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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 5139-36 | Community Corrections Facility

Rule 5139-36-01 | Definitions.

(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 parole, 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 parole, 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 case management 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, 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 must 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 must 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-02 | Administration of community corrections facilities: responsibilities of the department.

The department shall 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 shall 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 shall 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 parole, courts and community , through the bureau of community facilities shall be charged with the inspection, supervision and approval of CCFs.

(2) The bureau shall 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 shall 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 shall 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 shall prepare a written report of its inspection. The report shall include any findings of non-compliance and shall be sent to the administrator of the CCF.

(9) The bureau shall 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 shall be done in cooperation with the grantee.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 3/30/1992 (Emer.), 12/30/2012
Rule 5139-36-03 | Administration of community corrections facilities: responsibilities of the grantee.

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 shall 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. The juvenile judges shall perform their duties on the board in their official capacity.

(2) The governing board shall appoint and fix the compensation of the director of the facility and program and other professional, technical, and clerical employees who are necessary to properly maintain and operate the facility and program. The director, under the supervision of the executive board and subject to the Ohio department of youth services grant agreement and administrative rules, shall control, manage, operate, and have general charge of the facility and program, and shall have the custody of its property, files and records.

(3) The governing board shall review and approve policies and procedures to be set forth in a policy and procedure manual for the facility.

(4) The governing board shall review and approve the criteria used to admit youth to the facility.

(5) The governing board shall 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.

(6) 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall be done in conjunction with the department.

(2) The facility shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 10/25/2002, 2/7/2014
Rule 5139-36-04 | Non-Approval Appeal process.

(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 shall conduct a hearing to consider merits of the appeal. A decision shall be rendered within thirty days of the hearing and 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 3/30/1992 (Emer.), 2/3/2004
Rule 5139-36-05 | Fiscal management and budgetary requirements.

(A) The CCF shall have a fiscal system that accounts for all income and expenditures on an ongoing basis.

(B) The CCF administrator shall prepare a written, annual budget of anticipated expenditures for approval by the governing jurisdiction.

(C) The CCF shall 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 shall implement a procedure that provides for the requisition and purchase of supplies, equipment, inventory and control.

(E) The CCF shall 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 shall have a written policy, procedure, and practice that prohibits financial transactions between juveniles, juveniles and staff, or juveniles and volunteers.

(H) The CCF shall work to maintain at least a ninety percent occupancy rate on monthly basis. Upon receipt of the quarterly request from the CCF, the 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 shall be annual, based on the state fiscal year. The grant budgets shall include budget schedules and narratives. The facility shall 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 shall 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 shall 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 must 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, shall be listed in the 2100 line under supplies and materials.

(6) Total expenditures submitted to the department shall 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 shall 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 shall be identified by line item to reduce expenditures or expanded program services. The facility shall 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 shall be considered routine. Expenses incurred in the event of hospitalization, or other extraordinary type of medical treatment, shall 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 shall 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 must 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 shall 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 must be encumbered by June thirtieth of the grant year. All expenditures must 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 shall adjust the current year's allocation by the amount of carryover from the previous year.

(15) CCF shall 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 must maintain accurate accounting records which indicate all income and expenditures for the grant.

(3) The records must 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 must be supported with documentation to provide a clear audit trail for every financial transaction.

(K) Cash balances. Cash balances must be reconciled with the county auditor records monthly.

(L) Inventory

(1) Proper inventory schedules must be maintained separately for all equipment items purchased with grant funds. Inventories shall be submitted to the department each September with the annual report. Inventories must 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 must be maintained on the disposition of all equipment removed from the facility. The department shall 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, shall benefit the program or be returned to the department.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-06 | Allowable and non-allowable expenses.

(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 shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 6/25/1992, 12/30/2012
Rule 5139-36-07 | Audit process.

(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 shall be issued which shall 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 shall be submitted to the department within sixty days of receipt of the formal audit report.

(D) Audit findings. Once resolved, fiscal findings shall be refunded to the department within forty-five days of notification unless an appeal of the finding is filed.

(1) The governing countys fiscal agent shall be required to refund to the department from the governing countys 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 must follow department process and timelines. Appeals must be submitted to the director, department of youth services, or designee.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 2151.151, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 3/30/1992 (Emer.), 6/25/1992, 10/20/2007
Rule 5139-36-08 | Administration and management.

(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 shall have a policy and procedure manual that is approved by the governing authority and made available to all staff. The policy and procedure manual shall include the philosophy, goals and purpose and service of the facility and approved methods of implementation. The policy and procedure manual shall be reviewed annually and updated as necessary.

(C) The CCF shall 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 shall:

(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 shall 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 shall 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 shall document efforts to conduct a continuing planned program of public information and education.

(H) The CCF shall clarify its relationship to all funding and regulatory agencies and document its relationship through written contracts or letters of mutual agreement.

(I) The CCF shall have a written policy, which ensures there will be no abuse of juveniles, conforming to governmental statutes and regulations.

(J) The CCF shall have written policy and procedure to guard against conflicts of interest. This policy shall be contained within a code of ethics to be adopted by the CCF. This code shall include, but not be limited to the following.

(1) The CCF staff shall 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 shall give any gifts, favors, or services to juveniles, their families or close associates.

(3) No CCF employee shall enter into any business relationship with juveniles or their families (e.g., selling, buying, or trading personal property).

(4) No CCF employee shall have an outside contact (other than incidental contact) with a juvenile, ex-juvenile under supervision, his 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 shall ensure that the conduct of all employees is consistent with the terms, conditions, and spirit of the grant. All employees shall 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 shall be reported to the bureau chief of community facilities within two business days.

(K) The CCF facility shall 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 shall 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 shall develop annual goals and objectives and submit these goals and objectives upon request to the bureau chief of community facilities.

(O) The CCF shall display the facility approval certificate by the department of youth services.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-09 | Personnel.

(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 shall 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, shall 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 employees failure to report criminal convictions or moving traffic violations shall be considered cause for progressive discipline, including separation from employment.

(2) The CCF shall require that prospective employees, who will have direct contact with the juvenile population, receive a physical examination.

(E) The CCF shall make provisions for subsequent record checks to be done annually, for at least ten per cent of all employees.

(F) The CCF shall 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 shall 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 shall be one staff member for every eight youth.

(2) Gender appropriate staff supervision shall be on duty at all times when female and male juveniles are present.

(3) A ratio of sixteen youth to one staff member shall be required for sleeping hours.

(4) Staffing patterns shall 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 shall 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 shall 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 shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Rule 5139-36-10 | Training and staff development.

(A) The CCF shall implement written policies, procedures and practices for the training of all personnel.

(B) The training plan shall be reviewed and updated based on an annual assessment that identifies current job-related training needs.

(C) The CCF shall 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 shall receive a formal orientation appropriate to their assignment and shall receive additional training as needed.

(D) All direct care staff shall receive at least forty hours of training on an annual basis exclusive of their eighty hours of orientation training. Training shall 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 life style of the juvenile population

(14) Child growth and development

(15) Communications skills

(16) Suicide assessment and prevention

(E) All full-time support employees who have minimal or no contact with juveniles shall receive forty hours of orientation training and at least sixteen hours of training on an annual basis.

(F) All administrative, managerial, and professional staff shall receive twenty hours of training annually exclusive of the forty hours of training required the first year of employment. Training shall 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 shall 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 employees initial orientation period and thereafter, annually.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-11 | Citizen and volunteer involvement.

(A) A CCF shall have a written policy regarding the use of volunteers.

(B) If volunteers are used, the CCF shall:

(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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5130.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/7/2014
Rule 5139-36-12 | Records.

(A) The CCF shall have a written procedure governing case record management which is reviewed annually. The procedure shall 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 shall 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 shall 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 shall 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) Individual case management plan

(9) Progress reports

(10) Signed release of information forms when required

(11) Rules of residency and disciplinary policy, signed by juvenile

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Rule 5139-36-13 | Physical plant.

(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 shall 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 shall 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 shall 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, shall provide an alternative power source which includes provision for heating, lighting and food service.

(E) The CCF shall 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 shall include location of fire extinguishers, first aid kits, and other available, essential life-safety equipment.

(F) The CCF shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall be laundered weekly. Bedding and mattresses shall be sanitized prior to reissue.

(N) Within reasonable limits, the juveniles shall 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 shall have a door; toilets shall 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 shall 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 shall be in close proximity to the living unit and shall provide for washing, drinking, toilet and safety needs of the confined juvenile.

(Y) With the exception of the auditorium/gymnasium, the CCF shall 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 shall have an outdoor recreation area that is well maintained and adequately designed to accommodate regularly scheduled recreation and group athletic activities.

(BB) The CCF shall provide adequate storage space for the following:

(1) Operational and administrative supplies

(2) Storage of juveniles 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 shall have a written policy, procedure, and practice that shall 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 shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Rule 5139-36-14 | Safety and emergency procedures.

(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 shall 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 shall 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 shall 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 shall maintain a document, process and report all incidents and emergencies to the department in accordance with department guidelines.

(2) Critical incidents. Critical incidents shall be reported immediately to the ODYS bureau of community facilities. Written incidents shall follow all verbal notification.

(G) Absconders

(1) Prevention

(a) A youth movement sheet shall be utilized for juveniles in the facility and those juveniles who are outside the facility in authorized programs. The movement sheet at a minimum shall include youth name, time departed, expected return time, destination and who the youth is with.

(b) Regular population counts will be conducted by facility staff. All population counts will be conducted and documented in accordance with the facility policy and procedures.

(c) The facility shall have a verification procedure for juveniles who are on an authorized leave from the facility. The verification procedure will be in accordance with facility policy and procedures.

(d) A verification process shall be implemented at the facility that provides location verification for all juveniles committed to the community correction facility. The verification process shall be thoroughly outlined in the facility's policy and procedures.

(2) Detection

(a) Should any verification process indicate a juveniles absence, the CCF staff on duty shall immediately attempt to locate the individual by searching the facility and calling parents, guardians, friends, employer and the last destination signed on an itinerary sheet.

(b) In the event contact is made with the juvenile within an hour of the expected time of return, the juvenile shall be instructed to return to the CCF immediately. An agreed upon deadline shall be established for the juveniles return, not to exceed one hour.

(c) A juvenile who fails to return, or where indication exists that the juvenile will not return, will be declared an absconder.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.36, 5139.33
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004, 2/7/2014
Rule 5139-36-15 | Security and control.

(A) The CCF shall 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" shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall 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 shall have written policy and procedures governing safety and security precautions for agency vehicles.

(19) The CCF shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-16 | Food service.

(A) The CCF shall have a written policy, procedure and practice requiring that all juveniles shall be provided, three meals and a snack, daily. Menus shall be reviewed annually by a licensed dietitian or the responsible health care authority to ensure nationally recommended food allowances.

(B) The CCF shall have a written policy and procedure requiring that any CCF juvenile in need of medically prescribed therapeutic diets shall have documentary evidence that such diets are provided as ordered by the responsible health care authority or a licensed dietitian.

(C) The CCF shall 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 shall have a written policy that prohibits meals being used in any punitive manner as a consequence of behavior.

(E) The CCF shall have a written policy and procedure that specifies that food service shall be properly supervised and shall comply with the applicable sanitation and health codes, as promulgated by state and local authorities.

(F) The CCF shall 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 shall have a written policy and procedure specifying that juveniles shall be encouraged to eat a variety of food served, but no juvenile shall be subjected to coercion, including forced feeding for refusing to eat, unless for medical or treatment-related reasons.

(H) The CCF shall 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 shall 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 shall be made available at regular times during each twenty-four hour period. At least two of these meals shall 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 shall 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 facilitys 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5130.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/7/2014
Rule 5139-36-17 | Admissions and discharge.

(A) A CCF shall have written admission criteria that is reviewed by the departments 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 juveniles 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 shall 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 shall 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 shall have a written policy and procedure providing that at the time of admission, each juvenile shall 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 juveniles 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 shall have a handbook for juveniles and for the parent or guardian of each juvenile. This handbook shall summarize the information covered by the CCFs statement of purpose and program. In addition, the handbook shall 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 shall provide a handbook to each juvenile and his or her parents or guardians, within seventy-two hours following admittance.

(K) The CCF shall 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 juveniles case management plan.

(L) When a juvenile is discharged, the CCF shall prepare, within seven business days following the date of discharge, a written discharge summary. A copy of the discharge summary shall 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 shall, 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 shall be documented in the juveniles 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-18 | Medical and health care services.

(A) The CCF shall 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 shall ensure twenty-four hour availability of consultation, advice and emergency service response. Such resources shall be located in the same or nearby community.

(B) The CCF shall 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 shall have a written policy and procedure providing for the prompt notification of juveniles parents/guardians and responsible agency in case of serious illness, serious surgery, serious injury or death.

(D) The CCF shall have a written policy and procedure requiring that, following the admission of a juvenile, CCF staff shall 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 shall 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 physicians orders.

(F) The CCF shall have a written policy and procedure requiring that a medical record be maintained on each juvenile which shall include pertinent information concerning illnesses, communicable diseases, physical abnormalities, allergies and the administration of treatment.

(G) The CCF shall 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 shall 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 shall 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 shall 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 shall have a written policy and procedure requiring that juveniles be informed of the procedures for gaining access to medical services.

(L) The CCF shall 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 shall have a written policy and procedure requiring that in consultation with the juveniles 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 shall a facility begin, alter or suspend a juveniles medication without the approval of a physician.

(O) Written policy and procedure shall be developed and implemented for medical isolation under the directions of qualified health care personnel.

(P) The CCF shall 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 shall 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 shall specify that emergency mental health services for juveniles be provided by qualified mental health professionals.

(S) Written policy and procedure shall 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 juveniles 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 childrens services agency, or county department of job and family services.

(T) Juveniles shall be provided the opportunity for daily showers, and showers after strenuous exercise.

(U) The CCF shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004, 2/7/2014
Rule 5139-36-19 | Program.

(A) The CCF shall identify each juveniles needs, then provide or make referrals as appropriate, which include, but are not limited to psychological, academic, vocational, and personal services.

(B) The CCF shall have provisions for quality assurance practices to include, but not be limited to systematic and periodic review of juveniles services and needs.

(C) A CCF shall have a written description of the programs and services which shall be offered to each juvenile at the time of admission.

(D) The CCF shall develop and use community resources either through referrals or by contractual agreement to provide juveniles available services.

(E) The CCF shall maintain a periodic inventory and assessment of community agencies.

(F) The CCF shall maintain and document working relationships with community health agencies assisting juveniles in meeting their chemical dependency and other specialized treatment needs.

(G) The CCF shall create a mission statement of purpose and a program overview that shall be made available to staff, juveniles and the public upon request.

(H) The CCF shall 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 shall 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 shall develop and implement an individual treatment plan for each juvenile. All key staff members shall be involved in developing and implementing the treatment plan for the juvenile and his/her family.

(M) The juveniles treatment plan shall include, but not be limited to:

(1) Presenting problem(s) and anything which may prohibit a juveniles 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 juveniles treatment plan shall review and document the plan every thirty days. Any change in a treatment plan when reviewed, shall 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 shall 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 shall 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 shall 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 shall have provisions to conduct exit interviews, when practical. Copies shall be retained in the juveniles inactive file. The exit interview shall be recorded on forms created by the facility.

(X) There shall be a written policy and procedure for juvenile grievances, which shall included 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004, 2/7/2014
Rule 5139-36-20 | Visiting and communications.

(A) A CCF shall 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 shall 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 shall 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 shall, 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 shall, in accordance with the individual treatment plan, provide reasonable conditions of privacy for visits and telephone contacts.

(E) A CCF shall have a written policy, procedure, and practice governing juvenile correspondence that is made available to staff and juveniles which includes:

(1) No limitation shall 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 shall provide to all juveniles the necessary writing materials, envelopes and at least two first-class stamps per week.

(F) The CCF shall 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 shall have a written policy, procedure, and practice providing for the forwarding of first-class letters and packages after transfer or release of juveniles.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004
Rule 5139-36-21 | Juvenile rights, control and treatment.

(A) The CCF shall have a written policy and procedure which prohibits facility employees from violating any civil rights of juveniles.

(B) The CCF shall 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 juveniles 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 shall 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 shall 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 juveniles 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 shall have written policies protecting juveniles from being used as human subjects and regarding the participation of juveniles in research projects.

(F) A CCF shall develop and implement, a written set of policies and procedures regarding discipline, control and treatment of juveniles. These policies and procedures shall 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 shall incorporate the philosophy that discipline is to be both constructive and educational in nature. The CCFs discipline policies and procedures shall 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 shall be delegated only to persons who are employees of the CCF. Juveniles shall 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 shall not be used for punishment, administrative convenience, retaliation, staffing shortages absent exigent circumstances, or reasons other than a temporary response to behavior that threatens immediate harm to a child or others.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/7/2014
Rule 5139-36-22 | Evaluation and data collection.

(A) A CCF shall have written policies procedures and practices to ensure the following:

(1) All juveniles that receive program services must be entered into a management information system authorized by the department of youth services.

(2) Intake/termination forms shall be completed and entered into the MIS within fourteen days unless a written waiver is granted from the bureau of community based programs (BCBP).

(3) Case file information will be accurate when compared to DYS management information system.

(4) Each program shall 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.

Supplemental Information

Authorized By: 5139.04
Amplifies: 5139.23, 5139.33, 5139.36
Five Year Review Date: 10/6/2022
Prior Effective Dates: 2/3/2004