Ohio Administrative Code 5139 — Department of Youth Services

Chapter 5139-2 Personnel; Visitors

Ohio Adm.Code 5139-2-15 Prohibited activity relating to weapons, intoxicating liquors, tobacco products, drugs, unauthorized correspondence, communication devices, and hunting.

(A) The purpose of this rule is to describe prohibited activities by department of youth services (ODYS) personnel, visitors, or trespassers to ODYS property and institutions. Prohibited activities are those deemed threatening to the safety and welfare of the youth.

(1) All ODYS personnel and visitors will be responsible for the implementation of this rule.

(2) The specific responsibility for the implementation of this rule rests with the managing officers of the ODYS institutions or their designees.

(B) All ODYS personnel and all visitors are prohibited from conveying into any ODYS institution, or onto the grounds of any ODYS institution, the following items:

(1) Weapons of any kind, or facsimiles thereof, including but not limited to any type of firearms, longbow, crossbow, sling shot, tomahawk, switchblade knife, or any knife with a blade over three inches. No person or persons will hunt, trap, or target practice on any ODYS property with any of the above weapons or facsimiles thereof.

(2) Any intoxicating liquor, as defined in section 4301.01 of the Revised Code. An exception to prohibited conveying of certain items onto property of state facilities is provided in division (B) of section 2921.36 of the Revised Code.

(3) Any form of tobacco product.

(4) Any medication, sedatives, stimulants, or narcotic drug for any youth except as officially requested by the managing officer of the institution. Personnel will not convey into any ODYS institution any stimulant, narcotic medicine, or drug for their own use without the authorization of the managing officer or staff member designated by the managing officer.

(5) Letters or other forms of correspondence to or from ODYS youth who are confined in any ODYS institution, without authorization of the managing officer or staff members designated by the managing officer. This includes conveying correspondence out of the institution.

(6) Any communication or recording device, including but not limited to pager, cellular phone, walkie-talkie, or camera, not issued by the state of Ohio unless authorized by the managing officer or designee.

(C) The managing officer of all ODYS institutions will immediately bring all possible violations of this rule to the attention of the deputy director of the division responsible for institutions and the chief inspector's office.

(D) Violations of this rule may result in the arrest and/or possible criminal prosecution against the employee, visitor, or trespasser pursuant to section 2921.37 of the Revised Code for violations under section 2921.36 of the Revised Code.

(E) Law enforcement officers are to be asked to deposit their weapons in the trunk of their vehicle or in a locked box outside of the institution's secure perimeter. Law enforcement officers will only be permitted to carry weapons into a secure perimeter of an institution with the approval of the director of the agency.

Last updated September 28, 2026 at 10:51 AM

History

• Effective: October 30, 2011
• Promulgated Under: 119.03

Ohio Adm.Code 5139-2-28 Search of visitors and staff at Ohio department of youth services institutions.

(A) This rule is to set guidelines for the search of visitors and employees at various institutions operated by the Ohio department of youth services (ODYS). These guidelines are intended to assure the ability of ODYS to prevent the introduction of weapons or other contraband into the institutions, while at the same time providing for only the minimum inconvenience and embarrassment necessary to accomplish this goal.

(1) The overall responsibility rests with the director of ODYS through the respective deputy director.

(2) The responsibility for the specific implementation of this rule rests with the managing officers.

(B) Visitors who are otherwise approved under the rules of the individual institution will be searched prior to their being allowed to enter the secure perimeter of the facility. Each institution will provide an area where searches of a visitor's person can be conducted.

(1) If, after visitation has commenced, institutional officials have reasonable grounds to believe a visitor is in possession of contraband, including a weapon, then that visitor will be required to submit to a further search. In these cases, the visitor should be escorted to an area isolated from the view of other visitors and youth where the search can be conducted to minimize embarrassment.

(2) All searches of a visitor's person under this rule will be confined to a metal detector and/or a "pat down" search, plus an examination of articles which the visitor may be carrying in his/her pockets, or articles on the visitor's person (handbags, wallets, etc.). All "pat down" searches of a visitor's person must be conducted by staff members of the same sex.

(3) If a visitor refuses to submit to a search at any time, that visitor will be required to leave the institution premises and further visitation privileges may be denied where it is deemed necessary. ODYS staff should not argue with, or agitate visitors regarding searches, but it must be made clear that visitation privileges can and will be terminated where a visitor fails to cooperate with staff members. Termination of the visitation privileges is the sole action which a staff member may take against a visitor under this rule. (The individual in charge of the institution may exercise the police power granted by section 2921.37 of the Revised Code, to arrest an individual for violation of section 2921.36 of the Revised Code.). If a visitor refuses to leave the premises when requested to do so, the state highway patrol should be summoned for assistance.

(C) All persons entering an ODYS institution will be required to submit to a metal detector search to include emptying of pockets and a search of all bags, boxes entering with that person. ODYS has a compelling interest in maintaining institutions free of contraband and weapons. Employees should be aware that these search procedures are a part of the conditions of their employment and it is expected that their cooperation will be forthcoming. Failure to submit to a search pursuant to this rule shall be considered adequate cause for the dismissal of an employee.

(1) An employee at a correctional facility shall be subject to further search if the institution's superintendent, or his designee, determines that there is probable cause to believe that the employee is in possession of a weapon or other contraband. "Probable cause" as used in this rule shall mean that the evidence presented leads to the reasonable belief that the employee is in possession of contraband or a weapon. A finding of probable cause shall be based upon reliable, probative evidence, which may include hearsay and other information or evidence which would not generally be admissible in a court of law. The superintendent or his designee shall set forth in writing the evidence relied upon in making his finding of probable cause as soon as practicable, after such finding is actually made.

(2) Once the finding of probable cause is made, the employee shall be subject to search at the direction of the superintendent, or his designee. The highway patrol will be summoned and they will send an officer who will be available to assure an orderly process and to take the employee into custody if charges are to be filed. ODYS staff will be responsible for physically conducting the search. All searches for cause of an employee shall be conducted by a staff member of the same sex. If an employee refuses to submit to a search, no physical coercion shall be used but the employee shall be ordered to leave the premises immediately and will be subject to disciplinary action, up to and including dismissal.

(3) In most cases no action will be taken prior to the arrival of the highway patrol; however, in cases where time is of the essence and where there is no time to await the arrival of the highway patrol, an expedited procedure should be used. This expedited procedure should be used, for example, where there is clear and convincing evidence that the employee is in possession of contraband and, further, intends to destroy or distribute such contraband before the patrol could reasonably be expected to arrive. In these types of cases, where exigent circumstances exist, the state highway patrol should be summoned immediately and then ODYS staff should proceed in the following manner. The individual employee should be initially escorted to an area isolated from the view of other employees and youth in order to avoid any unnecessary embarrassment. Where practical, a union representative, or other suitable employee witness should also be present. Once the employee is isolated, he will be "patted down" to assure that there are no weapons on his person. No further search should be conducted by ODYS staff until the arrival of the highway patrol. The employee may be detained in this area for a reasonable time until the arrival of the highway patrol.

(4) Once a highway patrol officer arrives, he will assure an orderly process and observe any further search which is deemed necessary. In no case shall an employee be detained against his will nor physically compelled to submit to a search by ODYS staff. If an employee refuses to be searched or to remain under observation until the highway patrol arrives, the employee should be advised that he will be subject to disciplinary action up to and including dismissal, and required to immediately leave the premises.

(5) In cases where there has been a finding of probable cause by the superintendent or his designee that an employee possesses a weapon, and there is further reason to believe that the employee intends to harm himself or others in the immediate future, ODYS staff should proceed in the following manner. The Ohio highway patrol should be summoned immediately and the suspected employee should be isolated as much as possible and as inconspicuously as possible. The employee can be isolated by either moving him away from other individuals or by moving other individuals away from him. Care must be taken so that whatever action is undertaken to isolate the employee is inconspicuous and does not arouse the employee's suspicion and possibly precipitate an incident or confrontation. The superintendent must use his own best judgment in this type of situation and the safety of the youth, visitors and other employees must always be of paramount importance. No attempt should be made to search the employee prior to the arrival of the patrol and, as always, upon their arrival the patrol shall be in charge of the matter and further direction will come from them.

(D) Any employee who is subjected to a search under this rule may request that the action of the superintendent or other staff members be reviewed through the existing grievance procedure. Since the superintendent or his designee will necessarily be the subject of such grievance, the grievance will proceed directly to the fourth level (director level review) for consideration.

Last updated September 28, 2026 at 10:51 AM

History

• Effective: October 30, 2006
• Promulgated Under: 119.03

Chapter 5139-5 Grievance Procedure for Youth

Ohio Adm.Code 5139-5-02 The office of the chief inspector.

(A) Pursuant to section 5139.04 of the Revised Code the office of the chief inspector is established to administer an effective grievance procedure for youth and to perform other duties assigned by the director.

(B) The chief inspector is appointed, pursuant to section 5139.02 of the Revised Code, by the director of the department of youth services to serve in the unclassified service at the pleasure of the director.

(C) The chief inspector shall:

(1) Serve as the chief administrator of the grievance procedure for youth;

(2) Investigate and monitor practices within the department of youth services to ensure that all laws as well as rules, regulations and directives of the department and subordinate facilities are being followed and applied fairly throughout the system, and report to the director any noncompliance with recommendations for corrective action;

(3) Review every grievance to ensure consistency and compliance with all relevant Ohio department of youth services policies and procedures. Ensure that both the handling of the grievance and the determination of the matter at issue in the grievance were consistant with Ohio department of youth services policies and procedures.

(4) Require periodic reports from each institution and regional office with information relating to the youth grievance procedure;

(5) Submit to the director an annual report including a statistical and narrative summary as to the numbers and nature of all grievances processed during the report period, their disposition, and the status of all pending grievances by institution and region throughout the department of youth services. The annual report shall be a public record and shall be available to the public during reasonable hours. The annual report will be filed with the office of the governor and with any standing legislative committee on juvenile correction herein after established;

(6) Continuously monitor the utilization and operation of the youth grievance procedure;

(7) Initiate and supervise on going training for department staff to maintain an active awareness and understanding of the youth grievance procedure;

(8) Conduct periodic audits of all records filed for each institution and regional office to ensure proper documentation and utilization of the grievance procedure for youth;

(9) Monitor the orientation of youth to the use of the grievance procedure;

(10) With approval of the director, appoint any assistants necessary to fulfill the mission of the office;

(11) Perform other duties related to grievance procedures as appropriate and/or assigned by the director.

(D) The chief inspector shall have all necessary authority to perform the required duties and responsibilities of the office of chief inspector. The chief inspector shall have full investigative powers and complete access at any time to all facilities, offices, or installations under the jurisdiction of the department of youth services. All records, files, documentation, and any other information shall be available to the chief inspector upon request. Any employee of the department of youth services who falsifies information or otherwise obstructs an investigation of the chief inspector in any manner will be subject to disciplinary action.

(E) The office of the chief inspector shall not accept jurisdiction of a grievance until all administrative remedies have been exhausted at the local institution or regional office, with the exception of grievances that allege that a managing officer was personally involved in a violation of law or policy and approved it or did nothing to prevent it. A grievance directed against a managing officer shall be referred immediately to the attention of the chief inspector for investigation and disposition.

(F) Upon receipt of a grievance against a managing officer, the chief inspector shall send notice to all affected parties setting forth the date the grievance was received by the chief inspector and specifying that the grievance will be investigated and reviewed within ten working days. All affected parties shall be provided with a copy of the chief inspector's decision.

(G) The chief inspector may establish procedures for the resolution of emergency grievances on a priority basis. An emergency grievance is one which requires immediate resolution in order to avoid irreparable harm to the youth or the institution.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 111.15

Chapter 5139-8 Youth Allowance

Ohio Adm.Code 5139-8-01 Procedure for providing youth allowance.

(A) The intent of this rule is to establish a uniform procedure to provide youth within the institutions with an allowance to enable them to make commissary purchases. .

(B) Each fiscal year the director of the department shall determine the maximum monthly dollar amount which may be deposited into the individual youth's account.

(C) At the discretion of each institution, the institution shall determine, on a monthly basis, those youths who have no funds or less than the maximum monthly dollar amount in their individual account. Based on such determination, the business office may transfer funds of up to the maximum monthly dollar amount from designated accounts to be deposited in the youths' individual accounts.

(D) Once the funds have been deposited in the youths' accounts, the youths may make commissary purchases and such purchases shall be debited to the youths' individual accounts.

Last updated September 28, 2026 at 10:52 AM

History

• Effective: October 30, 2006
• Promulgated Under: 111.15

Chapter 5139-17 Finances of Community Residential Networks

Ohio Adm.Code 5139-17-03 Overview; days of care reporting.

An attendance record form designed to record and accumulate agency days of childcare will be provided by the department and must be maintained at the community residential provider for a period of three years after the close of the department's fiscal year. The originals are to be submitted on or before the fifth of each month to the department's regional office responsible for the provider's operation for validation. Upon validation, a regional office staff member will sign and forward the originals to the central office bureau of accounting, retain a copy for their files and forward a copy to the provider.

Last updated September 28, 2026 at 10:52 AM

History

• Effective: November 10, 2001
• Promulgated Under: 119.03

Ohio Adm.Code 5139-17-04 Contract period and reporting requirements.

(A) The department shall execute a written contract with each community residential provider from which residential services are to be purchased. The contract shall:

(1) Include all terms of the contract in one instrument, be dated, and be executed by authorized representatives of all parties to the contract, prior to the date of implementation, unless emergency approval is given.

(2) Have a definite effective date and a maximum durational term for the provision of services under the contract.

(3) Include the maximum dollar amount for the services to be provided.

(4) Provide the rate(s) of service in the contract.

(5) Include a statement that the community residential provider shall comply with the standards specified in Chapter 5139-17 of the Administrative Code.

(6) Specify the location of the community residential provider to be used in providing residential services for department youth.

Last updated September 28, 2026 at 10:52 AM

History

• Effective: October 30, 2006
• Promulgated Under: 119.03

Chapter 5139-25 Notice

Ohio Adm.Code 5139-25-01 Notice procedure.

The procedure of the department of youth services for giving public notice relative to the adoption, amendment or rescission of rules under Chapter 119. of the Revised Code shall be:

(A) The department shall cause a statement of its intention to consider adopting, amending or rescinding a rule, a brief synopsis or a general statement of said proposed rule for adoption, amendment or rescission, a statement of the reason or purpose for adopting, amending or rescinding the rule, and the date, time and place of hearing on the proposed action, to be published in the register of Ohio no less than thirty days prior to the hearing. The department may take additional steps to inform interested persons of the date, time and place of the public hearing and the brief synopsis or general statement regarding the proposal. The provision of such additional notice is not mandatory and the failure to give notice by any means other than as required by Chapter 119. of the Revised Code shall not in any way invalidate any action taken by the department.

(B) The department shall furnish the public notice required under section 119.03 of the Revised Code and as detailed by paragraph (A) of this rule to any person who requests notice in writing and who supplies an addressed, stamped envelope. Such requests shall be responded to promptly, but the department cannot in all cases guarantee notice thirty days prior to the hearing date.

(C) The department shall furnish a legible copy of the text of the proposed rule to be adopted, amended or rescinded and any accompanying rule summary and fiscal analysis to any person upon request.

Last updated July 29, 2022 at 9:15 AM

History

• Effective: October 19, 2012
• Promulgated Under: 119.03

Chapter 5139-35 Community Residential Centers

Ohio Adm.Code 5139-35-01 Definitions.

(A) "Admissions officer" means for purposes of this chapter, the admissions officer is that person responsible for carrying out the admissions process.

(B) "Admissions process" means the point of entry into a program, during admission processing, the child receives an orientation to the goals of the program and program rules and regulations. Assignment to living quarters and to appropriate staff members is also completed at this time.

(C) "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.

(D) "Approval" means written authorization to operate a residential center from the department under state law and is issued by the department when a facility meets applicable standards.

(E) "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.

(F) "Child care staff member" means for the purpose of staff/child ratio, one whose duty is primarily the supervision of child or the immediate supervisor of child supervision staff. This would not include teachers, cooks, tradesmen, etc., whose child supervision duties are incidental to their primary responsibility.

(G) "Code of ethics" means a set of rules describing acceptable standards of conduct for all employees.

(H) "Community residential center" means a facility, referred to hereafter as CRC, in which children, are given care and supervision twenty-four hours a day.

(I) "Community resources" means those social and welfare 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.

(J) "Compliance" means adherence to one hundred per cent of the mandatory standards and ninety per cent of the recommended standards outlined in this chapter.

(K) "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.

(L) "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.

(M) "Contractual arrangement" means an agreement between parties to provide services to children for remuneration.

(N) "Corporal punishment" means any act of inflicting punishment directly on the body, causing pain or injury.

(O) "Department" the Ohio department of youth services.

(P) "Director" means the director of the Ohio department of youth services.

(Q) "Dormitory" means any room sleeping more than five children.

(R) "Emergency" any significant disruption of normal facility or agency procedure, policy, or activity caused by riot, escape, fire, natural or man-made disaster, employee actions, self-injurious or suicidal behavior, or other serious incidents.

(S) "Emergency care" means care 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 child population by the medical director, physician, other staff, local ambulance services and/or outside hospital emergency rooms.

(T) "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 children.

(U) "Facility administrator" means any official, regardless of local title (e.g., director, administrator, superintendent), who has the responsibility for day-to-day management of the facility.

(V) "First aid" means care for a condition that requires immediate assistance from a person trained in first aid and care. Care can include the use of the facility's first-aid kits.

(W) "Grievance" means a circumstance or action considered to be unjust and grounds for complaint.

(X) "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.

(Y) "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.

(Z) "Least restrictive physical restraint" 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.

(AA) "Living unit" means an area of a CRC 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.

(BB) "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.

(CC) "New plant" means a facility which has been constructed, as contrasted to renovated, remodeled or added to.

(DD) "Orientation" means the process, or the period of time, in which a new employee is acquainted with all aspects of the CRC.

(EE) "Parent governmental agency (parent agency)" means the administrative department or division to whom the agency seeking funding or approval reports; it is the policy setting body.

(FF) "Physical force" means 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.

(GG) "Placing agency" means the court or agency which refers the child for out of-home placement.

(HH) "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 or direction of an organization within which the activities of the personnel and units must operate.

(II) "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.

(JJ) "Program" means the plan or system through which a correctional agency works to meet its goals.

(KK) "Provisional approval" means the written authorization for residential center to operate under state law which may be issued by the department when a residential facility is temporarily unable to comply with one or more standards but is in the process of coming into full compliance.

(LL) "Qualified health care personnel" means physicians, dentists, nurses, mental health clinicians and other professional and technical workers whose primary duties are to provide services to residents and who are licensed, registered or certified as appropriate to their qualification or registration.

(MM) "Rated capacity" means the number of residents 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.

(NN) "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, detainers, personal property receipts, visitors' lists, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, and miscellaneous correspondence.

(OO) "Referral" means the process by which a child is introduced to an agency or service where the assistance needed can be obtained.

(PP) "Renovation" means a significant structural or design change in the physical plant of a facility.

(QQ) "Residents" means all children who reside in a facility.

(RR) "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, by virtue of education, experience and certification are capable of assuming responsibility for arranging and ensuring the quality of health and mental health services.

(SS) "Restraining device" means any mechanical object designed to physically control or incapacitate a person. These include handcuffs, ankle shackles, straight jackets, restraining straps and other such devices.

(TT) "Restraint" means the extraordinary restriction of a child's freedom or freedom of movement.

(UU) "Room confinement" means the involuntary restriction of a child in a cell, room or other area identified by the 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 for brief periods of transitions, such as shift changes. Medical isolation and self-confinement are not considered room confinement.

(VV) "Safety equipment" means firefighting equipment, i.e., chemical extinguishers, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, first-aid kits, stretchers, and emergency alarms.

(WW) "Search" means an examination falling into one of the following three categories;

(1) "Frisk search" means 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.

(2) "Strip search" means 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.

(3) "Body cavity search" means a probe of a resident's lower body cavity(ies) to be conducted by trained personnel.

(XX) "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.

(YY) "Secure institution" means any facility or portion of that facility that is designed and operated to ensure that all entrances and exits are under the exclusive control of the facility' staff, thereby not allowing a child to leave the facility unsupervised or without permission.

(ZZ) "Security devices" means locks, gates, doors, bars, fences, screens, ceiling, 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. Also, a situation containing an imminent threat to the security of the institution and/or to the safety of residents, employees, or visitors on the grounds of the institution.

Last updated February 21, 2024 at 1:43 PM

History

• Effective: December 12, 2019
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-02 Approval process.

(A) Application

Any CRC which is designed to accommodate not more than one hundred fifty children at any one time, and which believes that it meets the requirements of Chapter 5139-35 of the Administrative Code, may apply for approval from the department. The department will post on their website when applications for new CRCs are being accepted.

(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 5139-35 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 - the applicant meets standards set forth in Chapter 5139-35 of the Administrative Code. The approval is effective on the date of the signature of the director or designee.

(b) A provisional approval - 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 - the applicant has not demonstrated its compliance with the standards set forth in Chapter 5139-35 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 department. Such appeal shall be reviewed by the director of the department or designee.

(4) Within thirty days following the receipt of the appeal, the department shall render a decision in writing by certified mail to the CRC.

(5) The decision of the department shall be final.

(C) Annual inspection

(1) All facilities shall submit to an annual inspection conducted by a department representative.

(2) If the department believes that a CRC is in violation of provisions of Chapter 5139-35 of the Administration Code, it will issue a finding of non compliance and a request for a corrective action plan within in a timeframe established by the department.

(3) The department will not issue a certificate of compliance until all standards have been met.

Last updated March 24, 2025 at 8:01 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-03 Administration, organization and management.

(A) The following standards are mandatory:

(1) The community residential center ("CRC") has a policy manual that is made available to staff.

(2) The CRC meets all applicable licensing requirements of the jurisdiction in which it is located.

(3) The CRC shall allow authorized staff of the department to inspect all aspects of the CRC. Such inspections may include, but not be limited to, evaluation of the physical condition of the CRC, observation and evaluation of the care and services provided to residents by interviewing staff and residents of the rehabilitation center, reviewing case records, and by other appropriate means.

(4) A CRC shall have written policies and procedures regarding the photographing and audio or audio-visual recordings of children in care which require that:

(a) 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.

(b) All photographs and recordings be used in a manner which respects the dignity and confidentiality of the child.

(5) There exists a written statement that describes the philosophy, goals or purposes of the CRC, which is reviewed at least annually and updated, if necessary. The CRC administrator participates in the formulation of specific CRC goals and objectives.

(6) Written policy and procedure provide for a communication system within the CRC that requires, at a minimum, that the CRC administrator meet at least quarterly with the supervisory staff, and all department heads meet monthly with their key staff members.

(7) There is an operations manual that delineates written policy and procedures for operating and maintaining the CRC. The manual is explained and made available to all employees at the time of their employment. There is an organizational chart for the CRC staff that accurately reflects the structure of authority, responsibility and accountability within the CRC.

(8) The CRC and its programs are managed by a single administrative officer to whom all employees or units of management are responsible.

(9) The CRC shall not admit any child/youth who is a resident of another state or country unless the CRC documents in the child's case record that the party making the placement has the legal authority to make the placement. All such placements shall be made in conformity with the terms of section 2151.56 of the Revised Code or sections 5103.20 to 5103.28 of the Revised Code.

(10) A CRC shall have written policies regarding the participation of children in research projects. These policies shall conform to the 45 C.F.R. 46.101 to 46.119.

(B) The following standard is recommended for public agencies:

A publicly operated CRC shall have an advisory board of at least five persons representing the juvenile justice system, educational and other youth services agencies of the community. The board shall meet at least annually.

(C) The following standards are recommended for private agencies:

(1) The governing body of the agency shall be responsible for the operation of the CRC. This body shall consist of at least five members representing the juvenile justice system, educational and other youth service agencies of the community.

(2) The agency shall be incorporated in compliance with section 5103.04 and Chapter 1701. or 1702. of the Revised Code.

Last updated March 24, 2025 at 8:01 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-04 Fiscal management.

The following standards are mandatory:

(A) There exists an adequate system of budgeting and accounting which controls the fiscal operation of the CRC.

(B) Juveniles funds held by the CRC are controlled by generally accepted accounting procedures.

(C) A CRC shall not permit public funds to be paid or committed to be paid to any corporation, firm, association or business in which any of the members of the governing body of the CRC, the executive personnel of the CRC, or the members of the immediate family of members of the governing body or executive personnel have any direct or indirect financial interest, or in which any of these persons serve as an officer or employee, unless the services or goods involved are provided at a competitive cost or under terms favorable to the CRC. The CRC shall make a written disclosure of any financial transaction with the CRC in which a member of the board or his/her immediate family is involved.

Last updated December 12, 2024 at 8:16 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-05 Personnel.

(A) The following standards are mandatory:

(1) When children are present during the waking hours, there shall be at least one child-care staff member for each twelve children at the CRC and a female child care worker shall be on duty at all times when female residents are present. A ratio of twenty-five children to one child-care staff member shall be required for sleeping hours.

(2) 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.

(3) The prospective employee's failure to report criminal convictions or moving traffic violations shall be considered cause for progressive discipline, including separation from employment.

(4) The report of any criminal records check conducted by BCII in accordance with section 109.572 of the Revised Code and pursuant to a request made by the agency is not a public record. The report shall be made available only to the following persons:

(a) The person who is the subject of the criminal records check or the person's representative.

(b) The agency requesting the criminal records check or its representative.

(c) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment, approval or certification to the person.

(d) ODYS employees as required for compliance, inspection or monitoring purposes.

(5) An agency shall document that any person hired after October 29, 1993 as administrator, 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)(6)(a) of this rule except as provided in paragraph (A)(7) of this rule.

(6) Except as provided in paragraph (A)(7) of this rule, an agency shall not hire a prospective employee as administrator, 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, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 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 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 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)(6)(a) of this rule.

(7) A prospective employee convicted of or who has pled guilty to an offense listed in paragraph (A)(6)(a) of this rule may be hired by an agency as an administrator, 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 functionally impaired person as defined in division (A) of section 2903.10 of the Revised Code.

(iii) An intellectually disabled person as defined in division (N) of section 5123.01 of the Revised Code.

(iv) A developmentally disabled person as defined in division (Q) of section 5123.01 of the Revised Code.

(v) A person with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.

(vi) 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)(6)(a) of this rule, if the felony bears a direct and substantial relationship to the duties and responsibilities of the position being filled.

(xii) Any others factors the public children services agency, private child placing agency or private noncustodial agency considers relevant.

(8) It is the prospective employee's duty to provide written verification that the conditions specified in paragraph (A)(7) of this rule are met. If the prospective employee fails to provide such proof or if the agency 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 agency serves.

(9) To determine whether a prospective employee is qualified to be hired pursuant to paragraph (A)(6)(a) of this rule, a criminal records check shall be conducted pursuant to this rule.

(10) An agency may conditionally hire a prospective employee until the criminal records check required by this rule is completed and the agency receives the results of the criminal record check, if the prospective employee submits to the agency a signed statement attesting that the prospective employee has not been convicted of or pleaded guilty to any offense listed in paragraph (A)(6)(a) of this rule. If the results of the criminal record check indicate that the person does not qualify for employment, the agency shall release the person from employment. Conditionally hired empolyees should not work directly with youth.

(11) The provisions of paragraph (A)(7) of this rule must be considered for any prospective employee who has been convicted of, or pled guilty to, one or more of the offenses listed in paragraph (A)(6)(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.

(12) A conviction of, or plea of guilty to, an offense listed in paragraph (A)(6)(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.

(13) Current employees suspected of involvement in any of the offenses listed in paragraph (A)(6)(a) of this rule shall have no contact with residents until the public children services agency or law enforcement agency has completed its investigation and has made applicable recommendations.

(14) An agency 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. All licensures or certifications will be current and valid.

(15) Each CRC shall have written policies and procedures concerning personnel matters including, but not limited to, job descriptions and job qualifications. The policies and procedures shall be approved by the parent agency and be available to all employees.

(16) 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.

(17) 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.

(18) 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 agency employees who have a need for the record in the performance of their duties. 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.

(19) There is a written employee grievance procedure which is available to all employees.

(B)

Last updated March 24, 2025 at 8:02 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-06 Training and staff development.

The following standards are mandatory:

(A) Written policy and procedure provide that all new full-time child-care staff receive eighty hours of orientation training before assuming independent responsibility for a particular job. This orientation training is to include at a minimum orientation to the purpose, goal, policies and procedures of the institution and parent agencies, working conditions and regulations, responsibilities and rights of employees, an overview of the juvenile justice and correctional fields, security procedures, supervision of children, use of force regulations, mandatory reporting of child abuse, Prison Rape Elimination Act (PREA), report writing, juvenile rules and regulations, rights and responsibilities of children, fire and emergency procedures, child growth and development, communication skills, first aid, CPR, suicide prevention and assessment, and some preparatory instruction related to the particular job.

(B) Written policy and procedure provide that all child-care staff receive forty hours of training each subsequent year of employment. This training is to include at a minimum the following and other related subjects: security procedures, supervision of children, use of force regulations, report writing, juvenile rules and regulations, rights and responsibilities of children, fire and emergency procedures, , child growth and development, communication skills, first aid, CPR, suicide prevention and assessment.

(C) Written policy and procedure provide that all managerial staff receive forty hours of training during their first year of employment and twenty hours of training each subsequent year of employment. This training covers the following areas and other related subjects: general management and related subjects; labor laws; employee-management relations; overview of the criminal justice systems; and relationships with other agencies.

(D) Written policy and procedure provide that employees other than child-care staff and managerial staff receive at least sixteen hours of orientation training and an additional sixteen hours each subsequent year of employment, appropriate to their work assignment.

Last updated March 24, 2025 at 8:02 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-07 Juvenile records.

The following standards are recommended:

(A) An admittance record is completed for every child admitted to the CRC and contains at least the following information:

Date and time of admission;

Name and "also known as (AKA)";

Last known address;

Legal custody status;

Offenses;

Sex;

Date of birth;

Place of birth;

Race or nationality;

Education and school attended;

Employment, if any;

Religion;

Health status;

Name, relationship, address and telephone of parent(s)/person(s) the child resided with prior to the time of admission;

Driver's license number, social security and medicaid number, if applicable;

A physical description;

A recent photograph;

Emergency contact;

Placing agency and contact.

(B) The record maintained on each child is kept in a secure place within the CRC and includes, at a minimum, the following information:

Initial intake information form;

Documented legal authority to accept juveniles;

Visitors' names and dates of visits, if any;

Disciplinary record, if any;

Final discharge report;

Incident reports;

Medical information;

Name of child's attorney, if any;

Individual service plan;

Progress reports.

(C) There is a single master file identifying all children in the CRC.

(D) Policy and procedure require records be safeguarded from inappropriate disclosure.

Last updated October 31, 2024 at 8:48 AM

History

• Effective: October 31, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-08 Physical plant.

(A) The following standards are mandatory:

(1) The CRC shall have exits that are properly positioned, clear, and distinctly and permanently marked in order to ensure the timely evacuation of children and staff in the event of fire or other emergency.

(2) All sleeping rooms in the CRC shall have, at a minimum, access to, but not necessarily within the sleeping room, and the following sanitation facilities: toilet above floor level, available for use twenty-four hours a day; wash basin and drinking water; hot and cold running water. A bed above floor level and storage space for personal items shall be provided.

(3) The CRC conforms to all applicable zoning ordinances.

(4) Each child is provided a bed, a mattress and a supply of linen.

(5) The CRC conforms to all applicable state and local building fire codes.

(6) If the CRC is on the grounds of any type of adult correctional facility, it is a separate self-contained unit.

(7) Written policy and procedure provide that male and female children do not occupy the same sleeping rooms.

(8) Written policy and procedure provide that children and adults do not share sleeping rooms.

(9) The CRC has, at a minimum, one operable wash basin with hot and cold running water for every six children.

(10) The CRC has, at a minimum, one operable shower or bathing facility with hot and cold running water for every six children.

(11) The CRC has one operable washer and one operable dryer for every sixteen children, or equivalent laundry capacity is available within one mile of the CRC.

(12) Within reasonable limits, the agency permits children to decorate their living and sleeping quarters with personal possessions, pictures and posters.

(13) There is counseling or interview space available in or near the living unit.

(14) Space to accommodate group meetings of the children is provided in the CRC.

(15) A visiting area is provided in the CRC.

(16) The average daily population during any given month does not exceed the rated capacity of the CRC.

(17) The sleeping area provides some degree of privacy.

(18) The CRC operates with living units of no more than twenty-five children each, based on the annual average daily population.

(19) The governing authority designates who is permitted to live in the CRC.

(B) The following standards are recommended for existing CRCs and mandatory for new plants and additions to existing CRCs:

(1) For CRCs whose admissions policy allows for seriously ill, mentally disordered, injured or nonambulatory children to be maintained in the CRC, there is at least one single occupancy room for them that provides for staff viewing.

(2) At least thiry-five square feet of floor space per child as determined by the annual average daily population is provided in the recreation areas, and windows at standard viewing height allowing for an external view.

(3) All sleeping rooms in CRCs shall have provisions for natural lighting and provide for seating space.

(4) A minimum of sixty square feet of floor space per child is provided in the sleeping area of the facility of which no more than four square feet is closet or wardrobe space.

(5) The CRC has, at a minimum, one operable toilet for every six children. Toilets shall have seats and shall be enclosed with partitions and doors.

Last updated October 31, 2024 at 8:48 AM

History

• Effective: October 31, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-09 New plant.

(A) The following standards are mandatory:

(1) The CRC is constructed to provide for physically handicapped persons.

(2) Each living unit is designed so that individual rooms, day rooms, and program staff offices are in close proximity to children for purposes of communication and interaction.

(3) Living units are designed for single occupancy sleeping rooms.

(4) With the exception of the auditorium/gymnasium, the CRC shall contain air conditioning and a back-up ventilation system.

(5) The CRC operates with living units of no more than fifteen children each, based on the annual average daily population.

(6) Handicapped children are housed in a manner that provides for their safety and security. Housing units used by them are designed for their use, and provide the maximum possible integration with the general population. Appropriate programs and activities are accessible to handicapped children who reside in the CRC.

(7) The CRC is within one-half mile of public transportation or other means of transportation are available.

(8) The total indoor activity area provides space for at least one hundred square feet per child based on the annual average daily population.

(9) There are at least fifteen square feet of floor space per person for those occupying the dining room or dining area.

(10) When the CRC provides food service, the kitchen is a separate and distinct area with ten square feet per child or two hundred square feet, whichever is less.

(11) There is an outdoor recreation area well-maintained and adequately designed to accommodate regularly scheduled recreation and group athletic activities.

(12) Space is available for religious services.

(13) When medical services are provided in-house, the CRC has a medical room with medical examination facilities available.

(14) There is storage space provided for the storage of children's property and personal belongings.

(15) When there is a medical room separate from the living unit, such room shall be equipped to provide for washing, drinking, toilet use, and safety needs of children.

(16) There are adequate areas for clothing, bedding, and CRC supplies.

(17) Closets for storage of cleaning supplies and equipment are located in each principal area and are well ventilated.

(B) The following standards are recommended:

(1) A needs assessment study is prepared in conjunction with appropriate local and state bodies.

(2) The CRC site location is determined with participation from the community in which it is to be located.

Last updated December 12, 2024 at 8:16 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-10 Safety and emergency procedures.

(A) The following standards are mandatory:

(1) The CRC complies with the regulations of the state or local fire safety authority, whichever has primary jurisdiction over the agency.

(2) Written policy and procedure specify CRC fire prevention regulations and practices to ensure the safety of staff, clients and visitors. These include, but are not limited to:

Provision for an adequate fire protection service;

A system of fire inspections and testing of equipment at least quarterly;

An annual inspection by local or state fire officials or other qualified person(s);

Availability of fire protection equipment at appropriate locations throughout the CRC.

(3) The CRC has written fire and other emergency plans which are communicated to all employees and children and reviewed annually and updated, if needed.

(4) Written emergency plans are disseminated to appropriate local authorities. Directions to and the location of exits, fire extinguishers, first-aid equipment, and other emergency equipment are posted in the CRC.

(5) All CRC personnel are trained in the implementation of written emergency plans.

(6) The CRC will conduct monthly emergency evacuation fire drills and quarterly emergency evacuation drills under varied conditions and during hours when a majority of children are present in the CRC. These are to be documented and retained for at least one year.

(7) The CRC has 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; adequacy and operation of the systems are approved by a state fire official or other qualified authority annually.

(8) Exits in the CRC are in compliance with either state or local fire safety authorities, whichever has primary jurisdiction over the CRC. If there is not an applicable state or local fire authority, there is documentation by an independent qualified source that the CRC complies with national fire safety codes.

(9) The CRC has available to it the services of a qualified fire and safety officer who reviews and approves all policies and procedures related to safety and fire prevention.

(10) The CRC has access to an alternate power source to maintain essential services in an emergency.

(11) There is a written plan which provides for continuous CRC operation in the event of a concerted employee work stoppage or other job action. Copies of this plan are available to all supervisory personnel who are required to familiarize themselves with its contents.

(B) The following standard is recommended for existing CRCs and mandatory for new plants:

Within ninety days after the effective date of this rule, specifications for the selection and approval of newly acquired furnishings for living areas indicate the fire safety performance requirements of the material selected. Such materials are subject to careful fire safety evaluation before purchase or use. Neoprene or cotton mattresses treated with boric acid are recommended. Polyurethane is not to be used in any living area.

Last updated December 12, 2024 at 8:16 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-11 Security and control.

(A) The following standards are mandatory:

(1) Written policy and procedure limit the use of physical force to instances of self-protection, protection of the child or others, and the prevention of property damage. In no event is physical force justifiable as punishment. In situations where physical force is used, only the least degree of force necessary to control a situation may be used. The use of prone restraint is banned 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.

(2) After any incident of physical force, the staff member involved shall, during or immediately after his/her shift, write an incident report to his/her supervisor. The report shall detail the circumstances requiring physical force and the mental and physical condition of the involved child.

(3) The CRC shall have a written policy, procedure, and practice providing for and documenting the examination and/or treatment by CRC medical personnel or outside emergency medical services of juveniles and/or staff involved in any response to resistance when:

(a) A person involved has suffered physical injury

(b) A person involved complains of an injury or requests medical assistance

(4) Written policies and procedures require reporting of suspected or alleged child abuse or neglect incidents to the public children services agency or law enforcement agency of appropriate jurisdiction and the court which has placed the child.

(5) When a child has been involved in a situation in which physical restraint or force, by a staff member, has been used, a detailed written incident report must be submitted within twenty-four hours to the court which has placed the child. In the event that the child requires medical attention, the court which has placed the child shall be notified immediately.

(6) The CRC administrator or designee reviews all reports of incidents of physical force or physical restraint. The CRC administrator or designee shall take necessary action, including the notification of authorities under the child abuse reporting statute, section 2151.421 of the Revised Code.

(7) The CRC shall cooperate with the public children services agency or law enforcement agency during an investigation of suspected or alleged child abuse or neglect. Cooperation shall include, but not be limited to, permitting access to:

(a) The alleged child victim.

(b) The alleged perpetrator.

(c) Witnesses.

(d) Staff.

(e) Incident reports or logs, medical and dental records, personnel records, training records, procedural records, and other records which relate to the investigation of alleged child abuse or neglect.

(8) There exists written policies and procedures concerning security and control, which are available to all personnel. These policies and procedures are reviewed annually and updated as necessary.

(9) The use of chemical agents and related mechanical restraints is prohibited.

(10) Written policy and procedure require that all security perimeter entrances, exterior doors and all doors the CRC administrator determines should be locked are kept locked, except when used for admission or exit of employees, detained children or visitors, and in emergencies.

(11) The CRC shall maintain a system of accounting for the whereabouts of its children at all times.

(12) Written policy and procedure require that staff maintain a daily log that records routine and emergency situations.

(13) The written plan for searches of the CRC and children to control contraband has been reviewed by legal counsel to ascertain the legality of the plan.

(14) The policy regarding searches for the control of contraband is published, made available to staff and children, and reviewed at least annually and updated if necessary.

(15) The CRC shall have a written policy and procedure that provides for the least intrusive method of search consistent with the safety and security of the CRC. Frisk searches and/or strip searches may be conducted without specific authorization upon entry to the CRC and at all other times shall be based upon a reasonable suspicion that the juvenile is carrying contraband.

(16) All strip searches will be conducted in privacy. Body cavity searches 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.

(17) Except in emergency situations, firearms are not permitted in the CRC beyond the security perimeter. Staff are prohibited from bringing in and/or possessing any weapons within the CRC.

(18) Written policy and procedure govern the control and use of keys.

(19) Written policy and procedure govern the control and use of tools, medical and culinary equipment.

(20) There are written procedures for handling escapes, runaways and unauthorized absences. These are reviewed at least annually and updated as necessary.

(21) Written policy and procedure govern safety and security precautions pertaining to agency and staff vehicles.

(22) Transportation is available for use in emergencies.

Last updated March 24, 2025 at 8:02 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-12 Food service.

(A) The following standards are mandatory:

(1) Written policy, procedure and practice shall provide that an adequate diet including snacks, when provided by the center, incorporating the four basic food groups based on the most recent dietary allowance is provided to all children. Menus are reviewed annually by the responsible health care authority or a licensed dietitian.

(2) Written policy and procedure shall provide that any CRC 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 facility administrator shall certify the administration of the meals as ordered.

(3) Written policy shall prohibit meals and/or snacks being used in any punitive manner as a consequence of behavior.

(4) Written policy and procedure shall specify that food service shall be properly supervised and shall comply with the applicable sanitation and health code as promulgated by federal, state and local authorities.

(5) Written policy and procedure shall specify that children shall be encouraged to eat a variety of food served, but no child shall be subjected to coercion, including forced feeding for refusing to eat, unless for medical or treatment-related reasons.

(6) Written policy, procedure and practice shall 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.

(7) The food service plan shall provide for a single menu for staff and children.

(8) Menus shall be planned at least a week in advance and shall be on a three-week or longer cycle. Records of food purchased and menus shall be retained for one year.

(9) Upon reasonable request, food shall be provided to a child when he/she is admitted to a CRC.

(B) The following standard is recommended:

Written policy, procedure and practice shall designate that each facility shall have a person on staff responsible for the overall food service operation and distribution of all meals assuring the utilization of acceptable food handling practices.

Last updated March 24, 2025 at 8:02 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-13 Sanitation and hygiene.

The following standards are mandatory:

(A) Written policy, procedure and practice shall provide that soap, washcloths, towels, toothbrush, toothpaste, deodorant, shampoo, hair and skin products and personal hygiene supplies be provided to the child by the CRC.

(B) Written policy, procedure and practice shall designate the specific duties that the children must assume in the care and upkeep of their own sleeping and living quarters. Each juvenile shall be provided a bed, mattress, and a supply of sanitized linens. Used bed linens and mattresses shall be sanitized prior to reissue.

(C) Written policy, procedure and practice shall require that the CRC administrator, in conjunction with the CRC's governing body, develop and implement a system designed to detect building and equipment deterioration, safety hazards and unsanitary conditions and to provide for the proper reporting of needed corrections or modifications. Such policies and procedures shall include a written plan for a daily inspection of the facility. Such inspection shall be recorded. Maintenance records shall be kept and subject to review by authorized personnel.

(D) Children shall be provided the opportunity for daily showers, and showers after strenuous activities.

(E) Written policy, procedure and practice shall provide for the control of vermin and pests by a licensed professional.

(F) Written policy shall require that under no circumstances shall a child confined in a CRC replace a janitor, maintenance, caretaking staff or other staff normally maintained for operations of the facility.

(G) Written policy, procedure and practice provide that programs comply with all applicable governmental regulations and standards. At a minimum, these policies cover the following:

(1) Sanitation inspections

(2) Water supply testing

(3) Waste disposal

(4) Housekeeping

(5) Clothing and building supplies

(6) Bathing and personal hygiene

(7) Hair care services

Last updated December 12, 2024 at 8:17 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-14 Medical and health care services.

The following standards are mandatory:

(A) Written policy and procedure shall require each CRC to have a licensed physician(s) or medical resources such as a hospital or clinic designated for the medical supervision, care and treatment of residents. The CRC shall ensure twenty-four-hour availability of consultation, advice and emergency services response. Such resources shall be located in the same or nearby community.

(B) Written policy and procedure shall require that a medical examination be conducted within fourteen days before or after admission and updated annually.

(C) Written policy and procedure shall provide for the prompt notification of children's parents/guardians and the responsible agency in case of serious illness, serious surgery, serious injury or death.

(D) The CRC 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.

(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/or under the supervision of the health autority and/or facility administrator or designee.

(6) Accountability for administering or distributing medications in a timely manner and according to physician's orders.

(E) Written policy shall prohibit the administration of stimulants, tranquilizers, or psychotropic drugs, solely for behavior management, unless it is a part of an on-going therapeutic medical treatment procedure prescribed by the responsible health care authority.

(F) Written policy and procedure require that, following the admission of a child, the CRC shall attempt to verify prescribed medications and the proper dosages of these medications are administered at the time interval prescribed by the appropriate medical authority.

(G) Written policy and procedure shall require that each staff person who is responsible, in whole or in part, for administering medication to a child be provided with a written schedule of the child's medication. In addition, a copy of this schedule shall be maintained in each child's record and shall, at a minimum, include the following instructions and information:

(1) The name of the child.

(2) The name of each medication to be administered.

(3) The proper dosage of each medication to be administered.

(4) The timetable for administration.

(5) All unique instructions regarding administration.

(6) Information provided by qualified health care personnel concerning possible side effects of each medication.

(H) Written policy and procedure shall 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.

(I) Written policy and procedure shall require a written plan for the staff's response to children who are identified as potentially suicidal.

(J) Written policy and procedure shall require that first-aid kits are available and have been approved by qualified health care personnel. These kits will be maintained to ensure that the contents are in good condition.

(K) Written policy and procedure shall require that all staff be certified and maintain certification in first aid and CPR.

(L) The CRC shall have written policy and procedure governing the development, and subsequent updating, of a facility formulary or drug list for pharmaceuticals stocked by the facility.

(M) Written policy and procedure shall require that children be informed of the procedures for gaining access to medical services.

(N) Written policy and procedure shall provide for informing appropriate staff of special medical and mental health problems of children.

(O) All written policies and procedures are approved by the responsible health care authority.

(P) Written policy and procedure shall require that in consultation with the child's physician, each facility shall periodically review each child's 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 child's medication without the approval of a physician.

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

(R) Written policy and procedure shall require that the responsibility for arranging emergency treatment of dental needs be that of the facility.

(S) Written policy and procedure shall require that poison control numbers and other emergency numbers be clearly posted and readily accessible to staff.

(T) Written policy and procedure shall specify that emergency mental health services for children be provided by qualified mental health professionals.

(U) Written policy and procedure shall provide that at the time of admission, each child shall be screened for symptoms of illness or injury by a licensed physician, registered nurse, licensed practical nurse, physician's assistant, or by a staff person who has received training in health screening techniques. All findings are recorded on an approved screening form.

(V) Written policy and procedure shall provide that when a child requires medical attention in a potentially health-threatening emergency and such treatment conflicts with the religious tenets or practices of the child's custodial parent, the CRC shall immediately transport the child to a medical facility and refer the matter, as appropriate, to a juvenile judge in committing county, the department, the county children services board or county department of human services. The CRC shall further notify the person or agency who placed the child.

Last updated December 12, 2024 at 8:17 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-15 Admissions and discharge.

The following standards are mandatory:

(A) A CRC shall have a handbook for residents and their families. This handbook shall summarize the information covered by the CRC's statement of purpose and program. In addition the handbook shall contain:

(1) Regulations for residents 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 child.

(4) A complaint procedure for the resident and family.

(B) Where a language or literacy problem exists that can lead to a child's misunderstanding of agency rules and regulations, assistance is provided to the child either by staff or another qualified individual under the supervision of a staff member.

(C) A CRC shall have written admission criteria specifying the types of children accepted and detailing grounds for automatic rejection of a referral.

(D) A CRC shall not accept into care any child for whom the services provided by the CRC are not appropriate or sufficient.

(E) A CRC shall maintain an admissions log which shall include the name of each youth admitted, the date of admission, the date of birth, and the date of discharge.

(F) The acceptance of children for emergency shelter care must be stated in the written purpose of the CRC and the admission policy.

(G) At the time of emergency shelter care placement of a youth, the CRC shall obtain at least the following information: name, birth date if available, physical description of the child, any available medication information, date and time of the admission, name and authority of person bringing the child to CRC, and reason for placement.

(H) Upon admission, a CRC shall assign a child-care staff member to orient the child to life at the CRC, CRC rules and consequences for violations of rules. This orientation is documented by child and staff signatures.

(I) A CRC shall provide the handbook to parents or guardians of a resident and to any resident, unless the age or functioning level of the resident would clearly not permit the resident to read and understand the handbook. The handbook shall be given to the child and given or mailed to parents or guardians within the first seventy-two hours following admission.

(J) A CRC shall have a written policy which describes the conditions under which, and the procedures by which, a child will be discharged, including any criteria for emergency discharges and discharges not in accordance with the child's service plan.

(K) When a child is discharged, the CRC shall prepare, within thirty 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 placing agency, parent, or guardian.

(L) At least thirty days prior to any planned discharge, each CRC shall, in consultation with the placing agency, parent, or guardian, familiarize the child with the plans for his/her discharge.

(M) When a child is discharged, all of the following shall be documented in the child's case record.

(1) The reason for discharge.

(2) A brief summary or other documentation of medical and dental services provided while in residence.

(3) The new location of the child.

(4) The name and official title of the person to whom the child was released.

(N) For an unplanned discharge, there shall be a brief summary or other documentation of the circumstances surrounding the discharge.

Last updated December 12, 2024 at 8:17 AM

History

• Effective: December 12, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-16 Program.

The following standards are mandatory:

(A) Children are not permitted to perform any work prohibited by state and federal regulations and statutes pertaining to child labor.

(B) The CRC shall follow all minimum standards and rules of the Ohio department of education, as well as all other applicable state and federal law.

(C) Written policy and procedure require that the CRC shall provide reasonable access to religious programming. No negative consequences shall accrue from a child's refusal to participate in a religious service or religious function. All religions shall be afforded equal status and protection, subject to the limitations necessary to maintain order and security. Children's attendance at religious services and functions shall be voluntary.

(D) Provide one hour of large muscle recreational activities daily.

(E) Within thirty days of the date of admission of each child, the CRC shall develop and implement a service plan for each child. The agency which placed the child, the child's custodial parent, when possible, and staff members who provide direct care, counseling, group work, recreation, education, and health services shall be involved in developing and implementing the service plan for the child and the family.

(F) The child's service plan shall, at a minimum, contain:

(1) A statement of goals and objectives that the placement is designed to achieve,

(2) A statement of the time frame projected for meeting the placement goals and objectives,

(3) Specification of the activities, such as education, counseling, recreation, vocational, medical diagnosis, visitation with parents/guardians, medical services, food services, psychiatric and psychological counseling and religious programming that will be provided to the child by the CRC,

(4) Specification of any specialized services that will be provided or arranged,

(5) Specification of progress reports which are to be provided monthly to the agency which place the child.

(G) A CRC shall have a written description of the programs available to residents.

(H) The CRC shall have a list of community resources and consultants which will provide services to children.

(I) Vocational supervisors and instructors are licensed or accredited by the state or jurisdiction in which a CRC is located.

(J) All current written policies of the CRC shall be made available to all staff of the CRC.

(K) A CRC statement of purpose and program shall be routinely provided to any agency placing a child at the CRC and shall be made available to the public on request.

(L) The CRC shall provide individual counseling to each resident at least one time each week.

(M) Recreation supplies and equipment such as a pool table, ping pong table, etc., shall be available within the CRC.

(N) The CRC will provide varied activities, community service, and/or cultural experiences monthly to all children.

(O) Each CRC must work cooperatively with placing agencies and with the department.

(P) A designated staff member involved in the development and implementation of the child's treatment plan shall periodically, but in no event less often than every thirty days, review the treatment plan and recommend any amendments thereto to the person or agency who placed the child. Such reviews shall include a record of the current adjustment of each child and an evaluation to determine whether he/she should remain in the CRC.

(Q) Any change in a treatment plan is reviewed and discussed with the child. This review is dated and documented by staff and child signatures.

(R) Written policy and procedure require that library services be made available to all children. Written policy outlines specific criteria for utilizing, selecting and maintaining appropriate materials.

(S) Written policy and procedure provide that work assignments shall not conflict with minimum education programs.

Last updated March 24, 2025 at 8:02 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-17 Visiting and communications.

The following standards are mandatory:

(A) A CRC shall have a written policy concerning visits and communications between a child and family and friends. The information in this policy shall be included in written materials routinely provided to parents or legal custodians of the child and to the child.

(B) A CRC shall ensure that arrangements for visitation between the child and family or friends are not in conflict with the treatment plan and any court order. Visits shall be supervised in accordance with the treatment plan.

(C) A CRC shall, in accordance with the treatment plan, allow a child access to a telephone which will permit the child to make and receive calls.

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

(E) No correspondence to or from a resident shall be read by staff unless the CRC administrator has reasonable cause to believe the content of the correspondence may incite to endanger the CRC's order or security. If correspondence is read, the child must be informed.

(F) The CRC shall provide each resident with at least two stamps per week.

(G) All incoming and outgoing mail is forwarded within twenty-four hours, excluding weekends and holidays.

Last updated March 24, 2025 at 8:03 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-18 Juvenile rights.

The following standards are mandatory:

(A) No CRC or employee of a CRC shall in any way violate any child's civil rights.

(B) A CRC shall have a written policy to ensure that CRC staff and the CRC program protect the following rights of children:

(1) The right to a reasonable amount of privacy.

(2) The right to have his or 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 appropriate and reasonable adult guidance, support, and supervision.

(4) The right to receive adequate and appropriate food, clothing, and housing.

(5) The right to his/her own money and personal property in accordance with the child's service plan.

(6) The right to participate in an appropriate educational and/or vocational program.

(7) The reasonable and confidential access to counsel through attorneys and their authorized representatives as well as access to courts.

(8) The right to timely medical, dental and mental health services.

(9) The right to access to obstetrical, gynecological, family planning, health education and pregnancy management services for youth.

(10) The right to report incidents of sexual abuse, assault and sexual harassment to a dedicated staff member other than an immediate point of contact line staff member.

(C) If the CRC enforces any restrictions or temporary suspension upon the child's rights, the CRC shall:

(1) Inform the child of the conditions of and reasons for restriction or temporary suspension of his/her rights;

(2) Youth will be provided with a written report summarizing conditions of and reasons for restriction or temporary suspension of the child's rights. This report will be placed in that child's case record;

(3) When a restriction of a child's rights affects another individual, inform the individual(s) of the conditions of and reasons for the actions;

(4) Review of the decision not to exceed one week.

Last updated March 24, 2025 at 8:03 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-19 Control and treatment of children.

(A) The following standards are mandatory:

(1) The discipline policies of the CRC shall embrace the philosophy that discipline is to be both constructive and educational in nature. The CRC's discipline policies shall prohibit all punishments including, but not limited to:

(a) Any type of physical punishment inflicted in any manner upon the body such as spanking, punching, paddling, shaking, biting, or roughly handling a child.

(b) The assignment of physically strenuous harsh work or exercises, when used solely as a means of punishment.

(c) 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.

(2) The following acts are prohibited:

(a) Group punishments for the behavior of an individual,

(b) Verbal abuse or derogatory remarks,

(c) Excessive or prolonged denial of social or recreational activities,

(d) The denial of social or casework services, medical treatment, or educational services,

(e) The deprivation of meals, although scheduled meals may be provided individually,

(f) The use of psychotropic medication as a punishment,

(g) The denial of sleep,

(h) The denial of shelter, clothing, bedding, or restroom facilities,

(i) Excessive, inappropriate or intentionally painful physical restraint,

(j) Organized social ostracization, such as codes of silence,

(k) The use of chemical or mechanical restraints.

(l) Prone restraints

(3) A CRC shall ensure that any disciplinary or behavioral management response of staff do not result in the abuse or neglect of children.

(4) A CRC shall only use a locked confinement room in accordance with written CRC policy and the following:

(a) A CRC shall ensure that the use of confinement is not for disciplinary purposes, but for the behavioral management of a child who is out of control,

(b) A child shall not be confined without immediate approval from CRC administrator or designee.

(c) Written policy and procedures stating that the CRC director or designee review room confinement at a minimum of every four hours and document the continued need for room confinement.

(d) A child shall be maintained in confinement only as long as the child's behavior continues to warrant confinement as approved by the CRC administrator or designee. A child's behavior shall be re-evaluated every half hour until released from confinement.

(i) For children who are in self-confinement, staff will attempt to engage the child in programming hourly and attempt to determine the reason that the child is in self-confinement and if that reason can be resolved.

(ii) For a child who is placed in confinement due to medical concerns, the child will be placed on and removed from confinement by the health autority.

(e) Staff members shall ensure that a child who is placed in a locked confinement room is not in possession of any object or material which might be used to inflict self-injury.

(f) CRC shall have policy and procedure that governs when a youth is placed on a precationary watch status. When this occurs a staff member with no other assigned duty shall be in visual contact with the confined youth at all times and record his/her observations in a log every fifteen minutes.

(g) The log entry shall state the child's name, the time of placement in confinement, the name of the supervisory personnel authorizing placement, the reason for placement, time and name of supervisory personnel performing half hour re-evaluations, and the time of release.

(h) Any room used for confinement shall be lighted, well ventilated, and maintained at a comfortable temperature. The room shall be at least fifty six square feet in size, and shall have a ceiling height of at least seven feet, six inches.

(i) All children shall be treated with kindness, consistency, and respect.

(5) A CRC shall develop and implement, a written set of policies and procedures regarding discipline, control, and treatment of children. These policies and procedures shall be explained to each child, all staff, and a copy provided to persons or agencies who desire to place a child at the CRC.

(6) A CRC shall not discriminate in providing care and supervision to children on the basis of religion or cultural heritage.

(7) Discipline shall be delegated only to persons who are employees of the CRC. Children shall not discipline other children.

Last updated March 24, 2025 at 8:03 AM

History

• Effective: March 24, 2025
• Promulgated Under: 111.15

Ohio Adm.Code 5139-35-20 Evaluation and data collection.

(A) A CRC 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.

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

(3) Case file information will be accurate when compared by 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.

Last updated October 7, 2024 at 1:21 PM

History

• Effective: February 1, 2019
• Promulgated Under: 111.15

Chapter 5139-36 Community Corrections Facility

Ohio Adm.Code 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 courts and community and the bureau of community facilities, to operate and supervise juveniles placed by the court.

(D) "Annual average daily population" means the number arrived at by adding up the official resident count taken at an appointed time each day, consistently for a full fiscal year and dividing that figure by the total number of days in the year.

(E) "Bureau of Community Facilities" means the bureau in the division of courts and community, under the direction of the chief, that includes oversight and funding of community correctional facilities, detention facilities and OJJDP compliance.

(F) "Bureau of criminal identification and investigation (BCII)" means BCII may assist in the investigation of all criminal violations and specializes in cases involving organized crime, narcotics, racketeering, public corruption, computer and financial frauds. BCII maintains computerized criminal records submitted by law enforcement agencies through the automated fingerprint identification system. Millions of sets of fingerprints are classified and on file.

(G) "Treatment plan" means a series of written statements that specify the particular course of therapy and the roles of medical and non-medical personnel in carrying out the current course of therapy. A treatment plan is individualized and based on assessment of the individual's needs and includes a statement of the short and long term goals and the methods by which the goals will be pursued. When clinically indicated, the treatment plan provides residents with access to a range of supportive and rehabilitative services, e.g., individual or group counseling and/or self-help groups.

(H) "Chemical agent" means any chemical spray, gas, or powder used to temporarily incapacitate a person, including oleoresin capsicum (pepper spray), tear gas, and 2-chlorobenzalonitrite gas.

(I) "Code of ethics" means a set of rules describing acceptable standards of conduct for all employees.

(J) "Community Corrections Facility" means a county or multi county rehabilitation center for felony delinquents who have been committed to the department of youth services and diverted from care and custody in an institution and placed in the rehabilitation center pursuant to division (E) of section 5139.36 of the Revised Code.

(K) "Community resources" means those social service agencies, service clubs, citizen interest groups and citizen volunteers who have the potential to assist children. These various resources, which may be public or private, national or local, have the potential for help ranging from material and financial assistance, to guidance, counseling, and supportive services.

(L) "Confidentiality of records" means taking reasonable care to preclude unauthorized distribution of client and personnel information including the observance of federal privacy of information guidelines.

(M) "Conflict of interest" means any employee action that adversely affects the interest of the agency. Outside concerns may bring undue pressure upon the employee in his/her effort to make decisions concerning official duties.

(N) "Contraband" means any item possessed or found within the facility that is illegal by law or that is expressly prohibited by those legally charged with the responsibility for administration and operation of the facility or program.

(O) "Contractual arrangement" means an agreement between parties to provide services to children for remuneration.

(P) "Department" means the Ohio department of youth services.

(Q) "Direct-care staff member" means for the purpose of staff/child ratio, one whose duty is primarily the supervision of children or the immediate supervisor of child supervision staff.

(R) "Director" means the director of the Ohio department of youth services.

(S) "Emergency" means any significant disruption of normal facility or agency procedure, policy, or activity caused by disturbance, escape, fire, natural disaster, employee action, or other serious incident.

(T) "Emergency care" means care for an acute illness or unexpected health care need that cannot be deferred until the next scheduled sick call. Emergency care shall be provided to the juvenile population by the medical director, physician, other staff, local ambulance services and/or outside hospital emergency rooms.

(U) "Emergency plans" means written documents that address specific actions to be taken in an institutional emergency or catastrophe such as a fire, flood, disturbance or other major disruption.

(V) "Facility" means a place, an institution, a building or part thereof, a set of buildings, or an area, whether or not enclosing a building or a set of buildings, which is used for the lawful custody and treatment of juveniles.

(W) "Facility administrator/director" means any official, regardless of local title (e.g., director, administrator, superintendent), who has the responsibility for day-to-day management of the facility.

(X) "First aid" means care for a condition that requires immediate assistance from a person trained in first aid and care and the use of the facility's first-aid kits.

(Y) "Grievance" means violation of youth's right as defined by rule 5139-36-19 of the Administrative Code.

(Z) "Health care" means the sum of all action taken, preventive and therapeutic, to provide for the physical and mental well being of the population of a facility. Health care includes medical and dental services, and environmental conditions.

(AA) "Health care personnel" means individuals whose primary duties are to provide health services to residents in keeping with their respective levels of health care training or experience. (See qualified health personnel).

(BB) "Health trained personnel/medically trained personnel" means child-care and administrative personnel who are trained and appropriately supervised to carry out certain specific duties with regard to the administration of health care.

(CC) "Hearing" means a proceeding to determine a course of action, such as the placement of a child, or to determine guilt or innocence in a disciplinary matter. Argument, witnesses, or evidence are heard by a judicial officer or administrative body in making the determination.

(DD) "Room confinement" means the involuntary restriction of child in cell, room, or other area identified by the CCF director or designee where egress is blocked and the child is separated from the general population. Room confinement does not include normal sleeping hours or brief periods of transition not to exceed fifteen minutes, such as shift changes. Eliminates the terms isolation or seclusion and uses a single term: room confinement. Medical isolation and self-confinement are not considered room confinement.

(EE) "Least restrictive response to resistance" means the least amount of direct physical contact required on the part of a staff member to prevent a child from harming him/herself or others, or for the protection of property.

(FF) "Living unit" means an area of the facility which is comprised of the room(s) in which residents sleep, a day room and sanitation facilities. The day room and the sanitation facilities may be adjacent to the sleeping area.

(GG) "Medical screening" means a system of structured observation/initial health assessment to identify newly arrived children who pose a health or safety threat to themselves or others.

(HH) "Orientation" means the orientation period includes interviews, testing, and other admissions-related activities, including distribution of information about programs, services, rules, and regulations.

(II) "Physical punishment" means any act of inflicting punishment directly on the body, causing pain or injury.

(JJ) "Placing agency" means the court or agency which refers the child for out-of-home placement.

(KK) "Policy" means a course or line of action adopted and pursued by an agency that guides and determines present and future decisions and actions. Policies indicate the general course of direction of an organization within which the activities of the personnel and units must operate.

(LL) "Procedure" means the detailed and sequential actions that will be executed to ensure that a policy is fully implemented. It is the method of performing an operation, or a manner of proceeding on a course of action. It differs from a policy in that it directs action in a particular situation to perform a specific task within the guidelines of policy.

(MM) "Program" means the plan or system through which a corrections agency works to meet its goals.

(NN) "Qualified health care personnel" means physicians, dentists and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists and who are licensed, registered or certified as appropriate to their qualification or registration.

(OO) "Rated capacity" means the number of juveniles which a facility was originally designed to house, or currently has the capacity to house as a result of later, planned modifications, exclusive or extraordinary arrangements to accommodate overcrowded conditions.

(PP) "Records" means information concerning the individual's personal, delinquent or criminal and medical history, behavior, and activities while in custody, including, but not limited to: commitment papers, court orders, detainer, personal property receipts, visitor's lists, photographs, fingerprints, type of custody, disciplinary infractions and actions taken, grievance reports, work assignments, program participation, and miscellaneous correspondence.

(QQ) "Referral" means the process by which a child is introduced to an agency or service where the assistance needed can be obtained.

(RR) "Renovation" means a significant structural or design change in the physical plant of a facility.

(SS) "Responsible health care authority" means the individual, government health agency, or health care contractor responsible for the facility's health care services, including arrangements for all levels of health and/or mental health care and the ensuring of quality of, and accessibility to health and/or mental health services. The health authority is led by a licensed physician or physicians who, virtue of education, experience and certification are capable of assuming responsibility for arranging and ensuring the quality of health and mental health services.

(TT) "Response to resistance" means any violence, compulsion or constraint physically exerted upon or against a person's body by any means, including the use of firearms, chemical agents, clubs or direct bodily contact.

(UU) "Restraining device" means any mechanical object designed to physically control or incapacitate a person. These include wrist manacles, ankle manacles, "straight jackets," "leg irons," restraining straps and other such devices.

(VV) "Restraint" means the extraordinary restriction of a child's freedom or freedom of movement.

(WW) "Safety equipment" means firefighting equipment, i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, sprinkler systems, portable breathing devices, gas masks, fans, first-aid kits, stretchers, and emergency alarms.

(XX) "Search" means an examination falling into one of the following three categories:

(1) "Frisk search" means a search of a resident's clothes, head cavities, and a thorough "pat down."

(2) "Strip search" means a visual search of a resident's naked body and a search of the resident's clothing while they are not being worn.

(3) "Cavity search" means a probe of a resident's lower body cavity(ies) to be conducted by trained medical personnel only.

(YY) "Security perimeter" means a secure boundary which encloses the entire portion of the facility in which residents are confined. Passage through this boundary will be strictly controlled.

(ZZ) "Security devices" means locks, gates, doors, bars, fences, screens, ceilings, floors, walls, and barriers used to confine and control detained persons. Also included are electronic monitoring equipment, security alarm systems, security light units, auxiliary power supplies, and other equipment used to maintain facility security.

(AAA) "Serious incident" means a situation in which injury serious enough to warrant professional medical attention occurs involving a resident, employee, or visitor on the grounds of the institution. A situation containing an imminent threat to the security of the facility and/or to the safety of residents, employees, or visitors on the grounds of the institution.

(BBB) "Training" means formal classroom instruction: required readings; on-the job training under the direction of an instructor; training meetings or conferences that include a formal agenda and instruction by a teacher, manager, or official; physical training or other instructional programs that include a trainer/trainee relationship. Training programs usually include requirements for completion, attendance recording, and a system for recognition of completion.

(CCC) "Volunteers" means persons who donate their time and effort to enhance the activities of the program. They are selected on the basis of their skills or personal qualities to provide services in areas such as recreation, counseling, education, or religious activities.

Last updated December 28, 2022 at 8:42 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-19

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

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

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

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

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

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

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

(H) The CCF will provide individual treatment to each juvenile at a minimum of one time per week and this must be documented.

(I) Written policy, procedure, and practice provide for a social services program that makes available a range of resources appropriate to the needs of juveniles, including individual, group, and family counseling; drug and alcohol treatment; family planning; HIV and AIDS education; and special offender treatment.

(J) A CCF shall provide recreational supplies and equipment as well as the opportunity to participate in one hour of structured planned constructive leisure time activity throughout the week, and one hour of large-muscle recreational activity per day.

(K) The CCF will employ acceptable case and juvenile-offender management techniques to ensure a uniform approach to juvenile supervision and treatment.

(L) Within thirty days of the date of admission of each youth, the CCF will develop and implement an individual treatment plan for each juvenile. All key staff members will be involved in developing and implementing the treatment plan for the juvenile and his/her family.

(M) The juvenile's treatment plan will include, but not be limited to:

(1) Presenting problem(s) and anything which may prohibit a juvenile's success in their adjustment to the community once released from the facility.

(2) A statement of needs.

(3) Behavioral goals and objectives that can be measured.

(4) A statement of the time frame projected for attaining the goals and objectives.

(5) Specification of the activities, such as education, counseling, recreation, vocational, visitation with parents/guardians, medical services, food services, psychiatric and psychological counseling and religious programming that will be provided to the juvenile by the CCF.

(6) Specification of any specialized services that will be provided or arranged.

(N) A staff member involved in the development and implementation of the juvenile's treatment plan will review and document the plan every thirty days. Any change in a treatment plan when reviewed, will be discussed with the juvenile. The review is dated and documented by staff and juvenile signatures and forwarded to the court on a bi-monthly basis.

(O) The CCF will have provisions for juveniles to voluntarily participate in religious services and functions, within the facility and or the community.

(P) The CCF shall have a written policy and procedure requiring that the CCF shall provide reasonable access to religious programming. No negative consequences shall accrue from a juvenile's refusal to participate in a religious service or function. All religions shall be accorded equal status and protection, subject to the limitations necessary to maintain order and security.

(Q) The CCF shall follow all minimum standards, rules and requirements of the Ohio department of education, as well as all other applicable state and federal law.

(R) The CCF will have a written policy and procedure providing that work assignments shall not conflict with minimum education programs.

(S) The CCF will contract with a valid educational entity authorized and/or sanctioned by the Ohio department of education for all school services.

(T) The CCF will provide or make arrangements to provide juveniles with appropriate employment development resources.

(U) The CCF shall make provisions which prohibit juveniles from performing any work prohibited by state and federal regulations and statutes pertaining to child labor.

(V) The CCF shall have a written policy, procedure, and practice providing that juveniles employed outside the program, either full-time or part-time, comply with all legal and regulatory requirements.

(W) The CCF will have provisions to conduct exit interviews, when practical. Copies will be retained in the juvenile's inactive file. The exit interview will be recorded on forms created by the facility.

(X) There will be a written policy and procedure for juvenile grievances, which shall include a provision for:

(1) Notification of grievance process

(2) Method of obtaining forms to file a grievance

(3) Retention of all grievances and

(4) Timelines for processing grievances.

Last updated December 28, 2022 at 8:46 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-02 Administration of community corrections facilities: responsibilities of the department.

The department will establish, administer, and monitor a program of financial and technical assistance to grantees for the operation of facilities to serve eligible youth. The administration of the program includes, but is not limited to:

(A) Apportioning available funds to those grantees with designated community corrections facilities constructed in accordance with Amended H.B. 812 of the 117th General Assembly.

(B) Establishing procedures, time frames and an annual schedule for submitting requirements to the department for grant funding, including:

(1) By January fifteenth of each year, the department will forward an application for grant funds to eligible facilities.

(2) Completed grant applications shall be sent to the department no later than March first in accordance with rule 5139-61-07 of the Administrative Code.

(3) On or before June 30, the facility will be notified of the approval or non-approval of its application to include program content and fiscal requests.

(4) Revised grant applications are due to the department no later than July thirtieth each year.

(5) Signed grant agreements are due to the department no later than September thirtieth each year.

(C) Reviewing each grant application and renewal application to ensure that the application is in compliance with all administrative rules and departmental requirements.

(D) Providing technical assistance to the facility and the governing authority.

(E) Monitoring facilities annually to ensure compliance with administrative rules and the program design as stated in the approved grant application or renewal.

(1) The division of courts and community, through the bureau of community facilities will be charged with the inspection, supervision and approval of CCFs.

(2) The bureau will make annual on-site inspections of CCFs. Such inspections shall be scheduled with the administrator of the facility.

(3) The bureau may conduct unannounced inspections anytime.

(4) The CCF administrator will make himself/herself, and key facility staff, available in the event the bureau field representative has questions or needs additional information.

(5) Once at the facility, the bureau field representative will meet with the CCF administrator and key facility staff to explain any criteria that will be used in the inspection, the reason(s) for the inspection and any other relevant matters.

(6) The bureau will have full access to all areas of the CCF during any inspection, and to all records (including juvenile files), relating to the operation of the facility.

(7) The bureau's field representative shall ascertain compliance with the department of youth services standards contained in the Administrative Code and the department of youth services grant agreement and all other applicable guidelines.

(8) After an inspection the bureau's field representatives will prepare a written report of its inspection. The report will include any findings of non-compliance and will be sent to the administrator of the CCF.

(9) The bureau will require the facility to correct all deficiencies within thirty days from notification or to submit an acceptable plan and timetable to remedy these areas.

(10) The department may withhold funding for failure to comply with such notices, at the end of the thirty day period or the applicable timeline.

(F) Establishing a review process to evaluate the effectiveness of the facility in meeting its goals and objectives.

(1) The department will assist the facility by providing independent assessments and reports to the facility administrator.

(2) This will be done in cooperation with the grantee.

Last updated December 28, 2022 at 8:43 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will consist of the juvenile judges of each participating county. Each juvenile judge may appoint a temporary replacement to serve as his or her representative at a scheduled governing board meeting. This temporary assignment will last no longer than two consecutive scheduled governing board meetings. The juvenile judges will perform their duties on the board in their official capacity.

(2) The governing board will appoint facility and program personnel, including the director of the facility, and fix their compensation.

(3) The director, under the supervision of the governing board and subject to the Ohio department of youth services grant agreement and administrative rules, will control, manage, operate, and have general charge of the facility and program, and will have the custody of its property, files and records.

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

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

(6) The governing board will decide appeals of participating counties as to "refusal to admit" a youth to the facility. Said appeals will be decided by a majority vote of the governing board members at a scheduled meeting.

(7) The governing board shall review and approve the operating budget of the facility, and of any applications to the Ohio department of youth services for funding.

(C) Maintain compliance with requirements of established rules under Chapters 5139-36 of the Administrative Code.

(D) Apply for grant funds and completing a grant application. Applications will describe:

(1) The standardized screening process to ensure that all eligible youth are considered for admission to the facility, including the notification process between the courts and the facility.

(2) The plan to reduce commitments to the department, including measurable goals and objectives.

(3) The programs, and services and treatment offered by the facility.

(4) The method to be utilized to monitor and evaluate the programs and services available to youth in the facility.

(5) The plan to ensure access to the facility and its services by minority juveniles.

(E) Comply with procedures, time frames and the annual schedule of requirements established by the department.

(F) The CCF administrator may request and will participate in technical assistance provided by the department for either the facility or governing board.

The CCF administrator and identified staff member (e.g. program director, trainer) are required to attend scheduled meetings or trainings conducted by the department.

(G) Comply with monitoring and inspections conducted by the department to include:

(1) The CCF administrator will prepare for the annual on-site inspection visit in accordance with the bureau's guideline and instruction.

(2) Upon arrival of the bureau's field representative, the administrator will make him/herself, and key facility staff, available in the event the inspection team has questions or needs additional information.

(3) A waiver for non-applicability of a standard will be requested prior to the annual on-site scheduled visit. This request will be reviewed by the bureau chief of community facilities. The decision by the chief is final and may not be appealed.

(4) The bureau will require the facility to create a corrective action plan addressing all deficiencies within thirty days from receipt of the inspection report.

(5) The department may withhold funding for failure to comply with such notices, at the end of this thirty day period.

(H) Establish a review process to evaluate the effectiveness of the facility in meeting its goals and objectives.

(1) This will be done in conjunction with the department.

(2) The facility will use independent assessments and reports provided by the department to facilitate this process.

(3) The facility will submit an annual report by August thirty-first of each year that describes the progress made toward achieving the goals and objectives as described in the application, program overview and statistical data programs, outcomes and youth demographic information.

Last updated December 28, 2022 at 8:43 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will consider merits of the appeal. A decision will be sent by certified mail to the facility administrator.

(C) The decision of the director is final and may not be appealed. An appeal under Chapter 119. of the Revised Code shall not be granted.

Last updated December 28, 2022 at 8:43 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-05 Fiscal management and budgetary requirements.

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

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

(C) The CCF will have written policies and procedures adopted by the governing authority including at a minimum: internal controls, petty cash, bonding, signature control on checks, juvenile funds and employee expense reimbursement.

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

(E) The CCF will provide insurance coverage that includes, at a minimum, property and comprehensive, general liability insurance.

(F) When a CCF has a canteen available for use by residents, its fiscal operations are strictly controlled by standard accounting procedures

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

(H) The CCF will make reasonable efforts to maintain at least a ninety per cent occupancy rate on monthly basis. All referrals to the CCF that were denied will be documented and provided to the bureau of community facilities. Upon receipt of the quarterly request from the CCF, the department of youth services will review population with the CCF director. If the grantee falls below the allowable rate of occupancy for failing to accept referrals who meet the CCF admission criteria then the department may immediately take appropriate action, including but not limited to, the placement of youth under DYS custody and or budget modifications to adjust for unfilled beds.

(I) The following are all budgetary requirements of which the county(s) must be aware to correctly complete required budgetary reports:

(1) Financial reports. The financial reports required by this chapter are designed to enable the department to monitor the various schedules of the approved grant.

(2) Grant budgets. The grant budgets will be annual, based on the state fiscal year. The grant budgets will include budget schedules and narratives. The facility will follow the chart of accounts provided by the department in establishing a budget for projected expenditures of funds. All obligations must be incurred within the grant period and liquidated by September thirtieth of the following fiscal year. Only exceptions are unemployment and workers compensation, which will be recognized as an expense in the year that they are paid.

(3) Non supplanting rule. Funds provided to a county facility will not be used to supplant county expenditures.

(4) Transfer of funds. Expenditures may not exceed an approved grant schedule by more than ten per cent. If expenditures exceed or are projected to exceed the approved budget amount by ten per cent, a budget revision will be submitted prior to the transfer with attached schedules and narrative explaining the need for the transfer between schedules. Such transfer may be made only with a prior approved budget revision.

(5) Equipment purchases. Equipment purchases are limited to the items approved in the budget plan and can be used for the grant. A budget revision will be submitted and approved by the department prior to any additional equipment purchase or charge in original approved equipment request. Equipment purchased will remain the property of the department for a period of five years from the date of acquisition. After the five-year period, the equipment items purchased will become the property of the county and facility. Use of grant equipment by other programs must be approved in advance by the department. Minor equipment, as defined by the grant agreement, will be listed in the 2100 line under supplies and materials.

(6) Total expenditures submitted to the department will not exceed the grant for the fiscal year. Emergency and supplemental requests will be evaluated based on the nature of the emergency and availability of state funds.

(7) Commingling of funds. Grant funds from the department will be maintained separately and able to be audited independently.

(8) Other funding sources. All other funds (i.e., donation, grants, NSLA, etc.) received from any other sources will be reported on the grant budget and quarterly requests and recognized in the fiscal year received. Other funding receipts will be identified by line item to reduce expenditures or expanded program services. The facility will work with the department to develop any possible other funding sources which would expand the funding base of the facility. Funds from other funding sources which are not used to expand existing services (i.e., reimbursement from food sold to staff and visitors, reimbursements, refunds, rebates, etc.) will be reported as a reduction in expenditures. Revenue from sources other than grant funds (i.e., donations, grants, NSLA, etc.) will not be deposited or commingled with grant funds.

(9) Medical. Expenses incurred for the examination and appropriate regular medical care and treatment of youth residing in the facility will be considered routine. Expenses incurred in the event of hospitalization, or other extraordinary type of medical treatment, will be considered major medical. If expenses for major medical exceed the approved medical amount the facility may request supplemental funds pursuant to paragraph (I)(6) of this rule.

(10) Accrued vacation, sick, personal and compensatory time. All leave will be accrued in accordance with the county/district policy. The department will recognize this expense when paid. This expense category is classified as an accrued liability. Transfer of surplus funds from this line item will be restricted to the excess of the established liability. The department will only allow this liability for leave time earned by the employee while employed at the facility.

(11) The facility will have an approved system to track meal reimbursements.

(12) The financial report and request for funds system is based on a quarterly cash advance, with a quarterly and year-to-date report of expenditures, by schedule, with a report of cash balance on hand at the end of the reporting period. The required financial report shall be submitted according to the annual schedule prepared by the department. If the facility fails to submit the required reports, the department shall withhold any future payments until such reports are submitted.

(13) Closing report. The facility will submit a final report of grant budget expenditures to the department by October fifteenth each year closing the grant for the fiscal year. All funds reported on the closing report will be encumbered by June thirtieth of the grant year. All expenditures will be closed by September thirtieth of the grant year.

(14) Carryover funds. Unspent funds are to be kept in the county's grant account. These funds will be deducted from the facility's grant request in the third quarter of the next fiscal year. The department and facility will adjust the current year's allocation by the amount of carryover from the previous year.

(15) CCF will request funds quarterly.

(J) Records retention.

(1) With reasonable advance notice, the department may require the facility to produce records, including any or all documents related to the grant.

(2) The facility will maintain accurate accounting records which indicate all income and expenditures for the grant.

(3) The records will be kept current and legible. The records should be retained for the amount of time deemed appropriate according to the state of Ohio general retention schedules, most recent version.

(4) All income and expenditures will be supported with documentation to provide a clear audit trail for every financial transaction.

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

(L) Inventory

(1) Proper inventory schedules will be maintained separately for all equipment items purchased with grant funds. Inventories will be submitted to the department each September with the annual report. Inventories will include the following information for all facility equipment: quantity, description, serial number, identification number, purchase price (including refunds, rebates, discounts), date of acquisition, vendor, condition, and location.

(2) After five years of service, equipment can be salvaged in accordance with county-established guidelines for the salvage of unusable, damaged, and/or unrepairable equipment. Documentation will be maintained on the disposition of all equipment removed from the facility. The department will be provided the opportunity to review all equipment to be salvaged. Proceeds generated through the salvaging of equipment prior to five years of service date, will benefit the program or be returned to the department.

Last updated December 28, 2022 at 8:43 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will be limited to the direct support of operations related to the care and custody of the juvenile resident.

(3) Medical. This category is limited to the youth residing in the facility in need of medical assistance and general medical supplies. Examples are physicians, dental, and psychologists.

(4) Education/recreation. Examples are books, education supplies and subscriptions, program oriented food expenditures, field trips, minor sports equipment/materials (balls, gloves, bats, rackets, etc.). Youth behavioral incentives.

(5) Food. This category is limited to food for youth residing in the facility.

(6) Supplies and materials. This category is for supplies and materials needed for the day to day operations of the facility including minor equipment (under one thousand 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 one thousand dollars or greater at time of acquisition, may be approved only if the equipment is used in the direct performance of services to youth or support staff with the facility.

(15) Indirect cost. This category includes services and other administrative functions provided to the facility by the county. These charges shall not exceed two percent of the total approved grant and detailed documentation shall be submitted.

(16) Capital repairs. Capital funds cannot be commingled with other grant funds. Expenditures must be made in accordance with state, federal, and local laws for such facilities which substantially provide direct service for eligible youth.

(B) The following expenditures are non-allowable:

(1) All costs associated with fund-raising activities.

(2) All costs for awards or social functions for staff.

(3) Any program that generates profits for the county.

(4) Entertainment for staff, except when directly supervising youth activities.

(5) All costs related to licensing, professional fees, or dues for personnel, unless required by the employee's position description.

(6) College tuition reimbursement for facility employees.

(7) Expenditures that have not been approved by the department related to major dental, major medical, and hospital for youth residing in the facility.

(8) Food (outside of department approved meetings), gifts and gratuitous items, for staff and visitors.

(9) Any other expense or activity that would be a violation of federal, state or local laws.

(10) Payment of accrued vacation, sick, personal or compensatory leave prior to employment at the facility.

(11) Any bonuses for staff, to include compensation time, monetary awards or "in-kind" adjustments.

Last updated March 24, 2025 at 8:03 AM

History

• Effective: March 24, 2025
• Promulgated Under: 119.03

Ohio Adm.Code 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 will be issued and include a management comments section regarding:

(1) The expenditures of funds.

(2) Compliance with applicable regulations and the approved grant budget plan with approved revisions and amendments.

(3) Any noted citations and exceptions.

(4) The appeal process outlined in this rule.

(C) All audits having the issuance of citations or exceptions will require the facility to complete an itemized corrective action plan addressing the timetable and plan of action to fully resolve the audit issue. This plan will be submitted to the department within sixty days of receipt of the formal audit report.

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

(1) The governing county's fiscal agent will be required to refund to the department from the governing county's general fund the amount of the fiscal finding.

(2) For a multi-county facility, the amount of the fiscal finding may be refunded to the department, in accordance with a multi-county agreement, from the general revenue fund of multiple counties, provided that all counties in the multi-county facility have agreed as documented through the terms of the annual grant agreement signed by all of the counties.

(E) Appeal of audit findings. Within forty-five days of the date of the formal audit report, the facility administrator may file a request for an appeal. If the facility does not file a request for appeal with the department, the action proposed in the department's report shall be final and binding.

(F) Appeals will follow department process and timelines. Appeals will be submitted to the director, department of youth services, or designee.

Last updated December 28, 2022 at 8:44 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

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

(C) The CCF will have a organizational chart that accurately reflects its structure of authority, the responsibility and the accountability of the organization.

(D) Written policy, procedure, and practice provide that the CCF and its programs are managed by a single administrator to whom all employees or units of management are responsible and who will:

(1) Implement policies, procedures and practices of the governing authority.

(2) Control, manage, operate and have general charge of the facility and program.

(3) Have custody of CCF property, files and records.

(E) The CCF administrator will ensure that there will be a minimum of quarterly meetings with management staff and department heads, who meet monthly with their key staff members. Documentation of these meetings (e.g. minutes) shall be kept for one year and be available for review.

(F) The CCF will have a written policy, procedure, and practice providing that there exists a community advisory committee which is representative of the community and that serves as a link between the program and the community. This committee shall meet, at least, bi-annually.

(G) The CCF will document efforts to conduct a continuing planned program of public information and education.

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

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

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

(1) The CCF staff will not display favoritism or preferential treatment to one juvenile, or group of juveniles, over another.

(2) No employee of a CCF may deal with any juvenile except in a professional manner that will support the approved goals of the CCF. Specifically, staff members must never accept for themselves, without approval of the director/designee, any member of their family, or others, any personal (tangible or intangible) gift, favor or service from a juvenile or from a juvenile's family or close associate, no matter how trivial the gift or service may seem. All staff are required to report to the CCF director any violation or attempted violation of these restrictions. In addition, no staff will give any gifts, favors, or services to juveniles, their families or close associates.

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

(4) No CCF employee will have an outside contact (other than incidental contact) with a juvenile, ex-juvenile under supervision, his or her family or close associates, except for those activities which are an approved, integral part of the center program and a part of the employee's job description.

(5) CCF employees may not engage in any conduct which is criminal in nature or which would bring discredit upon the facility and program. The CCF will ensure that the conduct of all employees is consistent with the terms, conditions, and spirit of the grant. All employees will avoid misconduct, and the appearance of misconduct.

(6) Disciplinary action imposed by the CCF for any violation or attempted violation of the standards for employee conduct will be reported to the bureau chief of community facilities within two business days.

(K) The CCF facility will notify its employees of the standards of employee conduct and document this notification.

(L) The CCF shall meet the legal requirements of the governmental jurisdiction in which the licensed facility is located. The documentation for this standard will include copies of all local licensing and inspection certificates indicating conformance to all local fire, health, building, and zoning regulations.

(M) The CCF shall comply, when applicable, with the Americans with Disabilities Act of 1990 and all guidelines and policies issued by the department.

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

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

Last updated December 28, 2022 at 8:44 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will cover, at a minimum, the following areas:

(1) Organizational chart

(2) Staff development

(3) Recruitment and selection

(4) Promotion

(5) Job qualifications and job descriptions

(6) Affirmative action

(7) Sexual harassment

(8) Grievance and appeal procedures

(9) Orientation

(10) Employee evaluation

(11) Personnel records

(12) Benefits

(13) Holidays

(14) Leave

(15) Hours of work

(16) Probationary period

(17) Compensation

(18) Travel

(19) Disciplinary procedures

(20) Termination

(21) Resignation

(22) Code of ethics

(23) Conflict of interest

(B) The CCF hiring policies, procedures and practices shall be in accordance with sections 2151.86 and 109.572 of the Revised Code.

(C) There are written job descriptions and job qualifications for all positions. Each job description includes, at a minimum: job title, position responsibilities, required minimum experience, and education.

(D) Each prospective employee at the time of initial application, will be informed that as a precondition to employment, he/she shall complete a BCII prescribed record check form and provide a set of fingerprint impressions.

(1) The prospective employee's failure to report criminal convictions or moving traffic violations will be considered cause for progressive discipline, including separation from employment.

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

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

(F) The CCF will have a written policy, procedure, and practice that provide for a current, accurate, and confidential personnel record for each employee. Any confidential medical/psychological information obtained by the CCF that is confidential will be maintained and kept separate from personnel records, and only the director and other authorized personnel may access the record.

(G) A written procedure exists whereby employees may challenge information in his/her personnel file and have it corrected or removed if proved inaccurate.

(H) There is a written employee grievance procedure that is available to all employees.

(I) The staffing requirement for personnel is determined to ensure juveniles have access to staff twenty-four hours a day and to programs and services. When juveniles are present during waking hours:

(1) During waking hours, there will be one staff member for every eight youth.

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

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

(4) Staffing patterns will also reflect additional staff for appropriate security and control during times of special need (e.g., suicide watches, court transports, emergency transports, or emergency medical situations). In these types of occurrences, minimum staff-to-juvenile supervision ratios must be maintained.

(J) The CCF will have a written policy and procedure providing for provisional appointment to ensure the availability of personnel for short-term, full-time, or part-time work in an emergency situation.

(K) The CCF will ensure that all employees or contract personnel required by law to possess professional licensure or certification are so licensed or certified.

(L) All CCF programs shall be in compliance with all state and federal regulations for the prevention and control of infectious and communicable diseases.

(M) All employees of the CCF will be tested for TB and shall receive annual retesting for TB.

(N) There is a written policy and procedure that specifies support for a drug free workplace for all employees. This policy, which is reviewed annually, includes, at a minimum, the following:

(1) Prohibition of the use of illegal drugs

(2) Prohibition of possession of any legal drug, except in the performance of official duties.

(3) Procedures to be used to ensure compliance.

(4) Opportunities available for treatment and/or counseling for drug abuse.

(5) Penalties for violation of the policy.

Last updated December 28, 2022 at 8:44 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-10 Training and staff development.

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

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

(C) The CCF will provide an initial eighty hours of orientation training for all new full-time, direct care staff before assuming independent responsibility for a particular job. All part-time staff employees, volunteers, and contract personnel will receive a formal orientation appropriate to their assignment and will receive additional training as needed.

(D) All direct care staff will receive at least forty hours of training on an annual basis exclusive of their eighty hours of orientation training. Training will include, at a minimum;

(1) Supervision of juveniles

(2) Juvenile rules and regulations

(3) Rights and responsibilities of juveniles

(4) Fire and emergency procedures

(5) Emergency medical procedures

(6) Blood-born pathogens

(7) First aid/cardiopulmonary resuscitation (CPR)

(8) Safety and security procedures

(9) Report writing

(10) Safe method of response to resistance

(11) Interpersonal relations

(12) Cultural awareness

(13) Social/culture lifestyle of the juvenile population

(14) Child growth and development

(15) Communication skills

(16) Suicide assessment and prevention

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

(F) All administrative, managerial, and professional staff will receive twenty hours of training annually exclusive of the forty hours of training required the first year of employment. Training will be appropriate to assigned duties and responsibilities.

(G) The training plan is developed, evaluated, and updated by the CCF's training committee or training coordinator, based on an annual assessment that identifies current job related needs.

(H) Documentation of staff training will include the following: date and location of training, specific subject matter, trainer's name, hours of training provided, and the name(s) and position of the staff trained.

(I) All CCF personnel are trained in the implementation of written emergency plans during the employee's initial orientation period and thereafter, annually.

Last updated December 28, 2022 at 8:44 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-11 Citizen and volunteer involvement.

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

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

(1) Have written procedures for securing citizen-involvement programming, including roles as advisors, liaison between the program and the public, direct service roles, and cooperative endeavors with the residents.

(2) Have a system for selection, training, term of service, and definition of tasks, responsibilities and authority for volunteers.

(3) Recruit volunteers from all cultural backgrounds and socioeconomic levels of the community.

(4) Provide orientation and training before they participate in their assignments.

(5) Permit volunteers to perform professional services, only when certified or licensed to do so.

(6) Have a CCF staff member supervise volunteer services.

(7) Provide for liability claims in the form of insurance, signed waivers or other legal provision, valid in the jurisdiction in which the program is located.

Last updated December 28, 2022 at 8:45 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-12 Records.

(A) The CCF will have a written procedure governing case record management which is reviewed annually. The procedure will include at a minimum:

(1) Establishment, maintenance, use, and content of case records

(2) Right to privacy

(3) Secure placement and preservation of records

(4) Appropriate safeguard exits to minimize the possibility of theft, loss or destruction of case records

(B) The CCF will have a written policy and procedure which provides for case record auditing by facility staff and as requested, by the department, to ensure that each case record is current, complete and accurate.

(C) The CCF will implement written policies, procedures, and practice for maintaining a case file on each juvenile admitted to the program in which all significant decisions and events are recorded. Case files will include at a minimum, the following information:

(1) Initial intake information form

(2) Documented legal authority to accept juvenile

(3) Referral source

(4) Pre-sentence investigation

(5) Medical consent forms

(6) Non-diagnostic medical information

(7) Case history/social history

(8) Treatment plan

(9) Progress reports

(10) Signed release of information forms when required

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

Last updated December 28, 2022 at 8:45 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will be corrected within the time frame as specified.

(C) There is documentation by a qualified source that the interior finishing materials in juvenile living areas, exit areas, and places of public assembly are in accordance with recognized codes.

(D) The CCF will have written fire prevention procedures specifying practices to ensure the safety of staff, juveniles and visitors. These include, but are not limited to:

(1) Provision for an adequate fire protection service.

(2) A system of fire inspections and testing of equipment at least quarterly.

(3) An annual inspection by local or state fire officials or other qualified person(s).

(4) Availability of fire protection equipment at appropriate locations throughout the CCF. Staff will be trained accordingly.

(5) A fire alarm system and an automatic detection system which is approved by the authority having jurisdiction. All system elements are tested on a quarterly basis; a state fire official or other qualified authority approves the adequacy and operation of the systems annually.

(6) The CCF, in the event of an emergency, will provide an alternative power source which includes provision for heating, lighting and food service.

(E) The CCF will have posted in all areas, emergency exit plans that are properly positioned, clear, distinct and permanently marked in order to ensure the timely evacuation of juveniles, staff and visitors in the event of fire or other emergencies. Posted exit signs will include location of fire extinguishers, first aid kits, and other available, essential life-safety equipment.

(F) The CCF will have a written policy and procedure which provide that the CCF complies with all applicable governmental regulations and standards. At a minimum, these policies cover the following:

(1) Sanitation inspection

(2) Water supply testing

(3) Waste disposal

(4) Housekeeping

(5) Clothing and building supplies

(6) Hair care services

(G) The CCF is within reasonable distance of public transportation or other means of transportation is available.

(H) Each living unit is designed so that individual rooms, day rooms, and program areas are in close proximity to staff offices for the purposes of communication and interaction.

(I) The number of juveniles does not exceed the rated capacity, which includes living units of the facility, as established by the original design plus beds added with coded and approved additions or renovations. Holding and isolation rooms will not be included in the CCF's rated capacity.

(J) Each of the living units is designed for single occupancy sleeping rooms. All sleeping rooms in the CCF will have, at a minimum, access to, but not necessarily within the sleeping room:

(1) Sanitation facilities:

(a) Toilet above floor level available for use twenty-four hours a day

(b) Wash basin and drinking water

(c) Hot and cold running water

(2) Sleeping rooms without plumbing facilities will have an established communication linkage to staff with documentation of response.

(3) A bed above floor level and storage space.

(4) Lighting of at least twenty foot candles at desk level and in the personal grooming area.

(5) Provisions for natural lighting and seating space.

(6) A minimum of sixty square feet of unencumbered floor space per juvenile.

(K) The CCF will have a written policy, procedure, and practice providing that male and female juveniles do not occupy the same sleeping rooms or living units.

(L) The CCF will have a written policy, procedure and practice providing that juveniles and adults do not share sleeping rooms.

(M) Each juvenile is provided a bed, mattress, and a supply of sanitized linen. Used bed linens and towels will be laundered weekly. Bedding and mattresses shall be sanitized prior to reissue.

(N) Within reasonable limits, the juveniles will be permitted to decorate their living and sleeping quarters with personal possessions, pictures and posters.

(O) The CCF has, at a minimum, one operable toilet for every six juveniles. Toilet areas will have a door; toilets will be separated by partitions to provide individual privacy while ensuring reasonable security and supervision. Urinals in male units may be substituted for up to one-half of the toilets in female/male facilities. All housing units with five or more juveniles shall have a minimum of two toilets.

(P) The CCF has, at a minimum, one operable washbasin with hot and cold running water for every six juveniles.

(Q) The CCF has one operable washer and one operable dryer for every sixteen juveniles or equivalent laundry capacity is available within one mile of the CCF.

(R) The CCF will provide spaces for:

(1) Counseling or interview space in or near the living unit

(2) Space to accommodate group meetings

(3) Space for religious services

(4) Visiting area

(S) Dayrooms with space for varied juvenile activities are situated immediately adjacent to the juvenile sleeping areas, but are separated from them by a floor-to-ceiling wall. Dayrooms provide a minimum of thirty-five square feet of space per juvenile (exclusive of lavatories, showers, and toilets) for the maximum number expected to use the dayroom at one time.

(T) Dayrooms provide sufficient seating and writing surfaces for every juvenile using the dayroom at one time. Dayroom furnishing are consistent with the security needs of the juveniles assigned.

(U) There are at least fifteen square feet of floor space per juvenile for those occupying the dining room or dining area.

(V) When the CCF provides food service, the kitchen is a separate and distinct area with ten square feet per juvenile or two hundred square feet, whichever is less.

(W) When medical services are provided in-house, the CCF shall have a secure medical room with private medical examination facilities available.

(X) Confinement rooms will be in close proximity to the living unit and will provide for washing, drinking, toilet and safety needs of the confined juvenile.

(Y) With the exception of the auditorium/gymnasium, the CCF will contain air conditioning and a back-up ventilation system. Temperatures in indoor living and work areas are appropriate to the summer and winter comfort zones.

(Z) The total indoor activity area provides space for a least one hundred square feet per juvenile based on the annual average daily population.

(AA) Each CCF will have an outdoor recreation area that is well maintained and adequately designed to accommodate regularly scheduled recreation and group athletic activities.

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

(1) Operational and administrative supplies

(2) Storage of juvenile's property and personal belongings

(3) Adequate areas for clothing, bedding, and CCF supplies

(4) Closets for storage of cleaning supplies and equipment are located in each principal area and are well ventilated

(CC) The CCF will have a written policy, procedure, and practice that will designate the specific duties that juveniles must assume in the care and upkeep of their own sleeping and living quarters.

(DD) If the CCF is on the grounds of any type of adult correctional facility or juvenile detention facility, it is self contained and separated by sight and sound.

(EE) The CCF will have a written policy and procedure requiring that the CCF administrator, in conjunction with the CCF's governing body, develop and implement a system designed to detect internal and external areas of the building with equipment deterioration, safety hazards and unsanitary conditions and to provide for the proper reporting of needed corrections or modifications.

Last updated December 28, 2022 at 8:45 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will disseminate written emergency plans to appropriate local authorities. Directions to, and the location of exits, fire extinguishers, first-aid equipment, and other emergency equipment are posted in the CCF.

(C) The CCF will conduct monthly emergency evacuation fire drills and quarterly storm drills under varied conditions and times, and on all shifts when a majority of juveniles are present in the CCF. These are to be documented and retained for at least one year.

(D) The CCF will have a written evacuation plan prepared in the event of fire or major emergency that is certified by an independent, outside inspector trained in the application of national fire safety codes. The plan is reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The plan includes the following:

(1) Location of building/room floor plan

(2) Use of exit signs and directional arrows for traffic flow

(3) Location of public posted plan

(4) Monthly drills in all facility locations are scheduled on a rotating basis for all shifts.

(E) The CCF shall create a plan to meet and comply with the federal Prison Rape Elimination Act of 2003 (PREA) (Pub. L. No. 108-79).

(F) Incident reporting.

(1) A CCF will maintain a document, process and report all incidents and emergencies to the department in accordance with department guidelines.

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

(G) Absconders

(1) Absconder detection for youth not on approved leave

(a) Should any verification process indicate a juvenile's absence, the CCF staff on duty will immediately attempt to locate the individual by searching the facility.

(b) If, after, five minutes, the youth has not been located on grounds, the staff identifying the absence will call the facility's director, then local law enforcement, and then the bureau chief of community facilities. All calls will be made within ten minutes of identifying the absence.

(c) All efforts will be made to locate the youth, to include and calling parents, guardians, friends, employer, and all visitors who have ever signed in to the visitation log to visit youth.

(2) Absconder detection for youth on approved leave

(a) In the event a youth has not returned within five minutes following the conclusion of their scheduled activity, the parent/guardian, supervising staff member, or employer will be contacted by phone. During this call, the facility's director or designee will ascertain anticipated time of arrival back to the facility, confirm whom the youth is with, and the reason for the tardiness. The conversation will be immediately entered into the case documentation system. Following the call, the facility's director will be notified of the revised return time.

(i) In the event that no contact has been made and the youth has failed to return by the originally approved return time, the director or designee will immediately notify local law enforcement, and then the bureau chief of community facilities.

(ii) In the event that contact was made and youth fails to return by the revised approved return time, the director or designee will immediately notify local law enforcement, and then the bureau chief of community facilities.

(b) After local law enforcement and the bureau chief of community facilities have been notified, all efforts will be made to locate the youth, to include calling parents, guardians, friends, employer, all visitors who have ever signed in to the visitation log to visit youth, and the last destination signed on an itinerary sheet.

Last updated December 28, 2022 at 8:45 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-15 Security and control.

(A) The CCF will have written policy and procedure, practice restricting the use of "response to resistance" to instances of justifiable self defense, protection of others, protection of property, and prevention of escapes, and then only as a last resort and in accordance with appropriate statutory authority. In no event are responses to resistance justifiable as punishment. A written report is prepared following all "response to resistance" and is submitted to administrative staff for review.

The use of prone restraint is prohibited across all state systems. Prone restraint is defined as all items or measures used to limit or control the movement or normal functioning of any portion, or all, of an individual's body while the individual is in a face down position for an extended period of time. Prone restraint includes physical or mechanical restraints.

(B) The use of "response to resistance" will be documented and include, but not be limited to:

(1) Who was involved

(2) The response to resistance that was used

(3) Justification for the use of response to resistance

(C) The CCF will have a written policy, procedure, and practice provide for and documents the examination and/or treatment by CCF medical personnel or outside emergency medical services of juveniles and/or staff involved in any response to resistance, when:

(1) A person involved has suffered physical injury

(2) A person involved complains of an injury or requests medical assistance

(D) The CCF shall have written policies and procedures that require reporting of suspected or alleged juvenile abuse or neglect incidents to the public children services agency or law enforcement agency of appropriate jurisdiction and the court which has placed the juvenile.

(E) The CCF shall cooperate with the public children services agency or law enforcement agency during an investigation of suspected or alleged juvenile abuse or neglect. Cooperation will include, but not limited to, permitting access to:

(1) The alleged juvenile victim

(2) The alleged perpetrator

(3) Witnesses

(4) Staff

(5) Incident report or logs

(a) Medical and dental records

(b) Personnel records

(c) Training records

(d) Procedural records

(e) Photographs, video documentation

(f) Other records, which relate to the investigation of alleged juvenile abuse or neglect.

(6) There exist written policies and procedures concerning security and control, which are available to all personnel. Their policies and procedures are reviewed annually and updated as necessary.

(7) The use of chemical agents and related restraining devices is prohibited. Written policy and procedure govern the availability, control and use of approved security devices. Security devices are used only in accordance with the written policy and procedure. A written report is prepared following all uses of "response to resistance" and restraints, and is submitted and reviewed by the CCF director.

(8) The CCF will have a written policy and procedure that requires that all security perimeter entrances, exterior doors and all doors the CCF director determines should be locked are kept locked, except when used for admission or exit of employees, detained juveniles or visitors, and in emergencies.

(9) The CCF will have a written policy and procedure that requires that staff maintain a permanent log that records routine information and emergency situations, and unusual incidents.

(10) The policy regarding searches for the control of contraband is published, made available to staff and juveniles and reviewed at least annually and updated if necessary.

(11) The CCF will have a written policy and procedure that provides for the least intrusive method of search consistent with the safety and security of the CCF. Frisk searches and/or strip searches are conducted without specific authorization only upon entry to the CCF and at all other times are based upon a reasonable belief that the juvenile is carrying contraband.

(12) All strip searches will be conducted in privacy. Manual or instrument inspection of lower body cavity or cavities are prohibited within the facility. All strip searches of female juveniles may be conducted only by female staff. Such searches of male residents may be conducted only by male staff. However, a physician or nurse may conduct searches of juveniles of either sex. Strip searches may not be conducted in the presence of the opposite sex.

(13) Firearms are not permitted in the CCF except in emergency situations. Staff are prohibited from bringing in and/or possessing any weapon, chemical agent, or any object which presents the potential of being used as a weapon.

(14) The CCF will have locked storage (e.g., weapons locker/cabinet) for the temporary securing of weapons when police and other authorized persons enter the security perimeter.

(15) The CCF will have a written policy, procedure, and practice governing the control and use of keys/key cards to include, but not limited to the following:

(a) A key control center which is secured and inaccessible to unauthorized persons at all times.

(b) An accounting procedure for issuing and returning keys/key cards.

(c) A procedure for the immediate reporting and repairing of any broken or malfunctioning key/key card or lock.

(d) A set of duplicate keys to be maintained in a separate, secure place, which is readily accessible during emergencies.

(e) Keys operating locks to outside doors and/or gates will be secured and not readily accessible to unauthorized persons within the security perimeter.

(f) Emergency keys and keys to control security areas are clearly marked and issued in accordance with written procedures established by the CCF administrator.

(g) Precautions taken to ensure the security of all non-key operated locking devices (e.g., electrical switches, levers).

(16) The CCF will have a written policy and procedure governing the control and use of tools, medical and culinary equipment.

(17) The use of restraining devices, including four and five point restraints, is discouraged. CCF written policy and procedure provide that instruments of restraint are never applied as punishment and are applied only in accordance with written policy and procedure.

(18) The CCF will have written policy and procedures governing safety and security precautions for agency vehicles.

(19) The CCF will have a written policy, procedure, and practice requiring at least a weekly inspection and maintenance of all security devices, and corrective action is initiated when necessary.

Last updated December 28, 2022 at 8:45 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-16 Food service.

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

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

(C) The CCF will have a written policy, procedure, and practice providing for special diets for juveniles whose religious beliefs require the adherence to religious dietary laws.

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

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

(F) The CCF will have a written policy, procedure, and practice providing for the following:

(1) Weekly inspection of all food service areas, including dining and food preparation areas and equipment

(2) Sanitary, temperature-controlled storage facilities for all foods

(3) Daily checks of refrigerator and water temperatures

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

(H) The CCF will have a written policy, procedure, and practice specifying food service budgeting, purchasing, and accounting practices, including but not limited to the following systems:

(1) Food expenditure cost accounting, designed to determine cost per meal per juvenile

(2) Estimation of food service requirements

(3) Determination of and responsiveness to juvenile eating preferences

(4) Refrigeration of food, with specific storage periods

(I) The CCF will have a written policy and procedure providing that there not be more than fourteen hours between meal and breakfast, and at least three meals and a snack will be made available at regular times during each twenty-four hour period. At least two of these meals will be a hot meal. Provided basic nutritional goals are met, variations may be allowed based on weekend and holiday food service demands.

(J) The food service plan will provide for a single menu for staff and juveniles.

(K) Menus shall be planned and follow the National School Lunch Act approved menu and portion cycle.

(L) The facility's potable water source and supply, whether self-owned or operated by the public water department, is approved by an independent, outside source to be in compliance with jurisdictional laws and regulations.

Last updated December 28, 2022 at 8:46 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-17 Admissions and discharge.

(A) A CCF shall have written admission criteria that is reviewed by the department's bureau of community facilities, specifying the types of juveniles accepted and detailing grounds for rejection of a referral.

(B) The CCF shall not admit any juvenile who is a resident of another state or country unless the CCF documents in the juvenile's case record that the party making the placement has the legal authority to make the placement. All such placements shall be made in conformity with the terms of the interstate compact on juveniles or the interstate compact on the placement of children. Section 2151.56 of the Revised Code.

(C) A CCF can accept any juvenile whose needs can be met by the services provided by the facility. The facility will recommend less restrictive alternatives when appropriate.

(D) An admittance record is completed for every juvenile admitted to the CCF and contains at least the following information:

(1) Date and time of admission

(2) Name and also known as (AKA)

(3) Last known address

(4) Legal custody status

(5) Offenses

(6) Gender

(7) Date of birth

(8) Race or nationality

(9) Education and school attended

(10) Employment, if any

(11) Religion

(12) Health status

(13) Name, relationship, address and telephone of parent(s)/person(s) the child resided with prior to the time of admission

(14) Driver's license number, social security and medicaid number, if applicable

(15) A physical description

(16) A recent photograph

(17) Emergency contact

(18) Placing agency and contact.

(E) The CCF will complete a preliminary health-screening record for all new admissions including, but not limited to:

(1) Current illnesses and health problems, including venereal disease and other infectious diseases, and diseases specific to females, if applicable.

(2) Medications taken and special health requirements.

(3) Screening of other health problems designated by the responsible physician.

(4) Behavioral observation including state of consciousness and mental status, appearance, conduct, tremor, and sweating.

(5) History of substance abuse (alcohol and other drugs).

(6) Notation of body deformities.

(7) Condition of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations, and needle marks or other indications of drug abuse.

(8) Document referral of juveniles to qualified medical personnel for emergency treatment.

(9) Notation of personal physician and any medical needs.

(10) Special medical problems or needs

(F) The CCF will have a written policy and procedure providing that at the time of admission, each juvenile will be screened for symptoms of illness or injury by a licensed physician, registered nurse, licensed practical nurse, physician's assistant, or by a staff person who has received training in health screening techniques. All findings are recorded on an approved screening form.

(G) Upon admission, a CCF shall assign a staff member to orient the juvenile to the CCF, to CCF rules, and consequences for violations of rules. This orientation is documented by juvenile and staff signatures.

(H) Where a language or literacy problem exists that can lead to a juvenile's misunderstanding of agency rules and regulations, assistance is provided to the juvenile either by staff or another qualified individual under the supervision of a staff member.

(I) The CCF will have a handbook for juveniles and for the parent or guardian of each juvenile. This handbook will summarize the information covered by the CCF's statement of purpose and program. In addition, the handbook will contain:

(1) Regulations for juveniles and consequences assigned for violations of regulations.

(2) Visiting hours and policies

(3) The role and responsibility of the family in the care and treatment of the juvenile.

(4) A grievance procedure for the juvenile and family.

(J) The CCF will provide a handbook to each juvenile and his or her parents or guardians, within seventy-two hours following admittance.

(K) The CCF will have a written policy which describes the conditions under which, and the procedures by which, a juvenile will be discharged, including any criteria for emergency discharges and discharges not in accordance with the juvenile's case management plan.

(L) When a juvenile is discharged, the CCF will prepare, within seven business days following the date of discharge, a written discharge summary. A copy of the discharge summary will be maintained within the record and a copy shall be provided to the court.

(M) At least twenty-one days prior to any planned discharge, each CCF will, in consultation with the court or custodial agent, familiarize the juvenile with the plans for his/her continued care following discharge.

(N) When a juvenile is discharged, all of the following will be documented in the juvenile's case record:

(1) Record of time and date of discharge from the CCF, the authority by which released and into whose custody the juvenile is released

(2) The reason for discharge

(3) When appropriate make recommendations for continued care and follow-up procedures

(4) A brief summary or other documentation of medical and dental services provided while in residence

(5) The new location of the juvenile

(6) The name and official title of the person to whom the juvenile was released

(7) Criteria for emergency discharge and discharges not in accordance with juvenile individual case plans.

Last updated December 28, 2022 at 8:46 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-18 Medical and health care services.

(A) The CCF will have a written policy and procedure requiring each CCF to have a licensed physician(s) or medical resource such as a hospital or clinic designated for the medical supervision, care and treatment of juveniles. When the health care authority is other than a physician, final medical judgments rest with a single designated physician. The CCF will ensure twenty-four hour availability of consultation, advice and emergency service response. Such resources will be located in the same or nearby community.

(B) The CCF will have a written policy and procedure requiring that a medical examination be conducted within fourteen days before or after admission, and updated annually.

(C) The CCF will have a written policy and procedure providing for the prompt notification of juvenile's parents/guardians and responsible agency in case of serious illness, serious surgery, serious injury or death.

(D) The CCF will have a written policy and procedure requiring that, following the admission of a juvenile, CCF staff will attempt to verify prescribed medications and that the proper dosages of these medications are administered at the time interval prescribed by the appropriate medical authority.

(E) The CCF will have a written policy, procedure, and practice providing for the proper management of pharmaceuticals and shall address the following subjects:

(1) A formulary specifically developed for the facility prescription practices that requires (a) prescription practices including requirements that psychotropic medications are prescribed only when clinically indicated as one facet of a program of therapy, (b) "stop order" time periods for all medications, and (c) the prescribing provider reevaluates a prescription prior to its renewal.

(2) Procedures for medication receipt, storage, dispensing, and administration or distribution.

(3) Maximum security storage and periodic inventory of all controlled substances, syringes, and needles.

(4) Dispensing of medicine in conformance with appropriate federal and state laws.

(5) Administration of medication by persons properly trained and under the supervision of the health authority and facility administrator or designee.

(6) Accountability for administering or distributing medications in a timely manner and according to physician's orders.

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

(G) The CCF will have a written policy and procedure requiring a written plan for the staff's response to juveniles who are identified as potentially suicidal.

(H) The CCF will have a written policy and procedure requiring that first-aid kits are available and have been approved by qualified health care personnel.

(I) The CCF will have a written policy and procedure requiring that all staff, on all shifts be certified, and maintain certification in first aid and CPR.

(J) The CCF will have a written policy and procedure governing the development, and subsequent updating, of a facility formulary or drug list for pharmaceuticals stocked by the facility.

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

(L) The CCF will have a written policy and procedure that provides for informing appropriate staff of special medical and mental health problems of juveniles.

(M) All written medical policies and procedures are approved annually by the responsible health care authority.

(N) The CCF will have a written policy and procedure requiring that in consultation with the juvenile's physician, each facility shall periodically review each juvenile's current regimen of medication and, as authorized by the physician, make adjustments to that regimen as appropriate. In no event will a facility begin, alter or suspend a juvenile's medication without the approval of a physician.

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

(P) The CCF will have a written policy and procedure requiring that the responsibility for arranging emergency treatment of dental needs be that of the facility.

(Q) The CCF will have a written policy and procedure requiring that poison control numbers and other emergency numbers be readily accessible to staff and clearly posted throughout the facility.

(R) Written policy and procedure will specify that emergency mental health services for juveniles be provided by qualified mental health professionals.

(S) Written policy and procedure will provide that when a juvenile requires medical attention in a potentially health-threatening emergency and such treatment conflicts with the religious tenets or practices of the juvenile's custodial parent, the CCF shall immediately transport the juvenile to a medical facility and refer the matter, as appropriate, to a juvenile judge in the committing county, the department, public children services agency, or county department of job and family services.

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

(U) The CCF will have a written policy and procedure and practice that provides soap, washcloths, towels, toothbrush, toothpaste, deodorant, shampoo, combs and personal hygiene supplies to the juvenile. The CCF should also make provisions for routine hair care services.

(V) When there is a medical isolation room separate from the living unit, such room shall be equipped to provide for washing, drinking, toilet use and safety needs of the confined juvenile with facilities for visual and audio monitoring.

Last updated December 28, 2022 at 8:46 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-20 Visiting and communications.

(A) A CCF will have a written policy, procedure, and practice concerning visits and communications between a juvenile and family and friends, which is reviewed annually and updated as needed. The procedures which are provided to parent(s) and juvenile will include, but not be limited to the following:

(1) Designated visiting area

(2) Designated visiting hours to include weekends and evening hours

(3) Provisions for special visits (e.g., attorney, clergy, persons who have traveled long distances)

(B) A CCF will ensure that arrangements for visitation between the juvenile and family or friends are not in conflict with the individual treatment plan. Visits shall be supervised in accordance with the treatment plan.

(C) A CCF will, in accordance with the individual treatment plan, allow a juvenile access to a telephone which will permit the juvenile to make and receive telephone calls.

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

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

(1) No limitation will be placed on the amount of incoming or outgoing first-class correspondence to juveniles.

(2) Incoming correspondence from the courts, an attorney of record, or a public official may be opened and inspected for contraband in the presence of the juvenile.

(3) Each CCF will provide to all juveniles the necessary writing materials, envelopes and at least two first-class stamps per week.

(F) The CCF will have a written policy, procedure, and practice which provides that juvenile mail, both incoming and outgoing, may be opened and inspected for contraband.

(1) Mail may be read or rejected when based on legitimate CCF interests of order and security.

(2) The juvenile is notified when incoming mail is returned or outgoing mail is with held.

(G) All incoming and outgoing mail is forwarded within twenty-four hours, excluding weekends and holidays.

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

Last updated December 28, 2022 at 8:46 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 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 will have a written policy to ensure that CCF staff and the CCF program protect the following rights of juveniles:

(1) The right to a reasonable amount of privacy.

(2) The right to have his/her opinions heard and be included, to the greatest extent possible, when any decisions are being made which affect his/her life.

(3) The right to receive adequate and appropriate food, clothing, and housing.

(4) The right to his/her own money and personal property in accordance with the juvenile's treatment plan.

(5) The right to participate in an appropriate educational and/or vocational program.

(6) The right to timely medical care, dental, and mental health services.

(7) The right to reasonable and confidential access to counsel through attorneys and their authorized representatives as well as access to courts and legal materials.

(8) The right to appropriate family contact through visitation, mail and telephone and access to parents or legal guardians.

(9) The right to access to obstetrical, gynecological, family planning, health education, and pregnancy management services for female juveniles.

(10) The right to report incidents of sexual abuse, sexual assault and sexual harassment to a designated staff member other than an immediate point-of-contact line staff member.

(C) The CCF will have a written policy, procedure and practice when allowing freedom in personal grooming and dress except when a valid interest justifies otherwise.

(D) The CCF will have written policies and procedures regarding the photographing and audio or audio-visual recordings of juveniles in their custody which require that:

(1) The written consent of a juvenile and the juvenile's parent(s) or guardian be obtained before the juvenile is photographed for fund raising or program publicity purposes.

(2) All photographs and recordings are used in a manner which respects the dignity and confidentiality of the juvenile.

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

(F) A CCF will develop and implement, a written set of policies and procedures regarding discipline, control and treatment of juveniles. These policies and procedures will be explained to each juvenile, all staff, and a copy provided to persons or agencies who desire to place a juvenile at the CCF.

(G) The discipline policies and procedures of the CCF will incorporate the philosophy that discipline is to be both constructive and educational in nature. The CCF's discipline policies and procedures will prohibit all acts of punishments including, but not limited to:

(1) Any type of physical punishment inflicted in any manner upon the body such as spanking, punching, paddling, shaking, biting, or roughly handling a juvenile.

(2) The assignment of physically strenuous harsh work or exercises, when used solely as a means of punishment

(3) Requiring or forcing a juvenile to maintain an uncomfortable position, such as squatting or bending, or requiring a juvenile to continuously repeat physical movements when used solely as a means of punishment.

(4) Group punishments for the behavior of an individual, except in accordance with a recognized therapeutic modality and as described by written CCF policy.

(5) Verbal abuse or derogatory remarks.

(6) Denial of planned and required recreational activity.

(7) The denial of social or casework services, medical treatment, or educational services.

(8) The deprivation of meals, although scheduled meals may be provided individually.

(9) The denial of sleep.

(10) The denial of shelter, clothing, bedding, or restroom facilities.

(11) Inappropriate or intentionally painful physical restraint.

(12) Organized social ostracism, such as codes of silence.

(13) The use of chemical restraints, except by order of a physician.

(14) The use of mechanical restraints.

(H) Discipline will be delegated only to persons who are employees of the CCF. Juveniles will not discipline other juveniles except as part of an organized self-government program that is conducted in accordance with written policy and directly supervised by designated staff of the CCF.

(I) Written policy, procedure and practice provide that the facility does not discriminate on the basis of race, religion, national origin, gender, sexual orientation or disability.

(J) Room confinement, as defined in paragraph (DD) of rule 5139-36-01 of the Administrative Code, shall not be used for reasons other than a temporary response to behavior that threatens immediate harm to a child or others.

Last updated December 28, 2022 at 8:47 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Ohio Adm.Code 5139-36-22 Evaluation and data collection.

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

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

(2) Intake/termination forms will be completed and entered into the system determined by the department of youth services within the required allotted time.

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

(4) Each program will designate a staff position or person for data entry and/or coordination.

(B) The facility or parent agency collaborates with juvenile justice and service agencies in information gathering, exchange, and standardization.

Last updated December 28, 2022 at 8:47 AM

History

• Effective: December 23, 2022
• Promulgated Under: 119.03

Chapter 5139-37 Detention Centers

Ohio Adm.Code 5139-37-01 Definitions.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-02 Approval process.

(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

History

• Effective: October 31, 2000
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-03 Administration, organization and management.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-04 Fiscal management.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-05 Personnel.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-06 Training and staff development.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-07 Juvenile records.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-08 Physical plant.

(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

History

• Effective: March 21, 2016
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-09 New plants.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-10 Safety and emergency procedures.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-11 Security and control.

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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-12 Food service.

(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

History

• Effective: March 21, 2016
• Promulgated Under: 111.15

Ohio Adm.Code 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

History

• Effective: July 11, 2016
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-14 Medical and health care services.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-15 Juvenile rights.

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

History

• Effective: February 1, 2019
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-16 Behavior management of children.

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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-17 Admission and release procedures.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-18 Program.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 5139-37-19 Visitation and communications.

(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

History

• Effective: February 1, 2024
• Promulgated Under: 111.15

Chapter 5139-67 Grant Funding for Youth Services and Facilities

Ohio Adm.Code 5139-67-01 Definitions.

For the purpose of implementing Chapter 5139-67 of the Administrative Code, the following terms have the following definitions:

(A) "Activity purpose categories" means the categories established by the department from which programs and services are developed and data reported.

(B) "Administrative costs" means those costs related to the overall administration of the grant.

(C) "Base allocation" means the amount of state subsidy grant (youth services grant) funds a county will be eligible to receive, based on the formula found in section 5139.34 of the Revised Code.

(D) "Capital construction projects" means the acquisition, construction, reconstruction, rehabilitation, remodeling, renovation, enlargement or improvement of capital facilities as defined in section 154.01 of the Revised Code.

(E) "Chargeable bed days" means the number of bed days in an institution or community corrections facility for which reductions are made in the computation of the court's variable allocation; these do not include bed days which fall under the definition of public safety beds in section 5139.01 of the Revised Code; these do include the first five days of a youth's absence from an institution of the department or a community corrections facility.

(F) "Commitment" means the transfer of the physical and legal custody of a youth who is at least ten years of age but less than eighteen years of age from the court to the department for having committed an act that, if committed by an adult, would be a felony.

(G) "Community corrections facility" means a state funded facility operated for the sole purpose of providing treatment and rehabilitation to juvenile felony delinquents in lieu of a commitment to the department, as defined in section 5139.36 of the Revised Code.

(H) "Department" means the Ohio department of youth services.

(I) "Fair market value" means the cost of equipment, property, or services which would be paid by a prudent buyer in a given community. Prudence is based on comparison shopping and selection. Payment rates should conform closely to the going rate in the community for a given service.

(J) "Felony delinquent" means any child who is adjudicated a delinquent for having committed an act that, if committed by an adult, would be a felony. This includes any adult who is between the ages of eighteen and twenty-one and who is in the legal custody of the department for having committed an act as a Juvenile that, if committed by an adult, would be a felony.

(K) "Felony delinquent care and custody fund (FDCC)" means the fund into which "Reclaim Ohio" (variable allocation) and youth services grant funds (base allocation) are deposited and from which they are disbursed.

(L) "Fiscal agent" means the county fiscal representative responsible for oversight of department grant funds.

(M) "Fiscal year" means the state fiscal year period of July first through June thirtieth.

(N) "Funding application" means a document completed by a couty/juvenile court which reflects projected expenditures according to the established program categories in standard budget categories and is used to allocate and disburse funds under sections 5139.34 and 5139.43 of the Revised Code.

(O) "Grant" means funds disbursed to the counties in accordance with sections 5139.34 and 5139.43 of the Revised Code.

(P) "Indirect cost" means a fixed charge by the county for handling the grant and providing payroll and other related services;

(Q) "Institution" means a state facility created by the general assembly that is under the management and control of the department or a private facility with which the department has contracted for the institutional care and custody of felony delinquents, except for youth placed in accordance with section 5139.38 of the Revised Code.

(R) "Minority youth" means any youth that is not caucasian.

(S) "Program amendment" means a programmatic or budgetary change in a program.

(T) "Public safety beds" means a county's variable allocation is not adversely affected by bed days for any youth who are committed for a category I or II offense (aggravated murder, attempted aggravated murder, murder, attempted murder, kidnapping, rape, voluntary manslaughter, involuntary manslaughter (F1), and aggravated arson) as defined in sections 2151.26 and 5139.01 of the Revised Code with the exception of aggravated burglary and aggravated robbery; felony delinquents who are subject to and serving a three year period of commitment pursuant to divisions (A) and (B) of section 2152.17 of the Revised Code for an act other than a violation of section 2911.11 of the Revised Code that would be a category I or II offense; felony delinquents committed to the department by the juvenile court of a county that has had one-tenth of one per cent or less of the statewide adjudications for felony delinquents as averaged for the past ten fiscal years for which data is available and who are in the custody of an institution or a community corrections facility; youth adjudicated and recommitted for the commission of an offense committed while in a department institution; youth serving disciplinary time as defined in section 5139.01 of the Revised Code; or youth who have violated the terms and conditions of their supervised release, have had that release revoked, and are serving time beyond the initial thirty day period of institutionalization as defined in section 5139.01 of the Revised Code.

(U) "Recommitment" means the commitment for a new period of incarceration in an institution for a youth who is already in the legal custody of the department.

(V) "Revocation" means the legal process through which a juvenile court returns a youth, who has violated the post-release terms and conditions, to the department for institutionalization pursuant to the applicable divisions of section 5139.52 of the Revised Code.

(W) "Supplanting" means using grant funds to take the place of county money to fund the juvenile court's budget or related programs. Funds must be used to increase or enhance services to youth, and may not be used to pay for services which are already provided with county funds. Local funds for these services may not be decreased as a result of these grant funds.

(X) "Variable allocation" means the "Reclaim Ohio" allocation.

Last updated October 6, 2022 at 10:37 AM

History

• Effective: February 1, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-02 Responsibilities of the department.

In administering the program, the department shall do all of the following:

(A) Establish procedures and time frames for submitting grant agreement and funding applications and other documents as required by this grant;

(B) Determine each juvenile court's base and variable allocations and notify each juvenile court of its allocations;

(C) Review and approve each grant agreement and funding application based on compliance with the Administrative Code and the Revised Code;

(D) Provide technical assistance and training to the juvenile courts relative to all rules and procedures of the grant; and assist in planning, program development, implementation and evaluation of this grant;

(E) Disburse the base allocation to the counties in accordance with the requirements of section 5139.34 of the Revised Code, if all required reports have been received;

(F) Disburse the variable funds to the counties in accordance with section 5139.43 of the Revised Code if all required reports have been received;

(G) Monitor the court's grant funded programs for compliance.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: February 17, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-03 Responsibilities of the county.

Grant funds received by the county:

(A) Shall not be commingled with any other funds;

(B) Shall be deposited in the felony delinquent care and custody fund;

(C) May be used to fund capital construction projects only in an amount that does not exceed fifteen per cent of the base allocation amount for the current fiscal year;

(D) Shall be disbursed for use by the juvenile courts as follows:

(1) For use in the provision of programs and services for delinquent, unruly and juvenile traffic offenders;

(2) For use in prevention, early intervention, diversion, treatment and rehabilitation programs that are provided for alleged or adjudicated unruly or delinquent children or children at risk of becoming unruly and delinquent children, and juvenile traffic offenders.

(E) Shall not revert to the county general fund at the end of any fiscal year;

(F) Shall carry over from the end of any fiscal year to the next fiscal year in the felony delinquent care and custody fund;

(G) Shall be in addition to, and not be used to reduce, any usual annual increase in country funding that the juvenile court is eligible to receive or the current level of county funding of the juvenile court and of any programs or services for delinquent children, unruly children, juvenile traffic offenders or non-adjudicated youth supported by county moneys;

(H) Shall be in addition to, and not be used to supplant, county funds.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: June 26, 2008
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-04 Responsibilities of the juvenile court.

The juvenile court shall:

(A) Submit a signed grant agreement and funding application by a date determined by the department;

(B) Submit financial expenditure reports, other fiscal reports, program reports, statistical reports, and other information on forms and according to the time frame established by the department;

(C) Deposit grant funds into the felony delinquent care and custody fund;

(D) Provide treatment and rehabilitation programs and services for adjudicated felony delinquents that are alternatives to commitments to the department;

(E) Provide early intervention, treatment and rehabilitation programs for youth adjudicated delinquent, unruly, and juvenile traffic offenders;

(F) Provide out of home placement of youth only in detention centers, community rehabilitation centers, or community corrections facilities approved by the department pursuant to standards adopted by the department; licensed by an authorized state agency; or accredited by a national organization, such as the American correctional association, and recognized by the department;

(G) Develop effective programs for youth which preserve their rights and dignity. Program activities must be safe, productive, humane, and adequately supervised;

(H) Monitor and evaluate the effectiveness of all programs funded through the grant;

(I) Maintain records as needed to allow the department to conduct program monitoring and evaluation and fiscal audits;

(J) Participate in any program and fiscal monitoring and evaluation conducted by or on behalf of the department;

(K) Be required to have on file for auditing purposes any written agreements with contractors or other service agreements;

(L) Refer to activity purpose categories as defined by the department when developing all programs;

(M) Ensure equal access of minority youth to the programs funded through this grant;

(N) If the juvenile court fails to submit the required funding application and grant agreement, fiscal reports, statistical reports or other required reports, the department shall not make base or variable allocation payments to the county until the information is received;

(O) In the event that a variable allocation payment is withheld under the conditions of paragraph (N) of this rule or section 5139.43 of the Revised Code, and the juvenile court does not comply with the conditions of paragraph (N) of this rule or section 5139.43 of the Revised Code within one hundred eighty days of the due date established by the department, the payment shall not be made to the county;

(P) Not use grant funds to support programs or services that do not comply with the core requirements of the federal Juvenile Justice and Delinquency Prevention Act of 2002, 42 U.S.C. 5633;

(Q) Not use grant funds to support programs or services that research has shown to be ineffective;

(R) Not use grant funds to support programs or services, such as sex offender programs, that do not meet applicable standards as established in the Administrative Code.

Last updated October 6, 2022 at 10:37 AM

History

• Effective: October 16, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-05 Fiscal restrictions and requirements.

(A) All expenditures must be directly related to approved programs and must be in accordance with the approved funding application;

(B) All obligations must be incurred within the grant period and liquidated by September thirtieth of the following state fiscal year, only excepting unemployment and worker's compensation expenses, which are recognized in the year that they are paid;

(C) If any cash balance remains at the end of the fiscal year, it shall be carried over into the next fiscal year within the felony delinquent care and custody fund and shall not be reverted to the county's general fund;

(D) All purchases are subject to county purchasing policies and procedures, except that purchases of direct service for youth do not have to be competitively bid pursuant to section 121.37 of the Revised Code. If no county purchasing procedures exist, state purchasing procedures shall be followed;

(E) Cost of equipment, property, services or any other budgeted items must be at fair market value, or that which would be paid by a prudent buyer in a given community. Prudence is based on comparison shopping or selection. Payment rates should conform closely to the going rate in the community for a given service;

(F) Should a county employee be employed and paid by the subsidy grant in addition to his/her full time job, the work must be performed on the employee's own time outside his/her full time job and compensation must be reasonable and consistent with fair market value. Hours worked for both jobs must be clearly documented;

(G) Any overtime premiums paid to court employees must be prorated among the various activities of the employee and not charged exclusively to grant funds unless the employee works full time on the grant. Overtime rates can be paid only if, and in proportion to the time, the employee worked on the grant during the relevant time period;

(H) Funds provided shall be in addition to, and shall not be used to supplant, existing county funding or any usual annual increase in county funding of the juvenile court or any program or service for delinquent children, unruly children, juvenile traffic offenders or non-adjudicated youth funded by the county;

(I) The department shall suspend funding to a subsidy grant funded program if it finds failure to comply with the administrative rules promulgated by the department;

(J) Administrative costs are limited to those essential to the management of the grant and should be reflected in the "grant administration narrative". Indirect costs are unallowable within the grant;

(K) All costs incurred in fund-raising activities are unallowable within the grant;

(L) All costs for awards and social functions for staff are unallowable within the grant;

(M) Contributions and donations are unallowable within the grant;

(N) All costs related to licensing, professional fees, or dues for personnel, unless required by the job, are unallowable within the grant;

(O) College tuition reimbursement for employees is unallowable within the grant;

(P) All costs for staff amusement, social activities, and incidental costs relating thereto, such as meals, beverages, lodging, rentals, transportation and gratuities are unallowable within the grant;

(Q) Reimbursement for travel expenses for training and the costs of training are limited to that related to court services to youth. Records for travel and training expenses which clearly identify the trainees, locations of travel, and breakdown of expenses shall be maintained;

(R) Capital construction projects are not allowable except as noted under section 5139.34 of the Revised Code;

(S) Checking accounts are a non-allowable expense with grant funds in accordance with state auditor sections 307.55 and 319.16 of the Revised Code;

(T) If a court receives a reimbursement from an outside entity for an expense for which costs were shared, the reimbursed funds shall be deposited in to the felony delinquent care and custody fund with a clear audit trail denoting the original expense;

(U) Expenditures shall not exceed an approved program or an approved line item by twenty per cent or five thousand dollars, whichever is less. A funding application amendment must be submitted for the department's prior approval for any expenses which would exceed these limits or if the expenditure would alter the nature of the program;

(V) Up to one thousand dollars may be moved between or within programs into existing line items of programs in a funding application. In such cases, the juvenile court will submit amended budget forms to the department. Transfers of more than one thousand dollars require that a funding application amendment be submitted to the department for approval prior to the transfer;

(W) At the time of separation from employment, the department will only recognize accrued vacation/sick leave expense liability in proportion to the percentage of the employment period during which the employee was employed in programs funded by the subsidy grant and paid from grant funds, pursuant to statutory and county policy limits;

(X) In the event that a county's application is not approved by July first of the fiscal year, then the county is still approved for allowable expenses and programs that were approved in the previous fiscal year; however, no new programs and expenditures are allowable until the application for the new fiscal year has been approved.

Last updated October 6, 2022 at 10:37 AM

History

• Effective: October 16, 2017
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-06 Audit requirements and record retention.

The department and the county shall adhere to the following:

(A) Each county receiving grant funds shall in writing request the auditor of state, or an accounting firm authorized by the auditor of state, to perform additional procedures as part of the audit performed under section 117.11 of the Revised Code. The cost of performing the additional audit procedures shall be paid from the felony delinquent care and custody fund;

(1) The scope of the additional procedures shall include legal compliance with section 5139.34 and division (C) of section 5139.43 of the Revised Code;

(2) The scope of the additional procedures shall also include examination of revenues and expenses, cash balance, outstanding obligations and internal controls;

(3) The county will provide a copy of applicable sections of the audit report upon request of the department;

(B) It shall be the responsibility of the department to perform the following auditing functions:

(1) Pre-audit the grant applications, program amendments, and requests for funds to ensure that the fiscal forms have been submitted and completed in accordance with fiscal guidelines of the department;

(2) Interim exceptions. Within sixty days of the date of the filing of the reports under rule 5139-67-04 of the Administrative Code, the department shall, in writing, notify the administrative juvenile judge and the board of county commissioners of its intention to take interim exceptions to any of the actual and projected costs therein reported. The department shall include in this notification a sum certain by which it proposed to either increase or decrease the budget and/or expenditures incurred during the fiscal year covered by this report;

(C) The department may perform an audit of the county felony delinquent care and custody fund;

(D) When a county is selected for audit, per the department's audit schedule, the department will perform an audit of the fiscal records in accordance with generally accepted auditing standards, including such tests of the funding records and such auditing procedures considered necessary under the circumstances. The scope of the audit will encompass, but may not be limited to the following:

(1) An examination of financial transactions, funds, and reports pertaining to the approved funding application;

(2) An evaluation of compliance with the established rules;

(E) Upon the completion of the audit examination, an audit report shall be issued which shall include a statement regarding:

(1) The expenditures of funds, and;

(2) Compliance with applicable regulations and the approved funding application, with approved revisions and amendments;

(F) Audit and actual exceptions. Within one hundred twenty days of the date the department conducts an audit as required under paragraph (D) of this rule, the department shall, in writing, notify the administrative juvenile judge and board of county commissioners of its intention to take exception to any of the actual costs therein reported. The county fiscal agent shall be required to refund to the department from the county general revenue fund the amount of the exception to the reported costs within forty-five days of notification unless an appeal of the exception is filed;

(G) Appeal of exceptions: if within forty-five days of the date of department notification to take exception under paragraph (A) or (B) of this rule, the administrative juvenile judge or the board of county commissioners does not file with the department a request for appeal, the action proposed in the department of youth services notification to take exception shall be final and binding. If an appeal is filed, the director of the department shall notify the court of the decision regarding the appeal within forty-five days. The actions proposed in the department's notification to take exception may be made final and binding before the expiration of the forty-five days within which the county may appeal if the administrative juvenile judge and board of county commissioners waive, in writing, the provisions of this paragraph. If the determination is made that the appeal of the exception is denied, the county fiscal agent shall be required to refund to the department from the county general revenue fund the amount of the exception to the reported costs within thirty days of notification of the appeal decision;

(H) With reasonable advance notice, provide the department access to records, including any or all documents related to the felony delinquent care and custody fund;

(I) Maintain accurate fund records which indicate all income and expenditures for the felony delinquent care and custody fund;

(J) Keep the records current and legible;

(K) Support all income and expenditures with documentation to provide a clear audit trail for every financial transaction;

(L) Proper inventory schedules must be maintained for all equipment items purchased with grant funds. Inventories must include the following information for all equipment: number, purchase price, date of acquisition, vendor, condition and location;

(M) County-established guidelines will be used for the salvage of unusable, damaged, and/or unrepairable equipment taken out of the juvenile court or projects funded by the youth services grant. If no county guidelines exist, state guidelines shall be followed;

(N) The administrative juvenile court judge and board of county commissioners must maintain all records related to this chapter until the department has accepted a final closing expenditures report for the last year for which the record documents or supports a cost or expenditure, or for three years, whichever is longer.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: February 17, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-07 Reconciliation.

(A) If the juvenile court believes there are errors in the calculation of chargeable bed days, the juvenile court shall submit a bed day reconciliation form to the department's bureau of subsidies. No corrective adjustments can be made without this form being received;

(B) If an error is found during the same fiscal year in which the error took place, the adjustment will be made in the current fiscal year's total of chargeable bed days;

(C) If an error is found following the fiscal year in which the error took place and if the error is found prior to May of the following fiscal year, then the adjustment shall be made to the prior fiscal year's total of chargeable bed days.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: February 17, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-08 Internal control.

It shall be the responsibility of the juvenile court to evaluate its systems of internal accounting and administrative controls on an ongoing basis to provide assurance that:

(A) Resources are utilized efficiently, effectively and in compliance with applicable law;

(B) Obligations and costs are in compliance with applicable law;

(C) Funds, property and other assets and resources are safeguarded against waste, loss, unauthorized use and misappropriation;

(D) Revenues, expenditures and transfers of assets, resources, or funds applicable to operations are properly recorded and accounted for to permit the preparation of accounts and reliable financial and statistical reports, and to maintain accountability over the state's resources.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: October 25, 2002
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-09 Responsibilities of the advisory committee.

The "Reclaim advisory committee" shall:

(A) Be comprised of the following members:

(1) Two juvenile judges appointed by the Ohio association of juvenile court judges;

(2) The director of the department of youth services, or his designee;

(3) The director of the office of budget and management, or his designee;

(4) A member of the senate committee dealing with finance or criminal justice issues, appointed by the president of the senate;

(5) A member of the house of representatives committee dealing with finance or criminal justice, appointed by the speaker of the house of representatives;

(6) A member of the board of county commissioners, appointed by the county commissioners association of Ohio;

(7) Two juvenile court administrators, appointed by the Ohio association of juvenile court judges;

(B) Meet at least once during each quarter of the calendar year, or more frequently at the call of the chairman, to conduct the business of the committee set forth in sections 5139.41 and 5139.44 of the Revised Code;

(C) Advise the department of youth services, office of budget and management, and the general assembly on any changes that the committee believes should be made to the "Reclaim Ohio" program.

Last updated July 29, 2022 at 11:39 AM

History

• Effective: February 17, 2006
• Promulgated Under: 119.03

Ohio Adm.Code 5139-67-10 Withholding and reallocation of funds.

(A) The maximum balance carry over at the end of each respective fiscal year in the felony delinquent care and custody fund in any county, from funds allocated to the county pursuant to sections 5139.34 and 5139.41 of the Revised Code in previous years, shall not exceed an amount to be calculated as provided in the formula set forth in section 5139.43 of the Revised Code, unless that county has applied by the due date established by the department for, and been granted, an exemption by the department after considering the following factors, supported by a written plan to bring the court into compliance with this rule on forms and according to the time frame established by the department:

(1) Changes in the number of charged bed days;

(2) Fluctuation in moneys allocated by the department;

(3) Fluctuation in moneys expended by the county;

(4) Fluctuation in community resources, grant match funds and county funding levels;

(5) Interruptions in programming;

(6) Program start-up;

(7) Use of funds to support initiatives of the department, such as re-entry services for youth on parole, cognitive-behavioral therapy centers or initiatives to address disproportionate minority contact;

(8) Extraordinary circumstances that the juvenile court could not have anticipated;

(B) Any moneys exceeding the maximum balance carry over shall be withheld from future payments, unless an exemption has been granted, and reallocated by the department as approved by the director in consultation with the reclaim advisory committee;

(C) If a payment is made to a county juvenile court and it is later determined through fiscal reports submitted by the county to the department that the payment should have been withheld, the department shall notify the court in writing and the county shall refund, within thirty days of notification, the amount that should have been withheld.

Last updated June 23, 2023 at 12:19 PM

History

• Effective: June 29, 2009
• Promulgated Under: 119.03

Chapter 5139-68 Release and Discharge Procedures

Ohio Adm.Code 5139-68-01 Definitions.

The release authority board members are appointed pursuant to section 5139.50 of the Revised Code. For the purpose of implementing rule 5139-68-01 of the Administrative Code, the following terms have the following definitions:

(A) Board member is defined as one of the five members of the release authority appointed pursuant to section 5139.50 of the Revised Code.

(B) Chair of the release authority (chair) is defined as a board member of the release authority designated by the director of ODYS to be the chairperson and the bureau chief of the release authority pursuant to division (D) of section 5139.50 of the Revised Code.

(C) Continuance time is defined as an extension of a youth's commitment beyond his/her MSED or PED. The appropriateness of continuance time is determined by release authority board members based on the facts before them, and may be recommended by the superintendent or IDT (with a programming plan connected to a minimum of one measurable objective on the integrated treatment plan) or by board members themselves.

(D) Designated release authority contact is defined as a board member designated as the point of contact for release authority information on a youth.

(E) Disposition investigation report (DIR) is a social history completed by the committing juvenile court and submitted to the reception center upon admission of a youth in accordance with sections 2152.18 and 5139.04 of the Revised Code.

(F) Discharge is defined as the termination of the Ohio department of youth services' legal custody of a youth, division (C) of section 5139.51 of the Revised Code.

(G) Discharge date (DD) is defined as the month, day and year on which a youth is officially discharged from the department's custody.

(H) Discharge eligibility date (DED) is defined as the projected month, day and year for which a youth may qualify for discharge from the department's custody.

(I) Discharge review is defined as a process whereby the release authority considers whether the termination of ODYS legal custody of a youth is appropriate.

(J) Discipline adjusted parole eligibility date (DAPED) is defined as the month, day and year for which a youth may qualify for release from the institution and which reflects all approved intervention time.

(K) Earliest release date (ERD) is defined as the earliest month, day and year on which a youth with an automatically opted in victim may have a panel release review.

(L) Expedited release review is defined as a process in which a youth is approved for release on his/her MSED immediately following the completion of the release expectations.

(M) Expedited release review summary is the form used to document the release approval of a youth through the expedited release review approval process and identifies institutional expectations and minimum parole plan requirements.

(N) Full board is defined as a quorum of three or five board members that are necessary to conduct official actions on behalf of the board.

(O) Hearing officer is defined as a designated employee within the release authority who carries out approved duties of the board and may assist in the release and discharge decision making process, development of release expectations and completion of semi-annual reviews.

(P) Historical-clinical-risk management 20 (HCR-20) is a violence risk assessment tool for youths eighteen and older that structures clinical decisions about the likelihood of violent behavior, and to inform risk reducing treatment and management strategies. It contains twenty risk factors in three subscales (historical, clinical and risk management).

(Q) Initial security classification instrument is defined as a tool administered at reception to assist in determining the risk a youth poses to the safety and security of the institution, staff and youth.

(R) Interdisciplinary team (IDT) is defined as the team of facility staff responsible for communicating, coordinating and revising a youth's ITP. Minimally, the team consists of a unit manager, case manager, behavioral health services staff, youth specialist(s), education, recreation, and the juvenile parole officer. Other participating staff may be included, such as medical services, religious services or administration. Family members are also members of the team and encouraged to participate when possible.

(S) Integrated treatment plan (ITP) is defined as the primary formal strategy developed to address the habilitation, education, rehabilitation, social, mental health and psychiatric needs of a specific youth throughout the full course of the department's legal custody. The plan is initially developed by the case manager assigned to the intake unit. Behavioral services staff add recommendations to the initial plan after completing a mental health appraisal, and release authority staff add release expectations. The ITP is reviewed by the IDT monthly during the institutional period. At any semi-annual review panels, the case manager submits a retrospective summary of ITP goals during the total institutional period, and parole submits continuation objectives to translate institutional programming to a community setting. Upon release to parole, the ITP continues to be reviewed monthly to ensure court orders and treatment recommendations have been successfully completed prior to discharge from the department's legal custody.

(T) Intervention time (IT) is defined as additional time that delays a youth's planned release, imposed following an Institutional Intervention Hearing which was recommended by the superintendent and approved by release authority.

(U) Juvenile justice case management system (JJCMS) is defined as an electronic case management record keeping system used by ODYS.

(V) Minimum sentence expiration date (MSED) is defined as the end of the judicially prescribed minimum sentence based on the Ohio Revised Code minus confinement credit.

(W) Office of victim services is defined as an office within the bureau of the release authority which provides assistance to victims, victims' representatives and members of a victim's family (section 5139.56 and applicable sections of Chapter 2930. of the Revised Code).

(X) ODYS is defined as the Ohio department of youth services.

(Y) Ohio youth assessment system (OYAS) is a multi-layered assessment process used to accurately measure risk/needs/responsivity at various states of youth involvement in Ohio's juvenile justice system.

(Z) OPTIX is defined as an electronic imaging system used by ODYS to store youth records.

(AA) Panel is defined as a release review team consisting of at least two release authority staff, one of which must be a board member.

(BB) Parent institution is defined as the institution to which a youth is assigned upon leaving reception.

(CC) Parole is defined as the period of community supervision provided by ODYS after a youth is judicially released to parole or granted a supervised release to parole by the release authority.

(DD) Parole eligibility date (PED) is defined as the projected month, day and year for which a youth may qualify for release from the institution after his/her next panel release review.

(EE) Parole on or after date (POA) is defined as the earliest month, day and year, on which a youth approved for release, by a panel or full board, may be released from the institution.

(FF) Parole revocation is defined as an action taken by the juvenile court that removes the release status of a youth for serious violations of the terms and conditions of the rules of parole and returns the youth to the department of youth services for institutionalization (section 5139.52 of the Revised Code).

(GG) Period of parole supervision (PPS) is defined as the projected number of days that a youth will be on parole based upon the youth's OYAS risk classification.

(HH) Placement juvenile court is defined as the juvenile court in the county in which a juvenile will be placed.

(II) Progress review summary is defined as the form that summarizes the progress review, identifies the next progress review date and is electronically available and provided to all required parties.

(JJ) Registered victim is defined as a person or their designee who has elected to register with the office of victim services or automatically opted in to receive release and discharge review notifications and/or to be able to provide review input (sections 5139.56 and 2930.16 of the Revised Code).

(KK) Release authority is defined as a bureau within the department that includes the board, the office of victim services and other designated staff that carry out the duties specified in section 5139.50 of the Revised Code.

(LL) Release authority designee is defined as a staff member of the release authority assigned to perform a specific function.

(MM) Release authority review schedule (RARS) is defined as a listing of a youth's approaching MSED or PED review month; semi-annual review periods, if applicable; the period of parole supervision; and, the statutory input submission deadlines.

(NN) Release decision worksheet is defined as the document on which panel members record the decision and rationale for a panel release review.

(OO) Release expectations are defined as the document provided to the youth that identifies the committing court expectations for program engagement and completion prior to release from a facility, the release authority expectations for the period of institutionalization, identifies parole expectations, provides the MSED, and states the planned period of parole supervision.

(PP) Release expectations worksheet is defined as a work tool used to record and document information reviewed and being considered in the development of release expectations and the ITP.

(QQ) Semi-annual review summary is defined as the form that summarizes the semi-annual review, identifies the next semi-annual review period and is electronically available and provided to all required parties.

(RR) Serious incident is defined as an act that involves physical harm to another, conduct that creates substantial risk to the safety and security of the institution, or significant property damage and there has been a formal finding following a hearing that followed due process and notification requirements and there is an accounting for any institutional factors regarding conditions beyond a youth's control.

(SS) Serious youthful offender (SYO) is defined as a youth committed to the department under section 2152.13 of the Revised Code with the adult portion of the dispositional sentence stayed pending successful completion of the traditional juvenile disposition imposed.

(TT) Structured assessment of violence risk in youth (SAVRY) is a research-based risk assessment tool for youth ages twelve to eighteen composed of twenty-four items in three risk domains (historical risk factors, social/contextual risk factors and individual/clinical factors). Each risk factor has a three level rating structure with specific rating guidelines (low, moderate or high). There are also six protective factor items that are rated as present or absent.

(UU) Statutory input is defined as comments or objections submitted or communicated by the court or prosecutor or victim as required in division (A) of section 5139.51 and section 5139.56 of the Revised Code.

(VV) Supervised release is defined as the release of a youth by the release authority after the youth's MSED and supervision is provided by the department (section 5139.51 of the Revised Code).

(WW) Supervised release plan is defined as the combination of the ITP with adapted parole goals, objectives, and interventions, and the rules of parole developed by the parole office and which includes any additional release authority requirements.

(XX) Youth advocate is defined as a neutral and specially trained staff person available to assist a youth as provided for in the department's operating policies and procedures related to youth intervention proceedings.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 111.15

Ohio Adm.Code 5139-68-02 Disposition investigation report and transfer of physical custody.

The Ohio department of youth services and the court shall adhere to the following:

(A) The Ohio department of youth services shall develop and furnish to all juvenile courts a standard disposition investigation report which the court will complete and submit to the Ohio department of youth services at the time the court transfers physical custody of the youth to the Ohio department of youth services. The report shall not be modified in anyway and each section must be completed with the most current information.

(1) The report may include but is not limited to sections pertaining to instant offense information, victim information, victim impact statement, prior court referrals, family member information, current level of family functioning, offense history of family member(s), youth's religion, youth's school history, youth's employment, youth's developmental disability and/or mental health issues, youth's medical information, youth's alcohol & drug history, personal/social data, youth's social security number, youth's self-assessment of strengths and weaknesses, youth's assessment of family strengths and weaknesses, summary or impressions, and recommendations for disposition;

(2) Periodically, the Ohio department of youth services may evaluate and modify the standard disposition investigation report if deemed appropriate. The courts will be notified of any changes thirty days in advance of implementation and are required to utilize the modified report as outlined in this rule.

(B) When the court commits a youth to the Ohio department of youth services the court shall, at the time of transfer of physical custody of the youth, provide the following documents:

(1) The youth's medical records;

(2) A copy of the report of any mental examination of the youth ordered by the court;

(3) The section or sections of the Ohio Revised Code violated by the youth and the degree of each violation;

(4) The warrant to convey the youth to the department;

(5) A copy of the court's journal entry ordering the commitment of the youth to the legal custody of the Ohio department of youth services; and

(6) A current copy of the standard disposition investigation report.

(C) The Ohio department of youth services may refuse to accept physical custody of a delinquent youth who is committed to the legal custody of the Ohio department of youth services until the court provides to the Ohio department of youth services the documents specified in paragraph (B) of this rule. No officer or employee of the Ohio department of youth services who refuses to accept physical custody of a delinquent youth committed to the legal custody of the Ohio department of youth services shall be subject to prosecution or contempt of court for refusal to accept a youth if the court fails to provide the documents specified in paragraph (B) of this rule.

Last updated August 22, 2024 at 11:52 AM

History

• Effective: August 22, 2024
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-03 Release expectations.

The purpose of this rule is to provide guidelines on the development and communication of release expectations for youth committed to the department of youth services.

(A) All youth committed to the department shall have release expectations developed after their admission to ODYS.

(B) The release expectations shall include commitment expectations from the committing juvenile court, recommended programming from the IDT derived from institutional intake assessments that can be completed prior to the MSED or PED, whichever is later. Release expectations may include recommendations for a continuation of institutional programming onto parole in advance of the release review panel.

(C) The release expectations, release authority review schedule (RARS), release authority review processes, and when applicable the victim role, SYO, or court-ordered requirements shall be explained to the youth in person or through the use of technology upon the completion of the youth's intake assessment process. A copy of the plan and schedule shall be provided to the parent institution and the regional office for use in development of treatment and service plans.

(D) The youth's parent(s) or legal guardian shall receive a copy of the release expectations and RARS.

(E) The committing juvenile court and the prosecutor shall receive a schedule of the established semi-annual review months, if applicable, and release reviews should they elect to submit comments prior to any of the scheduled reviews.

(F) The office of victim services and registered victim, if applicable, shall receive a schedule of the established semi-annual review months, if applicable, and release reviews should they elect to submit comments prior to any of the scheduled reviews.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 111.15

Ohio Adm.Code 5139-68-04 Regular release reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority regular release review process.

(A) All youth shall receive a release review at least thirty days prior to their MSED, unless a youth has a significant amount of confinement credit, a commitment change or a revocation which prohibits conducting the review within that time frame (section 5139.56 of the Revised Code). When a youth's review cannot be held in the thirty day time requirement, it shall be held upon completion of the assessment process and/or victim notification process.

(B) The release review shall be conducted by a panel of at least two members of the release authority with at least one of the members being a board member. The panel shall be conducted in person or through the use of technology.

(C) The youth shall be present for the panel and shall have the opportunity to present information on his/her release readiness except in cases of absentia. The youth may have an institutional staff representative at the panel to provide support and assistance with the process.

(D) In cases where the release review panel was done in absentia, the institution shall schedule a special release review panel upon the youth's return to the institution. The special release review panel shall occur at the next regularly scheduled panel site visit.

(E) The release review panels shall be restricted to persons necessary for the orderly and fair conduct of the panels and shall be conducted in a manner to respect the youth's privacy.

(F) The youth's custodial parent or guardian may participate in the release review panel at the institution, via videoconference, webcam, videophone or telephone, as well as provide written input prior to the panel.

(G) The panel shall consider all input provided by the victim, the office of victim services, the court, the prosecutor, the youth, the youth's family, the youth's attorney, institutional staff, including the superintendent and the IDT and regional staff that was received prior to the completion of the panel review.

(H) A youth shall be approved for release unless one of the following occurs:

(1) There is a serious incident barrier to release. The release authority designee shall have carefully reviewed the submitted documentation to ensure that the superintendent has approved intervention time as a sanction, the youth received notification and has indicated whether or not he will appeal.

(2) There is a public safety barrier to release as the youth has been determined to pose a significant public safety risk for recidivism for violent and/or hurtful behavior. This shall be determined by:

(a) A SAVRY or HCR-20 which documents the youth's risk for violence as determined by the research-based risk assessment tool with independent clinical judgment from qualified staff members; or,

(b) If the youth's risk for certain hurtful conduct cannot be measured by the SAVRY or HCR-20, the likelihood of the youth's recidivism is documented by other research-based assessment tool(s) in conjunction with independent clinical judgment from qualified staff members.

(c) The OYAS may be used to inform the independent clinical judgment. However, the OYAS alone shall not be sufficient to demonstrate a risk of recidivism for violent and/or harmful conduct.

(3) There is a treatment barrier to release. This shall be documented by a request for continuance time:

(a) A written IDT report that states:

(i) The youth is in need of continued treatment or rehabilitation as determined by a research-based assessment tool or other instrument accepted as best practice, administered and interpreted by trained institutional staff; and

(ii) Provides a detailed description of the additional treatment or rehabilitative services the IDT proposes, including measureable goals for the youth; and,

(iii) Provides an estimated length of time the IDT believes is reasonably necessary for the youth to complete the additional treatment or rehabilitative services.

(b) A conclusion that ODYS has acted expeditiously to make the treatment or service available; and

(c) A conclusion that the treatment available in ODYS is effective; and

(d) A conclusion that the treatment or service cannot be provided safely in the community.

(e) If the committing court has ordered that a youth complete a sex offender treatment program while in an ODYS facility, the panel may rely on the court order as sufficient documentation for the treatment barrier.

(f) If the committing court does not order completion of a sex offender treatment program prior to release and there is no community registration requirement and effective treatment can be safely provided in the community; then the treatment barrier cannot be used.

(4) The panel may deny release when none of the prescribed barriers are present. An administrative override will be used as the barrier to release. An administrative override requires a full board and a written justification to the board chair of the release authority or designee. A notification of the use of the administrative override shall be provided to the director. An administrative override cannot exceed a continuance of ninety days per review.

(5) The presence of a detainer shall not automatically prevent a youth from being approved for release.

(I) If the panel does not agree on the release decision, then the chair or designee shall make a tie-breaking decision or convene a meeting of the full board to make a decision.

(J) Youth approved for release shall receive notification of the approval and be advised of any modifications to the community/parole plan and have a parole on or after date (POA) and a period of parole supervision established.

(K) Youth approved for release on a revised POA, not to exceed sixty days shall be advised of the decision and the rationale for the extension and any expectations associated with it and have a period of parole supervision established.

(L) Youth denied release shall be advised of the decision, the length of the continuance, not to exceed one hundred eighty days, the specific rationale for the decision and the expectations that will be considered at the next panel review and have a parole eligibility date (PED) established. The expectations and release conditions shall be incorporated into the youth's individualized treatment plan (ITP).

(M) The youth, institutional staff, regional staff, the office of victim services, the registered victim, the youth's family, the prosecutor, the court and law enforcement, as required by the Ohio Revised Code, shall be advised of the decision in writing within ten days of the panel review.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-05 Expedited release reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority expedited release review process.

(A) Youth committed to the department for a felony 2, 3, 4 or 5 or a revocation and determined to be more appropriate for receiving services in the community may be approved for release on their MSED shortly after completion of the release expectations review without a subsequent panel review.

(B) The expectations for the period of time the youth shall be in the institution, as well as for the designated period of parole shall be provided.

(C) The youth, institutional staff, regional staff, the office of victim services, the youth's family, the prosecutor, the court and law enforcement, as required by the Ohio Revised Code, shall be advised of the decision in writing.

(D) An expedited review may be rescinded due to the registration of a victim or as a result of a special release review request.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-06 Special release reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority special release review process.

(A) The board shall have a special release review process to allow youth that have met their MSED and their expectations prior to their scheduled panel review to be reviewed earlier.

(B) The board shall have a special review process to re-examine release approval decisions when circumstances change and youth are no longer meeting the expectations for release.

(C) Special reviews may be requested by:

(1) The institutional superintendent

(2) The regional administrator;

(3) The committing juvenile court;

(4) The release authority, or

(5) The youth through his attorney or the youth advocate.

(D) All special reviews shall be completed by a panel and follow the regular release review requirements.

(E) All special review denials shall be conducted in person or through the use of technology.

Last updated October 7, 2024 at 1:22 PM

History

• Effective: October 20, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-07 Appeal of release review.

The purpose of this rule is to provide consistent guidelines and criteria on appeals to the release authority regular release review process.

(A) Any youth that has his/her release date extended by more than thirty days of continuance time may appeal, in writing, the panel decision within seven days of receipt of the decision if one of the following conditions exists:

(1) Relevant additional or missing information was not considered; or,

(2) Required treatment or rehabilitative services is disputed; or,

(3) Administrative procedures were not followed; or,

(4) Any other factor which would render the result manifestly unjust.

(B) The youth may choose to have the assigned institutional youth advocate assist him/her in the process.

(C) A youth may not appeal any intervention time as the intervention hearing process contains an appeal process.

(D) The division of legal services shall review the appeal and make a decision within ten business days.

(E) If the division of legal services grants the appeal, the youth shall be entitled to a special review by another panel.

(F) The decision of the special review panel is final and binding.

Last updated October 7, 2024 at 1:22 PM

History

• Effective: October 20, 2014
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-08 Long term youth semi-annual reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority semi-annual review process for long term youth.

(A) Youth committed to the department with minimum sentences, minus confinement credit, greater than twelve months may be scheduled for semi-annual reviews.

(B) A release authority designee may meet with the youth, institutional representatives, regional staff and the youth's family to review the youth's progress in meeting his/her ITP goals and objectives, identify reentry needs, commend any youth achievements, address any intervention time that has been accrued since the last review and discuss positive incentives.

(C) Semi-annual reviews shall not affect a youth's release nor be used to extend his/her release dates.

(D) In the event the release authority has determined that a progress review is to be held, the youth shall be present for the review and shall have the opportunity to present information on his/her release readiness except in cases of absentia. The youth may have an institutional staff representative at the hearing to provide support and assistance with the process.

(E) At the end of each semi-annual review, the next semi-annual review period and review type shall be re-affirmed and a copy of the semi-annual review summary provided to the youth, youth's custodial parent or legal guardian, institution, region, court, prosecutor and office of victim services.

Last updated February 10, 2025 at 10:53 AM

History

• Effective: December 12, 2019
• Promulgated Under: 111.15

Ohio Adm.Code 5139-68-09 Revocation reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority revocation review process.

(A) Youth returning to the department from either a judicial release to probation (division (B)(1) of section 2152.22 of the Revised Code) or a judicial release to parole (divisions (B)(2), (C)(1) and (D)(2) of section 2152.22 of the Revised Code) from a revocation shall have their time set at either ninety days unless the journal entry specifies a different amount of time.

(B) Youth returning to the department from supervised release shall be set at ninety days unless the journal entry specifies a different amount of time (division (F) of section 5139.52 of the Revised Code).

(C) Youth may have their time set and be approved for release under the expedited release approval process.

(D) If a youth is not approved for release under an expedited release approval process the youth shall be subject to the regular release review process.

Last updated February 10, 2025 at 10:54 AM

History

• Effective: December 12, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-10 Discharge reviews.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority discharge review process.

(A) Youth may be discharged from the department from either parole status or institutional status based on the length of their sentence and the manner in which they are leaving the department's custody.

(B) Institutional discharges may occur when a youth's sentence reaches or exceeds age twenty-one, the youth is sentenced as an adult, the youth is transferred to the custody of another agency, the youth's sentence has been vacated or the youth has met the criteria for a medical discharge.

(C) When a youth is approved for release and placed on parole status, a period of parole supervision shall be set based on the youth's risk assessment level, public safety concerns and the expectations for parole. If a youth is judicially released prior to his MSED, then JJCMS extends the PPS to the MSED or age twenty-one if the MSED is greater than age twenty-one. Upon release, the youth shall be given a discharge eligibility date (DED).

(D) A discharge review shall be requested from the release authority according to the RARS. The regional administrator or designee shall make a recommendation for approval or denial.

(E) If the youth was judicially released or has an SYO sentence, court approval is required for any request to discharge the youth from ODYS custody.

(F) A board member shall consider information provided by the regional office and any information provided by the office of victim services, the registered victim, the court and the prosecutor.

(G) A discharge decision shall be based on whether or not the youth has completed his/her parole plan requirements or if there are public safety or treatment concerns that warrant an extension of the parole period.

Last updated February 10, 2025 at 10:54 AM

History

• Effective: December 12, 2019
• Promulgated Under: 119.03

Ohio Adm.Code 5139-68-11 Release authority information and education program.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority information and education program.

(A) The release authority shall provide youth with information and materials about the release and discharge processes. The information shall be provided during the reception/orientation period and included in the youth handbooks.

(B) The release authority shall provide educational materials and informational sessions for the families of youth committed to ODYS. Custodial parents and legal guardians shall receive communications of all release authority decisions concerning their son or daughter.

(C) The release authority shall provide training on the release and discharge process to staff through pre-service training and periodic in-service training opportunities, as well as the provision of informational materials on the process.

(D) The release authority shall work with other departmental divisions to provide training to courts, prosecutors, defense attorneys and law enforcement personnel on the release process.

(E) The release authority shall utilize technology whenever possible to increase access to information concerning the release authority and the release and discharge processes.

Last updated October 7, 2024 at 1:22 PM

History

• Effective: October 20, 2014
• Promulgated Under: 111.15

Ohio Adm.Code 5139-68-12 Constructive journalization.

The purpose of this rule is to provide consistent guidelines and criteria on the release authority constructive journalization process.

(A) At least thirty days prior to a youth's POA, the regional office shall forward a copy of the supervised release plan to the placement juvenile court requesting that the plan be journalized.

(B) Within fifteen days after receiving a copy of the supervised release plan, the placement juvenile court shall pursuant to section 5139.51 of the Revised Code:

(1) Enter the plan in its journal as submitted; or,

(2) Enter the plan in its journal with additional terms and conditions provided that they do not:

(a) Decrease the level or degree of supervision specified by the release authority; or,

(b) Substantially increase the financial burden of supervision; or,

(c) Alter the placement specified in the plan; or,

(3) Not enter the plan in its journal.

(C) When the placement juvenile court does not journalize the plan, the regional administrator or designee shall have three business days to work with the court to resolve the issues that are preventing the journalization of the plan.

(D) If at the end of the three day period, the regional office and the court remain at an impasse, the regional administrator shall notify the chair of the release authority in writing within two business days that there is an impasse.

(E) Within five business days of receipt of the notification from the regional office, the chair shall send a constructive journal entry letter to the juvenile court judge of the placement county with copies sent to:

(1) The youth from a representative of the IDT;

(2) The institution;

(3) The regional office;

(4) The youth's custodial parent(s) or legal guardian;

(5) The committing juvenile court;

(6) The office of victim services if applicable;

(7) The prosecutor; as required by the Ohio Revised Code; and

(8) Local law enforcement agency, as required by the Ohio Revised Code;

(F) The youth shall be released on his/her POA.

Last updated October 7, 2024 at 1:22 PM

History

• Effective: October 20, 2014
• Promulgated Under: 111.15

Chapter 5139-69 Creation of a Youth with Problematic Sexual Behavior Treatment Program Certification Advisory Board

Ohio Adm.Code 5139-69-01 Creation of a youth with problematic sexual behavior treatment program certification advisory board.

(A) There is hereby created within the department of youth services a youth with problematic sexual behavior treatment program certification advisory board. The advisory board's responsibilities will be to direct the inspection and monitoring of youth with problematic sexual behavior treatment programs. The advisory board will recommend the certification of such treatment programs to the director of the department of youth services. The advisory board will monitor and recommend certification for such programs solely for the purposes of compliance with section 2950.16 of the Revised Code.

(B) The seven-member advisory board will consist of representatives from the following juvenile specific areas:

(1) Community corrections;

(2) Assessments;

(3) Ohio department of youth services (DYS);

(4) Treatment;

(5) Victim rights;

(6) Juvenile court;

(7) Supervision / transition / reentry services

(C) A youth with problematic sexual behavior treatment program shall apply, in writing, to the advisory board for certification. The application for certification will be available on the department of youth services website. The program may be recommended for certification if it complies with the standards established by the advisory board. The advisory board shall establish standards that address the following:

(1) Statement of philosophy, including goals and model of treatment;

(2) The theoretical principles and operating methods employed to treat clients;

(3) The scope of services offered.

(D) If the advisory board does not recommend certification for an applying program, the advisory board will notify the treatment program, in writing, of the reason for the decision not to make a recommendation. The advisory board will reconsider their decision not to recommend a program for certification upon the request of the treatment program if submitted within sixty days of the advisory board's written decision. Such a request must be accompanied by additional or supplemental information that was not included in the original request for certification. If deficiencies have not been corrected within the timeframe specified, the advisory board will withhold any further consideration of the application for a period of one year from the date specified and the advisory board will require that a new application be submitted after one year. The certification will be invalid during that year.

(E) The advisory board will monitor the performance of each certified youth with problematic sexual behavior treatment program annually. To maintain certification, the treatment program must show maintenance of the standards established by the advisory board.

(F) If the advisory board recommends revocation of certification for failure to maintain the standards established by the board, they shall notify the treatment program, in writing, of the reason for the revocation. The certification will be terminated sixty days from the receipt of the revocation notice from the advisory board unless a reconsideration is requested pursuant to paragraph (D) of this rule.

(G) The advisory board shall reconsider the recommendation of the revocation of a certification upon the written request of the treatment program if submitted within sixty days. Such a request must be accompanied by additional or supplemental information. The advisory board shall act upon the request for reconsideration within thirty days from the receipt of the request. If the advisory board determines that revocation of certification is appropriate, the board will follow the procedure for termination pursuant to paragraph (D) of this rule. A program may request a reconsideration of the revocation of certification only once.

(H) The advisory board shall maintain a list of certified youth with problematic sexual behavior treatment programs open to public inspection on the department of youth services website.

Last updated December 7, 2023 at 12:03 PM

History

• Effective: December 7, 2023
• Promulgated Under: 119.03

Chapter 5139-70 Registration of Non-Profit Faith-Based Organizations

Ohio Adm.Code 5139-70-01 Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations.

(A) Nonprofit faith-based, business, professional, civic, educational, and community organizations that wish to enter institutions under the control of the department of youth services for the purpose of providing reentry services to youth shall be first registered with the department upon the approval of the director or their designee. For the purposes of this rule, the department shall refer to the department of youth services. Reentry services may include, but are not limited to, counseling, housing, job-placement, education, mentoring, family engagement, health and wellness, legal and money management assistance.

(B) For the purposes of registration with the department, the nonprofit organization shall submit a written application, in a form or manner as determined by the department, for the purposes of screening. The application shall include the following information:

(1) The name of the organization;

(2) The principal contact person, including the person's affiliation with the organization;

(3) The physical and mailing address for the organization;

(4) A statement regarding the organization's history, mission and objectives, and;

(5) A statement regarding what reentry services the organization can provide and how the organization will present these services within an institution.

(C) A nonprofit organization may be registered with the department to provide reentry services to youth if it can demonstrate to the satisfaction of the department the following:

(1) A commitment to the principles of youth reentry, with regard for the rights of victims and public safety;

(2) A commitment to comply with the department's administrative rules and policies regarding security, visitation, and volunteers in the institutions;

(3) The ability to consistently provide reentry services to the targeted youth population who will be identified through an agreement with the department; (i.e. years of servicing youth)

(4) A continuing commitment to provide reentry services in a manner that is professional, respectful of both youth and department staff, and will not bring discredit to the department or the state of Ohio. References would be accepted for this criteria;

(5) All prospective volunteers shall undergo a LEADS background check before being approved and registered with the department.

(D) The decision of the director or their designee regarding the registration of a nonprofit organization to provide reentry services is solely within the discretion of the director The director may consider any factor the director deems relevant regarding the suitability of the organization to be registered of a nonprofit organization. If, in the judgment of the director, the organization has compromised the safety and security of an institution, failed to abide by the rules and policies of the department, or otherwise been found unsuitable to provide reentry services the organization may have their registration revoked.

(E) The department shall maintain, on its internet web site, a list of the nonprofit faith-based, business, professional, civic, educational, and community organizations that are registered with the department under this rule. The department shall post an agency telephone number on the department's official internet web site that nonprofit organizations may call to obtain information.

(F) The department shall not endorse or sponsor any faith-based reentry program or endorse any specific religious message. The department may not require a youth to participate in a faith-based program.

Last updated July 8, 2025 at 11:51 AM

History

• Effective: June 25, 2015
• Promulgated Under: 119.03