Chapter 5139-61 Community Juvenile Corrections Facilities

5139-61-03 Administration of community juvenile corrections facilities: responsibilities of the department.

The department shall establish, administer, and monitor a program of financial and technical assistance to grantees for the operation of facilities to serve eligible youth. The administration of the program includes, but is not limited to:

(A) Apportioning available funds to those grantees with designated community juvenile corrections facilities constructed in accordance with Amended H.B. 812 of the 117th General Assembly.

(B) Establishing procedures, time frames and an annual schedule for submitting requirements to the department for grant funding.

(C) Reviewing each grant application and renewal application to ensure that the application is in compliance with all administrative rules and departmental requirements.

(D) Providing technical assistance to the facility and the governing authority.

(E) Monitoring facilities annually to ensure compliance with administrative rules and the program design as stated in the approved grant application or renewal.

(1) The division of courts and community services, through the bureau of community facilities (), shall be charged with the inspection, supervision and approval of community correctional facilities (CCF).

(2) The bureau shall make annual on-site inspections of CCFs. Such inspections shall be scheduled with the administrator of the facility.

(3) The bureau may conduct unannounced inspections anytime.

(4) The CCF administrator shall make himself/herself, and key facility staff, available in the event the bureau field representative has questions or needs additional information.

(5) Once at the facility, the bureau field representative will meet with the CCF administrator and key facility staff to explain any criteria that will be used in the inspection, the reason(s) for the inspection and any other relevant matters.

(6) The bureau shall have full access to all areas of the CCF during any inspection, and to all records (including juvenile files), relating to the operation of the facility.

(7) The bureau's field representative shall ascertain compliance with the department of youth services standards contained in the Administrative Code and the department of youth services grant agreement and all other applicable guidelines.

(8) After an inspection the bureau's field representatives shall prepare a written report of its inspection. The report shall include any findings of non-compliance and shall be sent to the administrator of the CCF.

(9) The bureau shall require the facility to correct all deficiencies within thirty days from notification or to submit an acceptable plan and timetable to remedy these areas.

(10) The department may withhold funding for failure to comply with such notices, at the end of the thirty day period or the applicable timeline.

(F) Establishing a review process to evaluate the effectiveness of the facility in meeting its goals and objectives.

(1) The department will assist the facility by providing independent assessments and reports to the facility administrator.

(2) This shall be done in cooperation with the grantee.

Effective: 12/30/2012
R.C. 119.032 review dates: 10/15/2012 and 08/01/2017
Promulgated Under: 119.03
Statutory Authority: 5139.04(D)
Rule Amplifies: 5139.23 , 5139.33 , 2151.151
Prior Effective Dates: 3/30/92 (Emer.), 6/25/92, 10/20/07

5139-61-04 Administration of community juvenile correction facilities: responsibilities of the grantee.

The grantee representing the facility is eligible to receive grant funds by following these procedures:

(A) Establish a governing board in accordance with the Ohio Revised Code. Governing boards will:

(1) Meet a minimum of once per quarter and provide the department with the scheduled meeting dates and minutes from the meetings.

(2) Establish by-laws that are reviewed and approved annually which outline:

(a) Officers and terms of office.

(b) Voting and quorum requirements.

(c) Specify delegation of authority.

(d) Establish standing sub-committees to include an advisory board, legal, finance, programming and personnel.

(B) Maintain compliance with requirements of established rules under Chapters 5139-36, 5139-61, and 5139-63 of the Administrative Code.

(C) Apply for grant funds and completing a grant application. Applications shall describe:

(1) The standardized screening process to ensure that all eligible youth are considered for admission to the facility, including the notification process between the courts and the facility.

(2) The plan to reduce commitments to the department, including measurable goals and objectives.

(3) The programs, and services and treatment offered by the facility.

(4) The method to be utilized to monitor and evaluate the programs and services available to youth in the facility.

(5) The plan to ensure access to the facility and its services by minority juveniles.

(D) Comply with procedures, time frames and the annual schedule of requirements established by the department.

(E) The CCF administrator may request and will participate in technical assistance provided by the department for either the facility or governing board.

The CCF administrator and identified staff member (e.g. program director, trainer) are required to attend scheduled meetings or trainings conducted by the department.

(F) Comply with monitoring and inspections conducted by the department to include:

(1) The CCF administrator shall prepare for the annual on-site inspection visit in accordance with the bureau's guideline and instruction.

(2) Upon arrival of the bureau's field representative, the administrator shall make him/herself, and key facility staff, available in the event the inspection team has questions or needs additional information.

(3) A waiver for non-applicability of a standard shall be requested prior to the annual on-site scheduled visit. This request will be reviewed by the bureau chief of community facilities. The decision by the chief is final and may not be appealed.

(4) The bureau shall require the facility to create a corrective action plan addressing all deficiencies within thirty days from receipt of the inspection report.

(5) The department may withhold funding for failure to comply with such notices, at the end of this thirty day period.

(G) Establish a review process to evaluate the effectiveness of the facility in meeting its goals and objectives.

(1) This shall be done in conjunction with the department.

(2) The facility shall use independent assessments and reports provided by the department to facilitate this process.

(3) The facility will submit an annual report by August thirty-first of each year that describes the progress made toward achieving the goals and objectives as described in the application, program overview and statistical data programs, outcomes and youth demographic information.

Effective: 12/30/2012
R.C. 119.032 review dates: 10/15/2012 and 08/01/2017
Promulgated Under: 119.03
Statutory Authority: 5139.04(D)
Rule Amplifies: 5139.23 , 5139.33 , 2151.151
Prior Effective Dates: 3/30/92(Emer.), 6/25/92, 10/25/02, 2/3/04, 10/20/07

5139-61-07 Grant application and renewal requirements.

Grant renewal applications are due to the department no later than March first of each year. Each grant submission shall include the overall facility program plan, which includes:

(A) The problem statement.

(B) The mission and goals of the facility.

(C) The diversion plan which describes the plan to reduce commitments to the department. The plan shall include:

(1) The eligibility criteria.

(2) The length of time that youth are expected to remain in the facility.

(3) The number of youth previously committed to the department for each participating county during the previous fiscal year.

(4) The number of youth previously recommitted or revocated from each participating county during the previous fiscal year.

(5) The total number of youth to be served by the facility during the past fiscal year.

(6) The projected number of youth who will be diverted from a commitment to the department by being admitted to the facility during the upcoming fiscal year.

(7) The projected number of youth who will be diverted in lieu of a recommitment or revocation by being admitted to the facility during the upcoming fiscal year.

(D) An overview of the facility to include:

(1) A table of organization.

(2) A list of the governing board members; and the associated sub-committees.

(3) A list of all personnel titles and their job descriptions, and a staffing pattern/schedule for a thirty day period.

(4) All policies and procedures of the facility.

(5) The sanctions to be imposed on youth who violate rules of the facility.

(6) The substance abuse policy for the facility.

(7) The plan to access local aftercare services for youth.

(8) The plan for obtaining and maintaining accreditation from the American correctional association for the facility.

(E) The admission procedure.

(F) A description of programs approved by the department, services and treatment available to youth, which shall include at a minimum:

(1) Independent living programs and basic living skills.

(2) Recreation programs.

(3) Educational services and the entity providing education.

(4) Job training and job readiness programs.

(5) Counseling/treatment services, including specialized services.

(6) Medical services.

(7) Religious services.

(8) Mental health services.

(9) Substance abuse services.

(10) The community resources to be used by the facility.

All subsequent applications shall include paragraphs (B), (C) and (D) of this rule and specify any changes or proposed changes in the other paragraphs since the last application.

Effective: 12/30/2012
R.C. 119.032 review dates: 10/15/2012 and 08/01/2017
Promulgated Under: 119.03
Statutory Authority: 5139.04(D)
Rule Amplifies: 5139.23 , 5139.33 , 2151.151
Prior Effective Dates: 3/30/92 (Emer.), 6/25/92, 10/20/07

5139-61-09 Grant application and agreement process.

(A) The grant application is the facility proposal submitted to the department for approval and continued funding.

(1) By January fifteenth of each year, the department shall forward an application for grant funds to eligible facilities.

(2) Completed grant applications shall be sent to the department no later than March first in accordance with rule 5139-61-07 of the Administrative Code.

(3) During the month of March, the department will review grant application and funding requests with each facility.

(4) On or before June 30th, the facility shall be notified of the approval or non-approval of its application to include program content and fiscal requests.

(5) Revised grant applications are due to the department no later than July thirtieth each year.

(B) The grant agreement is the ratification of the approved grant application by both the governing board and the director of the department.

(1) Signed grant agreements are due to the department no later than September thirtieth each year.

(2) Facilities will not be disbursed their second quarter funding until the department has received signatures on both the revised application and the grant agreement.

(3) The bureau of community facilities shall return signed copies of both documents to the facility and governing board.

Replaces: 5139-61-09

R.C. 119.032 review dates: 08/01/2012 and 08/01/2017
Promulgated Under: 119.03
Statutory Authority: 5139.04(D)
Rule Amplifies: 5139.23 , 5139.33 , 2151.151
Prior Effective Dates: 3/30/92 (Emer.), 6/25/92, 10/20/07

5139-61-10 Appeal process.

(A) The facility administrator may initiate an appeal in writing within thirty calendar days of the receipt of the notice of non-approval. A request for appeal must be sent by certified mail to the director of the department, responding specifically to each of the reasons(s) for non-approval.

(B) Within thirty days following the receipt of the appeal, the director or designee shall conduct a hearing to consider merits of the appeal. A decision shall be rendered within thirty days of the hearing and be sent by certified mail to the facility administrator.

(C) The decision of the director is final and may not be appealed. An appeal under Chapter 119. of the Revised Code shall not be granted.

R.C. 119.032 review dates: 08/01/2012 and 08/01/2017
Promulgated Under: 119.03
Statutory Authority: 5139.04(E)
Rule Amplifies: 5139.23 , 5139.33 , 2151.151
Prior Effective Dates: 3/30/92 (Emer.), 6/25/92