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