Chapter 5139-69 Juvenile Sex Offender Treatment Program

(A) The purpose of this rule is to create a juvenile sex offender treatment program certification advisory board, outline its duties, and identify its membership.

(B) As used in this rule, the following definitions shall apply:

(1) “Board” means the juvenile sex offender treatment program certification advisory board.

(2) “Certification” means the written authorization from the department for the operation of a juvenile sex offender and/or child-victim offender treatment program.

(3) “Child-victim offender” means any person defined in division (D) of section 2950.01 of the Revised Code.

(4) “Juvenile sex offender” means a child who is adjudicated a delinquent for committing, or has been adjudicated a delinquent child for committing any sexual offense as defined in section 2950.01 of the Revised Code.

(5) “Program” means an entity that provides treatment services to juvenile sex offenders and/or child-victim offender in accordance with rule 5139-69-03 of the Administrative Code.

(6) “Treatment services” means a comprehensive set of therapeutic experiences and interventions planned and organized to improve the prognosis and functioning of a juvenile sex offender/child-victim offender and to reduce the risk of sexual reoffense or other sexually abusive and aggressive behavior.

(C) For the purposes of complying with section 2950.16 of the Revised Code, there is hereby created within the Ohio department of youth services a juvenile sex offender treatment program certification advisory board.

(1) Duties of the board:

(a) The board shall initially certify juvenile sex offender and child-victim offender treatment programs.

(b) The board shall develop and implement a process for full certification of these programs no later than June 30, 2010.

(c) The board shall direct the inspection and monitoring of juvenile sex offender and child-victim offender treatment programs.

(d) The board shall maintain a list of certified juvenile sex offender and child-victim offender treatment programs that is open to public inspection.

(e) The board shall evaluate and monitor the effectiveness of certified sex offender and child-victim offender treatment programs.

(f) The board shall develop a plan to fund and support the certification of sex offender and child-victim offender treatment programs.

(g) Prior to June 30, 2010 the board shall conduct public hearings to gather information on the functioning of the certification program, the operation of the board, and to serve in its advisory capacity to the governor and general assembly.

(2) Board membership

(a) The board shall, at a minimum, consist of the following members:

(i) One member appointed by the director of the Ohio department of youth services who can represent sex abuse victims and victims’ rights organizations;

(ii) One member representing the Ohio department of youth services appointed by the director of the department;

(iii) One member representing the Ohio department of rehabilitation and corrections appointed by the director of the department;

(iv) One member who is recommended by the buckeye state sheriff’s association representing local county sheriff offices and appointed by the director of the department;

(v) One member representing juvenile community corrections appointed by the director of the department;

(vi) One member representing the governor’s office of the state of Ohio appointed by the governor;

(vii) One member representing public children services agencies or county department of job and family services, appointed by the director of the Ohio department of youth services; and,

(viii) One member representing each of the following areas, appointed by the director of the Ohio department of youth services:

(a) Assessment of juvenile sex offenders/child-victim offenders;

(b) Treatment of juvenile sex offenders/child-victim offenders;

(c) Supervision, transition and re-entry of juvenile sex offenders/child-victim offenders; and,

(d) Staff qualifications, backgrounds, and experiences in providing treatment services to juvenile sex offender/child-victim offenders.

(b) The membership of the board shall reflect to the extent possible, the geographic, rural and urban areas, and cultural diversity of the state.

(c) The director of the department of youth services shall appoint a chair from among the board members.

(d) Members appointed by the director of the Ohio department of youth services shall serve on the board for a period of two years. All other members shall serve for a period of one year. Regardless of appointing authority, all members may be reappointed.

(e) No member holding a financial or personal interest in a program applying for certification before the board shall participate in the deliberations or approval of that program for certification.

(3) Board members shall serve voluntarily but shall be compensated for reasonable and necessary expenses incurred in the discharge of their duties unless otherwise compensated for the expenses by their employer. When compensated, the same standards shall apply to board members as those standards applied to state employees.

Effective: 12/11/2008

R.C. 119.032 review dates: 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(D)

Rule Amplifies: 2950.16

Prior Effective Dates: 7/1/08

(A) The purpose of this rule is to outline the initial certification process for juvenile sex offender and child-victim offender treatment programs.

(B) As used in this rule, the following definitions shall apply:

(1) “Board” means the juvenile sex offender treatment program certification advisory board, as created in rule 5139-69-01 of the Administrative Code.

(2) “Certification” means the written authorization from the department for the operation of a juvenile sex offender and/or child-victim offender treatment program.

(3) “Child-victim offender” means any person defined in division (D) of section 2950.01 of the Revised Code.

(4) “Department” means the Ohio department of youth services.

(5) “Juvenile sex offender” means a child who is adjudicated delinquent for committing or has been adjudicated a delinquent child for committing any sexually oriented offense, pursuant to section 2950.01 of the Revised Code.

(6) “OCAP” means the Ohio comprehensive assessment protocol self-assessment instrument.

(7) “Program” means an entity that provides treatment services to juvenile sex offenders and/or child-victim offenders in accordance with rule 5139-69-03 of the Administrative Code.

(8) “Treatment services” means a comprehensive set of therapeutic experiences, and interventions planned and organized to improve the prognosis and functioning of a juvenile sex offender/child-victim offender and to reduce the risk of sexual reoffense or other sexually abusive and aggressive behavior.

(9) “Variance” means time limited, written permission granted by the board to a program to meet a modified requirement of a rule of the Administrative Code .

(10) “Waiver” means time limited, written permission granted by the board to a program to be exempted from a rule or specific provision of a rule of the Administrative Code.

(C) Application for initial program certification

(1) A program seeking initial certification must complete and submit to the board an application form provided by the board that contains the following elements:

(a) Program name, business address, telephone number, fax number, and email address;

(b) A description of the treatment services provided;

(c) A list of counties the program serves and where treatment services are provided;

(d) A copy of currently held licenses or certificates issued by the Ohio departments of alcohol and drug addiction services, jobs and family services, mental health and/or mental retardation and developmental disabilities’

(e) A description of the types of youth served;

(f) A copy of the continuing education plan and policies regarding the qualifications and credentials required for staff responsible for supervising and delivering juvenile sex offender/child-victim offender treatment;

(g) A signed attestation avowing that no staff responsible for supervising and delivering juvenile sex offender/child-victim offender treatment has been disciplined or placed on probationary status by any professional licensing or certifying body, or has a currently revoked, canceled, or suspended license or certificate;

(h) A copy of the program’s policy addressing preventing sexual contact between youth and others as required in paragraph (C)(2) of rule 5139-69-03 of the Administrative Code.

(i) A completed OCAP; and,

(j) Any requests for variances or waivers from provisions of this rule or from provisions of rule 5139-69-03 of the Administrative Code.

(D) Application review and approval

(1) Applications for initial program certification shall be reviewed by the board within ninety days of receipt of the application by the board.

(a) If the board determines the application is complete and is compliant, the program shall be notified in writing and an initial certification issued.

(b) If the board determines the application to be incomplete or non-compliant, it shall notify the program in writing and identify the timeframe within which the program must correct cited deficiencies.

(i) A revised application may be resubmitted upon correction of the cited deficiencies.

(ii) If deficiencies have not been corrected within the timeframe specified, the board shall withhold any further consideration of the application.

(iii) The board’s return of incomplete or non-complaint materials to the program or failure to take further action to issue a certificate shall not constitute denial of an application for program certification.

(E) Variances and waivers

(1) A program may submit a variance or waiver request to the board of any requirements imposed in paragraph (C) of this rule, or to the standards as defined in rule 5139-69-03 of the Administrative Code. The granting of a variance or waiver is a discretionary act of the board based upon documentation as to why the program is not in compliance. The refusal to grant a variance or waiver, in whole or in part, shall be final and shall not be construed as creating any rights to a hearing under Chapter 119. of the Revised Code.

(a) A request for variance or waiver shall contain the following:

(i) Identification of the required application element and/or standard for which the variance or waiver is being applied for;

(ii) The reason for requesting the variance or waiver. Specific barriers to compliance must be identified;

(iii) If applicable, submission of evidence supporting the proposed variance’s or waiver’s effectiveness with treatment of juvenile sex offenders; and,

(iv) A description of the efforts that have already been tried to address the issue requiring the variance or waiver.

(b) The board shall review the variance/waiver request within thirty days of having received the request. If a variance or waiver is granted, the board shall have the authority to set forth specific program conditions that must be met during the timeframe of the proposed variance/waiver. The board may require the program to submit periodic documentation regarding how the variance/waiver is working and the identification of any benefits or challenges.

(c) If the specific program conditions are not met, the board shall have the authority to refuse to issue or may revoke a certificate.

(F) Initial program certification

(1) Upon review and approval of an application for initial program certification, a certificate shall be issued to the program for the period up to and including June 30, 2010.

(2) The certified program’s name shall be added to the list of certified juvenile sex offender and child-victim offender programs maintained by the board and which is open to public inspection.

(G) Denial, revocation and termination of certification

(1) The board may deny or revoke certification of a program for one or more of the following reasons:

(a) Subsequent to review of a program’s application for initial certification, it was determined not to qualify for certification;

(b) It was determined that false or erroneous information was provided on the application for initial certification;

(c) A complaint of abuse, neglect, fraud, or unethical behavior by program staff is substantiated by the appropriate investigative body;

(d) The program fails to remain in compliance with the rules and/or standards of an appropriate licensing, certifying, accrediting or other regulatory body;

(e) The program or principal in the program has been convicted of Medicaid fraud.

(2) If a certificate is denied, revoked or terminated, the program’s name shall be removed from the list of certified juvenile sex offender and child-victim offender treatment programs that is open to public inspection.

(3) If a certificate is denied, revoked or terminated, the board will inform any other regulatory body(ies) having jurisdiction over the program’s licenses and/or certificates.

(4) Certificates shall be returned to the board upon termination or revocation of certification, or of the program voluntarily relinquishes the certificate or goes out of business.

(5) The denial or revocation of certification is subject to appeal under Chapter 119. of the Revised Code.

(H) Complaints against certified programs

Should any person have a reason to believe that the certification of a program should be revoked, that individual may submit the concern to the board in writing together with any applicable supporting documentation. Complaints will be reviewed by the board and responded to in writing by the board.

Effective: 07/01/2008

R.C. 119.032 review dates: 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(D)

Rule Amplifies: 2950.16

(A) The purpose of this rule is to set forth requirements for the treatment of juvenile sex offenders and child-victim offenders. This rule applies to all programs seeking juvenile sex offender and/or child-victim offender treatment program certification.

(B) Definitions

(1) “Assessment” means the process of collecting, documenting, and analyzing information in measurable terms, so that appropriate decisions can be made regarding the need for the supervision and treatment of juvenile sex offenders.

(2) “Board” means the juvenile sex offender treatment program certification advisory board created in rule 5139-69-01 of the Administrative Code.

(3) “Child” means a person who is under eighteen years of age, except that the juvenile court has jurisdiction over any person who is adjudicated an unruly or delinquent child prior to attaining eighteen years of age until the person attains twenty-one years of age, and, for the purposes of that jurisdiction related to the adjudication, a person is so adjudicated an unruly or delinquent child shall be deemed a “child” until the person attains twenty-one years of age. For the purposes of this rule, the term youth and/or juvenile may also be used to describe a child.

(4) “Child victim offender” means any person defined in division (D) of section 2950.01 of the Revised Code.

(5) “Confidentiality waiver” means a document that is part of informed consent that delineates the limitations of confidentiality of treatment services provided to juvenile sex offenders and/or child-victim offenders.

(6) “Family” means a group of people related by blood or circumstances who may rely upon one another for sustenance, support, security, and or socialization.

(7) “Juvenile sex offender” means a child who is adjudicated delinquent for committing or has been adjudicated a delinquent child for committing any sexually oriented offense, pursuant to 2950.01 of the Revised Code.

(8) “MRDD” means mental retardation and developmental disabilities.

(9) “ODYS” means the Ohio department of youth services.

(10) “PCSA” means a public children services agency.

(11) “Program” means an entity that provides treatment services to juvenile sex offenders and/or child-victim offenders in accordance with this rule.

(12) “Safety plan” means a plan that addresses specific risk factors of an individual youth as well as interagency collaboration and information sharing.

(13) “SORN classification/hearing” means a hearing completed by a judge or magistrate to determine if an adjudicated child is to be classified as a juvenile sex offender registrant or public qualified registry juvenile offender registrant and to determine the child’s duties to register and if community notification is needed.

(14) “Transition services” means services provided when a youth moves from one level of care to another, moves from one treatment location to another, and/or moves from one age group to another.

(15) “Treatment services” means a comprehensive set of therapeutic experiences, and interventions planned and organized to improve the prognosis and functioning of a juvenile sex offender/child-victim offender and to reduce the risk of sexual reoffense or other sexually abusive and aggressive behavior

(16) “Treatment contract” means a document explained to and signed by a juvenile and other treatment team members that identifies the responsibilities of the family, guardian, and youth; special requirements imposed by treatment team members; conditions that provide for protection of past and potential victims; and, consequences for failure to comply with the treatment plan.

(17) “Treatment plan” means a written statement(s) of objectives and goals for an individual established by a treatment team, with specific criteria to evaluate progress. Treatment plans shall identify problem areas to be addressed in treatment, proposed treatment and treatment goals.

(C) Program requirements

(1) Programs shall have a written description of the theoretical basis for the treatment of juvenile sex offenders and child-victim offenders that encompasses the philosophy and methods of treatment, including the identification of specific treatment services and individuals qualified to deliver and supervise those services.

(2) Programs shall have a policy for preventing sexual contact between youth and others. The efficacy of the policy shall be reviewed at least annually and revised as appropriate. Any revision to the policy shall be filed with the board within thirty days of revision.

(3) Programs shall be appropriately licensed and/or certified.

(4) Programs shall have policies regarding:

(a) Admission and discharge criteria;

(b) Confidentiality;

(c) Client/resident safety;

(d) Prohibited activities, including sexual contact/activity and consequences;

(e) Staff ratios;

(f) Abuse, neglect and physical intervention by staff;

(g) Critical incident reporting and tracking; and,

(h) Program evaluation or performance improvement planning.

(5) Programs shall address the following treatment components:

(a) Youth commitment to behavior change;

(b) Family involvement and/or reintegration;

(c) Correcting cognitive distortions;

(d) Appropriate expression of feelings;

(e) Developing positive relationships;

(f) Reducing and controlling deviant sexual arousal;

(g) Victim empathy;

(h) Developing insight into the factors that trigger sexually abusive behavior;

(i) Developing effective strategies to reduce the risk of reoffense;

(j) Identifying positive support networks, including parents and families and develop a plan for accessing support;

(k) Developing healthy expression of sexuality; and,

(l) Relapse prevention.

(6) Both residential and community-based/outpatient programs shall have written policies and procedures regarding:

(a) Program’s expectations of youth’s participation;

(b) A handbook provided to each youth with information about the program, the rules that apply to youth receiving services, a copy of the rules, and the program’s complaint process;

(c) Processes by which the youth is referred to other services;

(d) Collaboration when necessary with other professionals, families and community supports;

(e) Development and implementation of treatment contracts;

(f) Safety plans;

(g) Transitioning and continuity of care from one setting to another;

(h) Treatment group size; and,

(i) Youth compliance with SORN registration duties.

(7) Programs providing transition services shall have policies and procedures that require documentation of the following:

(a) All offense details, police reports, victim statements, initial and ongoing assessments, documentation of treatment notices, clinical records and the safety plan are reviewed;

(b) A primary sex offender treatment case manager is assigned who is qualified to coordinate services, manage transition/pre-release planning and monitor youth compliance with the transition plan;

(c) The need for ongoing physical, behavioral health, or MRDD services are assessed and referrals are made to community providers;

(d) Assessments shall be completed and findings shall be included in the treatment plan;

(e) An education plan is established, transfer of records is complete, testing is up to date, resource assistance is identified;

(f) Job readiness has been assessed and referrals made for training, literacy, transportation, job coaching, and other supports necessary to achieve self-sufficiency including independent living skills;

(g) Where appropriate, youths’ duties to register are included in the transition plan; and,

(h) If youth is enrolled in the school, the school district has been requested to provide a designated representative for the school-school district to participate as a member of the treatment team.

(D) Clinical records

Clinical records shall, at a minimum, be comprised of:

(1) Assessment results;

(2) Signed statement of informed consent;

(3) Signed confidentiality waiver document;

(4) Signed treatment contracts;

(5) Individual treatment plans;

(6) Relevant medical records;

(7) Offense history;

(8) School records if applicable; and,

(9) Discharge or termination summary at discharge or termination.

(E) Documentation requirements

(1) Assessment

(a) Assessment tools shall be clinically indicated for assessing the needs of juveniles who are suspected of or have a history of inappropriate sexual behaviors and be administered by qualified service providers acting within their scope of practice.

(b) The initial comprehensive assessment of a child shall address the following information:

(i) Family history and dynamics;

(ii) Youth’s own abuse/victimization history;

(iii) History of living arrangements/living environments;

(iv) Social supports system;

(v) Criminal history/criminogenic factors;

(vi) Educational history/vocational history;

(vii) History that places youth at risk (substance abuse, gambling, eating disorder);

(viii) Behavioral health history and any treatment received;

(ix) Medical history;

(x) Mental health status assessment;

(xi) Aggression history;

Sexual behavior/history;

(xii) Cognitive assessment

(xiii) Alleged offense/sexually inappropriate behavior/self-report including:

(a) Context at the time of the offense;

(b) Behavior and dynamics leading up to the offense;

(c) Details of what occurred;

(d) Details of what happened right after offense;

(e) Details of how offense was discovered; and,

(f) Motivation for sexually inappropriate behavior.

(xiv) Risk factors for re-offending or further sexually acting out behavior;

(xv) External relapse prevention systems including informed supervision;

(xvi) Amenability to treatment;

(xvii) SORN information as required in section 2950.03 of the Revised Code;

(xviii) Prior juvenile court history;

(xix) Details of the current charges and any other alleged incidents or charges;

(xx) Documents describing victim impact;

(xxi) Any available information from other sources regarding the child’s inappropriate sexual behavior; and,

(xxii) Documentation of any child welfare investigations and case records when applicable.

(c) Assessments used in classification/reclassification hearings must contain the following pursuant to division (D) of section 2152.83 of the Revised Code;

(i) The nature of the sexually oriented offense or the child-victim oriented offense committed by the youth;

(ii) Whether the youth has shown any genuine remorse or compunction for the offense;

(iii) The public interest and safety;

(iv) The factors set forth in division (K) of section 2950.11 of the Revised Code, provided that references in the factors as set forth in that division to “the offender” shall be construed for purposes of this division to be references to “the delinquent child”;

(v) The factors set forth in divisions (B) and (C) of section 2929.12 of the Revised Code as those factors apply regarding the delinquent child, the offense, and the victim; and,

(vi) The results of any treatment provided to the child and any follow-up professional assessment of the child.

(d) Assessments shall be updated every six months, prior to any changes in level of care, within thirty days of discharge, or when clinically indicated, whichever is more frequent.

(e) Assessments shall conform to the current SORN classification reviews as described in section 2950.03 of the Revised Code.

(2) Individualized treatment plans

(a) Individualized treatment plans shall be based on a comprehensive assessment and with participation from the youth, the family and victim where appropriate.

(b) Treatment plans shall include:

(i) Specific measurable treatment goals;

(ii) Specific action steps that identify the party responsible;

(iii) Target dates for goal attainment;

(iv) Safety plans; and,

(v) Criteria for discharge and change in level of care.

(c) Treatment plans shall be reviewed every ninety days and at each assessment.

(3) Treatment contracts

(a) Following the development of the treatment plan, the program shall write a treatment contract with the youth. The treatment contract shall be explained in language understood by the juvenile and/or the parent/legal custodian.

(b) The treatment contract shall identify:

(i) Responsibilities of the youth;

(ii) Responsibilities of the family and legal custodian and the youth;

(iii) Special requirements imposed by the juvenile court, probation, parole, PCSA, and/or ODYS;

(iv) Duties to register and consequences for failure to register if applicable; and,

(v) Consequences for failure to comply with the treatment plan.

(c) If the youth refuses to sign the treatment contract, the program shall notify the treatment team and they shall decide on the appropriate action.

(4) Confidentiality documents

(a) Confidentiality documents must:

(i) Specify effective and ending dates;

(ii) Outline any specific limitations on youth and family confidentiality;

(iii) Include an explanation of how consent may be withdrawn without penalty; and,

(iv) Document informed consent of the parent or legal custodian and the youth.

(5) Termination of treatment

(a) As a condition of a planned discharge from a treatment program, the program must document that the youth has substantially complied with the treatment plan, satisfied the conditions of the treatment contract, and has been assessed as eligible for consideration for discharge.

(b) As a condition of an unplanned discharge from a treatment program, the program must document that a youth has failed or refused to comply with the treatment plan, has not met the conditions of the treatment contract, and/or has been assessed as ineligible for consideration for discharge.

Effective: 07/01/2008

R.C. 119.032 review dates: 07/01/2013

Promulgated Under: 119.03

Statutory Authority: 5139.04(D)

Rule Amplifies: 2950.16