Chapter 5139-69 Juvenile Sex Offender Treatment Program

5139-69-01 Creation of a juvenile sex offender treatment program certification advisory board.

(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, child-victim offender and/or youth with sexually abusive behaviors treatment program

(3) “Child-victim offender” means a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented offense, pursuant to 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 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.

(6) “Program” means an entity that provides assessment, treatment, and/or transition services to juvenile sex offenders, child-victim offenders and/or youth with sexually abusive behaviors in accordance with rule 5139-69-03 of the Administrative Code.

(7) “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.

(8) “Youth with Sexually abusive behaviors” means a child who has been identified as engaging in behavior that could be defined as any sexual offense defined in section 2950.01 of the Revised Code regardless if the youth was formally adjudicated of the 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 child-victim offender and youth with sexually abusive behaviors treatment programs.

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

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

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

(e) The board shall require certified juvenile sex offender and child-victim offender assessment, treatment and transition programs to establish performance or outcome measures that evaluate effectiveness of the program.

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

(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 that 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 of that association;

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

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

(vii) One representative of a juvenile or family court appointed by the president of the Ohio association of juvenile and family court judges.

(viii) One member with demonstrated expertise in working with juvenile sex offenders, child-victim offender and/or youth with sexually abusive behaviors 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,

(ix) 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) Quality assurance or quality improvement for treatment services.

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

(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 to no more than two terms consecutively.

(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: 08/13/2010

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

Promulgated Under: 119.03

Statutory Authority: 5139.04(D), 5139.04(H)

Rule Amplifies: 2950.16, 5139.34, 5139.41, 5139.43

Prior Effective Dates: 7/1/08; 12/11/08

5139-69-02 Initial certification and recertification of juvenile sex offender and child-victim offender treatment programs.

(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 theAdministrative Code. .

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

(5) “For cause survey” means an on-site review and examination of agency policies for assessments, treatment plans, progress notes and other relevant information in accordance with rule 5139-69-03 of the Administrative Code at the location of the agency seeking initial or recertification for those programs that do not hold a license or certificate issued by the Ohio departments of alcohol and drug addiction services, job and family services, mental health and/or developmental disabilities or a national accrediting body or at the discretion of the board.

(6) “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.

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

(8) “Policy” means a set of written basic principles and associated guidelines, formulated and enforced by the governing body of a program, to direct and limit its actions.

(9) “Program” means an entity that provides assessment, treatment and/or transition services to juvenile sex offenders, child-victim offenders and or youth with sexually abusive behaviors in accordance with rule 5139-69-03 of the Administrative Code.

(10) “Recertification” means the review and approval of a program for the continued operation of a juvenile sex offender, child victim-offender treatment program.

(11) “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.

(12) “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.

(13) “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.

(14) “Youth with sexually abusive behaviors” means a child who has been identified as engaging in behavior that could be defined as any sexual offense as define in section 2950.01 of the Revised Code, regardless if the youth was formally adjudicated.

(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) Type of certification a program is applying for: assessment, treatment and/or transition or any combination thereof.

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

(e) 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 developmental disabilities’ and/or any national accrediting body;

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

(g) 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;

(h) 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;

(i) A complete copy of treatment contracts, consent forms, statements of confidentiality, two treatment plans with personally identifiable information deleted, practice methodology statement on how treatment and safety plans are developed;

(j) A copy of the program’s policy addressing preventing sexual contact between youth and a copy of the program’s policy addressing preventing sexual contact between all staff and youth as required in paragraph (C)(4) of rule 5139-69-03 of the Administrative Code.

(k) A completed OCAP; and,

(l) 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 for recertification

(1) A program seeking recertification must submit to the board a recertification application form provided by the board that contains the following elements:

(a) A copy of currently held licenses or certificates issued by the Ohio departments of alcohol and drug addiction services, job and family services, mental health and/or developmental disabilities or a national accrediting body.

(b) A copy of the currently held initial program certification for juvenile sex offender and/or child-victim offender treatment programs;

(d) A copy of the continuing education plan and policies focusing on assessment, treatment, transition and/or management of juvenile sex offenders, child-victim offenders and/or youth with sexually abusive behaviors; and, provide documentation of implementation of the plan.

(e) A copy of the table of organization that identifies the qualifications or credentials of staff responsible for supervising and delivering services to youth;

(f) Documentation reflecting that the policy for preventing sexual contact between youth and between all staff and youth has been reviewed from the date of the initial certification and revised as appropriate and/or needed. If either policy has been revised, a copy of that policy shall be submitted.

(g) A completed OCAP, signed by the chief executive officer and the individual completing the application; and,

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

(E) Application review and approval

(1) Applications for initial program certification and recertification 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 a certificate 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 for a period of one year from the date specified and the board shall require that a new application be submitted after one year.

(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.

(F) Variances and waivers

(1) A program may submit a variance or waiver request to the board of any requirements imposed in paragraph (C) or (D) 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.

(G) Initial program certification

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

(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.

(3) After the initial two year period, programs must comply with the recertification process as defined in paragraph (D) of this rule.

(H) Program recertification

(1) Upon review and approval of an application for recertification, a certificate shall be issued to the program for a period up to two years.

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

(I) Revocation and termination of certification

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

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

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

(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 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 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 revocation or termination of certification is subject to appeal under Chapter 119. of the Revised Code.

(J) For cause survey

(1) A for cause survey shall be conducted for those programs who currently do not hold a license or certificate issued by the Ohio departments of alcohol and drug addiction services, job and family services, mental health and/or developmental disabilities or a national accrediting body; or, at the discretion of the board for cause.

(2) A for cause survey will review and examine agency policies, assessments, treatment plans, progress notes and other relevant information in accordance with rule 3139-69-03 of the Administrative Code at the location of the agency seeking initial or recertification or at the site where services are delivered if different.

(3) If the board determines the results of the for cause survey are complete and compliant, the program shall be notified in writing and an initial certificate issued.

(4) If the board determines the for cause survey to be incomplete or non-compliant, it shall notify the program of deficiencies in writing and identify a timeframe within which the program must correct the cited deficiencies.

The board shall not certify or recertify the program until the deficiencies have been corrected within the timeframe.

(K) 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: 08/13/2010

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

Promulgated Under: 119.03

Statutory Authority: 5139.04(D), 5139.04(H)

Rule Amplifies: 2950.16, 5139.34, 5139.41, 5139.43

Prior Effective Dates: 7/1/08

5139-69-03 Juvenile sex offender and child-victim offender treatment standards.

(A) The purpose of this rule is to set forth requirements for the assessment, treatment and transition of juvenile sex offenders and child-victim offenders. This rule applies to all programs seeking 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 and child-victim 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 as 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 is synonymous with “child”.

(4) “Child-victim offender” means a person who is convicted of, pleads guilty to, has been convicted of, has pleaded guilty to, is adjudicated a delinquent child for committing, or has been adjudicated a delinquent child for committing any child-victim oriented offense, pursuant to section 2950.01 of the Revised Code.

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

(6) “Continuing education” is the process through which staff become current concerning juvenile sex offender, child-victim offender treatment concepts and techniques, acquire new knowledge and skills relevant to their work, gain new competencies, or improve current competencies and skills by completion of approved and documented educational experiences.

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

(8) “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 2950.01 of the Ohio revised code.

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

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

(11) “Policy” means a set of basic principles and associated guidelines, formulated and enforced by the governing body of an organization, to direct and limit its action.

(12) “Program” means an entity that provides assessment, treatment, and/or transition services to juvenile sex offenders, child-victim offenders and/or youth with sexually abusive behaviors.

(13) “Qualified individual” means an individual licensed by the Ohio medical board; psychology board or counselor, social worker and marriage and family therapist board operating within his or her scope of practice.

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

(15) “Scope of practice” means formalized training, supervision and/or experience in juvenile sex offender and/or child-victim treatment.

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

(17) “Transition services” means service provided when a youth moves from one level of care to another or from one treatment location to another.

(18) “Treatment contract” means a document explained to and signed by a youth, his family, custodian, guardian 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.

(19) “Treatment plan” means a written statement(s) of treatment objectives and goals for an individual established by a treatment team, which includes the youth, his or her family, custodian or guardian when available, treatment provider and that includes specific criteria that indicates progress. Treatment plans shall identify problem areas to be addressed in treatment and treatment goals and objectives signed off by an independently licensed professional within the scope of their practice.

(20) “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 youth with sexually abusive behaviors and to reduce the risk of sexual reoffense or other sexually abusive and aggressive behavior.

(21) “Youth with sexually abusive behaviors” means a child who has been identified as engaging in behavior that could be defined as any sexual offense as defined in section 2950.01 of the Revised Code regardless if the youth was formally adjudicated of the behavior.

(1) Programs shall meet the certification application requirements identified in rule 5139-69-02 of the Administrative Code.

(2) Programs shall seek recertification after the initial two years and shall meet the recertification application requirements identified in rule 5139-69-02 of the Administrative Code.

(3) Programs shall have a written description of the theoretical basis for their services for juvenile sex offender, child-victim offender and youth with sexually abusive behavior treatment that encompasses the philosophy and methods of assessment, treatment and transition including the identification of specific intervention services and the qualified individuals to deliver and supervise those services.

(4) Programs shall have policies for preventing sexual contact between youth and between all staff and youth. The efficacy of these policies shall be reviewed at least annually and revised as appropriate. Any revision to the policies shall be filed with the board within thirty days of revision.

(5) Programs shall provide documentation of agency licensure, certification and/or accreditation and the board shall be notified immediately of any change in licensure or certification status.

(6) All programs seeking initial certification or recertification shall have policies and procedures, available on demand, regarding:

(a) Admission and discharge criteria;

(b) Confidentiality;

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

(e) Staff ratios;

(f) Reporting of suspected abuse and/or neglect and physical intervention by staff;

(g) Physical intervention by staff;

(h) Critical incident reporting and tracking;

(i) Program evaluation or performance improvement planning;

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

(k) A handbook/information 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 grievance process;

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

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

(n) Development and implementation of treatment contracts;

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

(p) Treatment goals and group size; and, (q) Youth compliance with SORN duties.

(D) Assessment

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

(2) Assessments are conducted by an independently licensed professional or a licensed professional operating within the scope of their practice and under supervision.

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

(a) Family history and dynamics;

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

(d) Social supports system;

(e) Criminal history/criminogenic factors;

(f) Educational history/vocational history;

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

(h) Behavioral health history and any treatment received;

(i) Medical history;

(j) Mental health status assessment;

(k) Aggression history;

(l) Sexual behavior/history;

(m) Cognitive assessment;

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

(i) Prior juvenile court history;

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

(o) Documents describing victim impact, when available;

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

(q) Documentation of any child welfare/protection investigations and case records when available.

(4) Assessment shall be updated after one year, prior to any changes in level of care, within thirty days of discharge or when clinically indicated, whichever is more frequent.

(E) Treatment

(1) Treatment shall be provided by qualified individuals acting within their scope of practice.

(2) Programs shall document that each of the following issues were considered when developing appropriate individualized treatment plans and are considered when determining discharge and transitions from the program:

(a) Youth commitment to eliminating pathological sexual behaviors;

(b) Family involvement and/or reintegration;

(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 future criminal sexual behavior;

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

(k) Developing healthy expression of sexuality; and,

(l) Trauma.

(3) 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 party responsible;

(iii) Target dates for goal attainment; and,

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

(4) Treatment contracts

(a) The treatment contract shall be explained in language understood by the youth and/or parent, custodian or guardian.

(b) The treatment contract shall identify:

(i) Responsibilities of the youth;

(ii) Responsibilities of the family, custodian, guardian;

(iii) Special requirements imposed by the juvenile court, probation, parole, public children’s services agency and/or ODYS;

(iv) Duties to register as a juvenile sex offender or child-victim offender and consequences for failure to register if applicable; and,

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

(5) Safety plan

(a) Safety plans shall identify risk factors and intervention strategies for an individual youth.

(b) Safety plans shall include specific organizations with whom this information shall be shared.

(F) Transition

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

(a) All offense details, police reports, victim statement, initial and ongoing assessments, documentation that treatment services, clinical records and the safety plan have been reviewed.

(b) A primary case manager is assigned who is a qualified individual 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 developmental disabilities services is assessed and referrals are made to community providers.

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

(e) An educational plan is established, transfer of records is complete, testing is up to date, and resource assistance is identified.

(f) Job or school 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, youth’s duties to register as a juvenile sex offender or child-victim offender are included in the transition plan.

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

(G) Clinical records/documentation

(1) Clinical records shall, at a minimum, be comprised of:

(a) Assessment results;

(b) Progress notes;

(d) Signed confidentiality waiver document;

(e) Signed treatment contracts;

(f) Individual treatment plans;

(g) Relevant medical records;

(h) Offense history;

(i) School records if applicable;

(j) Recommendations for community referral(s); and,

(k) Discharge or termination summary at discharge or termination form treatment program.

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

(3) Release of information documents must:

(a) Specify effective and ending dates;

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

(d) Document consent of the parent, custodian or guardian and the youth.

(4) Termination of treatment

(a) As a condition of planned, successful discharge from a treatment program, the program must document and inform the youth, custodian, guardian and/or supervisory agency, 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.

(c) The youth has aged out of the treatment program, reached maximum medical benefit or has been discharged before program completion.

Replaces: 5139-69-03

Effective: 08/13/2010

R.C. 119.032 review dates: 05/25/2015

Promulgated Under: 119.03

Statutory Authority: 5139.04(D), 5139.04(H)

Rule Amplifies: 2950.16, 5139.34, 5139.41, 5139.43

Prior Effective Dates: 7/1/08