This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 5101:2-9-02 | Staffing requirements.
(A) When children are present during
waking hours in a residential facility living unit, there shall be at least one
child care staff person for each ten children. Child care staff shall be on
duty providing supervision to children where two or more children are
congregated to ensure an appropriate level of supervision of all areas of the
facility considering the ages and functioning levels of children in
care. (B) Child care staff shall provide
supervision within sight or sound of the child or pursuant to the level of
supervision specified in the child's service plan. A child may be left
alone or unsupervised only in accordance with the service plan of that
child. (C) At least one child care staff person
for every five infants or toddlers shall be present in a residential parenting
facility to provide care and supervision to children in the absence of teenage
mothers. (D) A residential parenting facility
shall not permit a teenage mother to provide care or supervision to any child
other than her own in the absence of the child's mother or child care
staff. (E) A children's residential center
(CRC) or residential parenting facility shall have at least one awake child
care staff person in each living unit where children are present during
nighttime sleeping hours. (F) Staff members at a residential
facility shall not have overnight guests in the facility except for the
children of live in staff members, who have resided in the home and are under
the age of twenty-two. (G) In accordance with rule 5101:2-5-09.1
of the Administrative Code, a criminal records check shall be requested for
each person eighteen years of age or older that resides with the staff members
in a residential facility. (H) A JFS 01653 "Medical Statement
for Foster Care/Adoptive Applicant and All Household Members" shall be
completed for each person eighteen years of age or older that resides with the
staff members in a residential facility. (I) Children of staff members and children of residents living in
a residential facility shall be counted in all child care staff
ratios. (J) Each residential facility shall have a written work schedule
including provisions for use of relief staff, and a backup plan for emergency
relief staff. (K) A residential facility shall have at
least one child care staff on site who is: (1) Trained in the
reasonable and prudent parent standard as described in division (C) of section
5103.162 of the Revised Code. (2) Designated to make
decisions involving the participation of a child in age appropriate or
developmentally appropriate activities. (3) Designated to be the
caregiver authorized to apply the reasonable and prudent parent
standard. (L) All relief child care staff and emergency child care
staff of a residential facility shall meet the requirements of rules
5101:2-5-09 and 5101:2-9-03 of the Administrative Code. (M) Newly hired child care staff shall be given on-the-job
supervision and shall not be left unsupervised with residents until all of the
following requirements have been met: (1) The person has
completed the initial orientation required by rule 5101:2-9-03 of the
Administrative Code; (2) The person has
completed an additional twenty hours of the first year training required by
rule 5101:2-9-03 of the Administrative Code; (3) The person possesses a current
American red cross, American heart association or equivalent first aid and
cardiopulmonary resuscitation (CPR) certification. The CPR certification shall
be the type applicable to the age and size of the children able to be served in
the facility.
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Rule 5101:2-9-03 | Staff development and evaluation.
(A) A residential facility shall provide
each child care staff person with a minimum of twenty hours of orientation
within the first thirty days after the date of hire. The training required by
this paragraph may be conducted outside the residential facility. Regular
ongoing duties of an employee, including casework supervision and consultation,
shall not be counted toward the requirements of this paragraph. (1) If a training is
conducted outside the residential facility, the training shall include a
transfer of learning component prior to or following the training. (2) The transfer of
learning component may include a pretest, a posttest, or a discussion following
the training. (B) Each child care staff person shall
receive an additional thirty-two hours of training during the first year of
employment. This requirement shall result in each child care staff person
receiving a minimum of fifty-two hours of training during the first twelve
months of employment. The training required by this paragraph may be conducted
outside the residential facility. Regular ongoing duties of an employee, under
the supervision of child care staff who have met all of their training
requirements, including casework supervision and consultation, shall not exceed
fifty per cent of the requirements of this paragraph. (1) If a training is
conducted outside the residential facility, the training shall include a
transfer of learning component prior to or following the training. (2) The transfer of
learning component may include a pretest, a posttest, or a discussion following
the training. (C) If an agency requires more than
twenty hours of initial orientation, the additional hours may be counted toward
the total number of hours required by paragraph (B) of this rule. (D) Following the completion of the
training as required by paragraphs (A) and (B) of this rule, each child care
staff person shall receive at least twenty-four hours of annual training
related to agency policy, procedure, rules and the population that the agency
serves. The training shall include documentation of the transfer of learning
components addressed in paragraphs (A) and (B) of this rule. Regular ongoing
duties of an employee, including casework supervision and consultation, shall
not be counted toward the requirements of this paragraph. (E) If a child care staff person is or
will be providing care for a youth at least fourteen years of age, the person
shall be prepared adequately with the appropriate knowledge and skills to
understand and address the issues confronting adolescents preparing for
independent living, and provide such services as are needed and appropriate. To
the extent possible, such services shall be coordinated with the life skills
services required to be provided by rule 5101:2-42-19 of the Administrative
Code. (F) If a child care staff person is separated from employment
from the agency and returns to work with the agency, the employee shall not be
required to complete the new orientation training requirements of paragraph (A)
of this rule if the employee returns to work with the agency within one year
from the date the employee separated employment. (G) A child care staff person may still be allowed to work if the
employee was not able to meet the continuing training requirements due to any
of the following: (1) Extended
leave. (2) Separation of
employment for less than one year. (3) Extended
illness. (4) Critical
emergencies. (5) Cancellation of
training classes. (H) If a child care staff person fails to complete their
continuing training timely: (1) The employee shall
not be left alone with residents until all of the incomplete training hours are
met. (2) The record shall
contain documentation of the reason the training hours were not
met. (3) The employee shall
complete the missed training within sixty days of returning to
work. (4) The employee is
responsible for completing their ongoing annual continuing training in addition
to any training they failed to complete. (I) Initial orientation of new child care staff pursuant to
paragraph (A) of this rule shall include, but not be limited to: (1) Familiarization of
the employee with emergency and safety procedures of the residential
facility. (2) The principles and
practices of child care. (3) Administrative
structure, procedures, and overall program goals of the residential
facility. (4) The trauma informed approach
implemented by the agency as required by rule 5101:2-9-42 of the Administrative
Code, if the individual does not have a current "Level 2 Trauma
Informed" or "Level 3 Trauma Competent"
certificate. (5) Appropriate techniques of behavior
management. (6) Techniques and methodologies of
crisis management including acceptable physical restraint or acceptable
alternatives to restraint, if restraint is prohibited. (7) Familiarization of the employee with
the discipline policy restrictions outlined in rule 5101:2-9-21 of the
Administrative Code, the discipline and behavior intervention policy required
by rule 5101:2-5-13 of the Administrative Code, and any additional requirements
the agency may have. (8) Procedures for reporting suspected
child abuse or neglect pursuant to section 2151.421 of the Revised
Code. (9) The emergency medical plan of the
residential facility. (10) Universal precautions. (11) If a child care staff person will be
providing care for a youth at least fourteen years of age, the person shall be
prepared adequately with the appropriate knowledge and skills to understand and
address the issues confronting adolescents preparing for independent living,
and provide such services as are needed and appropriate. To the extent
possible, such services shall be coordinated with the life skill services
required to be provided by rule 5101:2-42-19 of the Administrative
Code. (12) A review of Chapter 5101:2-9 of the
Administrative Code as applicable to the functions of the agency. (13) The implementation of the community
engagement plan as described in division (B) of section 5103.051 of the Revised
Code. (14) The procedures for responding to
incidents involving a child at the facility and neighbors or the police as
described in division (B) of section 5103.051 of the Revised Code. (15) The reasonable and prudent parent
standard as described in division (C) of section 5103.162 of the Revised
Code. (J) Each residential facility shall assure that all child care
staff hired possess a current American red cross, American heart association,
or equivalent first aid and cardiopulmonary resuscitation (CPR) certification
at the time of hire or within six months following the date of hire. Child care
staff of a group home or children's residential center shall be certified
in the type applicable to the age and size of the children to be served in the
facility. Child care staff of a residential parenting facility and a
children's crisis care facility shall be certified in infant, adult and
child CPR. The first aid and CPR certifications shall be maintained current at
all times unless the employee meets one of the following
exceptions: (1) Extended
leave. (2) Separation of
employment for less than one year. (3) Extended
illness. (4) Critical
emergencies. (5) Cancellation of
training classes. (K) A child care staff person shall not be permitted to work with
children without another child care staff who is current on all first aid and
CPR training and who is present at all times. If a child care staff
person's first aid and CPR certification has been expired for more than
ninety days, the staff member shall not be permitted to work in the facility
without the required certification. (L) There shall be at least one staff person with first aid and
CPR certification on duty at all times in a living unit. (M) Each residential facility shall document the completion of
the training activities required by this rule in the personnel record
maintained pursuant to rule 5101:2-5-09 of the Administrative
Code. (N) Physical restraint of a child shall only be utilized by a
child care staff person who has received specific training and annual review in
acceptable methods of restraint. Documentation of such training shall be
contained in the employee's personnel record. (O) If the facility revises any policy pertaining to children or
child care staff, the child care staff shall receive training on the policy
within thirty days of the revision. (P) If a residential facility has a policy prohibiting the use of
physical restraint, the facility shall complete annual training for all child
care staff in acceptable alternatives to restraint. (Q) If a residential facility has a policy allowing the use of
physical restraint, the facility shall complete annual training in acceptable
methods of restraint for the child care staff. (R) Physical restraint may be used by child care staff
only: (1) For self
protection. (2) For protection of the
child from imminent harm. (3) To protect another
person from the child. (S) Child care staff shall use only the least restrictive
physical restraint necessary to control a situation. (T) Each residential facility is to
ensure completion of initial and annual training for all employees, volunteers,
and independent contractors within the facility in trauma-informed care, or the
individual must have a current "Level 2 Trauma Informed" or
"Level 3 Trauma Competent" certificate.
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Rule 5101:2-9-04 | General maintenance of a residential facility.
Effective:
November 1, 2013
(A) All structures, grounds, furnishings or equipment used by or located on the grounds of a residential facility shall be continually maintained in good repair and in clean condition. (B) All rooms, corridors, and stairways inside a residential facility shall be equipped with operable electric illumination. (C) Each residential facility shall have working exterior electrical illumination for operable entrances and stairways to occupied buildings. (D) A residential facility shall have a continuous supply of clean drinking water. If the residential facility's water supply is not obtained from a municipal water supply, a water district water supply or a vendor of bottled water, the facility's water supply shall be tested and approved by a municipal or county health department or by the Ohio department of health prior to initial certification or recertification. A residential facility shall not be certified or recertified without an approved water source.
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Rule 5101:2-9-05 | Requirements for residential parenting facility and crisis care facility furniture, materials and equipment; diaper changing.
Effective:
February 1, 2020
(A) All equipment, materials, and
furniture in a residential parenting facility and crisis care facility shall be
sturdy and safe, easy to clean and maintain, and free of sharp points or
corners, splinters, protruding nails, loose or rusty parts or other hazardous
features. (B) Toys or other materials small enough
to be swallowed by an infant or toddler shall be kept out of their
reach. (C) Cleaning equipment, cleaning agents,
aerosol cans, or other chemical substances shall be stored in the original
containers or clearly labeled, and not accessible to children. Items shall be
locked in a cabinet, drawer or room when not in use. (D) Stationary outdoor recreational
equipment including, but not limited to, climbing gyms, swings or slides shall
be securely anchored. (E) Lawn mowers, hedge clippers and other
similar machinery shall not be used in an outdoor play area when a child is
present in the play area. (F) A tile floor, concrete, asphalt, or
other hard surface under any indoor or outdoor climbing apparatus shall be
covered by a cushioned protective surface, such as, but not limited to, mats,
mulch, sand or wood chips. (G) Wading pools shall be stored or shall
not be accessible to children when not in use. When any child is in a wading or
swimming pool, the child's mother and/or child care staff of the facility
shall be present to supervise the child. (H) All electrical outlets within reach
of an infant or toddler shall have protective coverings when not in
use. (I) Toilets and sinks shall be of
suitable height for use by a child or shall have a sturdy portable platform on
which a child may stand. (J) Potty chairs shall not be located in
areas used for food preparation or serving. Potty chairs shall be emptied,
washed, rinsed and disinfected after each use. (K) Toilets shall be disinfected at least
once daily or more often as needed using an appropriate germicidal
agent. (L) Washable equipment and furniture
shall be cleaned with soap and water at least once per month. Any item soiled
during daily use with, but not limited to, blood, vomit, feces, urine and
spills shall immediately be cleaned with soap and water and disinfected with an
appropriate germicidal agent. Toys and other items placed in a child's
mouth shall be cleaned thoroughly and disinfected with an appropriate
germicidal solution and rinsed with water at least daily and immediately if
soiled with blood, feces, urine or vomit. (M) Changing diapers for all non-toilet
trained children in a residential parenting facility or crisis care facility
shall be handled in conformity with the following methods: (1) Changing of diapers
for all non-toilet trained children shall occur in a space that has a hand
washing facility. (2) Hands of the person
caring for the child shall be washed with soap and water before and after each
diaper change. (3) When a central diaper
changing station is used, there shall be a disposable separation material, that
acts as a barrier placed between the child and the changing surface, which is
discarded after each use. (4) Any product used
during diapering, which is used on more than one child, shall be used so that
the container does not touch the child. Any product obtained from a common
container shall be removed and applied in such a manner so as not to
contaminate the product or its container. Common containers shall be cleaned
and sanitized after each use. (5) Storage and
laundering of soiled diapers shall be handled in accordance with the following
methods: (a) Soiled diapers shall be disposed of in a plastic
lined-receptacle that prevents hand contamination. The receptacle shall be
covered or otherwise enclosed and be inaccessible to children. These containers
shall be emptied, cleaned and sanitized at least daily, or more frequently as
needed to eliminate odor. (b) Soiled diapers to be laundered shall be stored in an
appropriate germicidal solution, out of the reach of children, until laundered.
Diapers to be laundered shall be held for laundering for no longer than one
day.
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Rule 5101:2-9-06 | General safety.
(A) No residential facility shall
maintain any explosives, pyrotechnics, firearms, chemical weapons, or other
similar device or substance anywhere on the grounds of the
facility. (B) No residential facility shall permit
any staff person, child, or security personnel to bear any firearm, chemical
weapon, or other weapon or similar device while such person is anywhere on the
grounds of the facility or on duty. Nothing in this paragraph shall be
construed as prohibiting law enforcement authorities from bearing arms when
they are present at the residential facility in conjunction with their official
responsibilities. (C) A residential facility is to be free
of peeling or chipping paint. If a potential lead hazard is identified, the
Ohio department of job and family services (ODJFS) is to make a referral to the
appropriate agency. (D) All porches and patios more than thirty-six inches
above ground level, elevated walkways, and elevated play areas on the grounds
of a residential facility shall be enclosed with barriers designed to prevent
falls. (E) All workshop or outdoor power-driven equipment used by
a residential facility shall be maintained and operated in accordance with
manufacturer's instructions. Such equipment may be used by children as
permitted by law but only when under the supervision of a staff
person. (F) Smoking shall not be permitted in the presence of a
child. If a residential facility permits smoking, the facility shall allow
smoking only in an outdoor designated area. In the designated smoking area
there shall be a proper smoking waste receptacle for collection of waste. All
employees who engage in smoking shall wash their hands when they reenter the
facility. There shall be no smoking in vehicles while transporting children of
the facility. (G) All stairways accessible to children within or on the
grounds of a residential facility which contain more than four steps shall be
equipped with a railing. In addition, any facility which is a residential
parenting facility or crisis care facility shall guard all stairways accessible
to children with a safety gate. (H) Outdoor areas on the grounds of or immediately adjacent
to a residential facility which are potentially hazardous to residents shall be
safeguarded considering the age and functioning level of the
residents. (I) Each residential facility shall document that all
swimming pools maintained by the facility comply with the requirements of any
local or state codes. (J) Pets or other domesticated animals in or on the
premises of a residential facility shall be kept in a safe and sanitary manner
in accordance with state and local laws. Pet vaccinations shall be maintained
current at all times. (K) All children or teenage mothers residing at a
residential facility shall be protected from animals in or on the premises of
the facility which are potentially dangerous to their health and
safety. (L) Door locks: (1) All locks on at least
one door to any room or storage area in which a child could be confined in a
residential facility shall be of the type which permit the door to be unlocked
from either side of the door and be unlocked from the inside of the room or
storage area without a key. (2) Doors on the grounds
of a residential facility that do not need a lock that can be unlocked from
either side of the door are: (a) A separate entrance to a portion of the residential facility
such as a cellar, basement or outside storage room that is not accessible from
within the residential facility. (b) A separate building such as a garage, barn or storage shed on
the grounds of a residential facility. (c) Keys to these type of doors shall be kept in a place
accessible only to staff of the facility. (M) All doors on toilet stalls and bathtub or shower stalls
used by children in a residential facility shall be of the type which permit
the door to be unlatched from either side of the door unless the stall is of
such construction as to permit emergency access by climbing over or crawling
under the partitions. (N) Each residential facility which maintains any
poisonous, toxic, or flammable materials and substances for any purpose on the
grounds of the facility shall maintain all such substances in locked storage
areas and according to the manufacturer's instructions. (O) Stationary or portable outdoor recreational equipment
designated for climbing, and swings and slides shall be anchored or stable. All
recreational equipment shall be appropriate to the age and functioning level of
the residents. (P) Outdoor recreational equipment designated for climbing,
and swings and slides shall be surrounded by a protective, resilient surface
that meets the following requirements: (1) Fall zones shall have
a protective resilient material on the ground under and around the
equipment. (2) The material shall
be, but not limited to, washed pea gravel, mulch, sand, wood chips, synthetic
material such as rubber mats or tiles manufactured for this purpose. Synthetic
surfaces shall follow manufacturer's guidelines for depth. (3) Equipment shall not
be placed over grass, concrete, asphalt, blacktop, dirt, rocks, or any hard
surface. (4) Any loose-fill
particulate impact absorbing material under and around recreational equipment
shall be checked at least monthly for packing, and shall be turned over or
raked up to increase the resilience capability.
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Rule 5101:2-9-07 | Emergency planning and preparedness.
Effective:
November 1, 2013
(A) Each residential facility shall develop and implement a set of written procedures for staff and residents to follow in emergencies and disasters. These procedures shall be developed in consultation with, and approved by, a local or state fire inspector, and shall include specific instructions and procedures for the evacuation of buildings, the assignment of staff during emergencies, and a contingency plan for the care of residents who have been evacuated. If the residential facility cares for children who are physically or emotionally handicapped, the facility emergency procedures shall further include specific instructions as to the evacuation of these children. (B) Each residential facility shall ensure that all staff and children are familiar with its emergency procedures. (C) Each residential facility shall, in consultation with state or local fire personnel, develop, and implement, a calendar of periodic fire drills and emergency evacuations at varying times and shifts. A log of all such drills or evacuations shall be maintained. The evacuation plan shall be approved by a fire inspector and clearly posted in each facility so that it may be easily seen by all children . Fire drills shall occur at least once each month or in accordance with the calendar of periodic drills developed with fire personnel.
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Rule 5101:2-9-08 | Fire safety.
Effective:
February 1, 2020
(A) A residential facility shall secure a
JFS 01200 "Fire Inspection Report Child Care Facilities Licensed/Certified
by the Ohio Department of Job and Family Services" (rev. 02/2015) fire
safety approval or other form used for a local or state fire inspection in each
of the following instances: (1) Within six months
prior to initial certification. (2) At the time of any
major modification or alteration of any existing structure, unless the
structure will no longer be in use and is inaccessible to
children. (3) Not more than twelve
months following the date of the previous inspection. (B) A residential facility shall not be
certified or recertified without an approved fire safety inspection obtained
pursuant to paragraph (A) of this rule. (C) All fire safety approvals shall be
secured from the state fire marshal or from a township or municipal fire
department which has personnel certified to inspect and approve the fire and
building code use group applicable to the residential facility. (D) Each residential facility shall have
smoke detectors located according to instructions of the local fire safety
inspector or state fire marshal. (E) Each smoke detector located in a
residential facility shall be tested at least twice annually at regularly
spaced intervals. Such testing shall be documented in a log which indicates the
date of the test, the results, and action taken if the result of the test
indicated that the smoke detector was inoperable or malfunctioning. If the
facility has a combined smoke detector and fire alarm system a fire alarm
inspection shall be conducted by a company approved to test such equipment at
least twice annually at regularly spaced intervals or approved by local or
state fire inspector. The facility shall obtain annual alarm system testing and
shall have documentation of testing. (F) Each residential facility shall have
fire extinguishers in specific locations as required by the certified fire
inspector. Fire extinguishers shall be inspected as required by the fire
inspector and documentation maintained. (G) No residential facility shall allow candles to be burned in
sleeping areas. (H) Free-standing wood-burning stoves and unvented heaters that
burn kerosene, gas or oil shall not be used in a residential
facility. (I) Portable heaters may be used and
maintained in accordance with manufacturer's instructions, if the heater
has been approved by the underwriter's laboratory, and are not prohibited
by any local or state ordinances or fire inspector.
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Rule 5101:2-9-09 | Emergency medical plan and first aid supplies.
Effective:
November 1, 2013
(A) A residential facility shall have a written medical emergency plan which shall include: (1) Current emergency telephone numbers for fire, emergency squad, police, poison control, and security services. (2) Locations of first aid supplies. (a) There shall be first aid supplies in each residential living unit, in each building used for physical recreation and in each vehicle used, owned, leased or rented by the residential facility to transport children. (b) All first aid supplies shall be stored in closed containers and shall be accessible to staff at all times. (3) General instructions for medical emergencies including supervision of children during the emergency. (4) General instructions in case of illness of a child. (B) A residential facility shall document that each employee is trained in implementation of the emergency medical plan. (C) A copy of the emergency medical plan shall be accessible at all times to staff working with children.
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Rule 5101:2-9-10 | Storage of hazardous materials.
Effective:
February 1, 2020
(A) Each residential facility shall
maintain onsite only those poisonous, toxic, or flammable materials and
substances that are used to maintain the residential facility. (B) Poisonous and toxic materials and
substances shall be: (1) Stored in accordance with the manufacturer's
storage instructions in locked storage spaces separate and apart from
food. (2) Clearly labeled. (C) In cases where poisonous and toxic materials are
transferred from their original containers to substitute containers, the
substitute containers shall be clearly labeled as to their contents. Keys to
storage spaces shall be available only to authorized staff. (D) Laundry supplies, except bleach, may be stored in an
unlocked storage space separate and apart from food. (E) Flammable substances shall be stored and vented in
accordance with the manufacturer's instructions in addition to any
instructions of the local or state fire inspector.
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Rule 5101:2-9-11 | Admissions and admissions log.
Effective:
February 1, 2020
(A) A residential facility shall develop
a written admissions policy specifying the type of child who will be accepted
into the facility and the conditions under which a child would not be accepted.
A residential facility shall not accept into care any child who does not meet
the facility's policy or the facility's certified capacity, age and
gender criteria. No residential facility shall admit adults as residents into
the facility. (B) A facility may admit a specific child
who does not meet the agency's age limitation policy if the facility, in
conjunction with a court, determines it will be able to meet the child's
needs and the placement will not have a detrimental effect on the current
population of children specified in the agency's policy. (C) If a current resident of the facility
reaches age eighteen and is expected to graduate by his or her nineteenth
birthday, the facility may allow the resident to remain as a resident until
graduation. (D) A residential facility shall not admit any child under the
age of six years except: (1) If the child is at
least four years of age and is part of a sibling group being admitted to the
residential facility where at least one of the members of the sibling group is
six years of age or older. Placement of such child under the age of six years
shall not exceed fourteen days. (2) If the child is the
child of a teenage mother being admitted with the child's parent to a
residential parenting facility. (3) If the child is
admitted into a children's crisis care facility in accordance with rule
5101:2-9-36 of the Administrative Code. (E) A residential facility shall have a written individual
child care agreement for each child, as required by rule 5101:2-42-90 of the
Administrative Code, with the person or agency holding custody of the child. A
written individual child care agreement shall also be executed for each child
of a teenage mother placed in a residential parenting facility with the person
or agency holding custody of the child. (F) A residential facility shall, in the child's
record, maintain documentation that the agency requested a copy of each
child's individual child care agreement executed between the custodial
agency and the residential facility. If the custodial agency provided a
child's individual child care agreement, the residential facility shall
maintain a copy of the agreement in the child's file. (G) No residential facility shall exceed its certified
capacity. (H) Each residential facility shall maintain a separate
admissions log which shall include the name of each child admitted, the date of
admission, the child's date of birth, and the date of discharge. Such
information shall also be recorded on the admissions log for a child of a
teenage mother admitted to a residential parenting facility. (I) A residential facility shall document prior to or at
the time of admission, a physical description of each child, any available
medical information, the name, phone number and address of the custodial agency
or custodian placing the child, the reason for placement, the name of the
person who transported the child to the residential facility and the name of
the agency with which the person transporting the child is affiliated, if any.
The facility's record for the child shall also indicate, when applicable,
the name of the placing agency contact person for the child.
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Rule 5101:2-9-12 | Service plans.
Effective:
February 1, 2020
(A) The service plan shall be developed
in writing and approved within thirty days before or after a child's or
teenage mother's admission to the residential facility. (1) The following shall
be invited to be involved in the development and implementation of the service
plan: (a) The child as appropriate to age and functioning
level. (b) The individual or agency that placed the child. (c) The guardian ad litem and probation officer if
applicable. (d) Staff members who provide direct care, counseling, group
work, recreation, education and health services and other service providers if
applicable. (2) The service plan
shall receive written approval by at least one of the following: (a) A licensed social worker. (b) A licensed independent social worker. (c) A licensed professional counselor. (d) A licensed professional clinical counselor. (e) A civil service employee engaging in social work or
professional counseling for a residential facility operated by a public
children services agency (PCSA) or a local public entity (LPE) as described in
rule 5101:2-5-02 of the Adminstrative Code. If a civil service employee is not
a licensed social worker or licensed counselor, the employee shall not approve
service plans for any other facility except a residential facility operated by
the PCSA they are employed with. (B) The service plan shall, at a minimum,
contain: (1) A statement of goals
and objectives the placement is designed to achieve including the timeframe for
meeting the placement goals and objectives. (2) A statement of the
placement plans upon discharge. (3) A description of
educational, counseling, recreational, vocational, religious and health care
activities or services that will be provided to the child by the residential
facility. (4) A description of any
specialized services that will be provided or arranged. (5) Frequency of progress
reports to be provided to the individual or agency having custody which placed
the child. (6) Specifications for
visitation between the child or teenage mother and family or friends, pursuant
to rule 5101:2-9-16 of the Administrative Code. (7) A behavior
intervention plan that shall identify each behavioral management technique to
be used with the child and the techniques that are contraindicated based upon
the child's medical, psychological or developmental history. Behavioral
management techniques selected shall be based, at a minimum, upon the following
considerations: (a) The age, size and developmental level of the
child. (b) The nature, pattern, and number of complaints or adjudicated
felonies against the child. (c) The previous placement history of the child (absences without
leave, disciplinary problems). (d) An assessment completed by a certified or licensed health
care professional that documents whether there are medical contraindications to
the use of specific behavior management interventions or behavior management
techniques. (e) An assessment completed by a certified or licensed
practitioner of behavioral science that documents whether there are
psychological or developmental contraindications to the use of specific
behavior management interventions or behavior management
techniques. (8) Specifications for
supervision of the child. (C) Service plan reviews: (1) The first service
plan review shall be completed no later than ninety days after the initial
service plan approval pursuant to paragraph (A) of this rule, all individuals
involved in the development and implementation of a service plan shall be
invited to review the entire plan and, in consultation with the individual or
agency having custody of the child, make any necessary amendments to the
service plan. (2) For all subsequent
reviews, the facility shall invite all individuals involved in the development
and implementation of the service plan and the plan shall be completed no later
than ninety days after the most recent review. (3) The reviews shall be
documented in the case record, and shall include an assessment of the current
adjustment of each child and a determination of whether the child should remain
in the facility. (4) Each review shall
receive written approval by a licensed social worker, licensed independent
social worker, licensed professional counselor, licensed professional clinical
counselor, or a civil service employee engaging in social work or professional
counseling for a residential facility operated by a PCSA or an LPE.
(5) If a civil service
employee is not a licensed social worker or licensed counselor, the employee
shall not approve service plans for any other facility except a residential
facility operated by the PCSA they are employed with. (D) A residential facility shall provide
a written copy of the service plan and service plan review to the individual or
agency that placed the child. The residential facility shall document that the
service plan and service plan review was provided to the individual or agency
that placed the child.
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Rule 5101:2-9-14 | Medications.
Effective:
February 1, 2020
(A) Upon admission to a residential
facility the staff of the facility shall document any currently prescribed
medications for the child in accordance with rule 5101:2-42-66.2 of the
Administrative Code. (B) In consultation with the child's
licensed health professional authorized to prescribe drugs, staff of each
residential facility shall document each child's current regimen of
medication: (1) At the time of each
semi-annual administrative case review. (2) As often as directed
and authorized by the child's licensed health professional authorized to
prescribe drugs. A "licensed health professional authorized to prescribe
drugs" has the same meaning as defined in section 4729.01 of the Revised
Code. (C) A residential facility shall only
make adjustments to the regimen of medication as authorized by the licensed
health professional authorized to prescribe drugs. (D) In no event shall staff of a
residential facility begin, alter, or suspend a child's or teenage
mother's medication without the documented verbal or written approval of a
licensed health professional authorized to prescribe drugs. (E) If a child misses dosages of the
medication: (1) For less than a
forty-eight hour period, staff of the residential facility shall follow the
instructions of the licensed health professional authorized to prescribe drugs
or the pharmacy that filled the prescription before restarting the
medication. (2) For longer than a
forty-eight hour period, staff of the residential facility shall contact the
licensed health professional authorized to prescribe drugs or the pharmacist
that filled the prescription and obtain written instruction on how to restart
the medication. (F) Each staff person who is in any way responsible for
administering medication to a child shall be provided with a written schedule
of the child's medication. This schedule shall be maintained in each
child's case record as required by rule 5101:2-5-10 of the Administrative
Code and shall include, but is not limited to, the following instructions and
information: (1) The name of the
child. (2) The name of each
medication to be administered. (3) The proper dosage of
each medication to be administered. (4) The timetable for
administration of medication. (5) Instructions
regarding administration of medication. (6) Information
concerning possible side effects of each medication as indicated by a
physician, pharmacist or a licensed health professional authorized to prescribe
drugs. (G) No child shall be given any prescription medication
which has not been prescribed for the child. (H) Each residential facility shall maintain a written
cumulative record of all prescribed medication administered to a child during
placement in the facility. The current record shall be located with the
medication and shall reflect reasons for altered or missed dosages of
prescribed medications. (I) All medication in a residential facility shall be
stored in a safe place away from children except that an inhaler or other
medication may be available to a person with a special health condition, who
may need these for an emergency.
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Rule 5101:2-9-15 | Residential facility handbook for residents and their families.
Effective:
November 1, 2013
(A) A residential facility shall have a handbook for residents and their families. This handbook shall be written in simple language and shall summarize the information included in the residential facility statement of purpose and program. In addition the handbook shall contain, but is not limited to: (1) Regulations for residents. (2) Visiting hours and visitation and communication policies pursuant to rule 5101:2-5-13 of the Administrative Code. (3) The role and responsibility of the family in the care and treatment of the child. (4) A complaint procedure for the resident and family pursuant to rule 5101:2-9-24 of the Administrative Code. (5) An explanation of the procedure to report alleged child abuse or neglect to the local PCSA or law enforcement agency. (6) A list of children's rights pursuant to rule 5101:2-5-35 of the Administrative Code. (B) A residential facility shall provide the handbook to the custodial agency, custodial parent or guardian of a resident and to each resident. The residential facility shall explain the contents of the handbook to the resident not later than three days after admission, according to the age and functioning level of the resident. The residential facility shall document the handbook was provided and explained in the child's case record. (C) Any revisions to the handbook shall be provided to the custodial agency, custodial parent or guardian of a resident and to each resident in writing no later than fourteen days after the revision.
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Rule 5101:2-9-16 | Visiting and communications.
Effective:
February 1, 2020
(A) A residential facility shall develop
procedures to ensure that arrangements for visitation and communication between
the child and family or friends are consistent with the case plan and that such
arrangements are documented in the service plan. (B) A residential facility shall allow a
child to send and receive mail subject only to the residential facility's
rules regarding contraband and directives from the child's legal custodian
when such rules and directives do not conflict with federal postal regulations.
A residential facility shall not open or read a child's mail unless
specified in the child's case plan and/or service plan and approved by the
child's custodian. A residential facility may require the child to open
mail in front of a staff person if contraband is suspected and empty the
package or envelope. (C) A residential facility shall, in
accordance with the service plan, allow a child access to a telephone which
will permit the child to make and receive calls. (D) A residential facility shall, in
accordance with the service plan, provide privacy for visits and telephone
contacts. (E) A residential facility shall allow
each child the opportunity to contact his or her attorney, caseworker,
custodial agency worker, probation officer, court appointed special advocate
(CASA) and guardian ad litem, by telephone or at the facility, in private, no
later than twenty-four hours after the request is made by the child. If a child
has a disability, the child shall have the opportunity to contact the state
protection and advocacy organization. (F) A residential facility shall
designate space, which is not space in which children live, to serve as an area
for private discussions and counseling sessions between children and
staff. (G) A residential facility shall ensure
that a child who has access to electronic media within or outside of the
facility while under the supervision of agency staff, which may include
internet, cell phones and e-mail service, adheres to the agency's policy
regarding communications.
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Rule 5101:2-9-17 | Child's money.
Effective:
February 1, 2020
(A) Any money provided to or earned by a
child shall be considered to be the child's money and not funds belonging
to the staff or the residential facility. (B) A residential facility shall ensure
that any child having the opportunity to receive or earn money has an account
either at an established financial institution or in the residential facility
for the safe keeping of such money. (C) If the account is maintained at the
residential facility: (1) A written record of
the current balance, deposits, withdrawals, and any interest earned shall be
provided upon request. (2) At least every three
months or at the time of discharge a written report of the current balance,
deposits, withdrawals, and any interest earned shall be provided to the
child. (3) A copy of the written
report shall be maintained in the child's record. (D) A residential facility may issue credit script to
children, in lieu of legal tender, for use within the facility. (E) Funds belonging to a child kept at or by the facility
shall be returned to the child: (1) At the time of a planned discharge. (2) Within ten days if the discharge is not
planned. (F) A residential facility shall not charge a resident for
an item required to be provided to the resident as required in Chapter 5101:2-9
of the Administrative Code unless the resident is learning life skills as part
of an independent living program pursuant to rules 5101:2-42-19 and
5101:2-42-19.1 of the Administrative Code.
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Rule 5101:2-9-18 | Recreation and leisure activities and equipment.
Effective:
November 1, 2013
(A) A residential facility shall have a recreational program and make available recreational equipment and activities sufficient to implement its recreational program. All recreational equipment necessary for the implementation of the recreation program shall be maintained in a safe and usable condition. (B) A residential facility shall make available in each living unit within the facility, leisure-time equipment appropriate to the age, sex and developmental stage of the children housed in each residential unit. (C) A residential facility shall have a written plan for supervising organized or structured group activities. All off site activities shall comply with rule 5101:2-9-02 of the Administrative Code. (D) A residential facility shall permit the children to swim only when a person who has completed training in lifesaving or water safety is present.
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Rule 5101:2-9-19 | Personal belongings, hygiene, socialization, and education.
Effective:
February 1, 2020
(A) A residential facility shall allow
children in care to: (1) Acquire personal
belongings. (2) Bring personal
belongings with them. (3) Decorate bedrooms
consistent with the limitations established by the residential facility and
considering: (a) The developmental stage of the child. (b) The child's social, racial, cultural, religious,
or ethnic background. (B) Nothing in this rule shall be
construed as preventing a residential facility from: (1) Supervising the use
of a child's personal property. (2) Confiscating any
items which: (a) Pose a clear health or safety risk. (b) Interfere with the rights or privileges of
others. (c) Are illegal to possess as a matter of state law or
local ordinance. (C) An agency shall make reasonable
efforts to have the child present during a search of the child's personal
belongings. (D) A residential facility shall provide each child, in
cooperation with the individual or agency holding custody of the child, with
clothing and footwear which is clean, well-fitting, and seasonal. Clothing
provided to a child shall be considered to be a child's personal
property. (E) Clothing provided by a residential facility shall be
appropriate to the child's age and gender identity. (F) A residential facility shall provide each child with
adequate personal toiletry supplies. These supplies shall be appropriate to the
child's age, gender identity, race, and cultural background and shall be
considered to be the child's personal property. (G) A residential facility shall provide instruction on
good habits of personal care, hygiene, and grooming. This instruction shall be
appropriate to each child's age, gender identity, race, cultural
background, and need for training. (H) A residential facility may assign a child daily tasks
and work assignments on the grounds of or within the facility. Such assignments
shall be of the type normally performed by a child and shall not be beyond the
child's developmental ability to perform. (I) Daily tasks and work assignments made pursuant to
paragraph (H) of this rule shall not place the child in physical danger and
shall not interfere with the child's studies, normal social development,
or child care responsibilities of a teenage mother. (J) A residential facility shall make arrangements with the
person or agency placing a child for each school-age child to attend a school
that complies with the minimum standards as prescribed by the state board of
education and shall ensure that the child attends school in accordance with the
child care agreement. (K) In accordance with the child's service plan, a
residential facility shall encourage a child to participate in community,
school, recreational, and cultural heritage activities which are appropriate to
the child's age and functioning level and shall, as is necessary and
reasonable, arrange appropriate transportation for the child to and from such
activities. (L) A residential facility shall permit a child to practice
the chosen religious faith of the child or his or her parent(s) and shall not
subject a child to any form of religious coercion. (M) A child shall not be baptized or submitted to any
religious procedures without prior consent of the child according to their age
and functioning level and prior approval of the child's parent, guardian
or custodian. (N) A residential facility shall, as appropriate, teach a
child tasks and skills required for life in the community. (O) In accordance with section 5103.162
of the Revised Code, child care staff shall use the reasonable and prudent
parent standard when considering whether to authorize a child who resides in
the residential facility to participate in extracurricular, enrichment, and
social activities in accordance with section 2151.315 of the Revised
Code.
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Rule 5101:2-9-20 | Food and nutrition.
Effective:
February 1, 2020
(A) A residential facility shall make
available or make provision for each child to have available three nutritious
meals per day scheduled at regular intervals. If more than four hours elapse
between any two meals or if fourteen hours elapse between the evening meal and
breakfast, a nutritious snack shall be served. (B) The resident's daily allowance
of food shall meet the most recent dietary guidelines for Americans published
by the food and nutrition information center of the United States department of
agriculture (USDA). The most current guidelines can be accessed at
https://health.gov/dietaryguidelines/2015/guidelines/ (2015). (C) All meats served by the facility
subject to inspection shall be inspected and graded by the federal or state
department of agriculture. (D) A minimum of three daily servings of
pasteurized milk, vitamin D fortified, shall be provided or made available in
recommended amounts according to each child's age and sex. (E) A residential facility shall document
that all agricultural, livestock, or dairy operations maintained by the
facility conform to all applicable regulations adopted by the department of
agriculture and the department of health. (F) Each children's residential
center (CRC) shall prepare menus at least one week in advance. Cycle menus, if
used, shall be at least three weeks long. (G) A residential facility shall not
interfere with documented medical dietary restrictions or religious dietary
restrictions of an individual child. (H) Meals provided by a residential
facility for direct child care staff shall be the same as those provided for
the children. (I) Formula for an infant prepared by or
in a residential parenting facility or a children's crisis care facility
shall be prepared in accordance with the instructions of the formula or by the
techniques recommended by the attending physician which shall be on file at the
facility. (J) Before preparing formula for an
infant, all equipment used in the preparation and storage of the formula shall
be thoroughly washed with hot water and detergent followed by a thorough
rinsing in hot running water. (K) Formula for an infant to be stored at
the facility for any period of time shall be labeled with the child's name
and date of preparation. (L) Formula for an infant shall be
refrigerated immediately after preparation and shall not be used more than
twenty-four hours after preparation. The timeframe for use after preparation
may be longer than twenty-four hours if directed by a physician or as
documented in the instructions of the formula. The timeframe shall not be
extended beyond the physician's recommendation or the instructions of the
formula. (M) Formula for an infant shall not be
heated in a microwave oven.
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Rule 5101:2-9-21 | Care, supervision and discipline.
(A) Disciplinary procedures of a residential facility shall be explained to all staff and each child according to their age and functioning level. A copy of the disciplinary procedures shall be made available to persons or agencies who desire to place children in the facility. (B) The residential facility disciplinary procedures shall be humane, instructive and shall be administered with fairness, consistency and respect and regardless of the child's race, sex, gender identity, sexual orientation, disability, religion or cultural heritage. All cruel and unusual punishments/practices are prohibited including, but not limited to: (1) Physical punishment such as spanking, punching, paddling, shaking, biting, spitting, hair pulling, pinching, pushing, physical hitting inflicted in any manner upon the body or roughly handling a child. (2) Physically strenuous work or exercises, when used as a means of punishment, consequence or discipline. (3) Forcing a child to maintain an uncomfortable position, or to continuously repeat physical movements when used as a means of punishment, consequence or discipline. (4) Group punishments for the behavior of an individual. A group activity shall not be cancelled for the entire group, prior to the activity, due to the behavior of one or more individuals. (5) Verbal abuse, including swearing, directed at a child or derogatory remarks about a child's family, race, gender identity, sexual orientation, disability, religion, or cultural background or threats of physical violence against the child or removal of the child from the facility. (6) Denial of social or recreational activities for more than five consecutive days without prior written approval of the facility administrator or designee and a certified or licensed practitioner of behavioral science. (7) The denial of social, mental health or casework services, medical treatment, educational services or access to their guardian ad litem or attorney, probation officer, court appointed special advocate, placement worker or caseworker. (8) The deprivation of meals or any required snack. (9) The use or denial of any medication as a punishment or discipline. (10) The denial of visitation or communication rights with a child's family as a means of punishment or discipline. (11) The denial of sleep. (12) The denial of shelter, clothing, bedding, or restroom facilities. (13) The use of physical restraint as a means of punishment or discipline. (14) Organized social ostracism such as codes of silence. (15) The use of chemical restraint. (16) The use of mechanical restraint. (17) Isolation in a locked or unlocked room used as punishment. (18) Separation of a teenage mother and her child in a residential parenting facility as a means of punishment. (19) The use of prone restraints. Prone restraint is defined as all items or measures used to limit or control the movement or normal functioning of any portion, or all, of an individual's body while the individual is in a face-down position for an extended period of time. Prone restraint includes physical or mechanical restraint. (20) Time out exceeding one minute for each year of the child's age, unless approval is granted by a certified or licensed practitioner of behavioral science and documented in the child's service plan. (21) Punishment for actions over which the child has no control such as bedwetting, enuresis, encopresis or incidents that occur in the course of toilet training activities. (C) Discipline shall be administered only by persons who are administrators or employees with direct care responsibilities of the residential facility. Children shall not discipline other children, except their own. All staff involved in the discipline of children shall meet the requirements of rule 5101:2-9-03 of the Administrative Code. (D) Agency employees, contract staff, student interns and volunteers shall not engage in any act of omission or commission which results in the death, injury, illness, abuse, neglect, or exploitation of any child.
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Rule 5101:2-9-22 | Isolation, seclusion and restraint.
Effective:
February 1, 2020
(A) Physical restraint and isolation
shall only be used in accordance with written approval of a certified or
licensed health care professional and a certified or licensed practitioner of
behavioral science. (B) Physical restraint and isolation shall only be used in
emergency circumstances when less restrictive interventions have been
determined to be ineffective and only to ensure the immediate physical safety
of the child, a staff member or others. (C) The use of physical restraint and isolation shall be
limited to the following emergency situations: (1) For protection of the
child. (2) To protect another
person from a child. (3) For self
protection. (D) A residential facility shall isolate residents only in
accordance with the facility's written policy which has received the prior
approval of the Ohio department of job and family services
(ODJFS). (E) Isolation shall only be used by a residential facility
with an isolation room approved by ODJFS that meets the requirements of this
rule. (F) Only one child shall be placed in an isolation room at
a time. (G) A child shall not be isolated longer than fifteen
continuous minutes without written supervisory approval. (H) A child shall not be isolated for longer than one
continuous hour and no longer than a total of two hours in any twenty-four hour
period. (I) A residential facility shall ensure that isolation is
used exclusively for the behavior management of a child who is out of control
at the time of isolation. (J) Any room used for isolation shall be lighted,
well-ventilated, and maintained at the same temperature as the rest of the
facility. The room shall be at least fifty-six square feet in size, and shall
have a ceiling height of at least seven feet, six inches and shall be free of
any objects or materials which might be used to inflict
self-injury. (K) Any room used for isolation shall not be used for any
other purpose, at any other time. (L) When a child is placed in isolation, staff shall inform
the child of the reason for placing him or her in isolation. Before continuing
a child's isolation, staff shall discuss with the child the need for
continued isolation. Upon release from isolation, staff shall again discuss
with the child the reason for the use of isolation. (M) Physical restraint and isolation shall only be utilized
by staff who have current American red cross, American heart association or
equivalent first aid and cardiopulmonary resuscitation (CPR)
certification. (N) When isolation is used, the following procedures shall
be followed: (1) Staff members shall
ensure that a child who is placed in isolation is not in possession of any
object or material which might be used to inflict self-injury and that only one
child is placed in an isolation room at a time. (2) Staff shall be in
auditory contact with an isolated child at all times, and shall make visual
observation of an isolated child every five minutes during the period of
isolation. (3) Visual observations
as required by this rule shall be documented in an isolation log. The isolation
log shall contain: (a) The name of the child. (b) The time of placement in isolation. (c) The reason for the placement in isolation and the discussion
of the reason for isolation with the child. (d) The chronology of observations including the signature or
initials of the staff who placed the child in isolation. (e) The written supervisory approval of a child isolated longer
than fifteen continuous minutes. (f) The written approval of the administrator or designee for
continued isolation of a child for any period of isolation longer than thirty
minutes. (g) The time of removal from isolation. (O) No child under the age of six shall be
isolated. (P) Any restraint techniques used to restrain a child shall
be previously approved and listed in the behavioral intervention policy of the
residential facility. (Q) The physical restraint or isolation shall end when the
child becomes calm or when the child's behavior no longer constitutes an
emergency. (R) Residential facilities that utilize either physical
restraint or isolation, or both, shall provide all administrators and child
care staff with training in the use of physical restraint or isolation, or
both, pursuant to rule 5101:2-9-03 of the Administrative Code.
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Rule 5101:2-9-23 | Notification and documentation of critical incidents.
Effective:
February 1, 2020
(A) A residential facility shall notify
the individual or agency which placed the child and the person or agency
holding custody, if different, within twenty-four hours if any of the following
occur while the child is placed in the facility: (1) Death of the child or
teenage mother. (2) Absent without leave
(AWOL) and the return from AWOL. (3) Any serious injury
or illness involving initial non-routine medical treatment. (4) Expulsion or
suspension from school. (5) Any alleged
delinquent or criminal activity of the child or teenage mother; (6) Any situation in
which the child or teenage mother is a victim of alleged delinquent or criminal
activity; (7) Suicide or
self-mutilation attempts. (8) Any incident of alleged abuse or
neglect. (9) Any involvement with law
enforcement. (10) Any use of physical restraint or
isolation pursuant to rule 5101:2-9-22 of the Administrative Code; (11) Any other unusual incident as defined
in the agency's policies or by the agency. (B) A residential facility shall complete
a critical incident report for each occurrence of any of the items listed in
paragraph (A) of this rule and shall document that the report was provided no
later than the next business day after the occurrence to the individual or
agency which placed the child and person or agency holding custody, if
different. All critical incidents involving restraint or isolation shall be
completed on the JFS 01386 "Restraint and Isolation Incident Report"
(4/2019) or a facility equivalent form and a copy of this form shall be placed
in the aggregate data log as described in paragraph (B) of rule 5101:2-9-35 of
the Administrative Code. If the facility uses it's own equivalent form, it
may be either a physical form or an electronic form and the form shall, at a
minimum, capture all the information listed on the JFS 01386. (C) Reports of child abuse and neglect in
a residential facility. (1) Pursuant to section
2151.421 of the Revised Code, the following persons shall immediately report a
situation listed in paragraph (C)(2) of this rule: (a) Administrator. (b) Employee. (c) College intern. (d) Volunteer. (2) An individual listed
in paragraph (C)(1) of this rule shall make a report when they know or suspect
any of the following: (a) Physical abuse. (b) Mental abuse. (c) Sexual abuse. (d) Exploitation. (e) Neglect. (f) Threatened abuse or neglect. (3) A report shall be
made when the offense is committed by any person, including another resident of
the facility.
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Rule 5101:2-9-24 | Child and family complaint policy and procedure.
Effective:
February 1, 2020
(A) The residential facility shall have a
complaint policy and procedure written in clear and simple language that shall
be given and explained to the child and family at the time of the child's
admission to the residential facility. Documentation that the child and family
received the complaint policy and procedure shall be placed in the child's
file. (B) The residential facility shall ensure
that a child or family member is not required to transmit a complaint through
the staff member who is the subject of the complaint. (C) The residential facility shall ensure
against retaliation by staff or by other children against the person making the
complaint. (D) Complaints in a residential
facility. (1) A residential facility shall: (a) Establish a procedure
to make every effort to ensure that any complaint is resolved within thirty
days of the filing of the complaint. (b) Ensure unresolved
complaints are reviewed by the administrator of the facility or designee within
thirty days of the filing of the complaint. (2) For any complaint not resolved within thirty days, a
written explanation of the reason why the complaint has not been resolved
within thirty days shall be placed in the child's record maintained
pursuant to rule 5101:2-5-10 of the Administrative Code. (3) A written report of each complaint and the resolution
shall be compiled and a copy placed in the child's record maintained
pursuant to rule 5101:2-5-10 of the Administrative Code.
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Rule 5101:2-9-25 | Residential parenting facility and crisis care facility location and programmatic requirements.
Effective:
February 1, 2020
(A) A residential parenting facility or crisis care facility
shall not be integrated as a part of another children's residential center
(CRC) or group home. A residential parenting facility or crisis care facility
shall be a self-contained facility. The mixing of the differing populations is
prohibited. (B) Each residential parenting facility shall assure the
availability of a program for each minor mother in residence which teaches
parenting skills either individually or in a group setting. The facility's
plan for the provision of such a program shall be presented for approval to
ODJFS prior to initial certification. (C) A minor mother residing in a residential parenting facility
shall meet at least one of the following requirements: (1) Enrolled in school on
a full-time basis during the school year or working towards a general
educational development (GED) certificate. (2) Employed in a
full-time job or documentation of actively seeking employment, if she has
completed their education plan, which may include receipt of a GED
certificate. (3) Enrolled in school on
a part-time basis or working towards a GED certificate and employed in a
part-time job or documentation of actively seeking employment, during the
school year. (D) Any school aged child residing in a
residential parenting facility or crisis care facility shall be enrolled in
school during the school year.
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Rule 5101:2-9-26 | Living rooms, dining areas and lounges.
Effective:
November 1, 2013
(A) Each living unit of a children's residential center (CRC) shall have at least sixty square feet of activity space per child residing in the living unit, exclusive of bedrooms, halls, bathrooms, kitchens, and storage areas. (B) Activity space shall include areas equipped with sofas, armchairs, tables, and recreational equipment. (C) For the purposes of this requirement, dining areas may be included in square footage requirements if used for activity space. (D) A residential facility shall have at least one area specifically used for dining within the facility. If a CRC maintains a dining area in each living unit, the dining area table and seating places shall be of sufficient size and number so that all children may eat together comfortably at one time. If a CRC maintains one or more dining areas that are separate and apart from the living units, all dining area tables and seating places shall be of sufficient size and number so that at least fifty per cent of all children may eat together comfortably at one time. (E) During meal hours, the dining area portion of each residential facility shall be used only for the purpose of eating. (F) Each dining area within a residential facility shall be equipped with tables and chairs appropriate to the age, physical condition, and developmental stage of the children who will eat in the area.
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Rule 5101:2-9-28 | Bedrooms.
Effective:
February 1, 2020
(A) All bedrooms contained within a
children's residential center (CRC) shall have seventy-four square feet
for the initial occupant and an additional fifty square feet for each
additional occupant, and a ceiling height of at least seven feet, six
inches. (1) If a residential
facility certified prior to the effective date of this rule has an approved
variance for the square footage requirement, the facility may still remain in
operation as long as the agency has a copy of the approved variance on file for
review by ODJFS. (2) All facilities
certified after the effective date of this rule shall adhere to the square
footage requirements of this paragraph. (B) Bedrooms in a CRC or group home shall
be used to sleep children of the same sex. (C) No bedroom in a residential facility,
constructed or put into use after January 1, 1991, shall be used to sleep more
than four children. (D) A residential facility shall not
permit non-ambulatory children to sleep above the entry level of a building,
unless the facility is specifically approved for such children by the state
fire marshal or a local certified fire safety inspector. (E) Each bedroom in a residential
facility shall have at least one outside wall window. The window shall be
equipped with a means for providing privacy. The window shall also be screened
and capable of opening and closing, unless the room is provided with a
ventilation system which provides a regular change of fresh air such as a
central air conditioning system. (F) Each CRC utilizing live-in child care
staff shall provide such staff with separate sleeping space and bathroom
facilities. (G) Each group home or residential
parenting facility utilizing live-in child care staff shall provide such staff
with separate sleeping space. (H) Bedrooms in a residential facility
shall not have the entry to a child's bedroom located so as to require the
child to pass through another bedroom or a bathroom in order to enter his or
her bedroom, or to require another person to pass through the child's
bedroom to enter another room. (1) If a residential
facility certified prior to December 1, 2010 has an approved variance for the
pass through requirement, the facility may still remain in operation as long as
the agency has a copy of the approved variance on file for review by
ODJFS. (2) All facilities
certified after the effective date of this rule shall adhere to the pass
through requirements of this paragraph. (I) All bedrooms in a residential
facility shall have a standard door that is capable of opening and
closing. (J) Each bedroom in a residential
facility shall have one bed for each child assigned to the bedroom. Beds shall
not be less than thirty inches wide and not less than five feet in length and
appropriate to the child's size. Each bed shall have a clean and
comfortable mattress. A child's bed shall not be used by another child
when the child is temporarily away from the facility. (1) If a residential
facility certified prior to December 1, 2010 has an approved variance for any
requirement of this paragraph, the facility may still remain in operation as
long as the agency has a copy of the approved variance on file for review by
ODJFS. (2) All facilities
certified after December 1, 2010 shall adhere to the requirements of this
paragraph. (K) Each child in a residential facility
shall be provided with clean sheets, pillowcases, a pillow, and
blankets. (L) Sheets and pillowcases shall be
changed and laundered at least weekly or more frequently if needed. Waterproof
mattress coverings shall be provided to a child as needed. (M) All bunk beds in use in a residential
facility shall be equipped with safety rails on the upper tier for a child
under the age of ten, or for any child whose physical, mental, or emotional
condition indicates the need for such protection. A child under six years of
age shall not sleep on the upper bunk of a bunk bed. No beds shall be bunked
higher than two tiers. Bunk beds shall not be used in a residential parenting
facility. (N) Each child in a residential facility
shall be provided with storage space for clothing and personal items in the
bedroom to which the child is assigned. Each teenage mother in a residential
parenting facility shall be provided with storage space for herself, and for
her child's clothing, in her bedroom. (O) Each child in a residential facility
shall be provided with space in their bedroom for hanging clothes. Each teenage
mother in a residential parenting facility shall be provided with space in her
bedroom for hanging clothes for herself and her child. (P) If a residential facility removes any
required items from a child's bedroom, the facility shall document the
reason for the removal and shall have a statement showing the removal of the
items was necessary for the safety and well being of the child signed by one of
the following: (1) A licensed social
worker. (2) A licensed
independent social worker. (3) A licensed
professional counselor. (4) A licensed
professional clinical counselor. (5) A civil service
employee engaging in social work or professional counseling for a residential
facility operated by a public children services agency (PCSA) or a local public
entity (LPE) as described in rule 5101:2-5-02 of the Adminstrative Code. If a
civil service employee is not a licensed social worker or licensed counselor,
the employee shall not sign statements for any other facility except a
residential facility operated by the PCSA they are employed with. (Q) In a residential parenting facility, no teenage mother and
her child shall share a bedroom with another teenage mother and her
child. (R) In a residential parenting facility, each teenage mother
shall have a bed of her own and shall not be permitted to sleep with her child
in the same bed. (S) Each infant, toddler or preschool age child shall have an age
appropriate bed. A bassinet shall be used only for infants under three months
of age or less than fifteen pounds in weight. An infant or toddler under
thirty-five inches in height shall be provided with a full sized crib which
meets the following requirements: (1) Crib slats shall be
no more than two and three-eighths inches apart. (2) Decorative cutout
areas on crib end panels which could entrap the head of a child shall not be
used. (3) Drop-side cribs shall
not be used. (4) Each crib shall have
a firm mattress which is at least one and one-half inches thick and covered
with a waterproof material. The mattress must fit snugly enough in the frame so
that there is no more than a one and one-half inch gap between the mattress and
the sides of the crib. (5) The facility is
responsible for monitoring for recall and safety information as issued by the
consumer product safety commission (CPSC), and ensuring that CPSC
recommendations related to equipment used by the facility are
followed. (6) Only cribs that are
compliant with the U.S. consumer product safety commission specifications shall
be used. The specifications can be found in 16 C.F.R. 1219 (2011).
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Rule 5101:2-9-29 | Bathrooms.
Effective:
February 1, 2020
(A) A residential facility with
bathrooms that have more than one toilet, sink, bath or shower shall have one
bathroom for every six children of the same sex, or fraction
thereof. (1) Each sink shall have
hot and cold water. (2) Each toilet shall be
capable of flushing. (3) Each bath or shower
shall have hot and cold water. (B) If a residential facility has a
private, single bathroom containing one sink, one flush toilet, and one bath or
shower, the bathroom may be used to meet the ratio requirement of one bathroom
for every six children, or fraction thereof. (1) The sink shall have
hot and cold water. (2) The toilet shall be
capable of flushing. (3) The bath or shower
shall have hot and cold water. (C) Children at a crisis care facility
who are still using diapers and under the age of three shall not be counted in
the bathroom ratio requirements of paragraphs (A) and (B) of this
rule. (D) A children's residential center (CRC) shall have
at least one bathroom with a toilet and sink on the floor with the sleeping
rooms. (E) Bathrooms in a residential facility shall be situated
so as to allow direct access to them without the necessity of passing through a
bedroom, except when a bedroom has an attached bathroom used only for the
children who reside in that bedroom. (F) Each bathroom in a residential facility shall have
toilet paper, towels or air dryers, soap, and wastebaskets available for
use. (G) Bathtubs and showers in a residential facility shall
have nonskid surfaces. (H) Except for bathtubs exclusively used to bathe children
age zero to three in a crisis care facility, all bathtubs and showers in a
residential facility shall have enclosures or screens which afford individual
privacy. When more than one toilet is located in the same bathroom, each toilet
shall be partitioned and include a door capable of remaining
closed.
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Rule 5101:2-9-30 | Kitchens and kitchen supplies.
Effective:
February 1, 2020
(A) Each children's residential
center owned or operated by a private child placing agency (PCPA) or private
noncustodial agency (PNA) shall secure a food service license for each kitchen
in which meals are prepared in accordance with the requirements of Chapter
3717. of the Revised Code and Chapter 3701-21 of the Administrative Code
pertaining to food service operation as administered and enforced by the local
department of health. (B) Each kitchen within a residential
facility shall have: (1) Permanent or disposable utensils. (2) Appliances for storage and preparation of meals served
in the facility. (C) Each food serving location within a
residential facility shall provide the following permanent or disposable items
in sufficient quanity to serve the population assigned to eat at that
location: (1) Serving dishes. (2) Cups or glasses. (3) Silverware. (D) In those cases where a residential
facility living unit does not have access to a kitchen, the living unit shall
be equipped with equipment that allows the preparation of light
snacks.
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Rule 5101:2-9-31 | Laundry facilities.
Effective:
November 1, 2013
(A) Each residential facility shall have operable laundry facilities at the facility, or contract with a vendor of laundry services. (B) If a residential facility furnishes laundry facilities for use by children or teenage mothers within the facility, it shall provide necessary laundry supplies and shall locate these facilities in an area that: (1) May be readily supervised by an adult. (2) Is equipped with washers and dryers that do not require payment to operate.
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Rule 5101:2-9-32 | Transportation.
Effective:
February 1, 2020
(A) A residential facility shall ensure
that all necessary transportation is made available for implementing each
child's service plan. (B) Vehicles owned, rented or leased by a
residential facility that are used to transport children shall meet all of the
following requirements: (1) All vehicles used for
transporting children of the facility shall be annually inspected and approved
by the Ohio state highway patrol and continually maintained in a safe operating
condition. (2) Each facility shall
maintain written maintenance records on all vehicles which are used for
transporting children. (3) First aid supplies
shall be located in each when the vehicle is used to transport
children. (4) All vehicles shall be
maintained in a safe condition and in compliance with all motor vehicle laws
and shall be covered by liability insurance in accordance with current state
laws. (C) Vehicles privately owned, rented or
leased that are used by a residential facility to transport children shall meet
all of the following requirements: (1) All privately owned
vehicles used to transport children of the facility shall be annually inspected
and approved by the Ohio state highway patrol and continually maintained in a
safe operating condition. (2) The residential
facility shall keep current documentation of automobile insurance for all
privately owned vehicles used to transport children of the
facility. (3) First aid supplies
shall be located in each privately owned vehicle when the vehicle is used to
transport children of the facility. (4) All privately owned
vehicles used to transport children of the facility shall be maintained in a
safe condition and in compliance with all motor vehicle laws and shall be
covered by liability insurance in accordance with current state
laws. (D) Each residential facility shall
ensure that any employee shall have a valid driver's license when
transporting children in either a privately owned vehicle or a vehicle owned by
the facilty. (E) Each residential facility shall ensure that supervision
appropriate to the number and ages of children being transported is available
in any vehicle used by the facility to transport children. (F) In a vehicle which is required by law to be equipped
with passenger safety belts, the driver and all passengers shall be properly
restrained by a safety belt while the vehicle is in motion. (G) Children less than four years old or forty pounds in
weight shall be restrained in a child restraint seat secured by a safety belt
or the lower anchors and tethers for children (LATCH) system. The child
restraint seat shall not be placed in the front seat of any motor vehicle that
has a back seat. (1) An infant less than
one year of age or twenty pounds in weight shall be restrained only in a
rear-facing position and, whenever possible, shall not be placed in the front
seat of a motor vehicle equipped with passenger air bags. (2) Children at least one
year old and between twenty pounds and forty pounds in weight shall be
restrained in a forward-facing position. (H) If paragraph (G) of this rule does not apply and the
child is less than eight years of age and less than four feet nine inches in
height, the child shall be properly restrained in a booster seat. The booster
seat shall be placed in the back of any motor vehicle that has a back
seat. (I) If paragraph (G) of this rule does not apply and the
child is at least eight years of age but not older than fifteen years of age,
the child shall be restrained in a belt positioning booster seat in a
forward-facing position or in a seat belt including both a lap belt and a
shoulder belt in vehicles that are so equipped. (J) Each residential facility shall ensure the recall and
safety information issued by the consumer product safety commission (CPSC)
related to child safety seats or booster seats are reviewed. Any safety
recommendations made by the CPSC in regard to child safety seats or booster
seats shall be implemented by the facility. (K) Whenever possible, all children age twelve and under,
when riding in a motor vehicle equipped with a back seat, shall not ride in the
front seat of the vehicle. (L) Paragraphs (G), (H) and (I) of this rule do not apply
to a residential facility who has a signed affidavit by a licensed physician in
Ohio or a licensed chiropractor in Ohio. The affidavit shall state that the
child who otherwise would be required to be restrained, has a physical
impairment that makes use of a child restraint system, booster seat, or an
occupant restraining device impossible or impractical, provided the person
operating the vehicle has safely and appropriately restrained the child in
accordance with any recommendation of the physician or chiropractor as noted on
the affidavit.
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Rule 5101:2-9-34 | Building approval.
Effective:
February 1, 2020
(A) A children's residential center
(CRC) shall secure a building approval and occupancy permit: (1) Prior to initial
certification. (2) At the time of any
major modification or alteration of any existing structure, unless the
structure will no longer be in use. (3) As required by the
Ohio department of commerce or from a county or municipal building department
certified by the department of commerce to inspect and approve the building
code use group applicable to the CRC. (B) All CRC building approvals and
occupancy permits shall be secured from either of the following: (1) The Ohio department of commerce. (2) A county or municipal building department certified by
the department of commerce to inspect and approve the building code use group
applicable to the CRC. (C) Each residential facility shall
maintain compliance with all local and state building codes and
ordinances.
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Rule 5101:2-9-35 | Additional programmatic requirements regarding behavior management.
Effective:
November 1, 2013
(A) An agency certified to operate a residential facility shall establish a system where instances of behavior that are a danger to a child or to others shall be brought to the attention of appropriately trained behavior management staff. (B) An agency certified to operate a residential facility which uses isolation and/or physical restraint as a behavior management tool shall establish an ongoing system for collecting and reviewing monthly aggregate data that reflects the use of restrictive treatment elements, including the number of applications of isolation and/or physical restraint, the names of staff members who participated in each instance of isolation or restraint, the range and average length of isolation and/or physical restraint, and injuries in addition to the critical incident report. When there is an unusually high incidence of the use of isolation and/or physical restraint, the administrator or designee shall review the agency's policies on behavior intervention, physical restraint, and isolation to determine how such incidents can be reduced.
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Rule 5101:2-9-36 | Additional requirements for children's crisis care facilities.
Effective:
October 1, 2017
(A) As used in Chapters 5101:2-5 and 5101:2-9 of the Administrative Code, a "children's crisis care facility" means a facility that has as its primary purpose the provision of residential and other care to the children described in paragraph (A)(1) or (A)(2) of this rule: (1) One or more pre-teens voluntarily placed in the facility by the pre-teen's parent or other caretaker who is facing a crisis that causes the parent or other caretaker to seek temporary care for the pre-teen and referral for support services; (2) One or more pre-teens placed in the facility by a public children services agency (PCSA) or private child placing agency (PCPA) that has legal custody or permanent custody of the pre-teen and determines that an emergency situation exists necessitating the pre-teen's placement in the facility rather than an institution certified under section 5103.03 of the Revised Code or elsewhere. (3) "Children's crisis care facility" does not include either of the following: (a) Any organization, society, association, school, agency, child guidance center, detention or rehabilitation facility, or children's clinic licensed, regulated, approved, operated under the direction of, or otherwise certified by the department of alcohol and drug addiction services, the department of education, a local board of education, the department of youth services, the department of mental health, or the department of developmental disabilities; (b) Any individual who provides care for only a single-family group, placed there by their parents or other relative having custody. (B) "Pre-teen" means an individual under thirteen years of age. (C) No certified children's crisis care facility shall do any of the following: (1) Provide residential care to a pre-teen for more than one hundred twenty days in a calendar year; (2) Subject to paragraph (C)(3) of this rule and except as provided in paragraph (D) of this rule, provide residential care to a pre-teen for more than sixty consecutive days; (3) Except as provided in paragraph (E) of this rule, provide residential care to a pre-teen for more than seventy-two consecutive hours if a PCSA or PCPA placed the pre-teen in the facility; (4) Fail to comply with section 2151.86 of the Revised Code. (D) A certified children's crisis care facility may provide residential care to a pre-teen for up to ninety consecutive days, other than a pre-teen placed in the facility by a PCSA or PCPA, if any of the following are the case: (1) The pre-teen's parent or other caretaker is enrolled in an alcohol and drug addiction service or a community mental health service certified under section 5119.36 of the Revised Code; (2) The pre-teen's parent or other caretaker is an inpatient in a hospital; (3) The pre-teen's parent or other caretaker is incarcerated; (4) A physician has diagnosed the pre-teen's parent or other caretaker as medically incapacitated. (E) A certified children's crisis care facility may provide residential care to a pre-teen placed in the facility by a PCSA or PCPA for more than seventy-two consecutive hours if the director of job and family services or the director's designee issues the agency a waiver of the seventy-two consecutive hour limitation. The waiver may authorize the certified children's crisis care facility to provide residential care to the pre-teen for up to fourteen consecutive days. (F) The director of job and family services may suspend or revoke a children's crisis care facility's certificate pursuant to Chapter 119. of the Revised Code and in accordance with rule 5101:2-5-07 of the Administrative Code if the facility ceases to meet any provision of this rule or the facility's operator ceases to comply with any of the rules governing the certification of children's crisis care facilities. A PCSA, PCPA or PNA operating a children's crisis care facility shall comply with all the requirements of Chapter 5101:2-5 of the Administrative Code as applicable to the type of the agency, depending on whether the agency is a PCSA, a PCPA, or a PNA. An agency operating a children's crisis care facility shall comply with all applicable requirements of the rules in Chapter 5101:2-9 of the Administrative Code for residential facilities, depending on whether the facility is a group home or a children's residential center, including those rules specified for a residential parenting facility. If there is a conflict between a requirement of any provision in this rule or any provision of Chapter 5101:2-5 of the Administrative Code or Chapter 5101:2-9 of the Administrative Code, the provisions of this rule shall take precedence. (G) An agency operating a children's crisis care facility shall reasonably assure that child care staff persons are assigned to care for the same group of children each day and shall adhere to the following child care staff to children ratios: (1) For children under the age of six years, including the children of child care staff, there shall be at least one child care staff person on duty during awake hours for every five children or fraction thereof. (2) For children over the age of six years, including children of child care staff, there shall be at least one child care staff person on duty during awake hours for every six children or fraction thereof. (3) For children ages zero to twelve, including the children of child care staff, there shall be at least one awake child care staff person on duty during sleeping hours for every eight children or fraction thereof. (4) When a group of children includes children from more than one of the age groups listed in paragraph (G)(1), (G)(2) or (G)(3) of this rule, the staff to child ratio shall be determined according to the age of the youngest child within any group of children. (5) There shall be at least two staff members on duty at all times when children are present in a crisis care facility. (H) In place of a service plan and a case plan, a children's crisis care facility shall develop an engagement plan for the individual or agency that placed the child. The engagement plan shall be completed no later than five business days after the child is placed and shall address at a minimum: (1) Steps that will be taken to resolve the issues that necessitated the placement. (2) Obligations and expectations of the individual or agency that placed the child while their child is placed at the facility. (3) Identification of any special care needs of the child that will need to be addressed while in placement. (4) Projected timeline for discharge. (I) Comprehensive health care for a child admitted to a children's crisis care facility shall be in accordance with rules 5101:2-42-66.1 and 5101:2-42-66.2 of the Administrative Code. If there is a conflict between a requirement of any provision in this rule or any provision of rule 5101:2-42-66.1 or rule 5101:2-42-66.2 of the Administrative Code, the provisions of this rule shall take precedence. (J) For the purpose of the management and prevention of communicable diseases, a children's crisis care facility shall adhere to the following procedures: (1) A child with any of the following signs or symptoms of illness shall be immediately isolated from other children. The child, while isolated shall be carefully watched for symptoms listed in paragraph (J)(2) of this rule. (a) Unusual spots or rashes; (b) Sore throat or difficulty in swallowing; (c) Elevated temperature of one hundred degrees or above; (d) Vomiting; (e) Evidence of lice, scabies or other parasitic infection. (2) A child with any of the following signs or symptoms of illness shall be immediately isolated and medically assessed by a licensed physician or registered nurse. (a) Diarrhea (more than one abnormally loose stool within a twenty-four hour period); (b) Severe coughing, causing the child to become red or blue in the face or to make a whooping sound; (c) Difficult or rapid breathing or wheezing; (d) Yellowish skin or eyes; (e) Conjunctivitis; (f) Temperature of one hundred degrees Fahrenheit taken by the auxiliary method when in combination with any other sign of illness; (g) Untreated infected skin patches; (h) Unusually dark urine and/or grey or white stool; (i) Stiff neck. (3) A child isolated due to suspected communicable disease shall be: (a) Cared for in a room or portion of a room not being used for other types of child care. (b) Checked on every fifteen minutes and a notation made on an isolation log regarding the observation made. (c) Made comfortable and provided with a bed. All linens and blankets used by the ill child shall be laundered before being used by another child. After use, the bed shall be disinfected with an appropriate germicidal agent, or, if soiled with blood, feces, vomit or other body fluids, the bed shall be cleaned with soap and water and then disinfected with an appropriate germicidal agent. (d) Observed carefully for worsening condition. If the condition has worsened, a physician shall be contacted. (4) The universal blood and body fluid precautions according to the United States department of health and human services' centers for disease control and prevention (CDC) as reported at the following internet address: http://www.cdc.gov/ncidod/dhqp/bp_universal_precautions.html. (5) A procedure for immediate notification of the person or agency holding custody of a child when the child is exhibiting signs or symptoms of illness or has been exposed to a communicable disease. (6) The children's crisis care facility's procedures regarding the care of a mildly ill child. A "mildly ill child" is defined as one of the following: (a) A child who is experiencing minor common cold symptoms, but who is not exhibiting any of the symptoms specified in paragraph (J)(1) or (J)(2) of this rule, or (b) A child who does not feel well enough to participate in activities, but who is not exhibiting any of the symptoms specified in paragraph (J)(1) or (J)(2) of this rule. (K) The children's crisis care facility shall keep the person who placed a child informed of health care provided to the child while residing in the facility on a weekly basis and at discharge. (L) The children's crisis care facility shall adhere to the following handwashing procedures: (1) All staff and volunteers shall wash their hands with soap and running water upon entering and when leaving the children's crisis care facility, after each diaper change, after assisting a child with toileting, after cleaning, after toileting, before preparing or eating food, before feeding any child, before and after administering medication, and after handling animals. (2) Handwashing facilities shall be available within the area where children receive diaper or bathroom care. (3) A handwashing facility is defined as a permanent-type fixture with running water. (4) Children shall wash hands before and after eating. (5) Disposable towels shall be available at the handwashing site at all times and shall be used to dry hands and turn off the water after handwashing. (M) In addition to the diaper care procedures specified in rule 5101:2-9-05 of the Administrative Code, the following procedures shall be followed: (1) No child's diaper shall be changed in the child's bed or crib; (2) Each diaper changing area shall be disinfected after each diaper change with an appropriate germicidal agent. If the diaper changing area is soiled after the diaper change, it shall be cleaned with soap and water and then disinfected with an appropriate germicidal and virus killing agent. (3) Disposable materials are recommended for diaper changing, and if used, shall be used once and discarded. If washcloths or other washable materials are used, they shall be used once and stored in an appropriate germicidal and virus killing solution until laundered. (N) Each child admitted to a children's crisis care facility shall be provided with an opportunity to safely and comfortably sit, crawl, toddle, or walk and play according to the child's stage of development, under supervision and in a designated space apart from sleeping quarters each day in order to enhance development. (1) Children of both genders and under twenty-four months in age who are not siblings may share the same bedroom. (2) No children over twenty-four months of age and of different genders may share the same bedroom unless they are from the same sibling group. (3) Siblings of differing genders are, at the discretion of the agency, allowed to share the same bedroom. (4) All sleeping children shall be observed at least once per hour by agency staff. (O) Each infant in care in a children's crisis care facility shall be removed from his/her crib for all feedings and removed from the crib at other intervals during each day for individual attention. For the purpose of feeding, all infants without the ability to sit up shall either be placed in an infant seat, or held by a child care worker, other adult over twenty-one years of age, or the child's parent, as appropriate to the child's age. No child shall be placed in a crib or bassinet for feeding and no bottle shall be propped to feed an infant. Infants with the ability to sit up may be placed in a high chair for feeding. (P) Infant food shall be prepared and served in a manner appropriate to the developmental needs of each child according to the child's stage of development and in sufficient quantities to promote healthy growth and development. (Q) There shall be at least one bathroom designated for use by children in a children's crisis care facility and it shall have at least one wash basin and one toilet accessible for small sized children. (R) Each dining area in a children's crisis care facility shall be equipped with tables, chairs and eating utensils appropriate to the age, physical condition, and developmental stage of the children who will eat in the area. (S) A children's crisis care facility shall plan and provide, for each child twelve months and older, an opportunity for an on-site safely accessible, supervised and developmentally appropriate outdoor activity each day in suitable weather if not contraindicated by the child's medical condition. (1) All children shall be provided with appropriate outerwear and/or sunscreen as applicable to the weather conditions. (2) The supervision of children by staff shall adhere to the required child/staff ratios specified in paragraph (G) of this rule when the children are using the outdoor play area including going to and coming from the play area. No child shall be left unsupervised in the outdoor play area. (3) When a group of children is outdoors, the child care staff person(s) responsible for the group shall be able to summon another adult without leaving the group alone or unsupervised. (4) The play area shall be supervised so that all children are within the sight and hearing of the supervising child care staff person(s) at all times. (5) The surface of the outdoor play area shall be drained well enough so that standing water does not prohibit the use of the play area on a daily basis. (6) The play area shall be free of hazards such as, but not limited to, broken glass, potholes, garbage, flammable materials, and other debris. (7) The play area shall be well defined by a fence, hedge, natural or other barrier to protect the area from traffic, animals, or other hazards. (8) The outdoor play area shall provide at least sixty square feet of usable space per child using the play area at any one time, regardless of the number of children the children's crisis care facility is certified to serve. (T) A children's crisis care facility shall be compliant with section 5103.132 of the Revised Code.
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Rule 5101:2-9-37 | Information to be provided by residential facilities.
(A) A new residential facility shall,
within ten days after obtaining certification, provide the following
information to all county, municipal, or township law enforcement agencies,
emergency management agencies and fire departments with jurisdiction over the
facility: (1) A written notice that
a facility will be operating in the agency's or department's
jurisdiction including: (a) The address of the facility. (b) The type of residential facility. (c) The contact information for the facility. (2) A copy of the
facility's procedures for emergencies and disasters pursuant to rule
5101:2-5-13.1 of the Administrative Code. (3) A copy of the
facility's medical emergency plan pursuant to rule 5101:2-9-09 of the
Administrative Code. (4) A copy of the
facility's community engagement plan pursuant to rule 5101:2-9-38 of the
Administrative Code. (B) A residential facility shall, within ten days of
recertification, provide to all county, municipal, or township law enforcement
agencies, emergency management agencies and fire departments with jurisdiction
over the facility updated copies of the following: (1) A copy of the
facility's procedures for emergencies and disasters pursuant to rule
5101:2-5-13.1 of the Administrative Code. (2) A copy of the
facility's medical emergency plan pursuant to rule 5101:2-9-09 of the
Administrative Code. (3) A copy of the
facility's community engagement plan pursuant to rule 5101:2-9-38 of the
Administrative Code.
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Rule 5101:2-9-38 | Community engagement plan for residential facilities.
(A) A residential facility shall have a
written community engagement plan which shall include: (1) Protocols for the
community in which a residential facility is located to communicate concerns or
other pertinent information directly to the facility which shall include at a
minimum: (a) A contact phone number for the facility. (b) If the facility has an email address, the email address
shall also be provided. (2) The agency shall
provide all applicable information listed in paragraph (A)(1) of this rule to
the following: (a) Upon request to an individual. (b) If the facility has a website, the information shall be
made available on the site. (3) Protocols for the agency in
responding to such a communication which shall include a time frame for
responding to a community request. (B) A residential facility shall ensure staff are trained
on the implementation of the community engagement plan and procedures for
responding to incidents involving a child at the facility and neighbors or the
police. (1) If the training is conducted by an
external provider, the training shall include a transfer of learning
component. (2) The transfer of learning component
may include a pretest, a posttest, or a discussion following the
training.
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Rule 5101:2-9-40 | Private, nonprofit therapeutic wilderness camps.
Effective:
October 1, 2021
(A) As used in this rule: (1) "Base camp"
means the permanent or semi-permanent structure at which the basic needs for
camp operation, such as resident housing, water supply and septic systems,
permanent toilet and cooking facilities, are provided. (2) "Mobile camp" means a
portion of the base campsite premises or another site at which the basic needs
for camp operation, such as water supply systems, permanent toilet and cooking
facilities or other permanent structures, are not provided and in which a child
stays no longer than twenty-one days before returning to the base
camp. (B) A private noncustodial agency (PNA)
operating as a private, nonprofit therapeutic wilderness camp (PNTWC) shall
comply with all applicable rules of Chapters 5101:2-5 and 5101:2-9 of the
Administrative Code. If there is a conflict between a requirement of any
provision in this rule or any provision of Chapter 5101:2-5 or 5101:2-9 of the
Administrative Code, the provisions of this rule shall take
precedence. (C) The person employed as the
administrator of a private, nonprofit therapeutic wilderness camp (PNTWC) is to
meet at least one of the following requirements: (1) At least six years of
experience at a therapeutic wilderness camp, including at least four years
management or supervision of child care personnel and other qualifications and
experience as determined by the governing body in writing. (2) An associate's
degree from a college or university accredited by a nationally recognized
accrediting organization with at least four years of experience, including two
years management or supervision of child care personnel. (3) A bachelor's
degree from a college or university accredited by a nationally recognized
accrediting organization. (D) A PNTWC shall provide a copy of a map for the entire
camp to ODJFS. (E) Child care staff at a therapeutic wilderness camp
shall, as part of the initial orientation training requirements of rule
5101:2-9-03 of the Administrative Code, obtain training in the
following: (1) Wilderness weather
emergency and precautions and procedures. (2) Water
safety. (F) A
PNTWC will ensure there is a child care staff qualified in wilderness first aid
to care for children both at base camp and on excursions away from base camp.
(G) A base camp shall comply with all inspection and safety
standards of a residential facility set forth in Chapter 5101:2-9 of the
Administrative Code unless the requirements are modified by this rule or
statute. A mobile camp does not have to meet the standards of Chapter 5101:2-9
of the Administrative Code, but it shall comply with the additional
requirements set forth in this rule. (H) A child shall meet the following criteria to be
eligible for admittance to a PNTWC: (1) Be ten years old or
older. The PNTWC may admit a nine year old if the child has been evaluated by a
certified professional with no direct affiliation to the camp and the certified
professional approves the placement. (a) For children under age thirteen, the PNTWC shall only
place the children in a program component designed for this age
group. (b) Factors for determining the program component for the
child shall be, at a minimum: (i) Age. (ii) Developmental
level. (iii) Physical
maturity. (iv) Social
maturity. (v) Behavioral
maturity. (vi) Cognitive
level. (vii) Diagnosis, if
any. (viii) Individual needs
of each child. (2) Be experiencing
emotional, behavioral, moral, social or learning difficulties as reported by
the parent or another relative having custody. (3) Be willing to
participate in the camp. The agency shall document the child's willingness
to attend the camp. (I) A PNTWC shall not admit: (1) An
adult. (2) A child who is
pregnant. If a child becomes pregnant while in care, the camp shall arrange for
the child's immediate discharge. (3) A minor parent with
his or her child. (4) A child with primary
medical needs or other medical conditions that cannot be easily provided to the
child at the base campsite or during mobile camping excursions. (5) A child diagnosed
with a severe pervasive developmental disorder which would limit the
child's ability to function in the camp environment. (6) A child for child day
care services. (J) A child shall not be left unsupervised at any
time. (K) A PNTWC shall ensure that no child resides at the camp
for more than twelve consecutive months unless the camp has completed a full
evaluation that determines the child is not ready for reunification with the
child's family or guardian. In order to ensure the safety, health and care
of a child residing longer than twelve consecutive months, the PNTWC shall
obtain: (1) A report of a
physical examination by a licensed physician, physician assistant, clinical
nurse specialist, certified nurse practitioner, or certified nurse-midwife. Any
written documentation of the physical examination shall be completed by the
individual who conducted the examination. (2) A report of a
psychiatric or psychological examination conducted by a psychologist,
psychiatrist or other appropriately licensed professional with no direct
affiliation to the camp. Any written documentation of the psychiatric or
psychological examination shall be completed by the individual who conducted
the examination. (L) A PNTWC shall cooperate with any request from the
director or designee for an inspection or for access to records or written
policies of the camp. (M) A PNTWC shall ensure that if there is a weather
emergency or warning issued by the national weather service in the camp's
geographic area, the children will be moved to a safe structure guarded from
the weather event. (N) A PNTWC shall ensure that all sharp tools used in the
camp, including axes and knives, are locked unless in use by camp staff or
otherwise under camp staff supervision. All sharp tools used in the camp,
including axes and knives shall be locked during sleeping hours. (O) A base camp may use a wood burning stove for heating
purposes if approved by the fire inspector. (P) A base camp shall have a type of indoor and outdoor
illumination available for all structures. (Q) A base camp is not required to have a hand rail for
dirt steps built into a hillside. (R) A base camp is not required to have a hand rail for
bridges that are no longer than eight feet and no higher than five feet from
ground level. (S) A child shall have footwear, clothing and equipment to
protect them from the environment and weather conditions. This equipment shall
never be removed, denied, or made unavailable to a child. There shall never be
a deprivation of any equipment as a consequence for the child's inability
to perform an activity. Such equipment shall include: (1) Sunscreen. (2) Insect
repellent. (3) A backpack if hiking
on an excursion. (4) Personal hygiene
items. (5) Feminine hygiene
supplies. (6) Waterproof
footwear. (7) Sleeping bags for a mobile
camp: (a) Sleeping bags rated for the current seasonal conditions
when the average nighttime temperature is forty degrees fahrenheit or
warmer. (b) Sleeping bags rated for the current seasonal
conditions, shelter and ground pad for colder months when the average nighttime
temperature is thirty-nine degrees fahrenheit or lower and basic clothing to
ensure a child's protection against seasonal change in the
environment. (8) The camp shall provide children with
clean clothing daily, launder clothing weekly and shall provide a means for
children to bathe or otherwise clean their bodies a minimum of one time per
day. (T) Sleeping arrangements at a base camp. (1) Children of the
opposite sex shall not sleep in the same structure. (2) Staff shall not sleep
in the same structure with children of the opposite sex. (3) Sleeping arrangements
shall be approved by the fire inspector and shall meet the requirements set
forth in rule 3701-25-09 of the Administrative Code. (4) Children shall be
provided with proper bedding as appropriate for the season. (U) Bathrooms at a base camp. (1) A base camp shall
have a minimum of one sink with hot and cold water, one flush toilet, and one
bath or shower with hot and cold water per gender if the camp serves more than
one gender. (2) Children of the
opposite sex shall not use the same bathroom facility at the same
time. (3) Staff shall not use
the bathroom facility if children of the opposite sex are using the facility at
the same time. (4) Each bathroom shall
have toilet paper, towels or air dryers, soap, and wastebaskets available for
use. (5) Bathtubs and showers
shall have enclosures or screens which afford individual privacy. (6) When more than one
toilet is located in the same bathroom, each toilet shall be partitioned and
include a door capable of remaining closed. (V) A PNTWC shall comply with all nutritional requirements
of rule 5101:2-9-20 of the Administrative Code except that the camp may deviate
from the timeframe requirements listed in paragraph (A) of rule 5101:2-9-20 of
the Administrative Code. (1) The PNTWC shall not
allow more than five hours to elapse between meals and not more than fourteen
hours between the evening meal and breakfast. (2) The PNTWC shall
prepare menus at least one week in advance and shall demonstrate how the menu
meets the minimum nutritional guidelines as set forth in rule 5101:2-9-20 of
the Adminstrative Code. (W) In addition to the nutritional requirements of rule
5101:2-9-20 of the Administrative Code, a camp shall ensure: (1) Six quarts of potable
water shall be available per person, per day, minimum, plus one additional
quart per person for each five miles hiked. Although it is not required that
the entire amount be hand carried, access to water shall be available at all
times during hiking. (2) In temperatures above
ninety degrees fahrenheit, staff shall make sure a child's intake is a
minimum of three quarts of water per day, electrolyte replacement shall be
available with a hiking group at all times. (3) In temperatures above
eighty degrees fahrenheit, water shall be available for coating the
child's body, and other cooling down techniques shall be available for the
purpose of cooling as needed. (4) Water shall be
available at each campsite. Water cache location information shall be verified
with field staff before the group leaves camp each day. (5) Mobile camps shall
ensure that all water from natural sources be treated for sanitation to
eliminate health hazards. (6) A PNTWC shall obtain
a food service license if required by the local health department. (X) Hiking. (1) Hiking shall not
exceed the physical capability of the weakest member of the group. (2) The weight of a
backpack to be carried by each child shall not exceed twenty per cent of the
child's body weight. If the child is required to carry other items, the
total of all weight carried shall not exceed thirty per cent of the
child's body weight. (3) Hiking shall be prohibited at
temperatures above ninety degrees fahrenheit. or at temperatures below ten
degrees fahrenheit. (4) Staff shall carry thermometers which
accurately display the current outside temperature. (5) If a child cannot or will not hike,
the group shall not continue unless eminent danger exists. The reasons for
refusal or inability to continue will be established and resolved before hiking
continues. Program directors are responsible to train staff regarding this
standard and to regularly monitor compliance. (Y) Any excursion shall have a plan including map routes,
and anticipated schedules and times shall be carried by the field staff and
recorded in the field office. (1) Staff shall maintain
a signed, daily log or dictate a recorded log to be transcribed and signed
immediately following the conclusion of the activity. All log entries shall be
recorded in permanent ink and be made available to the Ohio department of job
and family services (ODJFS) licensing specialist upon request. (2) The log shall contain
the following information regarding the excursion: (a) Accidents. (b) Injuries. (c) Medications. (d) Medical concerns. (e) Behavioral problems. (f) Any unusual occurrences. (Z) A mobile camping excursion shall last no more than
twenty-one days, after which children on the camping excursion shall return to
the base camp. (1) Children must remain
at the base camp at least ten days between mobile camping excursions and
activities. (2) In addition to
meeting the staff ratio requirements in rule 5101:2-9-02 of the Administrative
Code, the camp shall have at least two staff present during any mobile camping
excursion. (3) In a mixed gender
group, there shall be a staff member of each gender with the group at all times
during the excursion. (4) The camp may use
privies and portable toilets in remote camping areas. The camp shall ensure
that the privies and portable toilets are: (a) Maintained in good repair and kept clean at all
times. (b) Constructed and maintained according to manufacturer
designs and standards set forth by the department of health. (c) Equipped with toilet paper at all times. (d) Serviced in accordance with the standards set forth by
the department of health. (e) Privies and portable toilet facilities not equipped
with running water shall have a waterless alcohol-based hand sanitizer
available for use inside or adjacent to the toilet facilities. (5) If the camp site is
not provided with privies or other portable toilets, the camp shall comply with
any requirements of the department of health regarding the proper disposal of
human waste in these locations. There shall be a waterless alcohol-based hand
sanitizer available for use. (6) While on a mobile
camping excursion, the camp shall provide: (a) Personal hygiene supplies that are
biodegradable. (b) Means for a child to bathe or clean his or her body at
least twice weekly. (c) Females with hand sanitizing wipes or similar products
as well as feminine products for feminine hygiene purposes. (d) A way to launder clothes or provide clean clothes at
least weekly.
Last updated October 1, 2021 at 8:29 AM
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Rule 5101:2-9-42 | Qualified residential treatment program (QRTP).
Effective:
October 1, 2021
(A) A residential facility that is certified by the Ohio
department of job and family services (ODJFS) and accepts children for
placement is to comply with the requirements in this rule. Agencies whose
initial certification date is on or after October 1, 2020 are to be compliant
with this rule in order to become certified. Agencies certified prior to
October 1, 2020 have until October 1, 2024 to become compliant with the
requirements related to meeting QRTP standards. In order to maintain title IV-E
reimbursability, residential agencies are to meet the standards in this rule by
October 1, 2021. (B) A QRTP is defined as a facility that: (1) Is not a private,
nonprofit therapeutic wilderness camp. (2) Has a residential program that is
accredited by at least one of the following national accrediting bodies and
provides ongoing proof of such accreditation status to ODJFS: (a) Commission on accreditation of rehabilitation
facilities. (b) Joint commission on accreditation of healthcare
organizations. (c) Council on accreditation. (3) Implements a trauma-informed approach
in which all employees, volunteers, interns and independent contractors within
the facility are trained in that trauma-informed approach. Trauma-informed
training is to occur within the first thirty days of hire and annually
thereafter in accordance with rule 5101:2-9-03 of the Administrative Code. The
required trauma training competencies are located at
https://jfs.ohio.gov/ocf/Family-First.stm. (4) Utilizes a
trauma-informed treatment model that is approved by ODJFS for the population
the facility serves. A trauma-informed treatment model is a program,
organization or system that: (a) Ensures all clinical staff are trained on the trauma model
approved by ODJFS. If the program adds that staff other than those with
clinical responsibilities are to be trained on the trauma model, the program is
to document this through policy and training records. (b) Realizes the widespread impact of trauma and understands
potential paths for recovery; (c) Recognizes the signs and symptoms of trauma in clients,
families, staff and others involved with the system; (d) Responds by fully integrating information about trauma into
policies, procedures and practices; (e) Seeks to actively resist re-traumatization. (f) Includes service of clinical needs and that: (i) Is an approved trauma
informed treatment model applicable to the population of youth served, located
at https://jfs.ohio.gov/ocf/Family-First.stm or, (ii) Meets the substance
abuse and mental health services administration (SAMHSA) implementation domains
and follows the six key principles of the SAMHSA trauma informed approach which
are located at https://jfs.ohio.gov/ocf/Family-First.stm; and (iii) Receives approval
by the department or designee. (5) Has registered or
licensed nursing and clinical staff who operate in accordance with the
following: (a) Provide care within the scope of their practice as defined by
state law. (b) Are accessible on-site or face-to-face via interactive
videoconferencing based on the youth's clinical and/or medical needs.
Interactive videoconferencing may not be appropriate for a youth in crisis at
the facility. (c) Are available twenty-four hours a day and seven days a
week. (6) Cooperates with the
qualified individual and the family and permanency team to complete the
assessment within thirty days of placement of a child in a QRTP in accordance
with rule 5101:2-42-12 of the Administrative Code. (7) Provides consideration for the
youth's safety and developmental needs, the treatment should be
family-driven with both the youth and the family included in all aspects of
care, if in the best interest of the youth. The key components of
family-centered residential treatment are to be documented in the child's
record and include the following: (a) Facilitation of regular contact between the youth and other
members of the family including siblings, (b) Actively involving and supporting families who have a youth
placed in the residential facility, (c) Providing outreach, ongoing support and aftercare for the
youth and the family. (8) Completes discharge planning that is
to: (a) Include planning for all youth discharged from the
QRTP. (b) Begin in partnership with the legal custodian and/or
custodial agency no later than the next business day after a youth is admitted
to the QRTP. (c) Be reviewed by the QRTP no less than every thirty days and
during every service plan review. (9) Provides aftercare
support for all youth placed more than fourteen days who are exiting the QRTP
to family-based settings including: (a) Reunification with family. (b) Pre-finalized adoptive family. (c) Kinship care. (d) Foster care. (e) Independent living. (10) Includes at least a
six-month period of family-based aftercare support for all youth after
discharge, even if the youth reaches the age of majority. The aftercare support
is to: (a) Be provided within the youth or family's community
as appropriate to promote the continuity of care for children. (b) Be individualized and driven by the youth, the
caregivers and the family as appropriate, and include the
following: (i) Monthly contact with
the youth and caregivers to promote and maintain engagement, and to regularly
evaluate the family's needs. Monthly contact may be in-person, through
interactive videoconferencing, or via phone or other electronic
means. (ii) Referring and
coordinating engagement with any applicable community providers serving the
youth or family. The QRTP will ensure they make themselves available to the
community providers for ongoing consultation and document the consultation in
writing. Documentation should include all resources and services needed and
detail how the resources and services will be provided. (iii) Written
documentation provided to all participants of the discharge plan prior to
discharge with information on how to access additional supports from the QRTP
and community providers including contact information and steps required to
access each provider. (11) May provide six
months of aftercare services as defined in rule 5101:2-1-01 and pursuant to
rule 5101:2-47-23.1 of the Administrative Code, if the child was placed by a
Title IV-E agency. (12) Ensures all QRTP requirements able to
be recorded in the residential treatment information system (RTIS) are
documented within RTIS.
Last updated October 1, 2021 at 8:32 AM
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