Lawriter - OAC - 5139-35-19 Control and treatment of children.

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 following acts are prohibited:

(a) Group punishments for the behavior of an individual,

(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 use of psychotropic medication as a punishment,

(g) The denial of sleep,

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

(i) Excessive, inappropriate or intentionally painful physical restraint,

(j) Organized social ostracization, such as codes of silence,

(k) The use of chemical or mechnical restraints.

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

(4) The use of locked isolation or room confinement is discouraged.

(5) A CRC shall only use a locked isolation room in accordance with written CRC policy and the following:

(a) A CRC shall ensure that the use of an isolation room is not for disciplinary purposes, but for the behavioral management of a child who is out of control,

(b) A child shall not be isolated without immediate approval from CRC administrator or designee.

(c) A child shall not be held in a locked isolation room longer than eight hours without approval of the CRC administrator and in no event longer than twenty-four continuous hours.

(d) A child shall be maintained in isolation only as long as the child's behavior continues to warrant isolation as approved by the CRC administrator or designee. A child's behavior shall be re-evaluated every half hour until released from isolation.

(e) 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.

(f) 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 every fifteen minutes.

(g) The log entry shall state the child's name, the time of placement in isolation, the name of the supervisory personnel authorizing placement, the reason for placement, time and name of supervisory personnel performing half hour re-evaluations, and the time of release.

(h) 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.

(B) The following standards are recommended:

(1) A CRC shall develop and implement, a written set of policies and procedures regarding discipline, 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) Discipline shall be delegated only to persons who are employees of the CRC. Children shall not discipline other children.

Effective: 10/30/2014
Five Year Review (FYR) Dates: 08/14/2014 and 10/30/2019
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.04
Prior Effective Dates: 12/11/1988