Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-01 - Definitions

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