reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-14 - Medical and health care services

Current through all regulations passed and filed through July 1, 2024
(A) The following standards are mandatory:
(1) Written policy and procedure require each
			 detention center to have a health authority designated for the medical
			 supervision, care and treatment of residents. The detention center shall ensure
			 twenty-four-hour availability of consultation, advice and emergency services
			 response. Such resources shall be located in the same or nearby
			 community.
(2) Written health care
			 policies and procedures shall be approved and signed by the responsible health
			 care authority annually.
(3)
			 Written policy and procedure require that all medicines be administered only by
			 trained staff as directed by the health authority.
(4) Policy and procedure require that within
			 seven days after an admission an examination shall be performed and recorded by
			 a physician and/or qualified health personnel to determine the apparent health
			 of the child. Medical arrangements for community follow-up upon a child's
			 discharge shall be coordinated as identified by the health authority.
(5) Written policy and procedure provide for
			 the prompt notification of parents/ guardians of the child as well as the
			 court of committment in case of serious illness,
			 serious surgery, serious injury and death.
(6) Written policy and procedure require the
			 safe and secure management, storage distribution and control of all drugs,
			 medical records and supplies to be maintained at all times as applicable to
			 facilities with pharmacies.
(7)
			 Written policy and procedure require that a medical record be maintained on
			 each child, which shall include pertinent information concerning illnesses,
			 communicable diseases, physical abnormalities, allergies and the administration
			 of treatment. Confidentiality shall be maintained in accordance to state and
			 federal law.
(8) Written policy and
			 procedure require a written plan for the staff's response to children who are
			 identified as potentially suicidal.
(9) Written policy and procedure require that
			 first-aid kits are available. The responsible health care authority approves
			 the contents, number, location and procedure for periodic inspection of the
			 kits.
(10) Written policy prohibits
			 the administration of stimulants, tranquilizers, and/or other psychotropic
			 drugs used to induce chemical or medical restraint solely for the purpose of
			 behavior management.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-15 - Juvenile rights

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-16 - Behavior management of children

Current through all regulations passed and filed through July 1, 2024
The following standards are mandatory:
(A) Written policy and procedure require that
			 behavior management program include all acts that are prohibited within the
			 facility, sanctions that can be imposed for various degrees of violation, and
			 system of reinforcing positive behavior. When a literacy or language problem
			 prevents a child from understanding the rules, a staff member or translator
			 will assist the child in understanding the rules. The written rules are
			 reviewed annually and updated, if necessary.
(B) Written policy and procedure require that
			 within a reasonable length of time, depending on child's demeanor and behavior,
			 the child has the cause for any disciplinary action explained to him/her and
			 has an opportunity to explain the behavior leading to disciplinary
			 action.
(C) Written policy and
			 procedure allow the facility to utilize "time out" for a brief removal of a
			 child from general population to a separate area
			 where egress is not blocked.
(D)
			 Written policy and procedure shall require the employees prepare a disciplinary
			 report when a child has committed a violation of detention center facility
			 rules.
(E) Written policy and
			 procedure shall outline the use of room confinement, medical isolation, and
			 self-confinement:
(1) Room confinement shall
			 not be used for punishment, administrative convenience, retaliation, staffing
			 shortages absent exigent circumstances, or reasons other than a temporary
			 response to behavior that threatens immediate harm to a child or
			 others.
(2) Room confinement does
			 not include normal sleeping hours or for brief periods of transitions, such as
			 shift changes. Medical isolation and self-confinement are not considered room
			 confinement.
(3) Written policy and
			 procedure require that children who are in room confinement including those in
			 medical isolation and self-confinement be observed at least every fifteen
			 minutes and that verification of contact shall be documented.
(4) Written policy and procedure require
			 children in the general population be supervised by direct care staff and
			 regulate the movement of children.
(5) Children are observed, at a minimum,
			 every thirty minutes during sleeping hours. The verification of the contact
			 shall be documented.
(6) Written
			 policy and procedures require that the detention center director or designee
			 shall review room confinement at a minimum of every four hours, and shall
			 document the continued need for room confinement.
(7) For children who are in self confinement,
			 staff shall attempt to engage the child in programming at least every shift and
			 attempt to determine the reason that the child is in self confinement and if
			 that reason can be resolved.
(8)
			 For a child on medical isolation, the child shall be placed on and removed from
			 isolation by the health authority.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-17 - Admission and release procedures

Current through all regulations passed and filed through July 1, 2024
(A) The following standard is mandatory:
(1) Admission to detention and release shall
			 be pursuant to and in accordance with the laws of arrest and / or in accordance
			 to a court order.
(2) Written
			 policy, procedure, and practice that newly admitted children receive written
			 orientation materials and/or translation in their own language if they have
			 limited English proficiency. When a literacy problem exists, a staff member
			 shall assist the child in understanding the material. Completion of orientation
			 is documented by a statement signed and dated by the child.
(3)
									A written policy,
			 procedure, and practice that newly admitted children receive an initial mental
			 health screening. The facility's policy will include response to ensure the
			 health and welfare of the youth are being met.
(4)
									Written policy
			 and procedure shall require that upon admission, each child shall be provided
			 written orientation material which explains, behavior expectations, privileges,
			 rights and responsibilities, the contents of the Prison Rape Elimination Act of
			 2003 and how to access medical services and disaster procedures while a
			 resident of the center.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-18 - Program

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 standards are mandatory:
(1) Children are not
			 permitted to perform any work prohibited by state and federal regulations and
			 statutes pertaining to child labor.
(2) Academic programs in detention facilities
			 are designed to assist detained children in keeping current with their studies
			 and are available at a minimum amount of time per school calendar day as
			 required by Ohio department of education standards. Restriction of educational
			 programs can be approved only by the detention center
			 director/designee.
(3) All academic
			 teachers are licensed by the Ohio department of education.
(4) Vocational supervisors and instructors
			 are licensed or accredited by the state or jurisdiction in which the detention
			 center is located.
(5) Written
			 policy and procedure provide a recreational and leisure time plan that
			 includes, at a minimum, at least one hour per day of organized group large
			 muscle activity, and one hour of structured leisure time activity.
(6) Written policy and procedure require that
			 the center shall provide reasonable access to religious programs. No negative
			 consequences will accrue from a child's refusal to participate in a religious
			 service or religious function. All religions will be afforded equal status and
			 protection, subject to the limitations necessary to maintain order and
			 security.
(7)
									The detention center provides or makes available the
			 following minimum services and programs to all children admitted:
(a)
										Education;
(b)
										Recreation and
			 exercise;
(c)
										Religious programming;
(d)
										Structured
			 leisure activities;
(e)
										Other types of programming (for example aggression
			 replacement training, behavioral health treatment, life skills, or
			 counseling).
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-19 - Visitation and communications

Current through all regulations passed and filed through July 1, 2024
(A) The following standards will be
			 mandatory:
(1) Each detention center shall
			 have a written policy and procedure governing visitation that fosters family
			 contact.
(2) Provisions shall be
			 made for the residents or staff on behalf of the children to call, not collect,
			 or visit with their attorney of record or their representative at any
			 reasonable time except for documented reasons of safety and security and may
			 only then be temporarily denied upon authorization of the director. Attorney
			 calls or visits will not be monitored and take place in a confidential setting
			 but will be documented.
(3)
			 Visitation dates, times and practices shall be in writing, and shall be made
			 readily available to all children, parents, legal guardians, custodians and
			 attorneys. Visitation shall include visits from the child's parents, legal
			 guardians, custodians and attorneys.
(4) Each detention center shall have a
			 written policy and procedure governing the handling of resident's
			 mail.
(5) Each detention center
			 shall have a written policy and procedure that governs access to telephone
			 communications.
(6) A child must be
			 informed of the right to telephone their parents and attorney during the intake
			 process.
(7) The child may receive
			 special visits at reasonable times by adult family members, the child's
			 biological child or children, clergy, teachers or other individuals with the
			 prior approval of the detention center director / designee.
(8) Prior to visitation, children shall be
			 notified who is there to visit. Children have the privilege of refusing to see
			 any particular visitor and end any visit at any time. These refusals shall be
			 documented and placed in the child's record.
(9)
									Written policy
			 and procedure specify that visitors register upon entry into the detention
			 center and specify the circumstances under which visitors are
			 searched.
(10)
									Incoming mail may be checked for
			 contraband.
(11)
									The detention center will provide postage for residents
			 to correspond with their attorney of record.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-02 - Responsibilities of the department

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				07/31/2017 and
				07/31/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 5139.04(D)
Rule Amplifies:
				5139.34,
				5139.36,
				5139.41,
				5139.43,
				5139.44
Prior
				Effective Dates: 8/1/97, 10/25/02,
				2/17/06
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-03 - Responsibilities of the county

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-06 - Audit requirements and record retention

Current through all regulations passed and filed through July 1, 2024
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;
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-07 - Reconciliation

Current through all regulations passed and filed through July 1, 2024
(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.
Five Year Review (FYR) Dates:
				07/31/2017 and
				07/31/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 5139.04(D)
Rule Amplifies:
				5139.34,
				5139.36,
				5139.41,
				5139.43,
				5139.44
Prior
				Effective Dates: 8/1/97, 10/25/02,
				2/17/06
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-08 - Internal control

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				07/31/2017 and
				07/31/2022
Promulgated
				Under: 119.03
Statutory
				Authority: 5139.04(D)
Rule Amplifies:
				5139.34,
				5139.36,
				5139.41,
				5139.43,
				5139.44
Prior
				Effective Dates: 8/1/97, 10/25/02
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-09 - Responsibilities of the advisory committee

Current through all regulations passed and filed through July 1, 2024
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;
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-67 - Grant Funding for Youth Services and Facilities › Section 5139-67-10 - Withholding and reallocation of funds

Current through all regulations passed and filed through July 1, 2024
(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;
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-02 - Disposition investigation report and transfer of physical custody

Current through all regulations passed and filed through July 1, 2024
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 mental retardation, 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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-03 - Release expectations

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-05 - Expedited release reviews

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-06 - Special release reviews

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-07 - Appeal of release review

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-08 - Long term youth semi-annual reviews

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-09 - Revocation reviews

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-10 - Discharge reviews

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-11 - Release authority information and education program

Current through all regulations passed and filed through July 1, 2024
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.
Effective: 10/20/2014
Five Year
				Review (FYR) Dates: 10/20/2019
Promulgated Under: 111.15
Statutory Authority:
				5139.04
Rule Amplifies:
				5139.50
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-68 - Release and Discharge Procedures › Section 5139-68-12 - Constructive journalization

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-69 - Juvenile Sex Offender Treatment Program › Section 5139-69-01 - Creation of a youth with problematic sexual behavior treatment program certification advisory board

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-70 - Registration of Non-Profit Faith-Based Organizations › Section 5139-70-01 - Registration of nonprofit faith-based, business, professional, civic, educational, and community organizations

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-01 - Medicaid medical necessity: definitions and principles

Current through all regulations passed and filed through July 1, 2024
(A) Medical necessity for individuals covered
			 by early and periodic screening, diagnosis and treatment (EPSDT) is
			 
								criteria
			 of coverage for procedures, items, or services that prevent, diagnose,
			 evaluate, correct, ameliorate, or treat an adverse health condition such as an
			 illness, injury, disease or its symptoms, emotional or behavioral dysfunction,
			 intellectual deficit, cognitive impairment, or developmental
			 disability.
(B) Medical necessity
			 for individuals not covered by EPSDT is 
								criteria of coverage for procedures,
			 items, or services that prevent, diagnose, evaluate, or treat an adverse health
			 condition such as an illness, injury, disease or its symptoms, emotional or
			 behavioral dysfunction, intellectual deficit, cognitive impairment, or
			 developmental disability and without which the person can be expected to suffer
			 prolonged, increased or new morbidity; impairment of function; dysfunction of a
			 body organ or part; or significant pain and discomfort.
(C) Conditions of medical necessity
			 for a procedure, item, or service are met if all
			 the following apply:
(1)
									It
									meets generally accepted standards of medical
			 practice;
(2)
									It is
									clinically
			 appropriate in its type, frequency, extent, duration, and delivery
			 setting;
(3)
									It is
									appropriate to the adverse health condition for which
			 it is provided and is expected to produce the desired outcome;
(4)
									It
									is the
			 lowest cost alternative that effectively addresses and treats the medical
			 problem;
(5)
									It
									provides
			 unique, essential, and appropriate information if it is used for diagnostic
			 purposes; and
(6)
									It is
									not provided primarily for the economic benefit of the
			 provider nor for the sole convenience of the
			 provider or anyone else other than the recipient.
Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-02 - General reimbursement principles

Current through all regulations passed and filed through July 1, 2024
This rule describes general principles
				regarding reimbursement of services by medicaid. Reimbursement may be subject
				to additional administrative criteria as described in agency 5160 of the
				Administrative Code.
(A)
								A medical service is reimbursable if:
(1)
									The service is
			 determined medically necessary as defined in rule
			 5160-1-01
			 of the Administrative Code.
(2)
									The service is
			 agreed to by the medicaid-covered individual or the medicaid-covered
			 individual's authorized representative.
(3)
									The service is
			 rendered to a medicaid-covered individual as defined in division 5160:1 of the
			 Administrative Code.
(4)
									The service is provided within the limits of the
			 medicaid-covered individual's medicaid benefit package.
(5)
									The service is
			 provided within the scope of practice of the rendering provider as defined by
			 applicable federal, state, and local laws and regulations.
(6)
									The service is
			 rendered by a provider assigned to or selected by the medicaid-covered
			 individual or medicaid-covered individual's authorized representative, with the
			 exception of medicaid-covered individuals enrolled in the coordinated services
			 program as defined in Chapter 5160-20 of the Administrative
			 Code.
(7)
									The service is rendered by an eligible provider or
			 panel provider for managed care plan participating provider.
Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-05.1 - Payment for "Medicare Part C" cost sharing

Current through all regulations passed and filed through July 1, 2024
(A)
								For qualified
			 medicare beneficiaries and medicaid recipients enrolled in medicare part C
			 managed health care plans (medicare advantage plans) the department will pay as
			 cost sharing the lesser of the following amounts:
(1)
									The provider's
			 billed charges for the service (except for hospital and nursing facility
			 services); or
(2)
									The deductible, coinsurance and co-payment amount as
			 provided by the medicare part C plan; or
(3)
									The difference
			 between the medicare part C plan's payment to a provider for a service or
			 services identified and the medicaid maximum allowable reimbursement rate for
			 the same identified service or services; or
(4)
									The medicaid
			 liability for the cost sharing if the service had been rendered under medicare
			 part A or part B (calculated as twenty-five per cent of the medicare maximum
			 allowed amount).
Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-05.3 - Payment for "Medicare Part B" cost sharing

Current through all regulations passed and filed through July 1, 2024
(A) The reimbursement methodology set forth
			 in paragraph (B) of this rule is limited to medicare part B services that meet
			 all of the following criteria:
(1) Are not
			 hospital services defined in accordance with Chapter 5160-2 of the
			 Administrative Code;
(2) Are not
			 nursing facility services included in the nursing facility per diem as defined
			 in accordance with Chapter 5160-3 of the Administrative Code;
(3) Are covered as supplemental medical
			 insurance benefits under the medicare program; and
(4) Are provided to dual eligibles, defined
			 in accordance with paragraph (A)(6) of rule
			 5160-1-05
			 of the Administrative Code, who elect to receive their medicare part B benefits
			 through the original medicare program.
Ohio Administrative Code › Title 5160 - Ohio Department of Medicaid › Chapter 5160-1 - General Provisions › Section 5160-1-06.1 - Home and community-based service waivers: PASSPORT

Current through all regulations passed and filed through July 1, 2024
(A) The Ohio
			 department of aging (ODA) is responsible for the daily administration of the
			 preadmission screening system providing options and resources today (PASSPORT)
			 medicaid waiver program. ODA will administer the waiver pursuant to an
			 interagency agreement with the Ohio department of medicaid in accordance with
			 section 5162.35 of the Revised
			 Code.
(B) The PASSPORT waiver
			 provides home and community based services (HCBS) to individuals enrolled in
			 the waiver in accordance with rule
			 5160-31-04 of the Administrative
			 Code.
(C) The PASSPORT HCBS waiver
			 covered services and eligibility requirements are set forth in Chapter 5160-31
			 of the Administrative Code.
(D) The
			 maximum allowable payment rates for PASSPORT HCBS waiver program services are
			 listed in appendix A to this rule.
(E) PASSPORT HCBS payment will be provided in
			 accordance with paragraphs (A) to (C) of rule
			 5160-1-60 of the Administrative
			 Code.
Click to
				view Appendix