5139-37-16 Behavior management of children.

The following standards are mandatory:

(A) Written policy and procedure require that behavior management program include all acts that are prohibited within the facility , sanctions that can be imposed for various degrees of violation, and system of reinforcing positive behavior. When a literacy or language problem prevents a child from understanding the rules, a staff member or translator will assist the child in understanding the rules. The written rules are reviewed annually and updated, if necessary.

(B) Written policy and procedure require that within a reasonable length of time, depending on child's demeanor and behavior, the child has the cause for any disciplinary action explained to him/her and has an opportunity to explain the behavior leading to disciplinary action.

(C) Written policy and procedure allow the facility to utilize "time out" for youth found to have violated rules of the detention center.

(D) Written policy and procedure shall require the employees prepare a disciplinary report when a child has committed a violation of detention center facility rules.

(E) Written policy and procedure shall outline the use of room confinement, medical isolation, and self- confinement:

(1) Room confinement shall not be used for punishment, administrative convenience, retaliation, staffing shortages absent exigent circumstances, or reasons other than a temporary response to behavior that threatens immediate harm to a child or others.

(2) Written policy and procedure require that children who are in room confinement be observed at a least every fifteen minutes and that verification of contact shall be documented.

(3) Written policy and procedures requires that room confinement is reviewed by each shift and documented. Within twenty-four hours, the detention center director/designee shall review the room confinement and document the continued need for room confinement. During any room confinement extending beyond twenty-four hours, the detention center director/disignee shall review once each morning and once each evening the continued need for room confinement and shall be documented.

(4) For children who are in self confinement, staff shall attempt to engage the child in programming at least every shift and attempt to determine the reason that the child is in self confinement and if that reason can be resolved.

(5) For a child on medical isolation, the child shall be be placed on and removed from isolation by the health authority.

(F) Written policy and procedure provide for review of all disciplinary reports by the detention center director administrator or his/her designee to assure conformity with policies and procedures.

(G) Written policy and procedure ensure that a child shall have a right to a review of disciplinary actions by a supervisory or administrative staff member who has not been a party to the disciplinary action.

Effective: 3/21/2016
Five Year Review (FYR) Dates: 11/14/2018
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 1/30/2009