5139-37-15 Juvenile rights.

The following standards are mandatory:

(A) The detention center shall have a written policy and procedure which prohibits employees from violating any civil rights of juveniles which shall include but not be limited to:

(1) The detention center shall have written policies protecting juveniles from being used as human subjects for medical, pharmaceutical, or cosmetic experiments.

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

(3) The right to have his/her opinions heard and to be assured reasonable due process in all matters.

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

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

(B) The detention center shall have a written policy, procedure, and practice to ensure the right of juveniles to have access to courts.

(C) The detention center shall have written policies and procedures regarding the photographing and audio or audio-visual recordings of juveniles in their custody which require that:

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

(2) All photographs and recordings are used in a manner which respects the dignity and confidentiality of the juvenile.

(D) The discipline policies and procedures of the detention center shall incorporate the philosophy that discipline is to be both constructive and educational in nature. The detention center's discipline policies and procedures shall prohibit all acts of punishments including, but not limited to:

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

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

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

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

(5) Verbal abuse or derogatory remarks.

(6) Denial of planned and required recreational activity without cause.

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

(8) The denial of religious or educational services without cause.

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

(10) The denial of sleep.

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

(12) Inappropriate or intentionally painful physical restraint.

(13)

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

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: 12/11/1988, 1/30/2009