guardian, or legal custodian.

(2) A public children services agency.

(3) A private child placing agency.

(F) Pediatric medical service means medical service required to be provided by, or with oversight from, a licensed medical professional, including prescribing medication, administering rectal or intravenous medication, and outpatient laboratory service, and providing for sick visits, onsite well child exams, and children assisted by medical technology.

(G) A RICC, if using medication to treat infants will need a terminal distributor of dangerous drugs license issued by the state board of pharmacy under section 4729.54 of the Revised Code.

(H) A RICC is to comply with all requirements in accordance with Chapter 5101:2-9 of the Administrative Code. Exceptions to the requirements are listed in appendix A to this rule.

(I) The RICC is to develop a plan of safe care for an infant born substance exposed and affected including the following:

(1) Assist with the health and substance use disorder treatment needs of the infant and the parent or caregiver.

(2) Develop and implement a program monitoring, supporting, and connecting the family or caregiver.

(J) The RICC is to develop and implement a program for parents and caregivers of the infant, either individually or in a group setting, to address:

(1) Teaching parenting skills.

(2) Bonding with the infant.

(3) Caring for the infant's special needs.

(K) A RICC is to ensure the following:

(1) Child-care staff, volunteers and interns (in positions responsible for the daily direct care or supervision of children) to be at least eighteen years old and have a high school diploma or certificate of high school equivalence.

(2) Volunteers and interns who are under twenty-one years of age are to be supervised.

(3) A RICC may include volunteers or interns in child-to-staff ratios only during an emergency which includes an extremely ill staff member.

(L) A criminal records check is to be requested for volunteers and interns in accordance with section 2151.86 of the Revised Code.

(M) A RICC is to employ registered nurses, patient care assistants, or licensed professional nurses to meet the required child-staff ratio.

(N) A RICC is to have the center peer supporter, family advocate, licensed social worker (LSW), licensed independent social worker (LISW), licensed professional counselor (LPC), or licensed professional clinical counselor (LPCC) to do the following:

(1) Provide wraparound services to the infant's family or caregiver.

(2) Coordinate with the transferring hospital, PCSA or PCPA.

(3) Refer parent or caregiver to appropriate community agencies and services for support and aftercare.

(4) Follow-up with the parent or caregiver after the infant's discharge.

(O) The RICC is to encourage employee-supervised dyad care and permit one of the infant's parents or caregivers to room-in with the infant for bonding and education.

(P) The RICC is to provide the following for dyad care and rooming-in stay.

(1) A single bed and all necessary bedding (sheets, pillow and blankets).

(2) All meals and snacks during rooming-in.

(3) A minimum of one private shower and toilet for the use of any parents or caregivers who are rooming-in.

(4) All rules and policies are to be provided to the parent or caregiver and notification of restriction or cancellation if rules are not followed.

(Q) The RICC is to provide one bathing room for every six infants that includes a minimum of one hip level bathtub with hot and cold water, one changing station and a door with a full-length glass window for safety and observation.

(R) The child-staff ratio is at least one awake child-care staff on duty at all times for every five infants.

(S) Use cribs and other infant sleep products that meet the United States consumer product safety commission's safety standards for safe sleep.

(T) Follow the department of health's safe sleep education program recommendations established under section 3701.66 of the Revised Code.

View Appendix

Last updated January 3, 2023 at 8:57 AM

Supplemental Information

Authorized By: 5103.13, 5103.6018
Amplifies: 5103.03, 5103.13, 5103.60, 5103.602, 5103.603, 5103.608, 5103.609, 5103.6010, 5103.6011, 5102.6012, 5103.6017
Five Year Review Date: 1/1/2028
Rule 5101:2-9-44 | Family preservation center.
 

(A) A family preservation center (FPC) certificate is obtained by a facility actively being licensed first as either a children's crisis care facility, or a residential infant care center, and by meeting the qualifications outlined in this rule.

(B) A FPC is to obtain and maintain accreditation under one of the following:

(1) The commission on accreditation of rehabilitaiton facilities.

(2) The joint commisson on accreditation of healthcare organizations.

(3) The council on accreditation for children and family services.

(C) The FPC is to obtain and maintain certification by the Ohio department of mental health and addiction services.

(D) A FPC is to provide family preservation programs informed by evidence-based or promising practices, including all of the following;

(1) Family case management.

(2) Service referral and linkage.

(3) Parent education.

(4) Trauma screening and healing-centered interventions.

Last updated January 3, 2023 at 8:57 AM

Supplemental Information

Authorized By: 5103.13, 5103.617
Amplifies: 5103.03, 5103.13, 5103.61, 5106.611, 5103.612, 5103.614, 5103.615
Five Year Review Date: 1/1/2028
Rule 5101:2-9-45 | Scholars residential center.
 

(A) A scholars residential center (SRC) is a center that meets all of the following:

(1) The center is a certified affiliate in good standing of a national organization with a mission to help underserved children in middle school and high school in a comprehensive manner that:

(a) Is academically focused and service-oriented and in a family-like setting.

(b) Is voluntary and uses a competitive selection process.

(2) Is private and not-for-profit.

(3) Does not receive Title IV-E funding or any associated Title IV funds related to child welfare.

(4) Only accepts direct placement of children placed by their parents or legal guardians.

(B) A private non-custodial agency (PNA) operating as a scholars residential center (SRC) is to comply with all applicable rules of Chapters 5101:2-5 and 5101:2-9 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 or 5101:2-9 of the Administrative Code, the provisions of this rule will take precedence.

(C) A scholars residential center is exempt from the following:

(1) Any policy or component of policy that is not specific or relevant to the SRC.

(2) Discharge summaries.

(3) Case plans or service plans.

(4) Recreation and leisure activity requirements, provided that the center has a recreation area available and permits children to swim and has a person present, who has completed life-saving or water safety training.

(5) Visiting and communications policies, provided that the center ensures the children have contact with their family.

(6) Treatment focused requirements established for residential agencies.

(D) A SRC is permitted to request agency waivers.

(E) The SRC training requirements for staff include:

(1) Orientation training, with a minimum of twenty hours of orientation within the first thirty days of hire before staff are able to be alone with the children, as described within rule 5101:2-9-03 of the Administrative Code.

(2) Current American red cross, American heart association, or equivalent first aid and cardiopulmonary resuscitation certification as described within rule 5101:2-9-03 of the Administrative Code.

(3) One hour of annual trauma training.

(F) A center will provide notification and documentation of critical incidents to the child's parent(s) or legal custodian(s).

Last updated January 2, 2024 at 9:39 AM

Supplemental Information

Authorized By: 5103.03, 5103.021
Amplifies: 5103.03, 5103.021
Five Year Review Date: 1/1/2029