Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(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 pe rcent 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.