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

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.


Effective: 2/1/2020
Five Year Review (FYR) Dates: 6/13/2019 and 02/01/2025
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/1966, 10/01/1986, 01/01/1991, 09/18/1996, 09/01/2002, 01/01/2008, 12/01/2010, 07/01/2014