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Rule 5139-36-01 | Definitions.
Effective:
December 23, 2022
(A) "Absconder" means a
juvenile under the authority of the court who fails to remain within the limits
of confinement or who fails to return to a facility as directed and who's
whereabouts are unknown. (B) "Admissions process" means
the point of entry into a program, when the juvenile receives an orientation to
the goals of the program and program rules and regulations. Assignment to
living area and to appropriate staff members is also completed at this
time. (C) "Approved Facility" a CCF
approved by the department of youth services, division of courts and community
and the bureau of community facilities, to operate and supervise juveniles
placed by the court. (D) "Annual average daily
population" means the number arrived at by adding up the official resident
count taken at an appointed time each day, consistently for a full fiscal year
and dividing that figure by the total number of days in the year. (E) "Bureau of Community
Facilities" means the bureau in the division of courts and community,
under the direction of the chief, that includes oversight and funding of
community correctional facilities, detention facilities and OJJDP
compliance. (F) "Bureau of criminal
identification and investigation (BCII)" means BCII may assist in the
investigation of all criminal violations and specializes in cases involving
organized crime, narcotics, racketeering, public corruption, computer and
financial frauds. BCII maintains computerized criminal records submitted by law
enforcement agencies through the automated fingerprint identification system.
Millions of sets of fingerprints are classified and on file. (G) "Treatment plan" means a
series of written statements that specify the particular course of therapy and
the roles of medical and non-medical personnel in carrying out the current
course of therapy. A treatment plan is individualized and based on assessment
of the individual's needs and includes a statement of the short and long
term goals and the methods by which the goals will be pursued. When clinically
indicated, the treatment plan provides residents with access to a range of
supportive and rehabilitative services, e.g., individual or group counseling
and/or self-help groups. (H) "Chemical agent" means any
chemical spray, gas, or powder used to temporarily incapacitate a person,
including oleoresin capsicum (pepper spray), tear gas, and
2-chlorobenzalonitrite gas. (I) "Code of ethics" means a
set of rules describing acceptable standards of conduct for all
employees. (J) "Community Corrections
Facility" means a county or multi county rehabilitation center for felony
delinquents who have been committed to the department of youth services and
diverted from care and custody in an institution and placed in the
rehabilitation center pursuant to division (E) of section 5139.36 of the
Revised Code. (K) "Community resources" means
those social service agencies, service clubs, citizen interest groups and
citizen volunteers who have the potential to assist children. These various
resources, which may be public or private, national or local, have the
potential for help ranging from material and financial assistance, to guidance,
counseling, and supportive services. (L) "Confidentiality of
records" means taking reasonable care to preclude unauthorized
distribution of client and personnel information including the observance of
federal privacy of information guidelines. (M) "Conflict of interest"
means any employee action that adversely affects the interest of the agency.
Outside concerns may bring undue pressure upon the employee in his/her effort
to make decisions concerning official duties. (N) "Contraband" means any item
possessed or found within the facility that is illegal by law or that is
expressly prohibited by those legally charged with the responsibility for
administration and operation of the facility or program. (O) "Contractual arrangement"
means an agreement between parties to provide services to children for
remuneration. (P) "Department" means the Ohio
department of youth services. (Q) "Direct-care staff member"
means for the purpose of staff/child ratio, one whose duty is primarily the
supervision of children or the immediate supervisor of child supervision staff.
(R) "Director" means the
director of the Ohio department of youth services. (S) "Emergency" means any
significant disruption of normal facility or agency procedure, policy, or
activity caused by disturbance, escape, fire, natural disaster, employee
action, or other serious incident. (T) "Emergency care" means care
for an acute illness or unexpected health care need that cannot be deferred
until the next scheduled sick call. Emergency care shall be provided to the
juvenile population by the medical director, physician, other staff, local
ambulance services and/or outside hospital emergency rooms. (U) "Emergency plans" means
written documents that address specific actions to be taken in an institutional
emergency or catastrophe such as a fire, flood, disturbance or other major
disruption. (V) "Facility" means a place,
an institution, a building or part thereof, a set of buildings, or an area,
whether or not enclosing a building or a set of buildings, which is used for
the lawful custody and treatment of juveniles. (W) "Facility
administrator/director" means any official, regardless of local title
(e.g., director, administrator, superintendent), who has the responsibility for
day-to-day management of the facility. (X) "First aid" means care for
a condition that requires immediate assistance from a person trained in first
aid and care and the use of the facility's first-aid kits. (Y) "Grievance" means violation
of youth's right as defined by rule 5139-36-19 of the Administrative
Code. (Z) "Health care" means the sum
of all action taken, preventive and therapeutic, to provide for the physical
and mental well being of the population of a facility. Health care includes
medical and dental services, and environmental conditions. (AA) "Health care
personnel" means individuals whose primary duties are to provide health
services to residents in keeping with their respective levels of health care
training or experience. (See qualified health personnel). (BB) "Health trained
personnel/medically trained personnel" means child-care and administrative
personnel who are trained and appropriately supervised to carry out certain
specific duties with regard to the administration of health care. (CC) "Hearing"
means a proceeding to determine a course of action, such as the placement of a
child, or to determine guilt or innocence in a disciplinary matter. Argument,
witnesses, or evidence are heard by a judicial officer or administrative body
in making the determination. (DD) "Room
confinement" means the involuntary restriction of child in cell, room, or
other area identified by the CCF director or designee where egress is blocked
and the child is separated from the general population. Room confinement does
not include normal sleeping hours or brief periods of transition not to exceed
fifteen minutes, such as shift changes. Eliminates the terms isolation or
seclusion and uses a single term: room confinement. Medical isolation and
self-confinement are not considered room confinement. (EE) "Least
restrictive response to resistance" means the least amount of direct
physical contact required on the part of a staff member to prevent a child from
harming him/herself or others, or for the protection of property. (FF) "Living
unit" means an area of the facility which is comprised of the room(s) in
which residents sleep, a day room and sanitation facilities. The day room and
the sanitation facilities may be adjacent to the sleeping area. (GG) "Medical
screening" means a system of structured observation/initial health
assessment to identify newly arrived children who pose a health or safety
threat to themselves or others. (HH) "Orientation" means the orientation period includes
interviews, testing, and other admissions-related activities, including
distribution of information about programs, services, rules, and
regulations. (II) "Physical
punishment" means any act of inflicting punishment directly on the body,
causing pain or injury. (JJ) "Placing
agency" means the court or agency which refers the child for out-of-home
placement. (KK) "Policy"
means a course or line of action adopted and pursued by an agency that guides
and determines present and future decisions and actions. Policies indicate the
general course of direction of an organization within which the activities of
the personnel and units must operate. (LL) "Procedure" means the detailed and sequential
actions that will be executed to ensure that a policy is fully implemented. It
is the method of performing an operation, or a manner of proceeding on a course
of action. It differs from a policy in that it directs action in a particular
situation to perform a specific task within the guidelines of
policy. (MM) "Program"
means the plan or system through which a corrections agency works to meet its
goals. (NN) "Qualified
health care personnel" means physicians, dentists and other professional
and technical workers who by state law engage in activities that support,
complement or supplement the functions of physicians and/or dentists and who
are licensed, registered or certified as appropriate to their qualification or
registration. (OO) "Rated
capacity" means the number of juveniles which a facility was originally
designed to house, or currently has the capacity to house as a result of later,
planned modifications, exclusive or extraordinary arrangements to accommodate
overcrowded conditions. (PP) "Records"
means information concerning the individual's personal, delinquent or
criminal and medical history, behavior, and activities while in custody,
including, but not limited to: commitment papers, court orders, detainer,
personal property receipts, visitor's lists, photographs, fingerprints,
type of custody, disciplinary infractions and actions taken, grievance reports,
work assignments, program participation, and miscellaneous
correspondence. (QQ) "Referral"
means the process by which a child is introduced to an agency or service where
the assistance needed can be obtained. (RR) "Renovation" means a significant structural or
design change in the physical plant of a facility. (SS) "Responsible
health care authority" means the individual, government health agency, or
health care contractor responsible for the facility's health care
services, including arrangements for all levels of health and/or mental health
care and the ensuring of quality of, and accessibility to health and/or mental
health services. The health authority is led by a licensed physician or
physicians who, virtue of education, experience and certification are capable
of assuming responsibility for arranging and ensuring the quality of health and
mental health services. (TT) "Response to
resistance" means any violence, compulsion or constraint physically
exerted upon or against a person's body by any means, including the use of
firearms, chemical agents, clubs or direct bodily contact. (UU) "Restraining
device" means any mechanical object designed to physically control or
incapacitate a person. These include wrist manacles, ankle manacles,
"straight jackets," "leg irons," restraining straps and
other such devices. (VV) "Restraint" means the extraordinary restriction of
a child's freedom or freedom of movement. (WW) "Safety
equipment" means firefighting equipment, i.e., chemical extinguisher,
hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable
breathing devices, gas masks, fans, first-aid kits, stretchers, and emergency
alarms. (XX) "Search"
means an examination falling into one of the following three
categories: (1) "Frisk
search" means a search of a resident's clothes, head cavities, and a
thorough "pat down." (2) "Strip
search" means a visual search of a resident's naked body and a search
of the resident's clothing while they are not being worn. (3) "Cavity
search" means a probe of a resident's lower body cavity(ies) to be
conducted by trained medical personnel only. (YY) "Security
perimeter" means a secure boundary which encloses the entire portion of
the facility in which residents are confined. Passage through this boundary
will be strictly controlled. (ZZ) "Security
devices" means locks, gates, doors, bars, fences, screens, ceilings,
floors, walls, and barriers used to confine and control detained persons. Also
included are electronic monitoring equipment, security alarm systems, security
light units, auxiliary power supplies, and other equipment used to maintain
facility security. (AAA) "Serious
incident" means a situation in which injury serious enough to warrant
professional medical attention occurs involving a resident, employee, or
visitor on the grounds of the institution. A situation containing an imminent
threat to the security of the facility and/or to the safety of residents,
employees, or visitors on the grounds of the institution. (BBB) "Training" means formal classroom instruction:
required readings; on-the job training under the direction of an instructor;
training meetings or conferences that include a formal agenda and instruction
by a teacher, manager, or official; physical training or other instructional
programs that include a trainer/trainee relationship. Training programs usually
include requirements for completion, attendance recording, and a system for
recognition of completion. (CCC) "Volunteers" means persons who donate their time
and effort to enhance the activities of the program. They are selected on the
basis of their skills or personal qualities to provide services in areas such
as recreation, counseling, education, or religious activities.
Last updated December 28, 2022 at 8:42 AM
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Rule 5139-36-02 | Administration of community corrections facilities: responsibilities of the department.
Effective:
December 23, 2022
The department will establish, administer, and
monitor a program of financial and technical assistance to grantees for the
operation of facilities to serve eligible youth. The administration of the
program includes, but is not limited to: (A) Apportioning available funds to those
grantees with designated community corrections facilities constructed in
accordance with Amended H.B. 812 of the 117th General Assembly. (B) Establishing procedures, time frames
and an annual schedule for submitting requirements to the department for grant
funding, including: (1) By January fifteenth
of each year, the department will forward an application for grant funds to
eligible facilities. (2) Completed grant
applications shall be sent to the department no later than March first in
accordance with rule 5139-61-07 of the Administrative Code. (3) On or before June 30,
the facility will be notified of the approval or non-approval of its
application to include program content and fiscal requests. (4) Revised grant
applications are due to the department no later than July thirtieth each
year. (5) Signed grant
agreements are due to the department no later than September thirtieth each
year. (C) Reviewing each grant application and
renewal application to ensure that the application is in compliance with all
administrative rules and departmental requirements. (D) Providing technical assistance to the
facility and the governing authority. (E) Monitoring facilities annually to
ensure compliance with administrative rules and the program design as stated in
the approved grant application or renewal. (1) The division of
courts and community, through the bureau of community facilities will be
charged with the inspection, supervision and approval of CCFs. (2) The bureau will make
annual on-site inspections of CCFs. Such inspections shall be scheduled with
the administrator of the facility. (3) The bureau may
conduct unannounced inspections anytime. (4) The CCF administrator
will make himself/herself, and key facility staff, available in the event the
bureau field representative has questions or needs additional
information. (5) Once at the facility,
the bureau field representative will meet with the CCF administrator and key
facility staff to explain any criteria that will be used in the inspection, the
reason(s) for the inspection and any other relevant matters. (6) The bureau will have
full access to all areas of the CCF during any inspection, and to all records
(including juvenile files), relating to the operation of the
facility. (7) The bureau's
field representative shall ascertain compliance with the department of youth
services standards contained in the Administrative Code and the department of
youth services grant agreement and all other applicable
guidelines. (8) After an inspection
the bureau's field representatives will prepare a written report of its
inspection. The report will include any findings of non-compliance and will be
sent to the administrator of the CCF. (9) The bureau will
require the facility to correct all deficiencies within thirty days from
notification or to submit an acceptable plan and timetable to remedy these
areas. (10) The department may
withhold funding for failure to comply with such notices, at the end of the
thirty day period or the applicable timeline. (F) Establishing a review process to
evaluate the effectiveness of the facility in meeting its goals and
objectives. (1) The department will
assist the facility by providing independent assessments and reports to the
facility administrator. (2) This will be done in
cooperation with the grantee.
Last updated December 28, 2022 at 8:43 AM
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Rule 5139-36-03 | Administration of community corrections facilities: responsibilities of the grantee.
Effective:
December 23, 2022
The grantee representing the facility is eligible
to receive grant funds by following these procedures: (A) Establish a governing board in
accordance with the Ohio Revised Code. Governing boards will: (1) Meet a minimum of
once per quarter and provide the department with the scheduled meeting dates
and minutes from the meetings. (2) Establish by-laws
that are reviewed and approved annually which outline: (a) Officers and terms of office. (b) Voting and quorum requirements. (c) Specify delegation of authority. (d) Establish standing sub-committees to include an advisory
board, legal, finance, programming and personnel. (B) The CCF shall be administered by the
governing board. (1) If the CCF is a
multi-county facility, established under section 307.15 of the Revised Code, a
governing board shall be created. The governing board will consist of the
juvenile judges of each participating county. Each juvenile judge may appoint a
temporary replacement to serve as his or her representative at a scheduled
governing board meeting. This temporary assignment will last no longer than two
consecutive scheduled governing board meetings. The juvenile judges will
perform their duties on the board in their official capacity. (2) The governing board
will appoint facility and program personnel, including the director of the
facility, and fix their compensation. (3) The director, under
the supervision of the governing board and subject to the Ohio department of
youth services grant agreement and administrative rules, will control, manage,
operate, and have general charge of the facility and program, and will have the
custody of its property, files and records. (4) The governing board will review and
approve policies and procedures annually to be set forth in a policy and
procedure manual for the facility. (5) The governing board will review and
approve the criteria used to admit youth to the facility. (6) The governing board will decide
appeals of participating counties as to "refusal to admit" a youth to
the facility. Said appeals will be decided by a majority vote of the governing
board members at a scheduled meeting. (7) The governing board shall review and
approve the operating budget of the facility, and of any applications to the
Ohio department of youth services for funding. (C) Maintain compliance with requirements
of established rules under Chapters 5139-36 of the Administrative
Code. (D) Apply for grant funds and completing
a grant application. Applications will describe: (1) The standardized
screening process to ensure that all eligible youth are considered for
admission to the facility, including the notification process between the
courts and the facility. (2) The plan to reduce
commitments to the department, including measurable goals and
objectives. (3) The programs, and
services and treatment offered by the facility. (4) The method to be
utilized to monitor and evaluate the programs and services available to youth
in the facility. (5) The plan to ensure
access to the facility and its services by minority juveniles. (E) Comply with procedures, time frames
and the annual schedule of requirements established by the
department. (F) The CCF administrator may request and
will participate in technical assistance provided by the department for either
the facility or governing board. The CCF administrator and identified staff
member (e.g. program director, trainer) are required to attend scheduled
meetings or trainings conducted by the department. (G) Comply with monitoring and
inspections conducted by the department to include: (1) The CCF administrator
will prepare for the annual on-site inspection visit in accordance with the
bureau's guideline and instruction. (2) Upon arrival of the
bureau's field representative, the administrator will make him/herself,
and key facility staff, available in the event the inspection team has
questions or needs additional information. (3) A waiver for
non-applicability of a standard will be requested prior to the annual on-site
scheduled visit. This request will be reviewed by the bureau chief of community
facilities. The decision by the chief is final and may not be
appealed. (4) The bureau will
require the facility to create a corrective action plan addressing all
deficiencies within thirty days from receipt of the inspection
report. (5) The department may
withhold funding for failure to comply with such notices, at the end of this
thirty day period. (H) Establish a review process to
evaluate the effectiveness of the facility in meeting its goals and
objectives. (1) This will be done in
conjunction with the department. (2) The facility will use
independent assessments and reports provided by the department to facilitate
this process. (3) The facility will
submit an annual report by August thirty-first of each year that describes the
progress made toward achieving the goals and objectives as described in the
application, program overview and statistical data programs, outcomes and youth
demographic information.
Last updated December 28, 2022 at 8:43 AM
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Rule 5139-36-04 | Non-approval appeal process.
Effective:
December 23, 2022
(A) In the event the department notifies
the CCF of non-approval of the grant application, per paragraph (B)(3) of rule
5139-36-02 of the Administrative Code, the facility administrator may initiate
an appeal in writing within thirty calendar days of the receipt of the notice
of non-approval. A request for appeal must be sent by certified mail to the
director of the department, responding specifically to each of the reason(s)
for non-approval. (B) Within thirty days following the
receipt of the appeal, the director or designee will consider merits of the
appeal. A decision will be sent by certified mail to the facility
administrator. (C) The decision of the director is final
and may not be appealed. An appeal under Chapter 119. of the Revised Code shall
not be granted.
Last updated December 28, 2022 at 8:43 AM
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Rule 5139-36-05 | Fiscal management and budgetary requirements.
Effective:
December 23, 2022
(A) The CCF will have a fiscal system
that accounts for all income and expenditures on an ongoing basis. (B) The CCF administrator will prepare a
written, annual budget of anticipated expenditures for approval by the
governing jurisdiction. (C) The CCF will have written policies
and procedures adopted by the governing authority including at a minimum:
internal controls, petty cash, bonding, signature control on checks, juvenile
funds and employee expense reimbursement. (D) The CCF will implement a procedure
that provides for the requisition and purchase of supplies, equipment,
inventory and control. (E) The CCF will provide insurance
coverage that includes, at a minimum, property and comprehensive, general
liability insurance. (F) When a CCF has a canteen available
for use by residents, its fiscal operations are strictly controlled by standard
accounting procedures (G) The CCF will have a written policy,
procedure, and practice that prohibits financial transactions between
juveniles, juveniles and staff, or juveniles and volunteers. (H) The CCF will make reasonable efforts
to maintain at least a ninety per cent occupancy rate on monthly basis. All
referrals to the CCF that were denied will be documented and provided to the
bureau of community facilities. Upon receipt of the quarterly request from the
CCF, the department of youth services will review population with the CCF
director. If the grantee falls below the allowable rate of occupancy for
failing to accept referrals who meet the CCF admission criteria then the
department may immediately take appropriate action, including but not limited
to, the placement of youth under DYS custody and or budget modifications to
adjust for unfilled beds. (I) The following are all budgetary
requirements of which the county(s) must be aware to correctly complete
required budgetary reports: (1) Financial reports.
The financial reports required by this chapter are designed to enable the
department to monitor the various schedules of the approved grant. (2) Grant budgets. The
grant budgets will be annual, based on the state fiscal year. The grant budgets
will include budget schedules and narratives. The facility will follow the
chart of accounts provided by the department in establishing a budget for
projected expenditures of funds. All obligations must be incurred within the
grant period and liquidated by September thirtieth of the following fiscal
year. Only exceptions are unemployment and workers compensation, which will be
recognized as an expense in the year that they are paid. (3) Non supplanting rule.
Funds provided to a county facility will not be used to supplant county
expenditures. (4) Transfer of funds.
Expenditures may not exceed an approved grant schedule by more than ten per
cent. If expenditures exceed or are projected to exceed the approved budget
amount by ten per cent, a budget revision will be submitted prior to the
transfer with attached schedules and narrative explaining the need for the
transfer between schedules. Such transfer may be made only with a prior
approved budget revision. (5) Equipment purchases.
Equipment purchases are limited to the items approved in the budget plan and
can be used for the grant. A budget revision will be submitted and approved by
the department prior to any additional equipment purchase or charge in original
approved equipment request. Equipment purchased will remain the property of the
department for a period of five years from the date of acquisition. After the
five-year period, the equipment items purchased will become the property of the
county and facility. Use of grant equipment by other programs must be approved
in advance by the department. Minor equipment, as defined by the grant
agreement, will be listed in the 2100 line under supplies and
materials. (6) Total expenditures
submitted to the department will not exceed the grant for the fiscal year.
Emergency and supplemental requests will be evaluated based on the nature of
the emergency and availability of state funds. (7) Commingling of funds.
Grant funds from the department will be maintained separately and able to be
audited independently. (8) Other funding
sources. All other funds (i.e., donation, grants, NSLA, etc.) received from any
other sources will be reported on the grant budget and quarterly requests and
recognized in the fiscal year received. Other funding receipts will be
identified by line item to reduce expenditures or expanded program services.
The facility will work with the department to develop any possible other
funding sources which would expand the funding base of the facility. Funds from
other funding sources which are not used to expand existing services (i.e.,
reimbursement from food sold to staff and visitors, reimbursements, refunds,
rebates, etc.) will be reported as a reduction in expenditures. Revenue from
sources other than grant funds (i.e., donations, grants, NSLA, etc.) will not
be deposited or commingled with grant funds. (9) Medical. Expenses
incurred for the examination and appropriate regular medical care and treatment
of youth residing in the facility will be considered routine. Expenses incurred
in the event of hospitalization, or other extraordinary type of medical
treatment, will be considered major medical. If expenses for major medical
exceed the approved medical amount the facility may request supplemental funds
pursuant to paragraph (I)(6) of this rule. (10) Accrued vacation,
sick, personal and compensatory time. All leave will be accrued in accordance
with the county/district policy. The department will recognize this expense
when paid. This expense category is classified as an accrued liability.
Transfer of surplus funds from this line item will be restricted to the excess
of the established liability. The department will only allow this liability for
leave time earned by the employee while employed at the facility. (11) The facility will
have an approved system to track meal reimbursements. (12) The financial report
and request for funds system is based on a quarterly cash advance, with a
quarterly and year-to-date report of expenditures, by schedule, with a report
of cash balance on hand at the end of the reporting period. The required
financial report shall be submitted according to the annual schedule prepared
by the department. If the facility fails to submit the required reports, the
department shall withhold any future payments until such reports are
submitted. (13) Closing report. The
facility will submit a final report of grant budget expenditures to the
department by October fifteenth each year closing the grant for the fiscal
year. All funds reported on the closing report will be encumbered by June
thirtieth of the grant year. All expenditures will be closed by September
thirtieth of the grant year. (14) Carryover funds.
Unspent funds are to be kept in the county's grant account. These funds
will be deducted from the facility's grant request in the third quarter of
the next fiscal year. The department and facility will adjust the current
year's allocation by the amount of carryover from the previous
year. (15) CCF will request
funds quarterly. (J) Records retention. (1) With reasonable
advance notice, the department may require the facility to produce records,
including any or all documents related to the grant. (2) The facility will
maintain accurate accounting records which indicate all income and expenditures
for the grant. (3) The records will be
kept current and legible. The records should be retained for the amount of time
deemed appropriate according to the state of Ohio general retention schedules,
most recent version. (4) All income and
expenditures will be supported with documentation to provide a clear audit
trail for every financial transaction. (K) Cash balances. Cash balances will be
reconciled with the county auditor records monthly. (L) Inventory (1) Proper inventory
schedules will be maintained separately for all equipment items purchased with
grant funds. Inventories will be submitted to the department each September
with the annual report. Inventories will include the following information for
all facility equipment: quantity, description, serial number, identification
number, purchase price (including refunds, rebates, discounts), date of
acquisition, vendor, condition, and location. (2) After five years of
service, equipment can be salvaged in accordance with county-established
guidelines for the salvage of unusable, damaged, and/or unrepairable equipment.
Documentation will be maintained on the disposition of all equipment removed
from the facility. The department will be provided the opportunity to review
all equipment to be salvaged. Proceeds generated through the salvaging of
equipment prior to five years of service date, will benefit the program or be
returned to the department.
Last updated December 28, 2022 at 8:43 AM
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Rule 5139-36-06 | Allowable and non-allowable expenses.
Effective:
December 23, 2022
(A) The following expenditures are
allowable: (1) Salary and fringe
benefits. This category includes salaries and fringe benefits for staff funded
by the grant. (2) Overtime. Overtime
will be limited to the direct support of operations related to the care and
custody of the juvenile resident. (3) Medical. This
category is limited to the youth residing in the facility in need of medical
assistance and general medical supplies. Examples are physicians, dental, and
psychologists. (4) Education/recreation.
Examples are books, education supplies and subscriptions, program oriented food
expenditures, field trips, minor sports equipment/materials (balls, gloves,
bats, rackets, etc.). Youth behavioral incentives. (5) Food. This category
is limited to food for youth residing in the facility. (6) Supplies and
materials. This category is for supplies and materials needed for the day to
day operations of the facility including minor equipment (under five hundred
dollars). (7) Motor vehicle. This
category includes expenditures for maintenance/repairs of licensed operating
vehicles for the facility. This expense includes motor vehicle fuel, oil,
leasing, repairs, insurance, and licenses/permits (8) Travel/staff
development. This category is limited to staff travel and professional
development, in support of youth programs. This includes the costs incurred for
staff attending conferences, seminars, registration fees, in-service training
and approved meeting costs. Expense reports must be submitted for all training
and training must be job related. (9) Communications. This
category includes expenditures for operating the facility. Examples are
internet, telephone, postage, postage meter, and shipping. (10) Fuels and utilities.
This category includes expenditures for the operation of the facility. Examples
are heating/cooling source, water, electric and cable television
services. (11) Maintenance and
repairs. This category includes costs required to maintain and repair the
facility and/or equipment used by the facility. Examples are maintenance
contracts, heating and cooling equipment, trash removal services
(non-biohazard), and paint. (12) Printing, binding,
advertising. This category includes expenditures for printing, advertising, and
subscription/publications. (13) General and other.
This category includes sundry expenditures as well as these for drug tests for
employees; drug tests for potential employee candidates; employee background
verification services; hepatitis vaccines for employees; legal and professional
services (non-litigious) to the department; non-fringe, employee insurance;
tuberculosis tests for employees; youth haircuts and any other item that does
not already have a reasonable classification category. (14) Equipment.
Expenditures for equipment having a cost or fair market value (which ever is
lower), including all associated costs required to bring the item to useful
level (shipping, installation, assembly, etc.), of five hundred dollars or
greater at time of acquisition, may be approved only if the equipment is used
in the direct performance of services to youth or support staff with the
facility. (15) Indirect cost. This
category includes services and other administrative functions provided to the
facility by the county. These charges shall not exceed two percent of the total
approved grant and detailed documentation shall be submitted. (16) Capital repairs.
Capital funds cannot be commingled with other grant funds. Expenditures must be
made in accordance with state, federal, and local laws for such facilities
which substantially provide direct service for eligible youth. (B) The following expenditures are
non-allowable: (1) All costs associated
with fund-raising activities. (2) All costs for awards
or social functions for staff. (3) Any program that
generates profits for the county. (4) Entertainment for
staff, except when directly supervising youth activities. (5) All costs related to
licensing, professional fees, or dues for personnel, unless required by the
employee's position description. (6) College tuition
reimbursement for facility employees. (7) Expenditures that
have not been approved by the department related to major dental, major
medical, and hospital for youth residing in the facility. (8) Food (outside of
department approved meetings), gifts and gratuitous items, for staff and
visitors. (9) Any other expense or
activity that would be a violation of federal, state or local
laws. (10) Payment of accrued
vacation, sick, personal or compensatory leave prior to employment at the
facility. (11) Any bonuses for
staff, to include compensation time, monetary awards or "in-kind"
adjustments.
Last updated December 28, 2022 at 8:44 AM
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Rule 5139-36-07 | Audit process.
Effective:
December 23, 2022
(A) The department will audit the fiscal
and performance records in accordance with generally accepted auditing
standards. The scope of the audit will encompass, but not be limited to, the
following: (1) An examination of
financial transactions, accounts, and reports pertaining to the approved
plan. (2) An evaluation of
compliance with the established rules and plan under Chapter 5139-36 of the
Administrative Code. (B) Upon the completion of the audit
examination an audit report will be issued and include a management comments
section regarding: (1) The expenditures of
funds. (2) Compliance with
applicable regulations and the approved grant budget plan with approved
revisions and amendments. (3) Any noted citations
and exceptions. (4) The appeal process
outlined in this rule. (C) All audits having the issuance of
citations or exceptions will require the facility to complete an itemized
corrective action plan addressing the timetable and plan of action to fully
resolve the audit issue. This plan will be submitted to the department within
sixty days of receipt of the formal audit report. (D) Audit findings. Once resolved, fiscal
findings will be refunded to the department within forty-five days of
notification unless an appeal of the finding is filed. (1) The governing
county's fiscal agent will be required to refund to the department from
the governing county's general fund the amount of the fiscal
finding. (2) For a multi-county
facility, the amount of the fiscal finding may be refunded to the department,
in accordance with a multi-county agreement, from the general revenue fund of
multiple counties, provided that all counties in the multi-county facility have
agreed as documented through the terms of the annual grant agreement signed by
all of the counties. (E) Appeal of audit findings. Within
forty-five days of the date of the formal audit report, the facility
administrator may file a request for an appeal. If the facility does not file a
request for appeal with the department, the action proposed in the
department's report shall be final and binding. (F) Appeals will follow department
process and timelines. Appeals will be submitted to the director, department of
youth services, or designee.
Last updated December 28, 2022 at 8:44 AM
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Rule 5139-36-08 | Administration and management.
Effective:
December 23, 2022
(A) The CCF is a facility sanctioned to
operate under the standards established by the department and complies with all
applicable licensing requirements of the jurisdiction in which it is
located. (B) The CCF will have a policy and
procedure manual that is approved by the governing authority and made available
to all staff. The policy and procedure manual will include the philosophy,
goals and purpose and service of the facility and approved methods of
implementation. The policy and procedure manual will be reviewed annually and
updated as necessary. (C) The CCF will have a organizational
chart that accurately reflects its structure of authority, the responsibility
and the accountability of the organization. (D) Written policy, procedure, and
practice provide that the CCF and its programs are managed by a single
administrator to whom all employees or units of management are responsible and
who will: (1) Implement policies,
procedures and practices of the governing authority. (2) Control, manage,
operate and have general charge of the facility and program. (3) Have custody of CCF
property, files and records. (E) The CCF administrator will ensure
that there will be a minimum of quarterly meetings with management staff and
department heads, who meet monthly with their key staff members. Documentation
of these meetings (e.g. minutes) shall be kept for one year and be available
for review. (F) The CCF will have a written policy,
procedure, and practice providing that there exists a community advisory
committee which is representative of the community and that serves as a link
between the program and the community. This committee shall meet, at least,
bi-annually. (G) The CCF will document efforts to
conduct a continuing planned program of public information and
education. (H) The CCF will clarify its relationship
to all funding and regulatory agencies and document its relationship through
written contracts or letters of mutual agreement. (I) The CCF will have a written policy,
which ensures there will be no abuse of juveniles, conforming to governmental
statutes and regulations. (J) The CCF will have written policy and
procedure to guard against conflicts of interest. This policy will be contained
within a code of ethics to be adopted by the CCF. This code will include, but
not be limited to the following. (1) The CCF staff will
not display favoritism or preferential treatment to one juvenile, or group of
juveniles, over another. (2) No employee of a CCF
may deal with any juvenile except in a professional manner that will support
the approved goals of the CCF. Specifically, staff members must never accept
for themselves, without approval of the director/designee, any member of their
family, or others, any personal (tangible or intangible) gift, favor or service
from a juvenile or from a juvenile's family or close associate, no matter
how trivial the gift or service may seem. All staff are required to report to
the CCF director any violation or attempted violation of these restrictions. In
addition, no staff will give any gifts, favors, or services to juveniles, their
families or close associates. (3) No CCF employee will
enter into any business relationship with juveniles or their families (e.g.,
selling, buying, or trading personal property). (4) No CCF employee will
have an outside contact (other than incidental contact) with a juvenile,
ex-juvenile under supervision, his or her family or close associates, except
for those activities which are an approved, integral part of the center program
and a part of the employee's job description. (5) CCF employees may not
engage in any conduct which is criminal in nature or which would bring
discredit upon the facility and program. The CCF will ensure that the conduct
of all employees is consistent with the terms, conditions, and spirit of the
grant. All employees will avoid misconduct, and the appearance of
misconduct. (6) Disciplinary action
imposed by the CCF for any violation or attempted violation of the standards
for employee conduct will be reported to the bureau chief of community
facilities within two business days. (K) The CCF facility will notify its
employees of the standards of employee conduct and document this
notification. (L) The CCF shall meet the legal
requirements of the governmental jurisdiction in which the licensed facility is
located. The documentation for this standard will include copies of all local
licensing and inspection certificates indicating conformance to all local fire,
health, building, and zoning regulations. (M) The CCF shall comply, when
applicable, with the Americans with Disabilities Act of 1990 and all guidelines
and policies issued by the department. (N) The CCF will develop annual goals and
objectives and submit these goals and objectives upon request to the bureau
chief of community facilities. (O) The CCF will display the facility
approval certificate by the department of youth services.
Last updated December 28, 2022 at 8:44 AM
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Rule 5139-36-09 | Personnel.
Effective:
December 23, 2022
(A) Each CCF shall have a personnel
manual that complies with state and federal law. Employees are required to sign
statements acknowledging access to and awareness of personnel policies and
regulations. The personnel manual shall be available to employees, and the
general public. It will cover, at a minimum, the following areas: (1) Organizational
chart (2) Staff
development (3) Recruitment and
selection (4) Promotion (5) Job qualifications
and job descriptions (6) Affirmative
action (7) Sexual
harassment (8) Grievance and appeal
procedures (9) Orientation (10) Employee
evaluation (11) Personnel
records (12) Benefits (13) Holidays (14) Leave (15) Hours of
work (16) Probationary
period (17) Compensation (18) Travel (19) Disciplinary
procedures (20) Termination (21) Resignation (22) Code of
ethics (23) Conflict of
interest (B) The CCF hiring policies, procedures
and practices shall be in accordance with sections 2151.86 and 109.572 of the
Revised Code. (C) There are written job descriptions
and job qualifications for all positions. Each job description includes, at a
minimum: job title, position responsibilities, required minimum experience, and
education. (D) Each prospective employee at the time
of initial application, will be informed that as a precondition to employment,
he/she shall complete a BCII prescribed record check form and provide a set of
fingerprint impressions. (1) The prospective
employee's failure to report criminal convictions or moving traffic
violations will be considered cause for progressive discipline, including
separation from employment. (2) The CCF will require
that prospective employees, who will have direct contact with the juvenile
population, receive a physical examination. (E) The CCF will make provisions for
subsequent record checks to be done annually, for at least ten per cent of all
employees. (F) The CCF will have a written policy,
procedure, and practice that provide for a current, accurate, and confidential
personnel record for each employee. Any confidential medical/psychological
information obtained by the CCF that is confidential will be maintained and
kept separate from personnel records, and only the director and other
authorized personnel may access the record. (G) A written procedure exists whereby
employees may challenge information in his/her personnel file and have it
corrected or removed if proved inaccurate. (H) There is a written employee grievance
procedure that is available to all employees. (I) The staffing requirement for
personnel is determined to ensure juveniles have access to staff twenty-four
hours a day and to programs and services. When juveniles are present during
waking hours: (1) During waking hours,
there will be one staff member for every eight youth. (2) Gender appropriate
staff supervision will be on duty at all times when female and male juveniles
are present. (3) A ratio of sixteen
youth to one staff member will be required for sleeping hours. (4) Staffing patterns
will also reflect additional staff for appropriate security and control during
times of special need (e.g., suicide watches, court transports, emergency
transports, or emergency medical situations). In these types of occurrences,
minimum staff-to-juvenile supervision ratios must be maintained. (J) The CCF will have a written policy
and procedure providing for provisional appointment to ensure the availability
of personnel for short-term, full-time, or part-time work in an emergency
situation. (K) The CCF will ensure that all
employees or contract personnel required by law to possess professional
licensure or certification are so licensed or certified. (L) All CCF programs shall be in
compliance with all state and federal regulations for the prevention and
control of infectious and communicable diseases. (M) All employees of the CCF will be
tested for TB and shall receive annual retesting for TB. (N) There is a written policy and
procedure that specifies support for a drug free workplace for all employees.
This policy, which is reviewed annually, includes, at a minimum, the
following: (1) Prohibition of the
use of illegal drugs (2) Prohibition of
possession of any legal drug, except in the performance of official
duties. (3) Procedures to be used
to ensure compliance. (4) Opportunities
available for treatment and/or counseling for drug abuse. (5) Penalties for
violation of the policy.
Last updated December 28, 2022 at 8:44 AM
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Rule 5139-36-10 | Training and staff development.
Effective:
December 23, 2022
(A) The CCF will implement written
policies, procedures and practices for the training of all
personnel. (B) The training plan will be reviewed
and updated based on an annual assessment that identifies current job-related
training needs. (C) The CCF will provide an initial
eighty hours of orientation training for all new full-time, direct care staff
before assuming independent responsibility for a particular job. All part-time
staff employees, volunteers, and contract personnel will receive a formal
orientation appropriate to their assignment and will receive additional
training as needed. (D) All direct care staff will receive at
least forty hours of training on an annual basis exclusive of their eighty
hours of orientation training. Training will include, at a
minimum; (1) Supervision of
juveniles (2) Juvenile rules and
regulations (3) Rights and
responsibilities of juveniles (4) Fire and emergency
procedures (5) Emergency medical
procedures (6) Blood-born
pathogens (7) First
aid/cardiopulmonary resuscitation (CPR) (8) Safety and security
procedures (9) Report
writing (10) Safe method of
response to resistance (11) Interpersonal
relations (12) Cultural
awareness (13) Social/culture
lifestyle of the juvenile population (14) Child growth and
development (15) Communication
skills (16) Suicide assessment
and prevention (E) All full-time support employees who
have minimal or no contact with juveniles will receive forty hours of
orientation training and at least sixteen hours of training on an annual
basis. (F) All administrative, managerial, and
professional staff will receive twenty hours of training annually exclusive of
the forty hours of training required the first year of employment. Training
will be appropriate to assigned duties and responsibilities. (G) The training plan is developed,
evaluated, and updated by the CCFs training committee or training
coordinator, based on an annual assessment that identifies current job related
needs. (H) Documentation of staff training will
include the following: date and location of training, specific subject matter,
trainers name, hours of training provided, and the name(s) and position
of the staff trained. (I) All CCF personnel are trained in the
implementation of written emergency plans during the employee's initial
orientation period and thereafter, annually.
Last updated December 28, 2022 at 8:44 AM
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Rule 5139-36-11 | Citizen and volunteer involvement.
Effective:
December 23, 2022
(A) A CCF will have a written policy
regarding the use of volunteers. (B) If volunteers are used, the CCF
will: (1) Have written
procedures for securing citizen-involvement programming, including roles as
advisors, liaison between the program and the public, direct service roles, and
cooperative endeavors with the residents. (2) Have a system for
selection, training, term of service, and definition of tasks, responsibilities
and authority for volunteers. (3) Recruit volunteers
from all cultural backgrounds and socioeconomic levels of the
community. (4) Provide orientation
and training before they participate in their assignments. (5) Permit volunteers to
perform professional services, only when certified or licensed to do
so. (6) Have a CCF staff
member supervise volunteer services. (7) Provide for liability
claims in the form of insurance, signed waivers or other legal provision, valid
in the jurisdiction in which the program is located.
Last updated December 28, 2022 at 8:45 AM
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Rule 5139-36-12 | Records.
Effective:
December 23, 2022
(A) The CCF will have a written procedure
governing case record management which is reviewed annually. The procedure will
include at a minimum: (1) Establishment,
maintenance, use, and content of case records (2) Right to
privacy (3) Secure placement and
preservation of records (4) Appropriate safeguard
exits to minimize the possibility of theft, loss or destruction of case
records (B) The CCF will have a written policy
and procedure which provides for case record auditing by facility staff and as
requested, by the department, to ensure that each case record is current,
complete and accurate. (C) The CCF will implement written
policies, procedures, and practice for maintaining a case file on each juvenile
admitted to the program in which all significant decisions and events are
recorded. Case files will include at a minimum, the following
information: (1) Initial intake
information form (2) Documented legal
authority to accept juvenile (3) Referral
source (4) Pre-sentence
investigation (5) Medical consent
forms (6) Non-diagnostic
medical information (7) Case history/social
history (8) Treatment
plan (9) Progress
reports (10) Signed release of
information forms when required (11) Rules of residency
and disciplinary policy, signed by juvenile
Last updated December 28, 2022 at 8:45 AM
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Rule 5139-36-13 | Physical plant.
Effective:
December 23, 2022
(A) The CCF conforms to all applicable
zoning ordinances. (B) The CCF conforms to all applicable
state and local building fire codes. The authority having jurisdiction
documents annual compliance. All deficiencies contained within an inspection
report will be corrected within the time frame as specified. (C) There is documentation by a qualified
source that the interior finishing materials in juvenile living areas, exit
areas, and places of public assembly are in accordance with recognized
codes. (D) The CCF will have written fire
prevention procedures specifying practices to ensure the safety of staff,
juveniles and visitors. These include, but are not limited to: (1) Provision for an
adequate fire protection service. (2) A system of fire
inspections and testing of equipment at least quarterly. (3) An annual inspection
by local or state fire officials or other qualified person(s). (4) Availability of fire
protection equipment at appropriate locations throughout the CCF. Staff will be
trained accordingly. (5) A fire alarm system
and an automatic detection system which is approved by the authority having
jurisdiction. All system elements are tested on a quarterly basis; a state fire
official or other qualified authority approves the adequacy and operation of
the systems annually. (6) The CCF, in the event
of an emergency, will provide an alternative power source which includes
provision for heating, lighting and food service. (E) The CCF will have posted in all
areas, emergency exit plans that are properly positioned, clear, distinct and
permanently marked in order to ensure the timely evacuation of juveniles, staff
and visitors in the event of fire or other emergencies. Posted exit signs will
include location of fire extinguishers, first aid kits, and other available,
essential life-safety equipment. (F) The CCF will have a written policy
and procedure which provide that the CCF complies with all applicable
governmental regulations and standards. At a minimum, these policies cover the
following: (1) Sanitation
inspection (2) Water supply
testing (3) Waste
disposal (4) Housekeeping (5) Clothing and building
supplies (6) Hair care
services (G) The CCF is within reasonable distance
of public transportation or other means of transportation is
available. (H) Each living unit is designed so that
individual rooms, day rooms, and program areas are in close proximity to staff
offices for the purposes of communication and interaction. (I) The number of juveniles does not
exceed the rated capacity, which includes living units of the facility, as
established by the original design plus beds added with coded and approved
additions or renovations. Holding and isolation rooms will not be included in
the CCFs rated capacity. (J) Each of the living units is designed
for single occupancy sleeping rooms. All sleeping rooms in the CCF will have,
at a minimum, access to, but not necessarily within the sleeping
room: (1) Sanitation
facilities: (a) Toilet above floor level available for use twenty-four hours
a day (b) Wash basin and drinking water (c) Hot and cold running water (2) Sleeping rooms
without plumbing facilities will have an established communication linkage to
staff with documentation of response. (3) A bed above floor
level and storage space. (4) Lighting of at least
twenty foot candles at desk level and in the personal grooming
area. (5) Provisions for
natural lighting and seating space. (6) A minimum of sixty
square feet of unencumbered floor space per juvenile. (K) The CCF will have a written policy,
procedure, and practice providing that male and female juveniles do not occupy
the same sleeping rooms or living units. (L) The CCF will have a written policy,
procedure and practice providing that juveniles and adults do not share
sleeping rooms. (M) Each juvenile is provided a bed,
mattress, and a supply of sanitized linen. Used bed linens and towels will be
laundered weekly. Bedding and mattresses shall be sanitized prior to
reissue. (N) Within reasonable limits, the
juveniles will be permitted to decorate their living and sleeping quarters with
personal possessions, pictures and posters. (O) The CCF has, at a minimum, one
operable toilet for every six juveniles. Toilet areas will have a door; toilets
will be separated by partitions to provide individual privacy while ensuring
reasonable security and supervision. Urinals in male units may be substituted
for up to one-half of the toilets in female/male facilities. All housing units
with five or more juveniles shall have a minimum of two toilets. (P) The CCF has, at a minimum, one
operable washbasin with hot and cold running water for every six
juveniles. (Q) The CCF has one operable washer and
one operable dryer for every sixteen juveniles or equivalent laundry capacity
is available within one mile of the CCF. (R) The CCF will provide spaces
for: (1) Counseling or
interview space in or near the living unit (2) Space to accommodate
group meetings (3) Space for religious
services (4) Visiting
area (S) Dayrooms with space for varied
juvenile activities are situated immediately adjacent to the juvenile sleeping
areas, but are separated from them by a floor-to-ceiling wall. Dayrooms provide
a minimum of thirty-five square feet of space per juvenile (exclusive of
lavatories, showers, and toilets) for the maximum number expected to use the
dayroom at one time. (T) Dayrooms provide sufficient seating
and writing surfaces for every juvenile using the dayroom at one time. Dayroom
furnishing are consistent with the security needs of the juveniles
assigned. (U) There are at least fifteen square
feet of floor space per juvenile for those occupying the dining room or dining
area. (V) When the CCF provides food service,
the kitchen is a separate and distinct area with ten square feet per juvenile
or two hundred square feet, whichever is less. (W) When medical services are provided
in-house, the CCF shall have a secure medical room with private medical
examination facilities available. (X) Confinement rooms will be in close
proximity to the living unit and will provide for washing, drinking, toilet and
safety needs of the confined juvenile. (Y) With the exception of the
auditorium/gymnasium, the CCF will contain air conditioning and a back-up
ventilation system. Temperatures in indoor living and work areas are
appropriate to the summer and winter comfort zones. (Z) The total indoor activity area
provides space for a least one hundred square feet per juvenile based on the
annual average daily population. (AA) Each CCF will have
an outdoor recreation area that is well maintained and adequately designed to
accommodate regularly scheduled recreation and group athletic
activities. (BB) The CCF willl
provide adequate storage space for the following: (1) Operational and
administrative supplies (2) Storage of
juvenile's property and personal belongings (3) Adequate areas for
clothing, bedding, and CCF supplies (4) Closets for storage
of cleaning supplies and equipment are located in each principal area and are
well ventilated (CC) The CCF will have a
written policy, procedure, and practice that will designate the specific duties
that juveniles must assume in the care and upkeep of their own sleeping and
living quarters. (DD) If the CCF is on the
grounds of any type of adult correctional facility or juvenile detention
facility, it is self contained and separated by sight and sound. (EE) The CCF will have a
written policy and procedure requiring that the CCF administrator, in
conjunction with the CCFs governing body, develop and implement a system
designed to detect internal and external areas of the building with equipment
deterioration, safety hazards and unsanitary conditions and to provide for the
proper reporting of needed corrections or modifications.
Last updated December 28, 2022 at 8:45 AM
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Rule 5139-36-14 | Safety and emergency procedures.
Effective:
December 23, 2022
(A) The CCF has written fire, storm,
evacuation and other emergency plans, which are posted and communicated to all
employees and juveniles and reviewed and updated at least
annually. (B) The CCF will disseminate written
emergency plans to appropriate local authorities. Directions to, and the
location of exits, fire extinguishers, first-aid equipment, and other emergency
equipment are posted in the CCF. (C) The CCF will conduct monthly
emergency evacuation fire drills and quarterly storm drills under varied
conditions and times, and on all shifts when a majority of juveniles are
present in the CCF. These are to be documented and retained for at least one
year. (D) The CCF will have a written
evacuation plan prepared in the event of fire or major emergency that is
certified by an independent, outside inspector trained in the application of
national fire safety codes. The plan is reviewed annually, updated if
necessary, and reissued to the local fire jurisdiction. The plan includes the
following: (1) Location of
building/room floor plan (2) Use of exit signs and
directional arrows for traffic flow (3) Location of public
posted plan (4) Monthly drills in all
facility locations are scheduled on a rotating basis for all
shifts. (E) The CCF shall create a plan to meet
and comply with the federal Prison Rape Elimination Act of 2003 (PREA) (Pub. L.
No. 108-79). (F) Incident reporting. (1) A CCF will maintain a
document, process and report all incidents and emergencies to the department in
accordance with department guidelines. (2) Critical incidents.
Critical incidents will be reported immediately to the ODYS bureau of community
facilities. Written incidents shall follow all verbal
notification. (G) Absconders (1) Absconder detection
for youth not on approved leave (a) Should any verification process indicate a
juveniles absence, the CCF staff on duty will immediately attempt to
locate the individual by searching the facility. (b) If, after, five minutes, the youth has not been located
on grounds, the staff identifying the absence will call the facilitys
director, then local law enforcement, and then the bureau chief of community
facilities. All calls will be made within ten minutes of identifying the
absence. (c) All efforts will be made to locate the youth, to
include and calling parents, guardians, friends, employer, and all visitors who
have ever signed in to the visitation log to visit youth. (2) Absconder detection
for youth on approved leave (a) In the event a youth has not returned within five
minutes following the conclusion of their scheduled activity, the
parent/guardian, supervising staff member, or employer will be contacted by
phone. During this call, the facilitys director or designee will
ascertain anticipated time of arrival back to the facility, confirm whom the
youth is with, and the reason for the tardiness. The conversation will be
immediately entered into the case documentation system. Following the call, the
facilitys director will be notified of the revised return time.
(i) In the event that no
contact has been made and the youth has failed to return by the originally
approved return time, the director or designee will immediately notify local
law enforcement, and then the bureau chief of community
facilities. (ii) In the event that
contact was made and youth fails to return by the revised approved return time,
the director or designee will immediately notify local law enforcement, and
then the bureau chief of community facilities. (b) After local law enforcement and the bureau chief of
community facilities have been notified, all efforts will be made to locate the
youth, to include calling parents, guardians, friends, employer, all visitors
who have ever signed in to the visitation log to visit youth, and the last
destination signed on an itinerary sheet.
Last updated December 28, 2022 at 8:45 AM
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Rule 5139-36-15 | Security and control.
Effective:
December 23, 2022
(A) The CCF will have written policy and
procedure, practice restricting the use of "response to resistance"
to instances of justifiable self defense, protection of others, protection of
property, and prevention of escapes, and then only as a last resort and in
accordance with appropriate statutory authority. In no event are responses to
resistance justifiable as punishment. A written report is prepared following
all "response to resistance" and is submitted to administrative
staff for review. The use of prone restraint is prohibited across
all state systems. 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
restraints. (B) The use of "response to
resistance" will be documented and include, but not be limited
to: (1) Who was
involved (2) The response to
resistance that was used (3) Justification for the
use of response to resistance (C) The CCF will have a written policy,
procedure, and practice provide for and documents the examination and/or
treatment by CCF medical personnel or outside emergency medical services of
juveniles and/or staff involved in any response to resistance,
when: (1) A person involved has
suffered physical injury (2) A person involved
complains of an injury or requests medical assistance (D) The CCF shall have written policies
and procedures that require reporting of suspected or alleged juvenile abuse or
neglect incidents to the public children services agency or law enforcement
agency of appropriate jurisdiction and the court which has placed the
juvenile. (E) The CCF shall cooperate with the
public children services agency or law enforcement agency during an
investigation of suspected or alleged juvenile abuse or neglect. Cooperation
will include, but not limited to, permitting access to: (1) The alleged juvenile
victim (2) The alleged
perpetrator (3) Witnesses (4) Staff (5) Incident report or
logs (a) Medical and dental records (b) Personnel records (c) Training records (d) Procedural records (e) Photographs, video documentation (f) Other records, which relate to the investigation of alleged
juvenile abuse or neglect. (6) There exist written
policies and procedures concerning security and control, which are available to
all personnel. Their policies and procedures are reviewed annually and updated
as necessary. (7) The use of chemical
agents and related restraining devices is prohibited. Written policy and
procedure govern the availability, control and use of approved security
devices. Security devices are used only in accordance with the written policy
and procedure. A written report is prepared following all uses of
"response to resistance" and restraints, and is submitted and
reviewed by the CCF director. (8) The CCF will have a
written policy and procedure that requires that all security perimeter
entrances, exterior doors and all doors the CCF director determines should be
locked are kept locked, except when used for admission or exit of employees,
detained juveniles or visitors, and in emergencies. (9) The CCF will have a
written policy and procedure that requires that staff maintain a permanent log
that records routine information and emergency situations, and unusual
incidents. (10) The policy regarding
searches for the control of contraband is published, made available to staff
and juveniles and reviewed at least annually and updated if
necessary. (11) The CCF will have a
written policy and procedure that provides for the least intrusive method of
search consistent with the safety and security of the CCF. Frisk searches
and/or strip searches are conducted without specific authorization only upon
entry to the CCF and at all other times are based upon a reasonable belief that
the juvenile is carrying contraband. (12) All strip searches
will be conducted in privacy. Manual or instrument inspection of lower body
cavity or cavities are prohibited within the facility. All strip searches of
female juveniles may be conducted only by female staff. Such searches of male
residents may be conducted only by male staff. However, a physician or nurse
may conduct searches of juveniles of either sex. Strip searches may not be
conducted in the presence of the opposite sex. (13) Firearms are not
permitted in the CCF except in emergency situations. Staff are prohibited from
bringing in and/or possessing any weapon, chemical agent, or any object which
presents the potential of being used as a weapon. (14) The CCF will have locked storage
(e.g., weapons locker/cabinet) for the temporary securing of weapons when
police and other authorized persons enter the security perimeter. (15) The CCF will have a written policy,
procedure, and practice governing the control and use of keys/key cards to
include, but not limited to the following: (a) A key control center which is secured and inaccessible to
unauthorized persons at all times. (b) An accounting procedure for issuing and returning keys/key
cards. (c) A procedure for the immediate reporting and repairing of any
broken or malfunctioning key/key card or lock. (d) A set of duplicate keys to be maintained in a separate,
secure place, which is readily accessible during emergencies. (e) Keys operating locks to outside doors and/or gates will be
secured and not readily accessible to unauthorized persons within the security
perimeter. (f) Emergency keys and keys to control security areas are clearly
marked and issued in accordance with written procedures established by the CCF
administrator. (g) Precautions taken to ensure the security of all non-key
operated locking devices (e.g., electrical switches, levers). (16) The CCF will have a written policy
and procedure governing the control and use of tools, medical and culinary
equipment. (17) The use of restraining devices,
including four and five point restraints, is discouraged. CCF written policy
and procedure provide that instruments of restraint are never applied as
punishment and are applied only in accordance with written policy and
procedure. (18) The CCF will have written policy and
procedures governing safety and security precautions for agency
vehicles. (19) The CCF will have a written policy,
procedure, and practice requiring at least a weekly inspection and maintenance
of all security devices, and corrective action is initiated when
necessary.
Last updated December 28, 2022 at 8:45 AM
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Rule 5139-36-16 | Food service.
Effective:
December 23, 2022
(A) The CCF will have a written policy,
procedure and practice requiring that all juveniles shall be provided, three
meals and a snack, daily. Menus will be reviewed annually by a licensed
dietitian or the responsible health care authority to ensure nationally
recommended food allowances. (B) The CCF will have a written policy
and procedure requiring that any CCF juvenile in need of medically prescribed
therapeutic diets will have documentary evidence that such diets are provided
as ordered by the responsible health care authority or a licensed
dietitian. (C) The CCF will have a written policy,
procedure, and practice providing for special diets for juveniles whose
religious beliefs require the adherence to religious dietary laws. (D) The CCF will have a written policy
that prohibits meals being used in any punitive manner as a consequence of
behavior. (E) The CCF will have a written policy
and procedure that specifies that food service will be properly supervised and
will comply with the applicable sanitation and health codes, as promulgated by
state and local authorities. (F) The CCF will have a written policy,
procedure, and practice providing for the following: (1) Weekly inspection of
all food service areas, including dining and food preparation areas and
equipment (2) Sanitary,
temperature-controlled storage facilities for all foods (3) Daily checks of
refrigerator and water temperatures (G) The CCF will have a written policy
and procedure specifying that juveniles will be encouraged to eat a variety of
food served, but no juvenile will be subjected to coercion, including forced
feeding for refusing to eat, unless for medical or treatment-related
reasons. (H) The CCF will have a written policy,
procedure, and practice specifying food service budgeting, purchasing, and
accounting practices, including but not limited to the following
systems: (1) Food expenditure cost
accounting, designed to determine cost per meal per juvenile (2) Estimation of food
service requirements (3) Determination of and
responsiveness to juvenile eating preferences (4) Refrigeration of
food, with specific storage periods (I) The CCF will have a written policy
and procedure providing that there not be more than fourteen hours between meal
and breakfast, and at least three meals and a snack will be made available at
regular times during each twenty-four hour period. At least two of these meals
will be a hot meal. Provided basic nutritional goals are met, variations may be
allowed based on weekend and holiday food service demands. (J) The food service plan will provide
for a single menu for staff and juveniles. (K) Menus shall be planned and follow the
National School Lunch Act approved menu and portion cycle. (L) The facility's potable water
source and supply, whether self-owned or operated by the public water
department, is approved by an independent, outside source to be in compliance
with jurisdictional laws and regulations.
Last updated December 28, 2022 at 8:46 AM
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Rule 5139-36-17 | Admissions and discharge.
Effective:
December 23, 2022
(A) A CCF shall have written admission
criteria that is reviewed by the department's bureau of community
facilities, specifying the types of juveniles accepted and detailing grounds
for rejection of a referral. (B) The CCF shall not admit any juvenile
who is a resident of another state or country unless the CCF documents in the
juvenile's case record that the party making the placement has the legal
authority to make the placement. All such placements shall be made in
conformity with the terms of the interstate compact on juveniles or the
interstate compact on the placement of children. Section 2151.56 of the Revised
Code. (C) A CCF can accept any juvenile whose
needs can be met by the services provided by the facility. The facility will
recommend less restrictive alternatives when appropriate. (D) An admittance record is completed for
every juvenile admitted to the CCF and contains at least the following
information: (1) Date and time of
admission (2) Name and also known
as (AKA) (3) Last known
address (4) Legal custody
status (5) Offenses (6) Gender (7) Date of
birth (8) Race or
nationality (9) Education and school
attended (10) Employment, if
any (11) Religion (12) Health
status (13) Name, relationship,
address and telephone of parent(s)/person(s) the child resided with prior to
the time of admission (14) Drivers
license number, social security and medicaid number, if applicable (15) A physical
description (16) A recent
photograph (17) Emergency
contact (18) Placing agency and
contact. (E) The CCF will complete a preliminary
health-screening record for all new admissions including, but not limited
to: (1) Current illnesses and
health problems, including venereal disease and other infectious diseases, and
diseases specific to females, if applicable. (2) Medications taken and
special health requirements. (3) Screening of other
health problems designated by the responsible physician. (4) Behavioral
observation including state of consciousness and mental status, appearance,
conduct, tremor, and sweating. (5) History of substance
abuse (alcohol and other drugs). (6) Notation of body
deformities. (7) Condition of skin,
including trauma markings, bruises, lesions, jaundice, rashes, infestations,
and needle marks or other indications of drug abuse. (8) Document referral of
juveniles to qualified medical personnel for emergency treatment. (9) Notation of personal
physician and any medical needs. (10) Special medical
problems or needs (F) The CCF will have a written policy
and procedure providing that at the time of admission, each juvenile will be
screened for symptoms of illness or injury by a licensed physician, registered
nurse, licensed practical nurse, physicians assistant, or by a staff
person who has received training in health screening techniques. All findings
are recorded on an approved screening form. (G) Upon admission, a CCF shall assign a
staff member to orient the juvenile to the CCF, to CCF rules, and consequences
for violations of rules. This orientation is documented by juvenile and staff
signatures. (H) Where a language or literacy problem
exists that can lead to a juvenile's misunderstanding of agency rules and
regulations, assistance is provided to the juvenile either by staff or another
qualified individual under the supervision of a staff member. (I) The CCF will have a handbook for
juveniles and for the parent or guardian of each juvenile. This handbook will
summarize the information covered by the CCFs statement of purpose and
program. In addition, the handbook will contain: (1) Regulations for
juveniles and consequences assigned for violations of regulations. (2) Visiting hours and
policies (3) The role and
responsibility of the family in the care and treatment of the
juvenile. (4) A grievance procedure
for the juvenile and family. (J) The CCF will provide a handbook to
each juvenile and his or her parents or guardians, within seventy-two hours
following admittance. (K) The CCF will have a written policy
which describes the conditions under which, and the procedures by which, a
juvenile will be discharged, including any criteria for emergency discharges
and discharges not in accordance with the juvenile's case management
plan. (L) When a juvenile is discharged, the
CCF will prepare, within seven business days following the date of discharge, a
written discharge summary. A copy of the discharge summary will be maintained
within the record and a copy shall be provided to the court. (M) At least twenty-one days prior to any
planned discharge, each CCF will, in consultation with the court or custodial
agent, familiarize the juvenile with the plans for his/her continued care
following discharge. (N) When a juvenile is discharged, all of
the following will be documented in the juvenile's case
record: (1) Record of time and
date of discharge from the CCF, the authority by which released and into whose
custody the juvenile is released (2) The reason for
discharge (3) When appropriate make
recommendations for continued care and follow-up procedures (4) A brief summary or
other documentation of medical and dental services provided while in
residence (5) The new location of
the juvenile (6) The name and official
title of the person to whom the juvenile was released (7) Criteria for
emergency discharge and discharges not in accordance with juvenile individual
case plans.
Last updated December 28, 2022 at 8:46 AM
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Rule 5139-36-18 | Medical and health care services.
Effective:
December 23, 2022
(A) The CCF will have a written policy
and procedure requiring each CCF to have a licensed physician(s) or medical
resource such as a hospital or clinic designated for the medical supervision,
care and treatment of juveniles. When the health care authority is other than a
physician, final medical judgments rest with a single designated physician. The
CCF will ensure twenty-four hour availability of consultation, advice and
emergency service response. Such resources will be located in the same or
nearby community. (B) The CCF will have a written policy
and procedure requiring that a medical examination be conducted within fourteen
days before or after admission, and updated annually. (C) The CCF will have a written policy
and procedure providing for the prompt notification of juvenile's
parents/guardians and responsible agency in case of serious illness, serious
surgery, serious injury or death. (D) The CCF will have a written policy
and procedure requiring that, following the admission of a juvenile, CCF staff
will attempt to verify prescribed medications and that the proper dosages of
these medications are administered at the time interval prescribed by the
appropriate medical authority. (E) The CCF will have a written policy,
procedure, and practice providing for the proper management of pharmaceuticals
and shall address the following subjects: (1) A formulary
specifically developed for the facility prescription practices that requires
(a) prescription practices including requirements that psychotropic medications
are prescribed only when clinically indicated as one facet of a program of
therapy, (b) "stop order" time periods for all medications, and (c)
the prescribing provider reevaluates a prescription prior to its
renewal. (2) Procedures for
medication receipt, storage, dispensing, and administration or
distribution. (3) Maximum security
storage and periodic inventory of all controlled substances, syringes, and
needles. (4) Dispensing of
medicine in conformance with appropriate federal and state laws. (5) Administration of
medication by persons properly trained and under the supervision of the health
authority and facility administrator or designee. (6) Accountability for
administering or distributing medications in a timely manner and according to
physician's orders. (F) The CCF will have a written policy
and procedure requiring that a medical record be maintained on each juvenile
which will include pertinent information concerning illnesses, communicable
diseases, physical abnormalities, allergies and the administration of
treatment. (G) The CCF will have a written policy
and procedure requiring a written plan for the staffs response to
juveniles who are identified as potentially suicidal. (H) The CCF will have a written policy
and procedure requiring that first-aid kits are available and have been
approved by qualified health care personnel. (I) The CCF will have a written policy
and procedure requiring that all staff, on all shifts be certified, and
maintain certification in first aid and CPR. (J) The CCF will have a written policy
and procedure governing the development, and subsequent updating, of a facility
formulary or drug list for pharmaceuticals stocked by the
facility. (K) The CCF will have a written policy
and procedure requiring that juveniles be informed of the procedures for
gaining access to medical services. (L) The CCF will have a written policy
and procedure that provides for informing appropriate staff of special medical
and mental health problems of juveniles. (M) All written medical policies and
procedures are approved annually by the responsible health care
authority. (N) The CCF will have a written policy
and procedure requiring that in consultation with the juvenile's
physician, each facility shall periodically review each juveniles
current regimen of medication and, as authorized by the physician, make
adjustments to that regimen as appropriate. In no event will a facility begin,
alter or suspend a juvenile's medication without the approval of a
physician. (O) Written policy and procedure will be
developed and implemented for medical isolation under the directions of
qualified health care personnel. (P) The CCF will have a written policy
and procedure requiring that the responsibility for arranging emergency
treatment of dental needs be that of the facility. (Q) The CCF will have a written policy
and procedure requiring that poison control numbers and other emergency numbers
be readily accessible to staff and clearly posted throughout the
facility. (R) Written policy and procedure will
specify that emergency mental health services for juveniles be provided by
qualified mental health professionals. (S) Written policy and procedure will
provide that when a juvenile requires medical attention in a potentially
health-threatening emergency and such treatment conflicts with the religious
tenets or practices of the juvenile's custodial parent, the CCF shall
immediately transport the juvenile to a medical facility and refer the matter,
as appropriate, to a juvenile judge in the committing county, the department,
public children services agency, or county department of job and family
services. (T) Juveniles will be provided the
opportunity for daily showers, and showers after strenuous
exercise. (U) The CCF will have a written policy
and procedure and practice that provides soap, washcloths, towels, toothbrush,
toothpaste, deodorant, shampoo, combs and personal hygiene supplies to the
juvenile. The CCF should also make provisions for routine hair care
services. (V) When there is a medical isolation
room separate from the living unit, such room shall be equipped to provide for
washing, drinking, toilet use and safety needs of the confined juvenile with
facilities for visual and audio monitoring.
Last updated December 28, 2022 at 8:46 AM
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Rule 5139-36-19 | Program.
Effective:
December 23, 2022
(A) The CCF will identify each
juvenile's needs, then provide or make referrals as appropriate, which
include, but are not limited to psychological, academic, vocational, and
personal services. (B) The CCF will have provisions for
quality assurance practices to include, but not be limited to systematic and
periodic review of juvenile's services and needs. (C) A CCF will have a written description
of the programs and services which will be offered to each juvenile at the time
of admission. (D) The CCF will develop and use
community resources either through referrals or by contractual agreement to
provide juveniles available services. (E) The CCF will maintain a periodic
inventory and assessment of community agencies. (F) The CCF will maintain and document
working relationships with community health agencies assisting juveniles in
meeting their chemical dependency and other specialized treatment
needs. (G) The CCF will create a mission
statement of purpose and a program overview that will be made available to
staff, juveniles and the public upon request. (H) The CCF will provide individual
treatment to each juvenile at a minimum of one time per week and this must be
documented. (I) Written policy, procedure, and
practice provide for a social services program that makes available a range of
resources appropriate to the needs of juveniles, including individual, group,
and family counseling; drug and alcohol treatment; family planning; HIV and
AIDS education; and special offender treatment. (J) A CCF shall provide recreational
supplies and equipment as well as the opportunity to participate in one hour of
structured planned constructive leisure time activity throughout the week, and
one hour of large-muscle recreational activity per day. (K) The CCF will employ acceptable case
and juvenile-offender management techniques to ensure a uniform approach to
juvenile supervision and treatment. (L) Within thirty days of the date of
admission of each youth, the CCF will develop and implement an individual
treatment plan for each juvenile. All key staff members will be involved in
developing and implementing the treatment plan for the juvenile and his/her
family. (M) The juvenile's treatment plan
will include, but not be limited to: (1) Presenting problem(s)
and anything which may prohibit a juvenile's success in their adjustment
to the community once released from the facility. (2) A statement of
needs. (3) Behavioral goals and
objectives that can be measured. (4) A statement of the
time frame projected for attaining the goals and objectives. (5) Specification of the
activities, such as education, counseling, recreation, vocational, visitation
with parents/guardians, medical services, food services, psychiatric and
psychological counseling and religious programming that will be provided to the
juvenile by the CCF. (6) Specification of any
specialized services that will be provided or arranged. (N) A staff member involved in the
development and implementation of the juvenile's treatment plan will
review and document the plan every thirty days. Any change in a treatment plan
when reviewed, will be discussed with the juvenile. The review is dated and
documented by staff and juvenile signatures and forwarded to the court on a
bi-monthly basis. (O) The CCF will have provisions for
juveniles to voluntarily participate in religious services and functions,
within the facility and or the community. (P) The CCF shall have a written policy
and procedure requiring that the CCF shall provide reasonable access to
religious programming. No negative consequences shall accrue from a
juveniles refusal to participate in a religious service or function. All
religions shall be accorded equal status and protection, subject to the
limitations necessary to maintain order and security. (Q) The CCF shall follow all minimum
standards, rules and requirements of the Ohio department of education, as well
as all other applicable state and federal law. (R) The CCF will have a written policy
and procedure providing that work assignments shall not conflict with minimum
education programs. (S) The CCF will contract with a valid
educational entity authorized and/or sanctioned by the Ohio department of
education for all school services. (T) The CCF will provide or make arrangements to provide
juveniles with appropriate employment development resources. (U) The CCF shall make provisions which prohibit juveniles from
performing any work prohibited by state and federal regulations and statutes
pertaining to child labor. (V) The CCF shall have a written policy, procedure, and practice
providing that juveniles employed outside the program, either full-time or
part-time, comply with all legal and regulatory requirements. (W) The CCF will have provisions to conduct exit interviews, when
practical. Copies will be retained in the juvenile's inactive file. The
exit interview will be recorded on forms created by the facility. (X) There will be a written policy and procedure for juvenile
grievances, which shall include a provision for: (1) Notification of
grievance process (2) Method of obtaining
forms to file a grievance (3) Retention of all
grievances and (4) Timelines for
processing grievances.
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Rule 5139-36-20 | Visiting and communications.
Effective:
December 23, 2022
(A) A CCF will have a written policy,
procedure, and practice concerning visits and communications between a juvenile
and family and friends, which is reviewed annually and updated as needed. The
procedures which are provided to parent(s) and juvenile will include, but not
be limited to the following: (1) Designated visiting
area (2) Designated visiting
hours to include weekends and evening hours (3) Provisions for
special visits (e.g., attorney, clergy, persons who have traveled long
distances) (B) A CCF will ensure that arrangements
for visitation between the juvenile and family or friends are not in conflict
with the individual treatment plan. Visits shall be supervised in accordance
with the treatment plan. (C) A CCF will, in accordance with the
individual treatment plan, allow a juvenile access to a telephone which will
permit the juvenile to make and receive telephone calls. (D) A CCF will, in accordance with the
individual treatment plan, provide reasonable conditions of privacy for visits
and telephone contacts. (E) A CCF will have a written policy,
procedure, and practice governing juvenile correspondence that is made
available to staff and juveniles which includes: (1) No limitation will be
placed on the amount of incoming or outgoing first-class correspondence to
juveniles. (2) Incoming
correspondence from the courts, an attorney of record, or a public official may
be opened and inspected for contraband in the presence of the
juvenile. (3) Each CCF will provide
to all juveniles the necessary writing materials, envelopes and at least two
first-class stamps per week. (F) The CCF will have a written policy,
procedure, and practice which provides that juvenile mail, both incoming and
outgoing, may be opened and inspected for contraband. (1) Mail may be read or
rejected when based on legitimate CCF interests of order and
security. (2) The juvenile is
notified when incoming mail is returned or outgoing mail is with
held. (G) All incoming and outgoing mail is
forwarded within twenty-four hours, excluding weekends and
holidays. (H) The CCF will have a written policy,
procedure, and practice providing for the forwarding of first-class letters and
packages after transfer or release of juveniles.
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Rule 5139-36-21 | Juvenile rights, control and treatment.
Effective:
December 23, 2022
(A) The CCF shall have a written policy
and procedure which prohibits facility employees from violating any civil
rights of juveniles. (B) The CCF will have a written policy to
ensure that CCF staff and the CCF program protect the following rights of
juveniles: (1) The right to a
reasonable amount of privacy. (2) The right to have
his/her opinions heard and be included, to the greatest extent possible, when
any decisions are being made which affect his/her life. (3) The right to receive
adequate and appropriate food, clothing, and housing. (4) The right to his/her
own money and personal property in accordance with the juvenile's
treatment plan. (5) The right to
participate in an appropriate educational and/or vocational
program. (6) The right to timely
medical care, dental, and mental health services. (7) The right to
reasonable and confidential access to counsel through attorneys and their
authorized representatives as well as access to courts and legal
materials. (8) The right to
appropriate family contact through visitation, mail and telephone and access to
parents or legal guardians. (9) The right to access
to obstetrical, gynecological, family planning, health education, and pregnancy
management services for female juveniles. (10) The right to report
incidents of sexual abuse, sexual assault and sexual harassment to a designated
staff member other than an immediate point-of-contact line staff
member. (C) The CCF will have a written policy, procedure and practice
when allowing freedom in personal grooming and dress except when a valid
interest justifies otherwise. (D) The CCF will have written policies and procedures regarding
the photographing and audio or audio-visual recordings of juveniles in their
custody which require that: (1) The written consent
of a juvenile and the juvenile's parent(s) or guardian be obtained before
the juvenile is photographed for fund raising or program publicity
purposes. (2) All photographs and
recordings are used in a manner which respects the dignity and confidentiality
of the juvenile. (E) The CCF will have written policies protecting juveniles from
being used as human subjects and regarding the participation of juveniles in
research projects. (F) A CCF will develop and implement, a written set of policies
and procedures regarding discipline, control and treatment of juveniles. These
policies and procedures will be explained to each juvenile, all staff, and a
copy provided to persons or agencies who desire to place a juvenile at the
CCF. (G) The discipline policies and procedures of the CCF will
incorporate the philosophy that discipline is to be both constructive and
educational in nature. The CCFs discipline policies and procedures will
prohibit all acts of punishments including, but not limited to: (1) Any type of physical
punishment inflicted in any manner upon the body such as spanking, punching,
paddling, shaking, biting, or roughly handling a juvenile. (2) The assignment of
physically strenuous harsh work or exercises, when used solely as a means of
punishment (3) Requiring or forcing
a juvenile to maintain an uncomfortable position, such as squatting or bending,
or requiring a juvenile to continuously repeat physical movements when used
solely as a means of punishment. (4) Group punishments for
the behavior of an individual, except in accordance with a recognized
therapeutic modality and as described by written CCF policy. (5) Verbal abuse or
derogatory remarks. (6) Denial of planned and
required recreational activity. (7) The denial of social
or casework services, medical treatment, or educational services. (8) The deprivation of
meals, although scheduled meals may be provided individually. (9) The denial of
sleep. (10) The denial of
shelter, clothing, bedding, or restroom facilities. (11) Inappropriate or
intentionally painful physical restraint. (12) Organized social
ostracism, such as codes of silence. (13) The use of chemical
restraints, except by order of a physician. (14) The use of
mechanical restraints. (H) Discipline will be delegated only to persons who are
employees of the CCF. Juveniles will not discipline other juveniles except as
part of an organized self-government program that is conducted in accordance
with written policy and directly supervised by designated staff of the
CCF. (I) Written policy, procedure and practice provide that the
facility does not discriminate on the basis of race, religion, national origin,
gender, sexual orientation or disability. (J) Room confinement, as defined in
paragraph (DD) of rule 5139-36-01 of the Administrative Code, shall not be used
for reasons other than a temporary response to behavior that threatens
immediate harm to a child or others.
Last updated December 28, 2022 at 8:47 AM
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Rule 5139-36-22 | Evaluation and data collection.
Effective:
December 23, 2022
(A) A CCF will have written policies
procedures and practices to ensure the following: (1) All juveniles that
receive program services will be entered into a management information system
authorized by the department of youth services. (2) Intake/termination
forms will be completed and entered into the system determined by the
department of youth services within the required allotted time. (3) Case file information
will be accurate when compared to DYS management information
system. (4) Each program will
designate a staff position or person for data entry and/or
coordination. (B) The facility or parent agency
collaborates with juvenile justice and service agencies in information
gathering, exchange, and standardization.
Last updated December 28, 2022 at 8:47 AM
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