5139-37-01 Definitions.

(A) The following are definitions used in this chapter.

Bureau of criminal identification and investigation: conducts background checks, receives and files fingerprints, photographs and other information pertaining to arrested felons and advises arresting officials of the facts pertaining to previous arrests or convictions.

Chemical restraint: a form of medical restraint in which a drug is used to restrict the freedom of movement of a patient or in some cases to sedate a patient.

Child: for purposes of juvenile detention, an individual under the jurisdiction of the juvenile court up to the age of 21. Interchangeable with "youth."

C.I.M.: critical incident management: a disciplined structured approach to managing crisis situations.

Complaint: the legal document that sets forth the allegations that form the basis for juvenile court jurisdiction.

Contraband - any item possessed by a confined juvenile or found within the detention center that is illegal by law or expressly prohibited by those legally charged with the administration and operation of the facility or program.

Caustic materials: corrosive substances that can destroy or eat away by chemical reaction (e.g. lye, caustic soda, sulfuric acid).

Defensive aerosol: a natural, chemical, or synthetic product used for the purpose of causing irritation, discomfort, and distraction in order to reduce a subject's ability to attack or cause physical harm to themselves or others.

.

Detention center: a facility for the temporary care of individuals under the jurisdiction of the juvenile court, alleged to be delinquent, or who are pending court adjudication, or disposition or as a result of a juvenile sentence for a defined term.

Detention director: interchangeable with the title superintendent, the onsite final administrative authority at a detention center.

Disturbance: any behavior that hinders, impedes, obstructs or disrupts the center's programs/activities.

E.R.T.: emergency response training: any certified program that teaches staff suicide prevention and intervention techniques, how to respond to incidents of self injurious behavior with medical and de-escalation techniques and general crisis intervention strategies.

Health authority: the physician, health administrator, or agency responsible for the provision of health care services at a detention center.

Health care: the sum of all actions taken, preventive and therapeutic, to provide for the physical and mental well-being of a population. Includes access to medical and dental services, mental health services, nursing, personal hygiene, dietary services, and environmental conditions.

In-service training: any form of specialized training to enhance the job skills of an individual occurring after the individual has assumed the day-to-day responsibilities of that job. This includes on-the-job training, outside workshops, seminars and training programs, and participation in specifically developed correspondence courses and digital learning opportunities.

Magnetometer: an instrument for detecting the presence of ferrous or magnetic materials, esp. one used to detect concealed weapons.

Mandatory standard: describes minimal professional standards that address conditions of confinement.

Non-general revenue funds: monies received not from the general revenues of the state budget. Examples would be medicaid, child support, and grant funds.

Ohio Administrative Code: Codified administrative rules, adopted by an administrative agency pursuant to authority granted by the general assembly to carry out the policies and intent of a statute enacted by the general assembly.

Ohio Rules of Juvenile Procedure: prescribe the procedure to be followed in all juvenile courts of this state in all proceedings coming within the jurisdiction of such courts.

Orientation and pre-service training: The process by which a newly hired employee is informed about the facility, of his/her employment, its' programs, rules, and expectations. Orientation training is usually started following the initial hiring process.

PCSA: public child service agency: the children's services board or a county department of human services that has assumed the administration of the children's services function prescribed by Chapter 5153. of the Revised Code.

PCPA: private child placing agency - any association, as defined in section 5103.02 of the Revised Code that is certified pursuant to sections 5103.03 to 5103.05 of the Revised Code to accept temporary, permanent, or legal custody of children and place the children for either foster care or adoption.

PNA: private non-custodial agency Policy manual: the operational document delineating policies, procedures, and practices that describes the course of action adopted and pursued by an agency that guides and determines decisions and actions.

PREA - Prison Rape Elimination Act: enacted by congress to protect the eighth amendment rights of federal, state and local detainees.

Recommended standard: describes what are considered generally accepted practices for detention centers.

Status offenses: illegal behaviors under the jurisdiction of the juvenile court that are not regulated in adults. Examples would be truancy or unruliness.

Searches:

Frisk search: a routine search of a juvenile's person, which involves physical contact with the juvenile's outer clothing. The juvenile is not required to remove clothing, with the exception of shoes, hat, and/or jacket.

Hygiene search: an over all inspection of the skin and hair of a person to look for communicable diseases, parasitic infestations or signs of abuse.

Strip search: an inspection of the genitalia, buttocks, breasts, or undergarments of a person that is preceded by the removal or rearrangement of some or all of the person's clothing that directly covers the person's genitalia, buttocks, breasts, or undergarments.

Body cavity search: an inspection of the anal or vaginal cavity of a person that is conducted visually or manually, by means of any instrument, apparatus, or object, or any other manner. (section 2933.32 of the Revised Code)

Seclusion: isolating a youth in a room from which the youth's ability to egress is blocked. The term seclusion does not apply to locking a youth in a room during normal hours of sleep.

The department: the Ohio department of youth services. The state agency responsible for, among other things, the regulation and oversight of juvenile detention centers.

Time out: a brief removal of a youth from general population and into a private area where egress is not blocked. Used as a disciplinary action.

Toxic materials: substances that through chemical reaction or mixture can produce possible injury or harm to the body by entering through the skin, digestive tract, or respiratory tract (e.g., zinc, chromed paint, ammonia, chlorine, antifreeze, herbicides, pesticides).

Training - An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur onsite at any academy or training center, at an institution of higher learning, at national, state, and local training conferences / seminars, through contract service at professional meetings, or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of any of the above elements.

Verbal strategies: verbal de-escalation techniques designed to redirect youth behavior.

Effective: 02/07/2014
R.C. 119.032 review dates: 11/14/2013 and 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 1/30/2009