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. .

(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) “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