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| Rule |
Rule 5139-37-01 | Definitions.
Effective:
February 1, 2024
(A) The following are definitions used in
this chapter. Bureau of criminal identification and
investigation: the office of the attorney general that conducts background
checks, receives and files fingerprints, photographs and other information
pertaining to arrested felons and advises arresting officials of the facts
pertaining to previous arrests or convictions. Chemical or medical restraint: a form of medical
restraint in which a drug is used to sedate or restrict the freedom of movement
of children. The medication used is not part of the child's normal medical
treatment. Child: an individual under the jurisdiction of
the juvenile court up to the age of twenty-one. As defined in division (C) of
section 2152.02 of the Revised Code. Contraband: any item possessed by a confined
juvenile or found that is illegal by law or expressly prohibited by those
legally charged with the administration and operation of the facility or
program. Caustic materials: corrosive substances that can
destroy or eat away by chemical reaction (e.g. lye, caustic soda, sulfuric
acid). Chemical agent: any chemical spray, gas, or
powder used to temporarily incapacitate a person, including oleoresin capsicum
(pepper spray), tear gas, and 2-chlorobenzalonitrite gas. Department: the Ohio department of youth
services. Detention center: a facility established under
section 2152.41 of the Revised Code for the care and temporary confinement of
children, as defined in division (C) of section 2152.02 of the Revised Code
under the jurisdiction of the juvenile court, alleged to be delinquent, or who
are pending court adjudication, or disposition or as a result of a juvenile
sentence for a defined term. Detention director: interchangeable with the
title superintendent, the on site final administrative authority at a detention
center. Direct care staff: staff who are responsible and
trained to provide in-person supervision of and interaction with children in
housing units, recreational areas, dining areas, and other programs areas of
the facility. Emergency: any significant disruption of normal
facility or agency procedure, policy or activity caused by a riot, escape,
fire, natural or man-made disaster, employee actions, self-injurious or
suicidal behavior, or other serious incident. Emergency care: care for an acute illness or
unexpected health care need that cannot be deferred until the next scheduled
sick call. Emergency plans: written documentation that
address specific actions to be taken in an institutional emergency or
catastrophe such as a fire, flood, riot, or other major disruption. Exigent circumstances: An emergency situation
that calls for immediate action in order to combat a threat to the security of
institutional order of a facility including but not limited to inadequate
staffing levels, escape, or other unforseen circumstances. Grievance: a complaint or formal notice of a
circumstance or action considered to be unjust and grounds for
complaint. Health authority: 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 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. Health care: the sum of all actions taken,
preventive and therapeutic, to provide for the physical and mental well-being
of a population. Includes access to medical and dental services, mental health
services, nursing, personal hygiene, dietary services, and environmental
conditions. Magnetometer: an instrument for detecting the
presence of ferrous or magnetic materials, esp. one used to detect concealed
weapons. Mandatory standard: describes minimal
professional standards that address conditions of confinement. Ohio Administrative Code: codified administrative
rules, adopted by an administrative agency pursuant to authority granted by the
general assembly to carry out the policies and intent of a statute enacted by
the general assembly. Ohio Revised Code: all statues of a permanent and
general nature of the state as revised and consolidated into general provision,
titles, chapters, and sections shall be known and designated as the
"Revised Code," for which designation "R.C." may be
substituted. Orientation and pre-service training: the process
following the initial hiring process by which a newly hired employee is
informed about the facility, of his/her employment, and the facility programs,
policies, procedures, and expectations. PCSA: public children services agency: the
children's services board or a county department of human services that
has assumed the administration of the children's services function
prescribed by Chapter 5153. of the Revised Code. PCPA: private child placing agency - any
association, as defined in section 5103.02 of the Revised Code that is
certified pursuant to sections 5103.03 to 5103.05 of the Revised Code to accept
temporary, permanent, or legal custody of children and place the children for
either foster care or adoption. Physical force: physical contact between staff
and child to protect the child from harming himself, herself, or others, to
stop a child who presents danger of escape, or property destruction that
involves threat to the child's safety or the safety of others in
accordance with policy and procedures. PNA: private non-custodial agency: an agency
defined in division (A)(4) of section 2151.011 of the Revised Code. PREA: Prison Rape Elimination Act: as codified in
42 USC Chapter 147, Sections 15601 et. seq (September 4, 2003). Recommended standard: describes what are
considered generally accepted practices for detention centers. Status offender: a child charged with a violation
of a law or municipal ordinance that would not be a criminal offense if
committed by an adult. Examples would be truancy or unruly offenses. Searches: Frisk search: a routine search of a
juvenile's person, which involves physical contact with the
juvenile's outer clothing. The juvenile is not required to remove
clothing, with the exception of shoes, hat, and/or jacket. Hygiene search: an over all inspection of the
skin and hair of a person to look for communicable diseases, parasitic
infestations or signs of abuse, or contraband. Strip search: an inspection of the genitalia,
buttocks, breasts, or undergarments of a person that is preceded by the removal
or rearrangement of some or all of the person's clothing that directly
covers the person's genitalia, buttocks, breasts, or undergarments. Body cavity search: an inspection of the anal or
vaginal cavity of a person that is conducted visually or manually, by means of
any instrument, apparatus, or object, or any other manner. (section 2933.32 of
the Revised Code) Room confinement: the involuntary restriction of
a child in a cell, room or other area identified by the detention director or
designee where egress is blocked and the child is separated from the general
population as a temporary response to behavior that threatens immediate harm to
a child or others. Medical isolation: the separation of a child from
the general population due to medical concerns or as ordered by the medical
health authority. Self confinement: a voluntary request by the
child to remain or be placed in a cell or room where egress is blocked. Qualified medical professional: an individual
licensed to provide medical services in accordance with state law and who has
adequate education, training and experience to perform the duties required in
accordance with professional standards. Time out: a brief removal of a child from general
population and into a separate area where egress is not blocked. Toxic materials: substances that through chemical
reaction or mixture can produce possible injury or harm to the body by entering
through the skin, digestive tract, or respiratory tract (e.g., zinc, chromed
paint, ammonia, chlorine, antifreeze, herbicides, pesticides). Training: an organized, planned, and evaluated
activity designed to achieve specific learning objectives. Training may occur
on-site at any academy or training center, at an institution of higher
learning, at national, state, and local training conferences / seminars,
through contract service at professional meetings, or through closely
supervised on-the-job training. Meetings of professional associations are
considered training when there is clear evidence of any of the above
elements. Verbal strategies: verbal de-escalation
techniques designed to redirect a child's behavior.
Last updated February 1, 2024 at 8:57 AM
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Rule 5139-37-02 | Approval process.
Effective:
October 31, 2000
(A) Application (1) Any detention center which believes that it meets the requirements of Chapter 5139-37 of the Administrative Code, may apply for approval and financial assistance on forms provided by the department. (2) A new applicant may apply to the department at any time. However, a period of sixty days may be required to process the application. (3) Renewal applicants should submit, on an annual basis, a formal application on forms provided by the department, sixty days prior to the expiration of their current approval. (4) All information requested on the application and supporting schedules shall be completed by the applicant. Information requested on the application and supporting schedules, which does not apply to the applicant, shall be indicated as "not applicable." (5) The application must be signed by the appropriate authority and forwarded to the department. (6) A budget worksheet will be provided by the department with the application form and will be used to determine the eligibility of funding sources and operating expenses. Information is to be furnished for the proposed fiscal budget and the prior completed fiscal year of operation. (a) Funding sources - All sources of funding are to be reported on the budget worksheet in order that eligibility for funding by the department may be determined. (i) Nongeneral revenue funds - For purposes of subsidy allocation determination, the following are considered to be nongeneral revenue funds: (a) Federal grants; (b) State of Ohio grants; (c) Support payments by the guardian of the committed child; (d) Per diem charges received; (e) All other funding sources, except county general revenue. (ii) Eligible funds - The determination of eligibility shall be funds generated through the county general revenue fund. This also includes appropriated funds to be used as matching and in-kind funds for various federal and state subsidies and rotaries designed to fund the detention center. (b) Operating expenses - All anticipated expenditures for the proposed fiscal year shall be reported in the budget worksheet in the categories indicated. A chart of accounts will be provided by the department with the application form and shall be used to determine what category various expenses are to be reported under. (B) Procedure for approval (1) As part of the application process, staff of the department will make an on-site visit to the facility and review supporting materials to determine the agency's compliance with the standards as set forth in Chapter 5139-37 of the Administrative Code. (2) The department shall make a decision on the application and send one of the following to the applicant: (a) A notice of approval if the applicant meets standards set forth in Chapter 5139-37 of the Administrative Code. The approval is effective on the date of the signature of the director. (b) A provisional approval if the applicant is temporarily unable to comply with one or more standards. The provisional approval will have a plan approved by the department to correct the areas of noncompliance in a stated time period. The provisional approval shall be issued for no more than six months and is not renewable. (c) A notice of nonapproval if the applicant has not demonstrated its compliance with the standards set forth in Chapter 5139-37 of the Administrative Code. The notice of nonapproval shall cite the standard(s) which has/have not been met and shall be sent by certified mail. (3) A notice of nonapproval is effective in thirty days unless appealed to the director of the department. Such appeal shall include the right to have a peer review under the provisions of paragraph (D)(1) of this rule. (4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the detention center or order that a hearing be conducted to consider legal or factual issues of the appeal. (5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the detention center within thirty days of the hearing. The decision of the director shall be final. (C) Duration of approval (1) All approvals will automatically expire one year from the date of issuance, unless revoked sooner or unless an application for reapproval has been timely received and has not been finally acted upon. (2) The department shall be advised, in writing, of any proposed operational change of the detention center so that the department can determine whether the change is in conformance with Chapter 5139-37 of the Administrative Code. (D) Revocation of approval (1) If the department believes that a detention center is in violation of provisions of Chapter 5139-37 of the Administration Code, it will inform the detention center of its intention to issue a letter of revocation under provisions of paragraph (D)(2) of this rule. The detention center will be informed of its right to request a peer review. The department shall establish policy and procedure which govern: (a) the decision to grant a peer review; and (b) the peer review process. (2) The failure of a detention center to maintain compliance with the provisions of Chapter 5139-37 of the Administrative Code may result in the revocation of approval of the detention center. Such revocation shall be in writing, specifying the provision(s) of Chapter 5139-37 of the Administrative Code which has/have been violated. (3) A revocation is effective in thirty days unless appealed to the director of the department. (4) Within thirty days following the receipt of the appeal, the director shall render a decision in writing by certified mail to the detention center or order that a hearing be conducted to consider legal or factual issues of the appeal. (5) If a hearing is conducted, the director shall render a decision in writing by certified mail to the detention center within thirty days of the hearing. The decision of the director shall be final.
Last updated December 6, 2023 at 12:18 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/11/1988
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Rule 5139-37-03 | Administration, organization and management.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) The detention center
and its programs are managed by a single administrative officer to whom all
employees or units of management are responsible. A court of jurisdiction or
joint board of trustees shall have authority over the detention
center. (2) There is a policy
manual that delineates written policy and procedure for operating and
maintaining the detention center. The manual is explained and made accessible
to all employees. There is an organizational chart for the detention center
staff that accurately reflects the structure of authority, responsibility and
accountability within the detention center. (3) The detention center
meets all applicable licensing requirements of the jurisdiction in which it is
located. (4) A child alleged to
be or adjudicated a neglected, abused, or dependent child may not be held in an
adult facility, a secured correctional facility, or a detention facility
(section 2151.312 of the Revised Code). (5) There exists a written statement that describes the
philosophy, goals or purposes of the detention center, which is reviewed at
least annually and updated if necessary. The detention center director
formulates and reviews specific facility goals and objectives. Employees should
be encouraged to participate in the formulation of facility goals and
objectives. (B) The following standards are
recommended: (1) Written policy and procedure provide
for a communication system within the detention center that requires, at a
minimum, that the detention center director meet at least monthly with
supervisors and key staff. In addition, supervisors will meet with staff
members. (2) Written policy, procedure and
practice demonstrate that employees participate in the formulation of policies,
procedures and programs.
Last updated February 1, 2024 at 8:58 AM
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Rule 5139-37-04 | Fiscal management.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) Written policy and
procedure provide that all monies collected at the detention center are placed
in an officially designated and secure location daily. (2) A child's funds
held by the detention center are controlled by generally accepted accounting
procedures. (B) The following standards are
recommended: (1) The detention center
shall have an accounting system designed to show the current status of income
and expenditures. (2) Written policy and
procedure and practice provide that the detention center director is
responsible for fiscal management and control. Management of fiscal operations
may be delegated to a designated staff person. (3) Written policy and
procedure and practice provide that the detention center director shall prepare
a written, annual budget of anticipated expenditures for approval of the
governing jurisdiction. (4) Written policy and
procedure and practice cover at a minimum the following fiscal areas: internal
controls, petty cash, bonding for all appropriate staff, signature control on
checks, and the issuing or use of vouchers. (5) Written policy and
procedure shall provide that the facility's budget request complies with
policies, procedures and instructions of the jurisdiction which the detention
center is a part. (6) Written policy,
procedure and practice govern inventory control of property, supplies, and
other assets. Inventories are conducted at time periods stipulated by
applicable statutes every two years. (7) Written policy,
procedure and practice govern the requisition and purchase of supplies
equipment, including at a minimum the purchasing procedures and criteria for
the selection of bidders and vendors. (8) Written policy,
procedure and practice provide for institutional insurance coverage, including
at a minimum the following: worker's compensation, general liability for
employees, automobile liability, civil liability, and public employee blanket
bond. (9) If there is a
commissary or canteen, strict controls are maintained over its operation and
generally accepted accounting procedures are followed. (10) Written policy,
procedure and practice prohibit any financial transactions between juveniles,
between juveniles and staff, and between juveniles and volunteers. (11) Written policy,
procedure and practice provide an independent financial audit of the detention
center. This audit is to be conducted at least every two years. (12) Written policy,
procedure and practice regulate position control regarding position allocation,
budget authorization, personnel records, and payroll
Last updated February 1, 2024 at 8:58 AM
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Rule 5139-37-05 | Personnel.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) A detention center
shall follow the bureau of criminal identification (BCII) and investigation
process to conduct a criminal record check with respect to any prospective
employee who has applied to the detention center for appointment or
employment. (2) The detention center
shall inform each prospective employee at the time of initial application, that
as a precondition to being approved for that position: (a) The person is required to complete the BCII prescribed
criminal records check form and provide a set of fingerprint impressions;
and (b) A criminal records check is required to be conducted by
BCII. (c) A test for illegal drug use shall be completed. (3) A detention center
shall document that any person hired after October 29, 1993 as director, child
care staff, caseworker, or in any other position responsible for a child's
care in out-of-home care shall not have been convicted of or pleaded guilty to
any of the offenses listed in paragraph (A)(4)(a) of this rule. (4) Except as provided in
paragraph (A)(5) of this rule, a detention center shall not, as of October 29,
1993, hire a prospective employee as director, child care staff, caseworker, or
in any other position responsible for a child's care in out-of-home-care
if the person has been convicted of or pleaded guilty to any of the following
offenses: (a) A violation of section 2903.01 (aggravated murder), 2903.02
(murder), 2903.03 (voluntary manslaughter), 2903.04 (involuntary manslaughter),
2903.11 (felonious assault), 2903.12 (aggravated assault), 2903.13 (assault),
2903.16 (failing to provide for a functionally impaired person), 2903.21
(aggravated menacing), 2903.34 (patient abuse or neglect), 2905.01
(kidnapping), 2905.02 (abduction), 2905.05 (criminal child enticement), 2905.32
(trafficking in persons), 2907.02 (rape), 2907.03 (sexual battery), 2907.04
(unlawful sexual conduct with a minor), 2907.05 (gross sexual imposition),
2907.06 (sexual imposition), 2907.07 (importuning), 2907.08 (voyeurism),
2907.09 (public indecency), 2907.21 (compelling prostitution), 2907.22
(promoting prostitution), 2907.23 (procuring), 2907.25 (prostitution - after
positive HIV test), 2907.31 (disseminating matter harmful to juveniles),
2907.32 (pandering obscenity), 2907.321 (pandering obscenity involving a
minor), 2907.322 (pandering sexually oriented matter involving a minor),
2907.323 (illegal use of minor in nudity-oriented material performance),
2911.01 (aggravated robbery), 2911.02 (robbery), 2911.11 (aggravated burglary),
2911.12 (burglary), 2919.12 (unlawful abortion), 2919.22 (endangering
children), 2919.24 (contributing to unruliness or delinquency of a child),
2919.25 (domestic violence), 2923.12 (carrying concealed weapons), 2923.13
(having weapons while under disability), 2923.161 (improperly discharging
firearm at or into a habitation, in a school safety zone, or with intent to
cause harm or panic to persons in a school building or at a school function),
2925.02 (corrupting another with drugs), 2925.03 (trafficking, aggravated
trafficking in drugs), 2925.04 (illegal manufacture of drugs - illegal
cultivation of marihuana - methamphetamine offenses), 2925.05 (funding,
aggravated funding of drug or marihuana trafficking), 2925.06 (illegal
administration or distribution of anabolic steroids), or 3716.11 (placing
harmful or hazardous objects in food or confection) of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed prior to July 1,
1996, a violation of section 2919.23 (interference with custody) of the Revised
Code that would have been a violation of section 2905.04 of the Revised Code as
it existed prior to July 1, 1996, had the violation been committed prior to
that date, a violation of section 2925.11 (possession of controlled substances)
of the Revised Code that is not a minor drug possession offense, or felonious
sexual penetration in violation of former section 2907.12 of the Revised
Code; (b) A violation of an existing or former law of this state that
is substantially equivalent to any of the offenses listed in paragraph
(A)(4)(a) of this rule. (5) A prospective
employee convicted of or who has pleaded guilty to an offense listed in
paragraph (A)(4)(a) of this rule may be hired by an detention center as a
director, child care staff or caseworker, or in any other position responsible
for a child's care in out-of-home care only if the following conditions
have been met: (a) Where the offense was a misdemeanor, or would have been a
misdemeanor if conviction had occurred under the current criminal code, at
least three years have elapsed from the date the prospective employee was fully
discharged from any imprisonment or probation arising from the conviction. A
prospective employee who has had a misdemeanor record of conviction sealed by a
court pursuant to section 2953.32 of the Revised Code shall be considered to
have met this condition. (b) Where the offense was a felony, at least ten years have
elapsed since the person was fully discharged from imprisonment or
probation. (c) The victim of the offense was not one of the
following: (i) A person under the
age of eighteen. (ii) A person with a
developmental disability as defined in division (Q) of section 5123.01 of the
Revised Code. (iii) A developmentally
disabled person as defined in division (Q) and (R) of section 5123.01 of the
Revised Code. (iv) A person with a
mental illness as defined in division (A) of section 5122.01 of the Revised
Code. (v) A person sixty years
of age or older. (d) Hiring the prospective employee will not jeopardize in any
way the health, safety or welfare of the children the agency serves. The
following factors shall be considered in determining whether to hire the
prospective employee: (i) The person's age
at the time of the offense. (ii) The nature and
seriousness of the offense. (iii) The circumstances
under which the offense was committed. (iv) The degree to which
the person participated in the offense. (v) The time elapsed
since the person was fully discharged from imprisonment or
probation. (vi) The likelihood that
the circumstances leading to the offense will recur. (vii) Whether the person
is a repeat offender. (viii) The person's
employment record. (ix) The person's
efforts at rehabilitation and the results of those efforts. (x) Whether any criminal
proceedings are pending against the person. (xi) Whether the person
has been convicted of or pleaded guilty to a felony contained in the Revised
Code that is not listed in paragraph (A)(4)(a) of this rule, if the felony
bears a direct and substantial relationship to the duties and responsibilities
of the position being filed. (xii) Any others factors
the PCSA, PCPA, PNA considers relevant. (6) It is the prospective
employee's duty to provide written verification that the conditions
specified in paragraph (A)(5) of this rule are met. If the prospective employee
fails to provide such proof or if the detention center determines that the
proof offered by the prospective employee is inconclusive or insufficient, the
person shall not be hired. Any doubt shall be resolved in favor of protecting
the children the detention center serves. (7) To determine whether
a prospective employee is qualified to be hired pursuant to paragraph (A)(4)(a)
of this rule, a criminal records check shall be conducted pursuant to this
rule. (8) A detention center
may conditionally hire a prospective employee until the criminal records check
required by this rule is completed and the detention center receives the
results of the criminal record check, if the prospective employee submits to
the detention center a signed statement attesting that the prospective employee
has not been convicted of or pleaded guilty to any offense listed in paragraph
(A)(15)(a) of this rule. If the results of the criminal record check indicate
that the person does not qualify for employment, the detention center shall
release the person from employment. (9) The provisions of
paragraph (A)(5) of this rule must be considered for any prospective employee
who has been convicted of, or pleaded guilty to, one or more of the offenses
listed in paragraph (A)(4)(a) of this rule even if the person's record has
been sealed by a court pursuant to section 2953.32 of the Revised Code because
the information contained in the sealed record bears a direct and substantial
relationship to the care of children who may be entrusted to the person's
care. (10) A conviction of, or
plea of guilty to, an offense listed in paragraph (A)(4)(a) of this rule shall
not prevent a prospective employee's hire if the person has been granted
an unconditional pardon for the offense pursuant to Chapter 2967. of the
Revised Code or the conviction or guilty plea has been set aside pursuant to
law. "Unconditional pardon" includes a conditional pardon with
respect to which all conditions have been performed or have
transpired. (11) Current employees
suspected of involvement in any of the offenses listed in paragraph (A)(4)(a)
of this rule shall be removed from contact with residents until the public
children services agency or law enforcement agency has completed its
investigation and has made applicable recommendations. (12) A detention center
shall assure that all staff hired or who are under any personal service
contract who are required by law to possess any professional licensure or
certification are so licensed or certified. (13) Each detention
facility shall have a written ethics policy that complies with the rules and
regulations of the Ohio ethics commission. (14) A written procedure
exists whereby the employee can challenge information in his or her personnel
file and have it corrected or removed if it proves to be
inaccurate. (B) The following standards are
recommended: (1) Each detention center
shall have written policies and procedures concerning personnel matters. The
policies and procedures shall be approved by the governing authority and be
available to all employees. (2) Written policy and
procedure provide for provisional appointment to ensure the availability of
personnel for short-term, full-time or part-time work in an emergency
situation. (3) Written policy and
procedure provide for a written annual performance evaluation of all employees,
which is based on defined criteria and is reviewed and discussed with the
employee. (4) Written policy and
procedure provide for a current, accurate, and confidential personnel record
for each employee; confidentiality is ensured by restricting its availability
to only the employee who is the subject of the record and to other detention
center employees who have a need for the record in the performance of their
duties. (5) There is a written
employee grievance procedure, which is available to all employees.
Last updated February 1, 2024 at 8:58 AM
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Rule 5139-37-06 | Training and staff development.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) Each facility will
have a written policy and procedure providing that all direct care staff
receive a minimum forty hours of orientation and pre-service training before
assuming independent responsibility for their work assignment. Those forty
hours are to include the core areas of: (a) Facility personnel manual and operating policies and
procedures manual (b) CPR / first aid / AED (c) Emergency procedures (d) Verbal intervention techniques / response to
resistance (e) Mandatory reporting of child abuse (f) The Prison Rape Elimination Act (g) Training on
adolescent development. (2) Each facility will
have a written policy and procedure that all trainers and presenters for
mandatory trainings are qualified and have any of the following: a degree,
licensure or certification. All other trainings must have trainers or
presenters who have at a minimum, relevant verifiable experience in the topic
material to be presented. (3) Each facility will
have a written policy and procedure requiring direct care staff to receive
annual training of forty hours each year thereafter. (4) Each facility will
have a written policy and procedure providing that all supervisors receive
forty hours of training in the area of fundamental skills for supervisors and
on relevant Ohio administrative rules within the first year of
appointment. (5) Each facility will
have a written policy and procedure providing that all facility
directors/deputy directors receive forty hours of training within the first
year of appointment. (6) Training programs should have curriculums that include
classroom and or virtual instruction and job shadowing components. (7) Written policies and procedures require that all
employees, other than direct care staff, receive at least sixteen hours minimum
orientation training and, minimally, an additional sixteen hours annually,
appropriate to their work assignment. (B) [Reserve].
Last updated February 1, 2024 at 8:58 AM
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Rule 5139-37-07 | Juvenile records.
Effective:
February 1, 2024
(A) The following standards are mandatory: (1) An admittance record
is completed for every child admitted to the detention center. The admittance
record includes the following: (a) Court case number and / or detention center admission
number; (b) Date and time of admission and release; (c) Name and "also known as"; (d) Last known address; (e) Court of jurisdictions / referral source; (f) Specific charges(s) / order to detain; (g) If the youth is "sentenced" under section 2152.19
of the Revised Code; (h) Sex, gender identity, and sexual orientation, including
whether the child appears or identifies as gender non-conforming in appearance
or manner or identification as transgender or intersex; (i) Date of birth; (j) Race or nationality; (k) Health status; (l) Medical consent form; (m) Emergency contact information; (n) Name, relationship, address, telephone number for the
parent(s)/legal guardian/custodian with whom the child resided with prior to
the time of admission; (o) Inventory of property; (p) Education level and school attended; (q) Physical description; (r) Program rules and disciplinary policy signed by the
child; (s) Information about sexual abuse/assault signed by the child-
as required by PREA; (2) The admittance record
is maintained as part of a file secured within the detention center, separated
according to an established format and safeguarded from inappropriate
disclosures, theft, loss or destruction. (a) The detention file includes at a minimum the following
information: (i) Initial intake
information; (ii) Documented legal
authority to accept juveniles; (iii) Inventory of a
child's property (iv) Documentation of
temporary absences from the detention center, if any; (v) Final discharge or
transfer report; (b) The medical file will include the following information when
available: (i) Record of medical
examination; (ii) Assessment,
including medical history; (iii) Suicide
assessment (iv) Mental health
screening, initial and follow up. (c) The detention file will include the following information
when available: (i) Grievance and
disciplinary record; (ii) Phone call(s): name
of person called, date of call; (iii) Visit(s): name of
visitor, date of visit; (iv) Reports initiated by
detention center personnel to include incident reports and staff
alerts; (v) Signed
release-of-information forms; (vi) Individual service
plans; (vii) Progress
reports; (viii) Case history /
social history; (ix) Pre-sentence
investigation; (d) The following standard is recommended: A recent photograph. (3) All records are
maintained according to each detention center's record retention policy
and all applicable state law. (4) Juvenile records / files may be
subject to confidentiality by statute and/or local court rules. Requests for
juvenile records should be submitted to the court of competent
jurisdiction. (B) Reserved.
Last updated February 1, 2024 at 8:59 AM
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Rule 5139-37-08 | Physical plant.
Effective:
March 21, 2016
(A) The following standards are
mandatory: (1) Male and female children do not
occupy the same sleeping rooms. (2) All sleeping rooms in detention
facilities shall have a minimum of: access to sanitation facilities to include:
toilet(s) above floor level and wash basin(s) available for use twenty-four
hours a day; access to drinking water, lighting in personal grooming areas,
natural lighting from an opening or window or within twenty (twenty) feet of
the room, hot and cold running water, a bed above floor level, and temperatures
that are appropriate to the winter and summer climate zones. (3) The interior finishing materials in
juvenile living areas, exit areas and places of public assembly are in
accordance with applicable federal, state and/or local fire and building codes.
The authority having jurisdiction annually documents compliance. (4) The detention center conforms to
applicable zoning ordinances or through legal means is attempting to comply
with or change such laws, codes or zoning ordinances. (5) Written policy shall require that under no
circumstances shall a child confined in a detention center replace a janitor,
maintenance, caretaking staff or other staff normally maintained for operations
of the detention center. (B) The following standards are recommended: (1) Written policy and procedure and practice provide that
the detention center director and/or designee, in conjunction with the
detention center's governing body, shall develop and implement a system
designed to detect building and equipment deterioration, safety hazards and
unsanitary conditions, and to provide the proper reporting of needed correction
or modification. Such policies and procedures shall include a written plan for
a daily inspection of the detention center. Such inspection shall be recorded.
Maintenance records shall be kept and subject to review by authorized
personnel. (2) Written policy, procedure, and practice provide for the
control of vermin and pests by licensed professionals as
necessary. (3) Written policy, procedure and practice provide that
programs comply with all applicable governmental regulations and standards. At
a minimum, these policies cover the following: (a) Sanitation
inspections (b) Water supply
testing; (c) Waste
disposal; (d) Housekeeping. (C) The following standards are mandatory for new plants
and additions. Recommended for others: (new plants and/or additions will be any
detention center built or added onto since the last review cycle as published
November 24, 2003). (1) With the exception of
the auditorium/gymnasium, the detention center shall contain air conditioning
and a back-up ventilation system. (2) Water for showers is
temperature-controlled to provide an appropriate mix of hot and cold
water. (3) Hallways within
living units and/or to and from living units shall be no less than six feet
wide. (4) All housing units and
places of assembly for fifty or more persons shall have a minimum of two
exits. (5) Living units are
designed for single occupancy sleeping rooms. (6) Sleeping rooms in
which children are confined shall have a minimum of thirty-five square feet of
unencumbered space per occupant. (D) The following standards are recommended: (1) If the detention
center is on the grounds of any other type of correctional detention center, it
is a separate self-contained unit. (2) The detention center
perimeter is secured in such a way that children remain within the perimeter
and that access by the general public is denied without proper
authorization. (3) The average daily
population for any given month does not exceed the rated capacity of the
detention center. (4) The detention center
is designed and constructed so that children can be grouped in accordance with
a classification plan. There is a minimum of one single occupancy cell or room
provided for observation of children having seriously illness, mental health
issues, injuries or non-ambulatory children who may be held within the
detention center. (5) The detention center
operates with living units of no more than twenty-five children (see rule
5139-37-05 of the Administrative Code). (6) All dayroom areas
provide for a minimum of: (a) Lighting as determined by the tasks to be performed with
access to natural light. (b) One toilet for every twelve youth in male facilities and one
for every eight children in female facilities. (c) One washbasin for every twelve youth that are operable with
hot and cold running water in housing units. (d) Showers with thermostatically controlled temperatures ranging
from one hundred to one hundred twenty degrees Fahrenheit at a minimum of one
for every eight children. (e) A heating / ventilation system that provides appropriate
temperature to the summer and winter comfort zones. (f) Thirty-five square feet of unencumbered floor space per child
in the dayroom area. (g) Furnishings that provide sufficient seating and writing
surfaces for each child in the dayroom at one time that is consistent with the
security needs of the assigned child. (h) Access to a drinking fountain. (7) Adequate space is
provided for the secure storage of janitorial supplies that are accessible to
the living unit. Each area is to be equipped with a sink, cleaning implements
and system of ventilation. (8) Adequate space is
provided for the storage of security equipment that is located in an area
readily accessible to authorized personnel. (9) The total combined
indoor activity area to include the gymnasium, multipurpose room, library and
all other leisure areas outside the living unit provides space equivalent to a
minimum of one hundred square feet per child. (10) There are at least
fifteen square feet of floor space per child for those occupying the dining
room and/or dining area. (11) When the detention
center provides food service, the kitchen is a separate and distinct area that
includes space for food preparation based on the average daily population, type
of food preparation and methods of meal service. (12) School classrooms
are designed in conformity with local and state educational
requirements. (13) Sufficient space is
provided for a visiting room or area of contact visiting. There is adequate
space provided for the screening and searching of a child and visitors. Space
is provided for the storage of personal property of visitors that will not be
permitted into the visitation area. (14) There is an outdoor
recreation area adequately designed to accommodate regularly scheduled
recreation and group athletic activities. (15) There is adequate
space for religious services. (16) When medical
services are provided in house, the detention center has a medical room with
medical examination facilities and/or appropriate equipment
available. (17) When there is an
observation and/or security room separate from the living unit, such room shall
be equipped with accessible and useable plumbing fixtures and furniture
appropriate for the safety of the confined child (18) There is interview
space available in or near the living unit. (19) There is secure
storage space provided for storage of a child's personal property that is
accessible only to detention center personnel. (20) There is adequate
storage available for clothing, bedding, detention center supplies and any
other item required for daily operations. (21) Separate and
adequate space is provided for electrical, security and mechanical equipment
that is only accessible by designated staff. (22) There are provisions
for adequate storage and loading areas for garbage disposal. (23) Adequate space is
provided for administrative, security, professional and clerical staff. This
space is to include appropriate restroom facilities separate from child living
areas. (24) In parts of the
facility that are accessible to the public, reasonable accommodation will be
provided for access by handicapped staff and visitors. (25) Ventilation is
available in the event of a power failure. (26) There is a written
policy, procedure and practice designed to detect internal and external areas
of building and equipment deterioration, safety hazards and unsanitary
conditions. Such procedures shall include reporting practices needed for
corrective measures and/or modifications.
Last updated December 6, 2023 at 12:18 PM
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Rule 5139-37-09 | New plants.
Effective:
February 1, 2024
(A) The following standards are mandatory
for renovation, additions and new plants. Recommended for existing:
(renovations, additions and or new plants will be designated as built or added
onto since the last review cycle as published November 24, 2003). (1) Children with
disabilities are housed in a manner that provides for their safety and
security. Individual rooms or housing units used by a child with disabilities
are designed for their use and provides for integration with the general
population. Appropriate detention center programs and activities are accessible
to a disabled child confined to the detention center. (2) Physical plant is
designed to facilitate personal contact and interaction between staff and
child. (3) The detention center
shall have exits that are properly positioned, clear, distinct and permanently
marked in order to ensure the timely evacuation of children, staff and visitors
in the event of fire or other emergency. (B) The following standards are
recommended for new plants: (1) Written policy and
procedure provides that the new detention center is built or that the existing
detention center expanded only after a needs evaluation study has been prepared
in conjunction with appropriate local and state bodies. (2) The detention center
site location is determined with participation from the community in which it
is to be located. (3) The detention center
is geographically accessible to juvenile justice agencies and community based
services to allow for continued contact between the youth and family, law
enforcement, prosecutors, court personnel, legal counsel, clergy, school
agencies and any other community agency working with a detained
child. (4) A written program
philosophy is developed for the new detention center which includes but is not
limited to: (a) A description of the detention center (b) Statutory authority and services to be provided. (c) Projected workload. (d) Staffing levels (e) Programs. (f) Operating and capital budget. (g) Impact of the detention center on overall organization
operation. (h) Justification for the detention center (i) Means of achieving goals. (j) Space requirements. (k) Means for renovations and new construction (5) There is a designated
day room area for each housing unit. The room is separate and distinct from the
sleeping area and can be immediately adjacent to and accessible from the
sleeping area. (6) There is a designated
area for a twenty-four hour control center to monitor the safety and security
of the detention center. The control center should have sufficient space for
monitoring and coordinating all internal and external security systems,
communication systems, safety alarms, detection systems and any other
mechanical or electrical system. (7) Written policy and
procedure provides that power generators are tested at least every two weeks
and other emergency equipment and systems are tested at least monthly for
effectiveness and repaired or replaced as necessary.
Last updated February 1, 2024 at 8:59 AM
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Rule 5139-37-10 | Safety and emergency procedures.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) The detention center
shall have exits that are clearly, distinctly, and permanently marked in order
to ensure the timely evacuation of children, staff and visitors in the event of
fire or other emergency. Posted exits signs and emergency equipment shall
comply with the recommendations of the local fire authority. (2) The detention center
conforms to applicable federal, state and local fire, health and building
codes. A fire alarm and automatic detection system is required. The authority
having jurisdiction annually documents compliance. (3) Written fire
prevention procedures specify practices to ensure the safety of staff, child
and visitors. These procedures shall include but will not be limited
to: (a) Provisions for adequate fire protection
services. (b) Inspection by local and/or state fire officials annually or
as scheduled by state fire marshal. (4) The detention center complies with
applicable federal, state and local sanitation, safety and health codes and is
inspected at least annually for compliance. Written reports of inspections by
state or local authorities should be kept on file as assurance of continuing
compliance with these codes. (5) In accordance with section 3794.02 of
the Revised Code, smoking will not be permitted inside any detention center,
and will only be permitted in designated areas outside of the detention center.
These designated areas must comply with section 3794.02 of the Revised Code.
Noncombustible receptacles for smoking materials and separate containers for
other combustible refuse are utilized at the outside smoking
locations. The detention center is equipped with
noncombustible receptacles for combustible refuse at readily accessible
locations in the living quarters and other locations throughout the detention
center. Special containers are provided for flammable liquids and for rags used
with flammable liquids. All receptacles and containers are emptied and cleaned
regularly. (6) Written policy and procedure provide
for a qualified fire and safety officer to perform a comprehensive and thorough
annual inspection of the detention center for compliance with safety and fire
prevention standards and for annual review of this policy and procedure. There
is a monthly fire and safety inspection of the detention center by a qualified
supervisor or other qualified staff member who are familiar with safety and
sanitation requirements of the jurisdiction. There are monthly evacuation
drills. (7) Written policy and procedure specify
the detention center's fire prevention regulations and practices to ensure
the safety of staff, children and visitors. These include, but are not limited
to: provisions for an adequate fire protection service, a system of fire
inspection and testing of equipment at least annually, an annual inspection by
local or state fire officials or other qualified person(s), and availability of
fire hoses or extinguishers at appropriate locations throughout the detention
center. (8) The detention center has 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
appropriate codes. These plans are reviewed, signed, and updated at least
annually or as needed. They are made available to all applicable personnel. The
plan includes the location of building/room floor plans, use of exit signs and
directional arrows for traffic flow, location of publicly posted plan, monthly
drills in all occupied locations of the detention center, and staff drills when
evacuation of dangerous residents may not be included. (9) Written policy and procedure specify
the means for the prompt release of children from locked areas in case of
emergency, and provide for a secondary release system. (10) All detention center personnel are
trained in the implementation of written emergency plans. (11) Written policy and procedure govern
the control and use of all flammable, toxic and caustic materials. All
flammable, toxic, caustic materials should be stored in secure areas that are
inaccessible to children and a prescribed system should be used to account for
their distribution. Children should never possess such items unless under the
close supervision of staff. (12) The detention center has a fire alarm
system and an automatic detection system that is approved by the authority
having jurisdiction. All system elements are tested on a quarterly basis,
unless approved by the authority having jurisdiction. The adequacy and
operation of the system are approved by the state fire official or other
authority annually. (13) Within ninety days after the
effective date of this rule, specifications for the selection and approval of
new furnishings indicate the fire safety performance requirements of the
materials selected. Such materials are subject to careful fire safety
evaluation before purchase or use. Neoprene or cotton mattresses treated with
boric acid are recommended. Foamed plastics or foamed rubber such as
polyurethane, polystyrene are not to be used in any living area. (14) The detention center
has available to it the services of a qualified fire and safety officer who
reviews all policies and procedures related to safety and fire
prevention. (B) The following standards are
recommended: The detention center has access to an alternate
power source to maintain essential services in an emergency.
Last updated February 1, 2024 at 8:59 AM
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Rule 5139-37-11 | Security and control.
Effective:
February 1, 2024
The following standards are mandatory: (A) Written policy and procedure on
physical force shall: (1) Limit the use of
physical force to protect the child from harming himself, herself, or others,
to stop a child who presents a danger of escape, to remove a child from the
general population if the child is disrupting operations, or engaging in
property destruction that involves a threat to the child's safety or the
safety of others and in accordance with appropriate statutory authority. In no
event is physical force justifiable as punishment. (2) Ensure that children
involved in incidents of physical force must receive an appropriate and timely
evaluation to determine the need for medical treatment. The evaluation may not
be conducted by an employee directly involved in the incident. (3) Require a timely
written report following all uses of physical force that is submitted to and
reviewed by the detention center director or designee. (4) All uses of physical
force shall be reviewed and evaluated in accordance with policies and
procedures. (B) Written policy and procedure on
searches shall: (1) Provide for the
least intrusive method of search consistent with the safety and security of the
detention center. (2) Require the
utilization of professional, respectful, and appropriate search techniques by
trained staff. (3) Searches are of the
same gender as the individual being searched except in exigent circumstances,
including but not limited to appropriate search techniques of transgender and
intersex. (4) Frisk searches of a
child may be conducted in accordance with the facility's policies and
procedures. Children who are entering or who have entered a detention center
may be searched by: the use of a magnetometer or similar device; by a frisk
search of the child; and by an examination of any personal effects within the
detention center. Such searches must be conducted uniformly. (5) Hygiene searches may
be conducted on any child entering a detention center by visually observing
child while changing into clothing that is required to be worn within the
detention center. This may be for the purpose of hygiene search, to detect
contraband, and for mandatory reporting of child abuse and/or to detect
pre-existing injury. (6) Strip searches of
children may be conducted with the approval of the supervisor on duty of each
center. Strip searches are to be conducted in the manner that affords the
greatest degree of privacy, taking into consideration safety and security.
Strip searches may be conducted if there is a reasonable suspicion that the
child may convey contraband into the detention center. This reasonable
suspicion must be based upon: (a) Specific observable facts; (b) Reasonable inferences drawn from those facts; (c) Specific factors in the child's background that support
the necessity of such search in light of reasonable suspicion. (7) Body cavity searches
shall be: (a) Conducted only by medical personnel with the approval of the
detention center director, only in accordance with divisions (B)(4) and (B)(5)
of section 2933.32 of the Revised Code. (b) Conducted in private. (C) Detention center search policies and
procedures shall be reviewed and approved by an appropriate legal
authority. (D) Policy and procedure shall require
that a constant ratio of twelve children to one child-care worker be maintained
during waking hours and twenty five children to one child care worker during
sleeping hours. Policy and procedure shall require one staff member of each sex
be on duty when male and female children are housed. Also that if all residents
are all of the same sex, that at least that one staff member of that gender be
on duty at all times. (E) There is a manual containing the
detention center's policies and procedures for security and control, which
includes detailed instructions for implementing these procedures; the manual is
accessible to all personnel and is reviewed annually and updated as
necessary. (F) Written policy and procedure shall
govern the availability, control and use of defensive aerosols and related
security devices, policies on decontamination process and follow up medical
care. Chemical agents and related security devices are used only in accordance
with the written policy and procedure. A written report is prepared following
all incidents and is submitted to the detention center director. (G) Written policy and procedure require
that all security perimeter entrances, exterior doors and all doors the
detention center director determines should be locked are kept locked, except
when used for admission or exit of employees, detained children or visitors,
and in emergencies. (H) The detention center has a system to
physically count children that includes strict accountability for children
assigned to work and educational release, furloughs and other approved
temporary absences. (I) Detention center staff maintains a
daily report of juvenile population movement. (J) Written policy and procedure require
that supervisory staff maintain a permanent log and prepare shift reports that
record routine and emergency situations. (K) Written policy and procedure provide
for notifying appropriate staff of increases and decreases in the population on
a shift -by-shift basis. (L) Written policy and procedure provide
for weekly inspection and maintenance of security devices; corrective action is
initiated when necessary. (M) Written policy and procedure require
that first line supervisory staff inspect every area of the detention center
daily and submit a written report to an administrative official for review
whenever deficiencies are noted. (N) Written policy and procedure require
that the detention center director or designee and other department heads
interact with children in living and activity areas. (O) The policy regarding searches for
the control of contraband is accessible to staff and reviewed with the child
upon admission. It will be reviewed at least annually and updated if
necessary. (P) All special incidents, including but not limited to, the
taking of hostages, use of restraint equipment or the use of physical force are
reported in writing, dated and signed by the staff person reporting the
incident. The report is placed in the child's case record and reviewed by
the detention center director and/or the governing authority. (Q) Except in emergency situations, firearms are not permitted
in the detention center beyond what the detention center director has defined
as the security perimeter of the detention center. (R) Written policy and procedure govern the control and use of
keys. (S) Written policy and procedure govern the control and use of
tools, medical and culinary equipment. (T) There are written operational shift assignments or post
orders that state the duties and responsibilities for each assigned position in
the detention center. These shift assignments are reviewed at least annually
and updated if necessary. (U) There are written procedures for handling escapes, runaways
and unauthorized absences. These are reviewed at least annually and updated as
necessary. (V) Written policy and procedure provide that all individuals
injured in an incident receive an appropriate evaluation to determine the need
for medical treatment. (W) Written plans govern space arrangements and procedures to
follow in the event of a group arrest that exceeds the maximum capacity of the
juvenile detention center; these plans are reviewed annually and updated if
necessary. (X) Written policy and procedure provide for a communications
system within the detention center, and between the detention center and the
community, in the event of an emergency. (Y) Written policy and procedure provide that the detention
center maintain a written record of routine and emergency distribution and use
of restraining devices. (Z) 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. (AA) Written policy and procedure govern safety and security
precautions pertaining to detention center and staff vehicles. (BB) Transportation is available for use in
emergencies. (CC) Written policy and procedure govern the detention
center's transportation of a child outside the detention center and from
one jurisdiction to another.
Last updated February 1, 2024 at 8:59 AM
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Rule 5139-37-12 | Food service.
Effective:
March 21, 2016
(A) The following standards are
mandatory: (1) Written policy and
procedure and practice provide that an adequate diet including snacks, when
provided, incorporate the four basic food groups based on the most recent
dietary allowance is provided to all children. Menus are reviewed and approved
annually by the responsible health care authority or a registered
dietitian. (2) Written policy and
procedure and practice provide that there shall not be more than fourteen hours
between meals and at least three meals and a snack shall be made available at
regular times during each twenty-four hour period. At least one of these meals
shall be a hot meal. (3) Written policy and
procedure shall provide that any detention center housing residents in need of
medically prescribed therapeutic diets shall have documentary evidence that
such diets are provided as ordered by the responsible health care authority.
The detention center director and/or designee shall document the administration
of the meals as ordered. (4) Written policy and
procedure that provide special diets for children whose religious beliefs
require adherence to religious dietary laws. (5) Written policy that prohibits meals
and/or snacks being withheld in any punitive manner as a consequence of
behavior. (6) Written policy and procedure
specifying that food service shall be properly supervised and shall comply with
applicable sanitation and health code as promulgated by federal, state, and
local authorities. (B) The following standards are
recommended: (1) Written policy and
procedure shall designate that each detention center shall have a person on
staff or contract with an outside agency responsible for the overall
preparation and distribution of all meals assuring the utilization of
acceptable food handling practices. (2) The food service plan
provides for a single menu for residents and staff. (3) Menus shall be
planned at least a week in advance. Records of food purchased and menus shall
be filed for one year. (4) Upon reasonable
request, a snack may be provided to a child when admitted to a detention
center.
Last updated December 6, 2023 at 12:18 PM
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Rule 5139-37-13 | Hygiene.
The following standards are mandatory: (A) Children shall be provided the
opportunity for daily showers and showers after strenuous
activities. (B) Written policy, procedure, and
practice provide that the detention center shall provide basic personal hygiene
supplies to the child. (C) Written policy, procedure, and
practice shall designate specific duties that the residents must assume in the
care and upkeep of their own sleeping and living quarters. Each child shall be
provided a bed, mattress and a supply of clean linens. Bed linens and
mattresses shall be cleaned and when necessary disinfected prior to
reissue.
Last updated December 6, 2023 at 12:19 PM
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Rule 5139-37-14 | Medical and health care services.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) Written policy and
procedure require each detention center to have a health authority designated
for the medical supervision, care and treatment of residents. The detention
center shall ensure twenty-four-hour availability of consultation, advice and
emergency services response. Such resources shall be located in the same or
nearby community. (2) Written health care
policies and procedures shall be approved and signed by the responsible health
care authority annually. (3) Written policy and
procedure require that all medicines be administered only by trained staff as
directed by the health authority. (4) Policy and procedure
require that within seven days after an admission an examination shall be
performed and recorded by a physician and/or qualified health personnel to
determine the apparent health of the child. Medical arrangements for community
follow-up upon a child's discharge shall be coordinated as identified by
the health authority. (5) Written policy and
procedure provide for the prompt notification of parents/guardians of the child
as well as the court of committment in case of serious illness, serious
surgery, serious injury and death. (6) Written policy and
procedure require the safe and secure management, storage distribution and
control of all drugs, medical records and supplies to be maintained at all
times as applicable to facilities with pharmacies. (7) Written policy and
procedure require that a medical record be maintained on each child, which
shall include pertinent information concerning illnesses, communicable
diseases, physical abnormalities, allergies and the administration of
treatment. Confidentiality shall be maintained in accordance to state and
federal law. (8) Written policy and
procedure require a written plan for the staff's response to children who
are identified as potentially suicidal. (9) Written policy and
procedure require that first-aid kits are available. The responsible health
care authority approves the contents, number, location and procedure for
periodic inspection of the kits. (10) Written policy
prohibits the administration of stimulants, tranquilizers, and/or other
psychotropic drugs used to induce chemical or medical restraint solely for the
purpose of behavior management. (B) The following standards are
recommended: (1) Written policy and
procedure require initial health screening of all children, including
intra-system transfers, upon arrival at the detention center. The screening
shall be performed by qualified health care personnel or by other personnel
trained in health screening techniques. All findings are recorded on a
screening form approved by the responsible health authority. (2) Written policy and
procedure shall be developed and implemented for medical isolation under the
direction of qualified health care personnel. (3) Written policy and
procedure require that the responsibility for arranging emergency treatment of
dental needs be that of the detention center in conjunction with the
responsible health care authority. (4) Written policy and
procedure provide that necessary medical services, which cannot be provided
within the detention center, be provided at a nearby hospital or other
appropriate medical facility. (5) Written policy and
procedure provide that direct care staff and other personnel are provided with
a training program that is approved by the responsible health authority in
cooperation with the detention center director and includes the
following: (a) Recognition of signs and symptoms, and knowledge of action
required in potential emergency situations; (b) Administration of first aid and cardiopulmonary resuscitation
(CPR); (c) Methods of obtaining assistance; (d) Signs and symptoms of mental health issues and developmental
disabilities, chemical dependency, venereal disease, and parasitic
infestation; (e) Procedures for patient transfer to appropriate medical
facilities or health care providers. (6) An adequate and
proper supply of antidotes and other emergency drugs, and related information,
is readily available to trained staff to meet the needs of the detention
center. Such antidotes and emergency drugs are administered only as prescribed
by a qualified health authority. (7) The detention center
has written policy and procedure governing the development, and subsequent
updating, of a detention center formulary or drug list for pharmaceuticals
stocked by the detention center. (8) Written policy and
procedure require that a child be informed of the procedures for gaining
unimpeded access to medical services. (9) Written policy and
procedure specify that emergency mental health services for children be
provided by qualified mental health professionals. (10) Written policy and
procedure provide for informing appropriate staff of special medical and mental
health problems of children.
Last updated February 1, 2024 at 8:59 AM
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Rule 5139-37-15 | Juvenile rights.
Effective:
February 1, 2019
The following standards are mandatory: (A) The detention center shall have a
written policy and procedure which prohibits employees from violating any civil
rights of juveniles which shall include but not be limited to: (1) The detention center
shall have written policies protecting children from being used as human
subjects for medical, pharmaceutical, or cosmetic experiments. (2) The right to a
reasonable amount of privacy. (3) The right to have
his/her opinions heard and to be assured reasonable due process in all
matters. (4) The right to receive
adequate and appropriate food, clothing, and housing. (5) The right to
participate in an appropriate educational and/or vocational program.
(B) The detention center shall have a
written policy and procedure to ensure the right of a child to have access to
courts, including the right to reasonable and confidential access to counsel
though attorneys and their authorized representatives as well as access to
courts and legal materials provided by the attorney or courts. (C) The detention center shall have
written policies and procedures regarding the photographing and audio or
audio-visual recordings of children in their custody which require
that: (1) The written consent
of a child and the child's parent(s) or guardian be obtained before the
child 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 child. (D) The discipline policies and
procedures of the detention center shall incorporate the philosophy that
discipline is to be both constructive and educational in nature. The detention
center's discipline policies and procedures shall prohibit all acts of
punishments including, but not limited to: (1) Any type of corporal
punishment inflicted in any manner upon the body. (2) The assignment of
physically strenuous harsh work or exercises, when used solely as a means of
punishment. (3) Requiring or forcing
a child to maintain an uncomfortable position, such as squatting or bending, or
requiring a child 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 detention center's
policy. (5) Verbal abuse or
derogatory remarks. (6) Denial of planned
and required recreational activity. (7) The denial of social
or casework services. (8) The denial of
religious or educational services. (9) The deprivation of
meals, although scheduled meals may be provided individually. (10) The denial of
sleep. (11) The denial of
shelter, clothing, bedding, or restroom facilities. (12) Inappropriate or
intentionally painful physical restraint. (13) Organized social
ostracism, including codes of silence. (14) The use of chemical or medical
restraints. (15) The denial of medical treatment.
Last updated December 6, 2023 at 12:19 PM
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Rule 5139-37-16 | Behavior management of children.
Effective:
February 1, 2024
The following standards are mandatory: (A) Written policy and procedure require
that behavior management program include all acts that are prohibited within
the facility, sanctions that can be imposed for various degrees of violation,
and system of reinforcing positive behavior. When a literacy or language
problem prevents a child from understanding the rules, a staff member or
translator will assist the child in understanding the rules. The written rules
are reviewed annually and updated, if necessary. (B) Written policy and procedure require
that within a reasonable length of time, depending on child's demeanor and
behavior, the child has the cause for any disciplinary action explained to
him/her and has an opportunity to explain the behavior leading to disciplinary
action. (C) Written policy and procedure allow
the facility to utilize "time out" for a brief removal of a child
from general population to a separate area where egress is not
blocked. (D) Written policy and procedure shall
require the employees prepare a disciplinary report when a child has committed
a violation of detention center facility rules. (E) Written policy and procedure shall
outline the use of room confinement, medical isolation, and
self-confinement: (1) 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. (2) Room confinement does
not include normal sleeping hours or for brief periods of transitions, such as
shift changes. Medical isolation and self-confinement are not considered room
confinement. (3) Written policy and procedure require
that children who are in room confinement including those in medical isolation
and self-confinement be observed at least every fifteen minutes and that
verification of contact shall be documented. (4) Written policy and
procedure require children in the general population be supervised by direct
care staff and regulate the movement of children. (5) Children are
observed, at a minimum, every thirty minutes during sleeping hours. The
verification of the contact shall be documented. (6) Written policy and procedures require
that the detention center director or designee shall review room confinement at
a minimum of every four hours, and shall document the continued need for room
confinement. (7) For children who are in self
confinement, staff shall attempt to engage the child in programming at least
every shift and attempt to determine the reason that the child is in self
confinement and if that reason can be resolved. (8) For a child on medical isolation, the
child shall be placed on and removed from isolation by the health authority.
(F) Written policy and procedure provide for review of all
disciplinary reports by the detention center director administrator or his/her
designee to assure conformity with policies and procedures. (G) Written policy and procedure ensure that a child shall have a
right to a review of disciplinary actions by a supervisory or administrative
staff member who has not been a party to the disciplinary action.
Last updated February 1, 2024 at 9:00 AM
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Rule 5139-37-17 | Admission and release procedures.
Effective:
February 1, 2024
(A) The following standard is
mandatory: (1) Admission to
detention and release shall be pursuant to and in accordance with the laws of
arrest and / or in accordance to a court order. (2) Written policy,
procedure, and practice that newly admitted children receive written
orientation materials and/or translation in their own language if they have
limited English proficiency. When a literacy problem exists, a staff member
shall assist the child in understanding the material. Completion of orientation
is documented by a statement signed and dated by the child. (3) A written policy, procedure, and practice that newly
admitted children receive an initial mental health screening. The
facility's policy will include response to ensure the health and welfare
of the youth are being met. (4) Written policy and procedure shall require that upon
admission, each child shall be provided written orientation material which
explains, behavior expectations, privileges, rights and responsibilities, the
contents of the Prison Rape Elimination Act of 2003 and how to access medical
services and disaster procedures while a resident of the center. (B) The following standards are
recommended: (1) Written policy and
procedure require that all admitted children, except those excluded for
security or safety reasons, join a general population not later than three
hours after admission. (2) Written policy and
procedure for admission to detention shall be developed and shall include but
not be limited to: (a) Criteria for determining whether to release or to detain
juveniles; and who will make this decision. (b) Procedure and descriptions of alternatives to
detention. (c) One employee shall be designated on duty in-house and
empowered with hold/release authority. (3) Written policy and
procedure shall require that a designated employee be responsible for
notification to parents, guardians, and custodians (individual or agency) of
the children being detained in their center. (4) Written policy and
procedure shall require that after the admission of a child, the detention
center shall attempt to verify prescribed medications and the proper dosages of
these medications. Staff shall ensure that the medications are administered at
the time intervals prescribed by the appropriate medical
authority. (5) Written policy and
procedure require that each child be afforded the opportunity to shower and be
provided clean clothing upon admission. (6) All releases shall be approved by the
court of competent jurisdiction or other appropriate authority. (7) Written policy and procedure shall
require that upon admission, a decision on where to house and how to classify
the child shall be made, including any information gathered during the intake
process that could impact the child's safety.
Last updated February 1, 2024 at 9:00 AM
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Rule 5139-37-18 | Program.
Effective:
February 1, 2024
(A) The following standards are
mandatory: (1) Children are not
permitted to perform any work prohibited by state and federal regulations and
statutes pertaining to child labor. (2) Academic programs in
detention facilities are designed to assist detained children in keeping
current with their studies and are available at a minimum amount of time per
school calendar day as required by Ohio department of education standards.
Restriction of educational programs can be approved only by the detention
center director/designee. (3) All academic teachers
are licensed by the Ohio department of education. (4) Vocational
supervisors and instructors are licensed or accredited by the state or
jurisdiction in which the detention center is located. (5) Written policy and
procedure provide a recreational and leisure time plan that includes, at a
minimum, at least one hour per day of organized group large muscle activity,
and one hour of structured leisure time activity. (6) Written policy and
procedure require that the center shall provide reasonable access to religious
programs. No negative consequences will accrue from a child's refusal to
participate in a religious service or religious function. All religions will be
afforded equal status and protection, subject to the limitations necessary to
maintain order and security. (7) The detention center provides or makes available the
following minimum services and programs to all children admitted: (a) Education; (b) Recreation and
exercise; (c) Religious
programming; (d) Structured leisure
activities; (e) Other types of
programming (for example aggression replacement training, behavioral health
treatment, life skills, or counseling). (B) The following standards are
recommended: (1) Written policy and
procedure require at least twelve hours of programming (including education)
will be provided for each child during weekdays and ten hours on weekends and
holidays. (2) Written policy and procedure require
that applicable programs are initiated for children upon entry to the detention
center. (3) Written policy and procedure require
that the detention center have staff that coordinate and supervise the
recreational program. (4) Written policy and procedure require
that library services be made available to all detained children. Written
policy outlines specific criteria for utilizing, selecting and maintaining
appropriate materials. (5) Written policy and procedure provide
that work assignments will not conflict with educational programs.
Last updated February 1, 2024 at 9:00 AM
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Rule 5139-37-19 | Visitation and communications.
Effective:
February 1, 2024
(A) The following standards will be
mandatory: (1) Each detention center
shall have a written policy and procedure governing visitation that fosters
family contact. (2) Provisions shall be
made for the residents or staff on behalf of the children to call, not collect,
or visit with their attorney of record or their representative at any
reasonable time except for documented reasons of safety and security and may
only then be temporarily denied upon authorization of the director. Attorney
calls or visits will not be monitored and take place in a confidential setting
but will be documented. (3) Visitation dates, times and practices
shall be in writing, and shall be made readily available to all children,
parents, legal guardians, custodians and attorneys. Visitation shall include
visits from the child's parents, legal guardians, custodians and
attorneys. (4) Each detention center shall have a
written policy and procedure governing the handling of resident's
mail. (5) Each detention center shall have a
written policy and procedure that governs access to telephone
communications. (6) A child must be informed of the right
to telephone their parents and attorney during the intake process. (7) The child may receive special visits
at reasonable times by adult family members, the child's biological child
or children, clergy, teachers or other individuals with the prior approval of
the detention center director / designee. (8) Prior to visitation,
children shall be notified who is there to visit. Children have the privilege
of refusing to see any particular visitor and end any visit at any time. These
refusals shall be documented and placed in the child's
record. (9) Written policy and procedure specify that visitors
register upon entry into the detention center and specify the circumstances
under which visitors are searched. (10) Incoming mail may be checked for
contraband. (11) The detention center will provide postage for residents
to correspond with their attorney of record. (B) The following standards are
recommended: (1) Provisions in the plan shall allow
for exceptions to the regularly scheduled hours to accommodate parent's
work schedules, illnesses or other reasonable requests. (2) Visitations should be conducted in a
manner which provides as much privacy as possible and subject only to the
limitation necessary to maintain order and security. (3) A visitation may be denied if there
exists reasonable suspicion to believe that the visit might endanger the
security of the detention center, but shall not be restricted as a punishment
for the child's behavior in the facility. Reasons for denial of a visit
shall be in writing and placed in the resident's detention
record. (4) Except where a court order exists to
the contrary, residents shall be allowed the freedom to correspond. The
detention center shall provide each resident with at least two first class
stamps per week. (5) No correspondence to or from
residents shall be censored. No correspondence to or from a resident shall be
read by staff unless the detention center director, or designee, has reasonable
suspicion to believe the content of the correspondence may incite to endanger
the detention center order or security. If correspondence is read, the child
must be informed. (6) All incoming and outgoing mail is
forwarded within twenty-four hours, excluding weekends and
holidays. (7) Children are provided reasonable
access to telephone communication with community agency professions and
parents, subject only to those limitations necessary to maintain detention
center order and security.
Last updated February 1, 2024 at 9:00 AM
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