Chapter 5139-35 Community Residential Centers

5139-35-01 Definitions.

(A) "Admissions officer" means for purposes of this chapter, the admissions officer is that person responsible for carrying out the admissions process.

(B) "Admissions process" means the point of entry into a program, during admission processing, the child receives an orientation to the goals of the program and program rules and regulations. Assignment to living quarters and to appropriate staff members is also completed at this time.

(C) "Annual average daily population" means the number arrived at by adding up the official resident count taken at an appointed time each day consistently for a full fiscal year and dividing that figure by the total number of days in the year.

(D) "Approval" means written authorization to operate a residential center from the department under state law and is issued by the department when a facility meets applicable standards.

(E) "Chemical agent" means an active substance, such as tear gas, used to deter activities that might cause personal injury or property damage.

(F) "Child care staff member" means for the purpose of staff/child ratio, one whose duty is primarily the supervision of child or the immediate supervisor of child supervision staff. This would not include teachers, cooks, tradesmen, etc., whose child supervision duties are incidental to their primary responsibility.

(G) "Code of ethics" means a set of rules describing acceptable standards of conduct for all employees.

(H) "Community residential center" means a facility, referred to hereafter as CRC, in which children, including the children of any staff residing at the facility, are given care and supervision twenty-four hours a day.

(I) "Community resources" means those social and welfare agencies, service clubs, citizen interest groups and citizen volunteers who have the potential to assist children. These various resources, which may be public or private, national or local, have the potential for held ranging from material and financial assistance, to guidance, counseling, and supportive services.

(J) "Compliance" means compliance with this chapter shall be determined as follows:

(1) Twelve months following the effective date of this chapter, and at all times thereafter, one hundred percent compliance with all standards labeled as "mandatory."

(2) Twelve months following the effective date of this chapter through twenty-four months after the effective date of this chapter, sixty per cent of standards labeled as "recommended" must be complied with.

(3) Twenty-four months and one day through thirty-six months following the effective date of this chapter, seventy per cent of standards labeled as "recommended" must be complied with.

(4) Thirty-six months and one day through forty-eight months after the effective date of this chapter, eighty per cent of standards labeled as "recommended" must be complied with.

(5) Forty-eight months and one day and thereafter, ninety per cent of those standards labeled as "recommended" must be complied with.

(K) "Conflict of interest" means any employee action that adversely affects the interest of the agency. Outside concerns may bring undue pressure upon the employee in his/her effort to make decisions concerning official duties.

(L) "Contraband" means any item possessed by children or found within the facility that is illegal by law or that is expressly prohibited by those legally charged with the responsibility for administration and operation of the facility or program.

(M) "Contractual arrangement" means an agreement between parties to provide services to children for remuneration.

(N) "Corporal punishment" means any act of inflicting punishment directly on the body, causing pain or injury.

(O) "Department" the Ohio department of youth services.

(P) "Director" means the director of the Ohio department of youth services.

(Q) "Dormitory" means any room sleeping more than five children.

(R) "Emergency" any significant disruption of normal facility or agency procedure, policy, or activity caused by riot, escape, fire, natural disaster,

(S) "Emergency care" means care an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call. Emergency care shall be provided to the child population by the medical director, physician, other staff, local ambulance services and/or outside hospital emergency rooms. This care shall be expedited by following specific written procedures for medical emergencies described in Chapter 5139-14 of the Administrative Code.

(T) "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area, whether or not enclosing a building or a set of buildings, which is used for the lawful custody and treatment of children.

(U) "Facility administrator" means any official, regardless of local title (e.g., director, administrator, superintendent), who has the responsibility for day-to-day management of the facility.

(V) "First aid" means care for a condition that requires immediate assistance from a person trained in first aid and care and the use of the facility's first-aid kits.

(W) "Grievance" means a circumstance or action considered to be unjust and grounds for complaint.

(X) "Health care" means the sum of all action taken, preventive and therapeutic, to provide for the physical and mental well being of the population of a facility. Health care includes medical and dental services, and environmental conditions.

(Y) "Health care personnel" means individuals whose primary duties are to provide health services to residents in keeping with their respective levels of health care training or experience. (See qualified health personnel.)

(Z) "Health trained personnel (medically trained personnel) means child care and administrative personnel who are trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.

(AA) "Hearing" means a proceeding to determine a course of action, such as the placement of a child, or to determine guilt or innocence in a disciplinary matter. Argument, witnesses, or evidence are heard by a judicial officer or administrative body in making the determination.

(BB) "Isolation" means the physical placement of a youth in a room where his or her ability to egress is blocked.

(CC) "Least restrictive physical restraint" means the least amount of direct physical contact required on the part of a staff member to prevent a child from harming him/herself or others, or for the protection of property.

(DD) "Life safety code" means a manual published and updated by the national fire protection association specifying minimum standards for fire safety. Two chapters are devoted to corrections facilities.

(EE) "Living unit" means an area of a detention center which is comprised of the room(s) in which residents sleep, a day room and sanitation facilities. The day room and the sanitation facilities may be adjacent to the sleeping area.

(FF) "Medical screening" means a system of structured observation/initial health assessment to identify newly arrived children who pose a health or safety threat to themselves or others.

(GG) "New plant" means a facility which has been constructed, as contrasted to renovated, remodeled or added to.

(HH) "Orientation" means the process, or the period of time, in which a new employee is acquainted with all aspects of the detention center.

(II) "Parent governmental agency (parent agency)" means the administrative department or division to whom the agency seeking funding or approval reports; it is the policy setting body.

(JJ) "Physical force" means any violence, compulsion or constraint physically exerted upon or against a person's body by any means, including the use of firearms, chemical agents, clubs, or direct bodily contact.

(KK) "Placing agency" means the agency which refers the child for out of-home placement.

(LL) "Policy" means a course or line of action adopted and pursued by an agency that guides and determines present and future decisions and actions. Policies indicate the general course or direction of an organization within which the activities of the personnel and units must operate. They are statements of guiding principle that should be followed in directing activities toward the attainment of objectives. Their attainment may lead to compliance with standards as well as compliance with the overall goals of the agency/system.

(MM) "Procedure" means the detailed and sequential actions that must be executed to ensure that a policy is fully implemented. It is the method of performing an operation, or a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy.

(NN) "Program" means the plan or system through which a correctional agency works to meet its goals.

(OO) "Provisional approval" means the written authorization for residential center to operate under state law which may be issued by the department when a residential facility is temporarily unable to comply with one or more standards but is in the process of coming into full compliance.

(PP) "Qualified health care personnel" means physicians, dentists and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered or certified as appropriate to their qualification or registration.

(QQ) "Rated capacity" means the number of residents which a facility was originally designed to house, or currently has the capacity to house as a result of later, planned modifications, exclusive or extraordinary arrangements to accommodate overcrowded conditions.

(RR) "Records means information concerning the individual's personal, delinquent or criminal and medical history, behavior, and activities while in custody, including but not limited to: commitment papers, court orders, detainers, personal property receipts, visitors' lists, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, and miscellaneous correspondence.

(SS) "Referral" means the process by which a child is introduced to an agency or service where the assistance needed can be obtained.

(TT) "Renovation" means a significant structural or design change in the physical plant of a facility.

(UU) "Residents" means all children who reside in a facility.

(VV) "Responsible health care authority" means the individual or medical resource such as a hospital or clinic to whom has been delegated the responsibility for the facility's health care services, including arrangements for all levels of health care and the ensuring of quality and accessibility of all health services provided to children.

(WW) "Restraining device" means any mechanical object designed to physically control or incapacitate a person. These include wrist manacles, ankle manacles, straight jackets, let irons, restraining straps and other such devices.

(XX) "Restraint" means the extraordinary restriction of a child's freedom or freedom of movement.

(YY) "Safety equipment" means firefighting equipment, i.e., chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, first-aid kits, stretchers, and emergency alarms.

(ZZ) "Search" means an examination falling into one of the following three categories;

(1) "Frisk search" means a search of a resident's clothes, head cavities, and a through pat down.

(2) "Strip search" means a visual search of a resident's naked body and a search of the resident's clothing while they are not being worn.

(3) "Cavity search" means a probe of a resident's lower body cavity(ies) to be conducted by trained medical personnel only.

(AAA) "Security perimeter" means a secure boundary which encloses the entire portion of the facility in which residents are confined. Passage through this boundary must be strictly controlled.

(BBB) "Secure institution" means any facility or portion of that facility that is designed and operated to ensure that all entrances and exits are under the exclusive control of the facility' staff, thereby not allowing a child to leave the facility unsupervised or without permission.

(CCC) "Security devices" means locks, gates, doors, bars, fences, screens, ceiling, floors, walls and barriers used to confine and control detained persons. Also included are electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies, and other equipment used to maintain facility security.

(DDD) "Serious incident" means a situation in which injury serious enough to warrant professional medical attention occurs involving a resident, employee, or visitor on the grounds of the institution. Also, a situation containing an imminent threat to the security of the institution and/or to the safety of residents, employees, or visitors on the grounds of the institution.

R.C. 119.032 review dates: 11/14/2013 and 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 2/3/2004, 1/30/2009

5139-35-02 Approval process.

(A) Application

(1) Any CRC which is designed to accommodate not more than one hundred fifty children at any one time, and which believes that it meets the requirements of Chapter 5139-35 of the Administrative Code, may apply for approval from the department.

(2) A new applicant may apply on forms provided by the department at any time. However, a period of sixty days may be required to process the application.

(3) Renewal applicants should submit, on an annual basis, a formal application on forms provided by the department, sixty days prior to the expiration of their current approval.

(B) Procedure for approval

(1) As part of the application process, staff of the department will make an on-site visit to the facility and review supporting materials to determine the agency's compliance with the standards as set forth in Chapter 5139-35 of the Administrative Code.

(2) The department shall make a decision on the application and send one of the following to the applicant:

(a) A notice of approval if the applicant meets standards set forth in Chapter 5139-35 of the Administrative Code. The approval is effective on the date of the signature of the director.

(b) A provisional approval if the applicant is temporarily unable to comply with one or more standards. The provisional approval will have a plan approved by the department to correct the areas of noncompliance in a stated time period. The provisional approval shall be issued for no more than six months and is not renewable.

(c) A notice of nonapproval if the applicant has not demonstrated its compliance with the standards set forth in Chapter 5139-35 of the Administrative Code. The notice of nonapproval shall cite the standard(s) which has/have not been met and shall be sent by certified mail.

(3) A notice of nonapproval is effective in thirty days unless appealed to the director of the department. Such appeal shall include the right to have a peer review under the provisions of paragraph (D)(1) of this rule.

(4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the CRC or order that a hearing be conducted to consider legal or factual issues of the appeal.

(5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the CRC within thirty days of the hearing. The decision of the director shall be final.

(C) Duration of approval

(1) All approvals will automatically expire one year from the date of issuance, unless revoked sooner or unless an application for reapproval has been timely received and has not been finally acted upon.

(2) The department shall be advised, in writing, of any proposed operational change of the CRC so that the department can determine whether the change is in conformance with Chapter 5139-35 of the Administrative Code.

(D) Revocation of approval

(1) If the department believes that a CRC is in violation of provisions of Chapter 5139-35 of the Administration Code, it will inform the CRC of its intention to issue a letter of revocation under provisions of paragraph (D)(2) of this rule.

(2) The failure of a CRC to maintain compliance with the provisions of Chapter 5139-35 of the Administrative Code may result in the revocation of approval of the CRC, such revocation shall be in writing, specifying the provision(s) of Chapter 5139-35 of the Administrative Code which has/have been violated.

(3) A revocation is effective in thirty days unless appealed to the director of the department.

(4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the CRC or order that a hearing be conducted to consider issues of the appeal.

(5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the CRC within thirty days of the hearing. The decision of the director shall be final.

Effective: 01/30/2009
R.C. 119.032 review dates: 08/14/2009 and 08/14/2014
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/88

5139-35-03 Administration, organization and management.

(A) The following standard is mandatory: The community residential center ("CRC") has a policy manual that is made available to staff.

(B) The following standards are recommended:

(1) There exists a written statement that describes the philosophy, goals or purposes of the CRC, which is reviewed at least annually and updated, if necessary. The CRC administrator participates in the formulation of specific CRC goals and objectives.

(2) Written policy and procedure provide for a communication system within the CRC that requires, at a minimum, that the CRC administrator meet at least quarterly with the supervisory staff, and all department heads meet monthly with their key staff members.

(3) There is an operations manual that delineates written policy and procedures for operating and maintaining the CRC. The manual is explained and made available to all employees at the time of their employment. There is an organizational chart for the CRC staff that accurately reflects the structure of authority, responsibility and accountability within the CRC.

(4) The CRC and its programs are managed by a single administrative officer to whom all employees or units of management are responsible.

(5) The CRC meets all applicable licensing requirements of the jurisdiction in which it is located.

(6) The agency documents its efforts to conduct a continuing planned program of public information and education.

(7) The CRC shall not admit any child/youth who is a resident of another state or country unless the CRC documents in the child's case record that the party making the placement has the legal authority to make the placement. All such placements shall be made in conformity with the terms of section 2151.56 of the Revised Code or section 5103.20 to 5103.28 of the Revised Code.

(8) The CRC shall allow authorized staff of the department to inspect all aspects of the CRC. Such inspections may include, but not be limited to, evaluation of the physical condition of the CRC, observation and evaluation of the care and services provided to residents by interviewing staff and residents of the rehabilitation center, reviewing case records, and by other appropriate means.

(9) A CRC shall have written policies and procedures regarding the photographing and audio or audio-visual recordings of children in care which require that:

(a) The written consent of a child and the child's parent(s) or guardian be obtained before the child is photographed for fund raising or program publicity purposes.

(b) All photographs and recordings be used in a manner which respects the dignity and confidentiality of the child.

(10) A CRC shall have written policies regarding the participation of children in research projects. These policies shall conform to the 45 C.F.R. 46.101 to .119.

(C) The following standard is recommended for public agencies: A publicly operated CRC shall have an advisory board of at least five persons representing the juvenile justice system, educational and other youth services agencies of the community. The board shall meet at least annually.

(D) The following standards are recommended for private agencies:

(1) The governing body of the agency shall be responsible for the operation of the CRC. This body shall consist of at least five members representing the juvenile justice system, educational and other youth service agencies of the community.

(2) The agency shall be incorporated in compliance with section 5103.04 and Chapter 1701. or 1702. of the Revised Code.

Eff 12-11-88; 11-3-04
Rule promulgated under: RC 111.15
Rule authorized by: 5139.04
Rule amplifies: RC 5139.04
R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

5139-35-04 Fiscal management.

The following standards are recommended:

(A) There exists an adequate system of budgeting and accounting which controls the fiscal operation of the CRC and the personal funds of residents.

(B) A CRC shall not permit public funds to be paid or committed to be paid to any corporation, firm, association or business in which any of the members of the governing body of the CRC, the executive personnel of the CRC, or the members of the immediate family of members of the governing body or executive personnel have any direct or indirect financial interest, or in which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the CRC. The CRC shall make a written disclosure of any financial transaction with the CRC in which a member of the board or his/her immediate family is involved.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-05 Personnel.

(A) The following standards are mandatory:

(1) When children are present during the waking hours, there shall be at least one child-care staff member for each twelve children at the CRC and a female child care worker shall be on duty at all times when female residents are present. A ratio of twenty-five children to one child-care staff member shall be required for sleeping hours.

(2) An agency shall request the bureau of criminal identification and investigation (BCII) to conduct a criminal records check with respect to any prospective employee who has applied to the agency for appointment or employment.

(3) The agency shall inform each prospective employee at the time of initial application, that as a precondition to being approved for that position:

(a) The person is required to complete the BCII prescribed criminal records check form and provide a set of fingerprint impressions; and

(b) A criminal records check is required to be conducted by BCII and, except as provided in paragraph (A)(19) of this rule, satisfactorily completed if the prospective employee comes under final consideration for appointment or employment.

(4) The agency shall provide each person listed in paragraph (A)(2) of this rule with a copy of the BCII prescribed criminal records check form and a BCII standard impression sheet to obtain fingerprint impressions.

(5) Any person listed in paragraph (A)(2) of this rule who receives a copy of the BCII prescribed criminal records check form and a BCII standard impression sheet and who is requested by the agency to complete the form and provide a set of fingerprints impressions shall:

(a) Complete the form or provide all the information necessary to complete the form;

(b) Provide the impression sheet with the impressions of the person's fingerprints; and

(c) Submit the completed form and the impression sheet to the agency.

(6) If a prospective employee seeking appointment or employment by an agency fails to provide the information necessary to complete the form or fails to provide fingerprint impressions, the prospective employee shall not be employed by the agency.

(7) The agency shall obtain the completed form and fingerprint impression sheet from each person listed in paragraph (A)(2) of this rule and forward the form and fingerprint impression sheet to BCII at the time the agency requests a criminal records check.

(8) The agency shall request that BCII obtain information from the federal bureau of investigation (FBI) as a part of the criminal records check for the person if:

(a) The person does not present proof of residency in Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested; or

(b) The person does not provide evidence that within that five-year period, BCII has requested information about the person from the FBI in a criminal records check.

(9) The agency may request that BCII include information from the FBI in the criminal records check if the person presents proof of residency in Ohio for that five-year period.

(10) The agency shall pay to BCII the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted.

(11) The agency may charge a prospective employee a fee for the costs incurred in obtaining a criminal records check. A fee charged by the agency shall not exceed the fee paid by the agency to BCII. If a fee is charged, the agency shall notify the person at the time of initial application of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment.

(12) The report of any criminal records check conducted by BCII in accordance with section 109.572 of the Revised Code and pursuant to a request made by the agency is not a public record. The report shall be made available only to the following persons:

(a) The person who is the subject of the criminal records check or the person's representative.

(b) The agency requesting the criminal records check or its representative.

(c) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment, approval or certification to the person.

(d) ODYS employees as required for approval, inspection or monitoring purposes.

(13) Reports from BCII or any other local, state, or federal agency regarding a person's criminal record are valid for a period of one year from the date of the report.

(14) An agency shall document that any person hired after October 29, 1993 as administrator, child care staff, caseworker, or in any other position responsible for a child's care in out-of-home care shall not have been convicted of or pleaded guilty to any of the offenses listed in paragraph (A)(15)(a) of this rule except as provided in paragraph (A)(16) of this rule.

(15) Except as provided in paragraph (A)(16) of this rule, an agency shall not, as of October 29, 1993, hire a prospective employee as administrator, child care staff, caseworker, or in any other position responsible for a child's care in out-of-home-care if the person has been convicted of or pleaded guilty to any of the following offenses:

(a) A violation of section 2903.01 , 2903.02 , 2903.03 , 2903.04 , 2903.11 , 2903.12 , 2903.13 , 2903.16 , 2903.21 , 2903.34 , 2905.01 , 2905.02 , 2905.05 , 2907.02 , 2907.03 , 2907.04 , 2907.05 , 2907.06 , 2907.07 , 2907.08 , 2907.09 , 2907.21 , 2907.22 , 2907.23 , 2907.25 , 2907.31 , 2907.32 , 2907.321 , 2907.322 , 2907.323 , 2911.01 , 2911.02 , 2911.11 , 2911.12 , 2919.12 , 2919.22 , 2919.24 , 2919.25 , 2923.12 , 2923.13 , 2923.161 , 2925.02 , 2925.03 , 2925.04 , 2925.05 , 2925.06 , or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;

(b) A violation of an existing or former law of this state that is substantially equivalent to any of the offenses listed in paragraph (A)(15)(a) of this rule.

(16) A prospective employee convicted of or who has pleaded guilty to an offense listed in paragraph (A)(15)(a) of this rule may be hired by an agency as an administrator, child care staff or caseworker, or in any other position responsible for a child's care in out-of-home care only if the following conditions have been met:

(a) Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least three years have elapsed from the date the prospective employee was fully discharged from any imprisonment or probation arising from the conviction. A prospective employee who has had a misdemeanor record of conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.

(b) Where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation.

(c) The victim of the offense was not one of the following:

(1) A person under the age of eighteen.

(2) A functionally impaired person as defined in division (A) of section 2901.10 of the Revised Code.

(3) A mentally retarded person as defined in division (K) of section 5123.01 of the Revised Code.

(4) A developmentally disabled person as defined in division (Q) of section 5123.01 of the Revised Code.

(5) A person with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.

(6) A person sixty years of age or older.

(d) Hiring the prospective employee will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining whether to hire the prospective employee:

(1) The person's age at the time of the offense.

(2) The nature and seriousness of the offense.

(3) The circumstances under which the offense was committed.

(4) The degree to which the person participated in the offense.

(5) The time elapsed since the person was fully discharged from imprisonment or probation.

(6) The likelihood that the circumstances leading to the offense will recur.

(7) Whether the person is a repeat offender.

(8) The person's employment record.

(9) The person's efforts at rehabilitation and the results of those efforts.

(10) Whether any criminal proceedings are pending against the person.

(11) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (A)(15)(a) of this rule, if the felony bears a direct and substantial relationship to the duties and responsibilities of the position being filled.

(12) Any others factors the PCSA, PCPA, PNA considers relevant.

(17) It is the prospective employee's duty to provide written verification that the conditions specified in paragraph (A)(16) of this rule are met. If the prospective employee fails to provide such proof or if the agency determines that the proof offered by the prospective employee is inconclusive or insufficient, the person shall not be hired. Any doubt shall be resolved in favor of protecting the children the agency serves.

(18) To determine whether a prospective employee is qualified to be hired pursuant to paragraph (A)(15)(a) of this rule, a criminal records check shall be conducted pursuant to this rule.

(19) An agency may conditionally hire a prospective employee until the criminal records check required by this rule is completed and the agency receives the results of the criminal record check, if the prospective employee submits to the agency a signed statement attesting that the prospective employee has not been convicted of or pleaded guilty to any offense listed in paragraph (A)(15)(a) of this rule. If the results of the criminal record check indicate that the person does not qualify for employment, the agency shall release the person from employment.

(20) The provisions of paragraph (A)(16) of this rule must be considered for any prospective employee who has been convicted of, or pleaded guilty to, one or more of the offenses listed in paragraph (A)(15)(a) of this rule even if the person's record has been sealed by a court pursuant to section 2953.32 of the Revised Code because the information contained in the sealed record bears a direct and substantial relationship to the care of children who may be entrusted to the person's care.

(21) A conviction of, or plea of guilty to, an offense listed in paragraph (A)(15)(a) of this rule shall not prevent a prospective employee's hire if the person has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. "Unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.

(22) Current employees suspected of involvement in any of the offenses listed in paragraph

(A)

(15)

(a) of this rule shall be terminated, suspended or removed from contact with residents until the public children services agency or law enforcement agency has completed its investigation and has made applicable recommendations.

(23) An agency shall assure that all staff hired or who are under any personal service contract who are required by law to possess any professional licensure or certification are so licensed or certified.

(B) The following standards are recommended:

(1) Each CRC shall have written policies and procedures concerning personnel matters including, but not limited to, job descriptions and job qualifications. The policies and procedures shall be approved by the parent agency and be available to all employees.

(2) Written policy and procedure provide for provisional appointment to ensure the availability of personnel for short-term, full-time or part-time work in an emergency situation.

(3) Written policy and procedure provide for a written annual performance evaluation of all employees, which is based on defined criteria and is reviewed and discussed with the employee.

(4) Written policy and procedure provide for a current, accurate, and confidential personnel record for each employee; confidentiality is ensured by restricting its availability to only the employee who is the subject of the record and to other agency employees who have a need for the record in the performance of their duties. A written procedure exists whereby the employee can challenge information in his or her personnel file and have it corrected or removed if it proves to be inaccurate.

(5) There is a written employee grievance procedure which is available to all employees.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04 , 2151.86

Prior Effective Dates: 12/11/88, 8/16/99

5139-35-06 Training and staff development.

(A) The following standards are mandatory:

(1) Written policy and procedure provide that all new full-time child-care staff receive twenty-four hours of orientation training before assuming independent responsibility for a particular job. This orientation training is to include at a minimum orientation to the purpose, goal, policies and procedures of the institution and parent agencies, working conditions and regulations, responsibilities and rights of employees, an overview of the juvenile justice and correctional fields and some preparatory instruction related to the particular job.

(2) Written policy and procedure provide that all child-care staff receive an additional thirty-two hours of training annually. This training covers the following and other related subjects: security procedures, supervision of children, use of force regulations, report writing, juvenile rules and regulations, rights and responsibilities of children, fire and emergency procedures, inter-personal relations, social/cultural life style of the child population, child growth and development, communication skills, first aid, suicide prevention and assessment. Formal first-aid training shall be required and shall be included in the thirty-two-hour requirement.

(B) The following standards are recommended:

(1) Written policy and procedure provide that all managerial staff receive forty hours of training during their first year of employment and twenty hours of training each subsequent year of employment. This training covers the following areas and other related subjects: general management and related subjects; labor laws; employee-management relations; the interactions of elements of the criminal justice systems; and relationships with other agencies.

(2) Written policy and procedure provide that employees other than child-care staff receive at least sixteen hours of orientation training and, minimally, an additional sixteen hours annually, appropriate to their work assignment.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-07 Juvenile records.

The following standards are recommended:

(A) An admittance record is completed for every child admitted to the CRC and contains at least the following information:

Date and time of admission;

Name and "also known as (AKA)";

Last known address;

Legal custody status;

Offenses;

Sex;

Date of birth;

Place of birth;

Race or nationality;

Education and school attended;

Employment, if any;

Religion;

Health status;

Name, relationship, address and telephone of parent(s)/person(s) the child resided with prior to the time of admission;

Driver's license number, social security and medicaid number, if applicable;

A physical description;

A recent photograph;

Emergency contact;

Placing agency and contact.

(B) The record maintained on each child is kept in a secure place within the CRC and includes, at a minimum, the following information:

Initial intake information form;

Documented legal authority to accept

Juveniles;

Visitors' names and dates of visits, if any;

Disciplinary record, if any;

Final discharge report;

Incident reports;

Medical information;

Name of child's attorney, if any;

Individual service plan;

Progress reports.

(C) There is a single master file identifying all children in the CRC.

(D) Policy and procedure require records be safeguarded from inappropriate disclosure.

R.C. 119.032 review dates: 08/14/2014 and 08/14/2019
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/1988

5139-35-08 Physical plant.

(A) The following standards are mandatory:

(1) The CRC shall have exits that are properly positioned, clear, and distinctly and permanently marked in order to ensure the timely evacuation of children and staff in the event of fire or other emergency.

(2) All sleeping rooms in the CRC shall have, at a minimum, access to, but not necessarily within the sleeping room, and the following sanitation facilities: toilet above floor level, available for use twenty-four hours a day; wash basin and drinking water; hot and cold running water. A bed above floor level and storage space shall be provided.

(3) The CRC conforms to all applicable zoning ordinances.

(4) Each child is provided a bed, a mattress and a supply of linen.

(5) The CRC conforms to all applicable state and local building fire codes.

(6) If the CRC is on the grounds of any type of adult correctional facility, it is a separate self-contained unit.

(7) Written policy and procedure provide that male and female children do not occupy the same sleeping rooms.

(8) Written policy and procedure provide that children and adults do not share sleeping rooms.

(9) The CRC has, at a minimum, one operable wash basin with hot and cold running water for every six children.

(10) The CRC has, at a minimum, one operable shower or bathing facility with hot and cold running water for every six children.

(11) The CRC has one operable washer and one operable dryer for every sixteen children, or equivalent laundry capacity is available within one mile of the CRC.

(12) Within reasonable limits, the agency permits children to decorate their living and sleeping quarters with personal possessions, pictures and posters.

(13) There is counseling or interview space available in or near the living unit.

(14) Space to accommodate group meetings of the children is provided in the CRC.

(15) A visiting area is provided in the CRC.

(B) The following standards are recommended for existing CRCs and mandatory for new plants and additions to existing CRCs:

(1) For CRCs whose admissions policy allows for seriously ill, mentally disordered, injured or nonambulatory children to be maintained in the CRC, there is at least one single occupancy room for them that provides for staff viewing.

(2) At least thiry-five square feet of floor space per child as determined by the annual average daily population is provided in the recreation areas, and windows at standard viewing height allowing for an external view.

(3) All sleeping rooms in CRCs shall have provisions for natural lighting and provide for seating space.

(4) A minimum of sixty square feet of floor space per child is provided in the sleeping area of the facility of which no more than four square feet is closet or wardrobe space.

(5) The CRC has, at a minimum, one operable toilet for every six children. Toilets shall have seats and shall be enclosed with partitions and doors.

(C) The following standards are recommended:

(1) The average daily population during any given month does not exceed the rated capacity of the CRC.

(2) The sleeping area provides some degree of privacy.

(3) The CRC operates with living units of no more than twenty-five children each, based on the annual average daily population.

(4) The governing authority designates who is permitted to live in the CRC.

R.C. 119.032 review dates: 08/14/2014 and 08/14/2019
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/1988

5139-35-09 New plant.

(A) The following standards are mandatory:

(1) The CRC is constructed to provide for physically handicapped persons.

(2) Each living unit is designed so that individual rooms, day rooms, and program staff offices are in close proximity to children for purposes of communication and interaction.

(3) Living units are designed for single- or double-occupancy sleeping rooms.

(4) With the exception of the auditorium/gymnasium, the CRC shall contain air conditioning and a back-up ventilation system.

(5) The CRC operates with living units of no more than fifteen children each, based on the annual average daily population.

(6) Handicapped children are housed in a manner that provides for their safety and security. Housing units used by them are designed for their use, and provide the maximum possible integration with the general population. Appropriate programs and activities are accessible to handicapped children who reside in the CRC.

(7) The CRC is within one-half mile of public transportation or other means of transportation are available.

(8) The total indoor activity area provides space for at least one hundred square feet per child based on the annual average daily population.

(9) There are at least fifteen square feet of floor space per person for those occupying the dining room or dining area.

(10) When the CRC provides food service, the kitchen is a separate and distinct area with ten square feet per child or two hundred square feet, whichever is less.

(11) There is an outdoor recreation area well-maintained and adequately designed to accommodate regularly scheduled recreation and group athletic activities.

(12) Space is available for religious services.

(13) When medical services are provided in-house, the CRC has a medical room with medical examination facilities available.

(14) Confinement rooms shall be in close proximity to the living unit and shall provide for washing, drinking, toilet and safety needs of the confined children.

(15) There is storage space provided for the storage of children's property and personal belongings.

(16) When there is a medical isolation room separate from the living unit, such room shall be equipped to provide for washing, drinking, toilet use, and safety needs of confined children.

(17) There are adequate areas for clothing, bedding, and CRC supplies.

(18) Closets for storage of cleaning supplies and equipment are located in each principal area and are well ventilated.

(B) The following standards are recommended:

(1) A needs assessment study is prepared in conjunction with appropriate local and state bodies.

(2) The CRC site location is determined with participation from the community in which it is to be located.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-10 Safety and emergency procedures.

(A) The following standards are mandatory:

(1) The CRC complies with the regulations of the state or local fire safety authority, whichever has primary jurisdiction over the agency.

(2) Written policy and procedure specify CRC fire prevention regulations and practices to ensure the safety of staff, clients and visitors. These include, but are not limited to:

Provision for an adequate fire protection service;

A system of fire inspections and testing of equipment at least quarterly;

An annual inspection by local or state fire officials or other qualified person(s);

Availability of fire protection equipment at appropriate locations throughout the CRC.

(3) The CRC has written fire and other emergency plans which are communicated to all employees and children and reviewed and updated, if needed, at least annually.

(4) Written emergency plans are disseminated to appropriate local authorities. Directions to and the location of exits, fire extinguishers, first-aid equipment, and other emergency equipment are posted in the CRC.

(5) All CRC personnel are trained in the implementation of written emergency plans.

(6) The CRC conducts quarterly emergency evacuation drills under varied conditions and during hours when a majority of children are present in the CRC. These are to be documented and retained for at least one year.

(7) The CRC has a fire alarm system and an automatic detection system which is approved by the authority having jurisdiction. All system elements are tested on a quarterly basis; adequacy and operation of the systems are approved by a state fire official or other qualified authority annually.

(8) Exits in the CRC are in compliance with either state or local fire safety authorities, whichever has primary jurisdiction over the CRC. If there is not an applicable state or local fire authority, there is documentation by an independent qualified source that the CRC complies with national fire safety codes.

(B) The following standards are recommended:

(1) The CRC has available to it the services of a qualified fire and safety officer who reviews all policies and procedures related to safety and fire prevention.

(2) The CRC has access to an alternate power source to maintain essential services in an emergency.

(3) There is a written plan which provides for continuous CRC operation in the event of a concerted employee work stoppage or other job action. Copies of this plan are available to all supervisory personnel who are required to familiarize themselves with its contents.

(C) The following standard is recommended for existing CRCs and mandatory for new plants:

Within ninety days after the effective date of this rule, specifications for the selection and approval of newly acquired furnishings for living areas indicate the fire safety performance requirements of the material selected. Such materials are subject to careful fire safety evaluation before purchase or use. Neoprene or cotton mattresses treated with boric acid are recommended. Polyurethane is not to be used in any living area.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-11 Security and control.

(A) The following standards are mandatory:

(1) Written policy and procedure limit the use of physical force to instances of self-protection, protection of the child or others, and the prevention of property damage. In no event is physical force justifiable as punishment. In situations where physical force is used, only the least degree of force necessary to control a situation may be used.

(2) After any incident of physical force, the staff member involved shall, during or immediately after his/her shift, write an incident report to his/her supervisor. The report shall detail the circumstances requiring physical force and the mental and physical condition of the involved child.

(3) The staff member who receives a report concerning an incidence of physical force shall determine the need for medical treatment of the involved child.

(B) The following standards are recommended:

(1) Written policies and procedures require reporting of suspected or alleged child abuse or neglect incidents to the public children services agency or law enforcement agency of appropriate jurisdiction and the court which has placed the child.

(2) When a child has been involved in a situation in which physical restraint or force, by a staff member or child, has been used, a detailed written incident report must be submitted within twenty-four hours to the court which has placed the child. In the event that the child requires medical attention, the court which has placed the child shall be notified immediately.

(3) The CRC administrator or designee reviews all reports of incidences of physical force or physical restraint. The CRC administrator or designee shall take necessary action, including the notification of authorities under the child abuse reporting statute, section 2151.421 of the Revised Code.

(4) The CRC shall cooperate with the public children services agency or law enforcement agency during an investigation of suspected or alleged child abuse or neglect. Cooperation shall include, but not be limited to, permitting access to:

(a) The alleged child victim.

(b) The alleged perpetrator.

(c) Witnesses.

(d) Staff.

(e) Incident reports or logs, medical and dental records, personnel records, training records, procedural records, and other records which relate to the investigation of alleged child abuse or neglect.

(5) There exists written policies and procedures concerning security and control, which are available to all personnel. These policies and procedures are reviewed annually and updated as necessary.

(6) The use of chemical agents and related restraining devices is discouraged. Written policy and procedure govern the availability, control and use of chemical agents and related security devices. Control agents and related security devices are used only in accordance with the written policy and procedure. A written report is prepared following all uses of force incidents and is submitted to the CRC administrator.

(7) Written policy and procedure require that all security perimeter entrances, exterior doors and all doors the CRC administrator determines should be locked are kept locked, except when used for admission or exit of employees, detained children or visitors, and in emergencies.

(8) The CRC shall maintain a system of accounting for the whereabouts of its children at all times.

(9) Written policy and procedure require that staff maintain a daily log that records routine and emergency situations.

(10) The written plan for searches of the CRC and children to control contraband has been reviewed by legal counsel to ascertain the legality of the plan.

(11) The policy regarding searches for the control of contraband is published, made available to staff and children, and reviewed at least annually and updated if necessary.

(12) Written policy and procedure provide for the least-intrusive method of search consistent with the safety and security of the CRC. Frisk searches and/or strip searches are conducted without specific authorization only upon entry to the CRC and at all other times are based upon a reasonable belief that the child is carrying contraband. Manual or instrument inspection of the child's lower body cavity or cavities is conducted only when there is reason to do so and when authorized by the CRC administrator or designee.

(13) All strip searches and body cavity searches will be conducted in privacy. Manual or instrument inspection of lower body cavity or cavities is done only by medical personnel. All strip searches and body cavity searches of female residents may be conducted only by female staff. Such searches of male residents may be conducted only by male staff. However, medical personnel may conduct searches of children of either sex. Strip searches may not be conducted in the presence of the opposite sex, except for reasons of safety and security.

(14) Except in emergency situations, firearms are not permitted in the CRC beyond the security perimeter. Staff are prohibited from bringing in and/or possessing any weapons within the CRC.

(15) Written policy and procedure govern the control and use of keys.

(16) Written policy and procedure govern the control and use of tools, medical and culinary equipment.

(17) There are written procedures for handling escapes, runaways and unauthorized absences. These are reviewed at least annually and updated as necessary.

(18) The use of restraining devices is discouraged. Written policy and procedure provide that instruments of restraint are never applied as punishment and are applied only in accordance with written policy and procedure.

(19) Written policy and procedure govern safety and security precautions pertaining to agency and staff vehicles.

(20) Transportation is available for use in emergencies.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-12 Food service.

(A) The following standards are mandatory:

(1) Written policy, procedure and practice shall provide that an adequate diet including snacks, when provided by the center, incorporating the four basic food groups based on the most recent dietary allowance is provided to all children. Menus are reviewed annually by the responsible health care authority or a licensed dietitian.

(2) Written policy and procedure shall provide that any CRC housing residents in need of medically prescribed therapeutic diets shall have documentary evidence that such diets are provided as ordered by the responsible health care authority. The facility administrator shall certify the administration of the meals as ordered.

(3) Written policy shall prohibit meals and/or snacks being used in any punitive manner as a consequence of behavior.

(4) Written policy and procedure shall specify that food service shall be properly supervised and shall comply with the applicable sanitation and health code as promulgated by federal, state and local authorities.

(5) Written policy and procedure shall specify that children shall be encouraged to eat a variety of food served, but no child shall be subjected to coercion, including forced feeding for refusing to eat, unless for medical or treatment-related reasons.

(B) The following standards are recommended:

(1) Written policy, procedure and practice shall provide that there shall not be more than fourteen hours between meals and at least three meals and a snack shall be made available at regular times during each twenty-four-hour period. At least one of these meals shall be a hot meal.

(2) Written policy, procedure and practice shall designate that each facility shall have a person on staff responsible for the overall preparation and distribution of all meals assuring the utilization of acceptable food handling practices. Menus are reviewed annually by a licensed dietitian or health care authority.

(3) The food service plan shall provide for a single menu for staff and children.

(4) Menus shall be planned at least a week in advance and shall be on a three-week or longer cycle. Records of food purchased and menus shall be retained for one year.

(5) Upon reasonable request, food shall be provided to a child when he/she is admitted to a CRC.

Effective: 10/20/2007
R.C. 119.032 review dates: 08/14/2009 and 08/14/2014
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/88, 11/3/04

5139-35-13 Sanitation and hygiene.

The following standards are recommended:

(A) Written policy, procedure and practice shall require that the CRC administrator, in conjunction with the CRC's governing body, develop and implement a system designed to detect building and equipment deterioration, safety hazards and unsanitary conditions and to provide for the proper reporting of needed corrections or modifications. Such policies and procedures shall include a written plan for a daily inspection of the facility. Such inspection shall be recorded. Maintenance records shall be kept and subject to review by authorized personnel.

(B) Children shall be provided the opportunity for daily showers, and showers after strenuous activities.

(C) Written policy, procedure and practice shall provide for the control of vermin and pests by a licensed professional.

(D) Written policy, procedure and practice shall provide that soap, washcloths, towels, toothbrush, toothpaste, deodorant, shampoo, hair and skin products and personal hygiene supplies be provided to the child by the CRC.

(E) Written policy, procedure and practice shall designate the specific duties that the children must assume in the care and upkeep of their own sleeping and living quarters. Each juvenile shall be provided a bed, mattress, and a supply of sanitized linens. Used bed linens and mattresses shall be sanitized prior to reissue.

(F) Written policy shall require that under no circumstances shall a child confined in a CRC replace a janitor, maintenance, caretaking staff or other staff normally maintained for operations of the facility.

(G) Written policy, procedure and practice provide that programs comply with all applicable governmental regulations and standards. At a minimum, these policies cover the following:

(1) Sanitation inspections

(2) Water supply testing

(3) Waste disposal

(4) Housekeeping

(5) Clothing and building supplies

(6) Bathing and personal hygiene

(7) Hair care services

Eff 12-11-88; 11-3-04
Rule promulgated under: RC 111.15
Rule authorized by: 5139.04
Rule amplifies: RC 5139.04
R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

5139-35-14 Medical and health care services.

(A) The following standards are mandatory:

(1) Written policy and procedure shall require each CRC to have a licensed physicians(s) or medical resources such as a hospital or clinic designated for the medical supervision, care and treatment of residents. The CRC shall ensure twenty-four-hour availability of consultation, advice and emergency services response. Such resources shall be located in the same or nearby community.

(2) Written policy and procedure shall require that a medical examination be conducted within fourteen days before or after admission, and updated annually.

(3) Written policy and procedure shall provide for the prompt notification of children's parents/guardians and the responsible agency in case of serious illness, serious surgery, serious injury or death.

(4) Written policy and procedure shall require the security of all drugs and medical records and supplies to be maintained at all times.

(5) Written policy shall prohibit the administration of stimulants, tranquilizers, or psychotropic drugs, solely for behavior management, unless it is a part of an on-going therapeutic medical treatment procedure prescribed by the responsible health care authority.

(6) Written policy and procedure require that, following the admission of a child, the CRC shall attempt to verify prescribed medications and the proper dosages of these medications are administered at the time interval prescribed by the appropriate medical authority.

(7) Written policy and procedure shall require that each staff person who is responsible, in whole or in part, for administering medication to a child be provided with a written schedule of the child's medication. In addition, a copy of this schedule shall be maintained in each child's record and shall, at a minimum, include the following instructions and information:

(a) The name of the child.

(b) The name of each medication to be administered.

(c) The proper dosage of each medication to be administered.

(d) The timetable for administration.

(e) All unique instructions regarding administration.

(f) Information provided by qualified health care personnel concerning possible side effects of each medication.

(8) Written policy and procedure shall require that a medical record be maintained on each child which shall include pertinent information concerning illnesses, communicable diseases, physical abnormalities, allergies and the administration of treatment.

(9) Written policy and procedure shall require a written plan for the staff's response to children who are identified as potentially suicidal.

(10) Written policy and procedure shall require that first-aid kits are available and have been approved by the "American Red Cross" or other qualified health care personnel.

(11) Written policy and procedure shall require that all administrative personnel and child-care staff be certified and maintain certification in first aid and CPR.

(12) The CRC shall have written policy and procedure governing the development, and subsequent updating, of a facility formulary or drug list for pharmaceuticals stocked by the facility.

(13) Written policy and procedure shall require that children be informed of the procedures for gaining access to medical services.

(14) Written policy and procedure shall provide for informing appropriate staff of special medical and mental health problems of children.

(B) The following standards are recommended:

(1) All written policies and procedures are approved by the responsible health care authority.

(2) Written policy and procedure shall require that in consultation with the child's physician, each facility shall periodically review each child's current regimen of medication and, as authorized by the physician, make adjustments to that regimen as appropriate. In no event shall a facility begin, alter or suspend a child's medication without the approval of a physician.

(3) Written policy and procedure shall be developed and implemented for medical isolation under the direction of qualified health care personnel.

(4) Written policy and procedure shall require that the responsibility for arranging emergency treatment of dental needs be that of the facility.

(5) Written policy and procedure shall require that poison control numbers and other emergency numbers be clearly posted and readily accessible to staff.

(6) Written policy and procedure shall specify that emergency mental health services for children be provided by qualified mental health professionals.

(7) Written policy and procedure shall provide that at the time of admission, each child shall be screened for symptoms of illness or injury by a licensed physician, registered nurse, licensed practical nurse, physician's assistant, or by a staff person who has received training in health screening techniques. All findings are recorded on an approved screening form.

(8) Written policy and procedure shall provide that when a child requires medical attention in a potentially health-threatening emergency and such treatment conflicts with the religious tenets or practices of the child's custodial parent, the CRC shall immediately transport the child to a medical facility and refer the matter, as appropriate, to a juvenile judge in committing county, the department, the county children services board or county department of human services. The CRC shall further notify the person or agency who placed the child.

(9) All staff shall be certified in first aid and CPR.

R.C. 119.032 review dates: 08/14/2014 and 08/14/2019
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/1988

5139-35-15 Admissions and discharge.

The following standards are recommended:

(A) A CRC shall have written admission criteria specifying the types of children accepted and detailing grounds for automatic rejection of a referral.

(B) A CRC shall not accept into care any child for whom the services provided by the CRC are not appropriate or sufficient.

(C) A CRC shall maintain an admissions log which shall include the name of each youth admitted, the date of admission, the date of birth, and the date of discharge.

(D) The acceptance of children for emergency shelter care must be stated in the written purpose of the CRC and the admission policy.

(E) At the time of emergency shelter care placement of a youth, the CRC shall obtain at least the following information: name, birth date if available, physical description of the child, any available medication information, date and time of the admission, name and authority of person bringing the child to CRC, and reason for placement.

(F) Upon admission, a CRC shall assign a child-care staff member to orient the child to life at the CRC, CRC rules and consequences for violations of rules. This orientation is documented by child and staff signatures.

(G) A CRC shall have a handbook for residents and their families. This handbook shall summarize the information covered by the CRC's statement of purpose and program. In addition the handbook shall contain:

(1) Regulations for residents and consequences assigned for violations of regulations.

(2) Visiting hours and policies.

(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.

(H) A CRC shall provide the handbook to parents or guardians of a resident and to any resident, unless the age or functioning level of the resident would clearly not permit the resident to read and understand the handbook. The handbook shall be given to the child and given or mailed to parents or guardians within the first seventy-two hours following admission.

(I) Where a language or literacy problem exists that can lead to a child's misunderstanding of agency rules and regulations, assistance is provided to the child either by staff or another qualified individual under the supervision of a staff member.

(J) A CRC shall have a written policy which describes the conditions under which, and the procedures by which, a child will be discharged, including any criteria for emergency discharges and discharges not in accordance with the child's service plan.

(K) When a child is discharged, the CRC shall prepare, within thirty days following the date of discharge, a written discharge summary. A copy of the discharge summary shall be maintained within the record and a copy shall be provided to the placing agency, parent, or guardian.

(L) At least thirty days prior to any planned discharge, each CRC shall, in consultation with the placing agency, parent, or guardian, familiarize the child with the plans for his/her discharge.

(M) When a child is discharged, all of the following shall be documented in the child's case record.

(1) The reason for discharge.

(2) A brief summary or other documentation of medical and dental services provided while in residence.

(3) The new location of the child.

(4) The name and official title of the person to whom the child was released.

(N) For an unplanned discharge, there shall be a brief summary or other documentation of the circumstances surrounding the discharge.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-16 Program.

(A) The following standards are mandatory:

(1) Children are not permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

(2) All academic teachers are certified by the Ohio department of education.

(3) Children's attendance at religious services and functions shall be voluntary.

(B) The following standards are recommended:

(1) A CRC shall have a written description of the programs available to residents.

(2) The CRC shall have a list of community resources and consultants which will provide services to children.

(3) Vocational supervisors and instructors are licensed or accredited by the state or jurisdiction in which a CRC is located.

(4) All current written policies of the CRC shall be made available to all staff of the CRC.

(5) A CRC statement of purpose and program shall be routinely provided to any agency placing a child at the CRC and shall be made available to the public on request.

(6) A CRC shall ensure that all reasonable efforts are made by CRC staff to implement all current written policies of the CRC and that all activities and programs occur in accordance with such policies.

(7) The CRC shall provide individual counseling to each resident at least one time each week.

(8) Recreation supplies and equipment such as a pool table, ping pong table, etc., shall be available within the CRC.

(9) For nonsecure CRCs, six varied recreation and/or cultural activities outside of the CRC shall be provided each month to all children.

(10) Each CRC must work cooperatively with placing agencies and with the department.

(11) Within thirty days of the date of admission of each child, the CRC shall develop and implement a service plan for each child. The agency which placed the child, the child's custodial parent, when possible, and staff members who provide direct care, counseling, group work, recreation, education, and health services shall be involved in developing and implementing the service plan for the child and the family.

(12) The child's service plan shall, at a minimum, contain:

(a) A statement of goals and objectives that the placement is designed to achieve.

(b) A statement of the time frame projected for meeting the placement goals and objectives.

(c) Specification of the activities, such as education, counseling, recreation, vocational, medical diagnosis, visitation with parents/guardians, medical services, food services, psychiatric and psychological counseling and religious programming that will be provided to the child by the CRC.

(d) Specification of any specialized services that will be provided or arranged.

(e) Specification of progress reports which are to be provided monthly to the agency which place the child.

(13) A designated staff member involved in the development and implementation of the child's service plan shall periodically, but in no event less often than every thirty days, review the service plan and recommend any amendments thereto to the person or agency who placed the child. Such reviews shall include a record of the current adjustment of each child and an evaluation to determine whether he/she should remain in the CRC.

(14) Any change in a service plan is reviewed and discussed with the child. This review is dated and documented by staff and child signatures.

(15) Written policy and procedure require that the CRC shall provide reasonable access to religious programming. No negative consequences shall accrue from a child's refusal to participate in a religious service or religious function. All religions shall be afforded equal status and protection, subject to the limitations necessary to maintain order and security.

(16) Written policy and procedure require that library services be made available to all children. Written policy outlines specific criteria for utilizing, selecting and maintaining appropriate materials.

(17) Written policy and procedure provide that work assignments shall not conflict with minimum education programs.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-17 Visiting and communications.

The following standards are recommended:

(A) A CRC shall have a written policy concerning visits and communications between a child and family and friends. The information in this policy shall be included in written materials routinely provided to parents or legal custodians of the child and to the child.

(B) A CRC shall ensure that arrangements for visitation between the child and family or friends are not in conflict with the service plan. Visits shall be supervised in accordance with the service plan.

(C) A CRC 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 CRC shall, in accordance with the service plan, provide reasonable conditions of privacy for visits and telephone contacts.

(E) No correspondence to or from residents shall be censored. No correspondence to or from a resident shall be read by staff unless the CRC administrator has reasonable cause to believe the content of the correspondence may incite to endanger the CRC's order or security. If correspondence is read, the child must be informed.

(F) The CRC shall provide each resident with at least two first class stamps per week.

(G) All incoming and outgoing mail is forwarded within twenty-four hours, excluding weekends and holidays.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-18 Juvenile rights.

The following standards are recommended:

(A) No CRC or employee of a CRC shall in any way violate any child's civil rights.

(B) A CRC shall have a written policy to ensure that CRC staff and the CRC program protect the following rights of children:

(1) The right to a reasonable amount of privacy.

(2) The right to have his or her opinions heard and be included, to the greatest extent possible, when any decisions are being made which affect his/her life.

(3) The right to receive appropriate and reasonable adult guidance, support, and supervision.

(4) The right to receive adequate and appropriate food, clothing, and housing.

(5) The right to his/her own money and personal property in accordance with the child's service plan.

(6) The right to participate in an appropriate educational and/or vocational program.

(C) If the CRC enforces any restrictions upon the child's rights, the CRC shall:

(1) Inform the child of the conditions of and reasons for restriction or termination of his/her rights;

(2) Place a written report summarizing the conditions of and reasons for restriction or termination of the child's rights in that child's case record;

(3) When a restriction of a child's rights affects another individual, inform the individual of the conditions of and reasons for the actions;

(4) Review this decision at least monthly.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-19 Control and treatment of children.

(A) The following standards are mandatory:

(1) The discipline policies of the CRC shall embrace the philosophy that discipline is to be both constructive and educational in nature. The CRC's discipline policies shall prohibit all punishments including, but not limited to:

(a) Any type of physical punishment inflicted in any manner upon the body such as spanking, punching, paddling, shaking, biting, or roughly handling a child.

(b) The assignment of physically strenuous harsh work or exercises, when used solely as a means of punishment.

(c) Requiring or forcing a child to maintain an uncomfortable position, such as squatting or bending, or requiring a child to continuously repeat physical movements when used solely as a means of punishment.

(2) The use of psychotropic medication as a punishment is prohibited.

(B) The following standards are recommended:

(1) A CRC shall develop and implement, a written set of policies and procedures regarding displine, control, and treatment of children. These policies and procedures shall be explained to each child, all staff, and a copy provided to persons or agencies who desire to place a child at the CRC.

(2) A CRC shall not discriminate in providing care and supervision to children on the basis of religion or cultural heritage.

(3) All children shall be treated with kindness, consistency, and respect.

(4) The following acts are prohibited:

(a) Group punishments for the behavior of an individual, except in accordance with a recognized therapeutic modality and as described by written CRC policy.

(b) Verbal abuse or derogatory remarks.

(c) Excessive or prolonged denial of social or recreational activities.

(d) The denial of social or casework services, medical treatment, or educational services.

(e) The deprivation of meals, although scheduled meals may be provided individually.

(f) The denial of sleep.

(g) The denial of shelter, clothing, bedding, or restroom facilities.

(h) Excessive, inappropriate or intentionally painful physical restraint.

(i) Organized social ostracization, such as codes of silence.

(j) The use of chemical restraints, except by order of a physician.

(k) The use of mechanical restraints.

(5) Discipline shall be delegated only to persons who are employees of the CRC. Children shall not discipline other children except as part of an organized self-government program that is conducted in accordance with written policy and directly supervised by designated staff of the CRC.

(6) A CRC shall use an isolation room only in accordance with written CRC policy which has the prior approval of the department.

(a) A child shall be maintained in isolation only as long as the child's behavior continues to warrant isolation.

(b) A CRC shall ensure that the use of an isolation room is not for disciplinary purposes, but for the behavior management of a child who is out of control. Children identified as suicidal shall not be placed in an isolation room.

(c) Any room used for isolation shall be lighted, well-ventilated, and maintained at a comfortable temperature. The room shall be at least fifty-six square feet in size, and shall have a ceiling height of at least seven feet, six inches.

(d) When a child is placed in an unlocked isolation room, the following procedures shall be followed:

(i) Staff shall be in auditory contact with an isolated child at all times.

(ii) Staff should observe the child directly at intervals no longer than fifteen minutes during waking hours and thirty minutes during sleeping hours.

(iii) The log entry shall state the child's name, the time of placement in isolation, the name of the staff member authorizing placement, the reason for placement and the time of removal.

(iv) No child shall be isolated longer than thirty minutes without written approval from supervisory personnel.

(v) A child shall not be isolated longer than one hour without approval from the CRC administrator or longer than eight hours in a twenty-four-hour period.

(e) When a child is placed in a locked isolation room, the following procedures shall be followed:

(i) Staff members shall ensure that a child who is placed in a locked isolation room is not in possession of any object or material which might be used to inflict self-injury.

(ii) A staff member with no other assigned duty shall be in visual contact with an isolated youth at all times, and shall record his/her observations in a log.

(iii) The log entry shall state the child's name, the time of placement in isolation, the name of the staff member authorizing placement, the reason for placement and the time of removal.

(iv) The child shall not be isolated longer than thirty minutes without written approval from supervisory personnel.

(v) No child shall be held in a locked isolation room longer than eight hours without approval of the CRC administrator and no longer than forty-eight continuous hours.

(7) A CRC shall ensure that any disciplinary or behavior management response of staff do not result in the abuse or neglect of children.

R.C. 119.032 review dates: 08/14/2009 and 08/14/2014

Promulgated Under: 111.15

Statutory Authority: 5139.04

Rule Amplifies: 5139.04

Prior Effective Dates: 12/11/88

5139-35-20 Evaluation and data collection.

(A) A CRC shall have written policies, procedures and practices to ensure the following:

(1) All juveniles that receive program services must be entered into a management information system authorized by the department of youth services (DYS).

(2) Intake/termination forms shall be completed and entered into the management information system (MIS) within fourteen days unless a written waiver is granted from the bureau of community based programs.

(3) Case file information will be accurate when compared by DYS management information system.

(4) Each program shall designate a staff position or person for data entry and/or coordination.

(B) The facility or parent agency collaborates with juvenile justice and service agencies in information gathering, exchange, and standardization.

R.C. 119.032 review dates: 11/14/2013 and 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 2/3/2004