Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A) The following
			 are definitions used in this chapter.
Bureau of criminal identification and investigation: the office
				of the attorney general that conducts background checks, receives and files
				fingerprints, photographs and other information pertaining to arrested felons
				and advises arresting officials of the facts pertaining to previous arrests or
				convictions.
Chemical or medical restraint: a form of medical restraint in
				which a drug is used to sedate or restrict the freedom of movement of children.
				The medication used is not part of the child's normal medical treatment.
Child: an individual under the jurisdiction of the juvenile
				court up to the age of twenty-one. As defined in division (C) of section
				2152.02 of the Revised
				Code.
Contraband: any item possessed by a confined juvenile or found
				that is illegal by law or expressly prohibited by those legally charged with
				the administration and operation of the facility or program.
Caustic materials: corrosive substances that can destroy or eat
				away by chemical reaction (e.g. lye, caustic soda, sulfuric acid).
Chemical agent: any chemical spray, gas, or powder used to
				temporarily incapacitate a person, including oleoresin capsicum (pepper spray),
				tear gas, and 2-chlorobenzalonitrite gas.
Department: the Ohio department of youth services.
Detention center: a facility established under section
				2152.41 of the Revised Code for
				the care and temporary confinement of children, as defined in division (C) of
				section 2152.02 of the Revised Code
				under the jurisdiction of the juvenile court, alleged to be delinquent, or who
				are pending court adjudication, or disposition or as a result of a juvenile
				sentence for a defined term.
Detention director: interchangeable with the title
				superintendent, the on site final administrative authority at a detention
				center.
Direct care staff: staff who are responsible and trained to
				provide in-person supervision of and interaction with children in housing
				units, recreational areas, dining areas, and other programs areas of the
				facility.
Emergency: any significant disruption of normal facility or
				agency procedure, policy or activity caused by a riot, escape, fire, natural or
				man-made disaster, employee actions, self-injurious or suicidal behavior, or
				other serious incident.
Emergency care: care for an acute illness or unexpected health
				care need that cannot be deferred until the next scheduled sick call.
Emergency plans: written documentation that address specific
				actions to be taken in an institutional emergency or catastrophe such as a
				fire, flood, riot, or other major disruption.
Exigent circumstances: An emergency situation that calls for
				immediate action in order to combat a threat to the security of institutional
				order of a facility including but not limited to inadequate staffing levels,
				escape, or other unforseen circumstances.
Grievance: a complaint or formal notice of a circumstance or
				action considered to be unjust and grounds for complaint.
Health authority: the individual, government health agency, or
				health care contractor responsible for the facility's health care services,
				including arrangements for all levels of health and/or mental health care and
				the ensuring of quality of, and accessibility to health and/or mental health
				services. The health authority is led by licensed physician or physicians who,
				virtue of education, experience and certification, are capable of assuming
				responsibility for arranging and ensuring the quality of health and mental
				health services.
Health care: the sum of all actions taken, preventive and
				therapeutic, to provide for the physical and mental well-being of a population.
				Includes access to medical and dental services, mental health services,
				nursing, personal hygiene, dietary services, and environmental
				conditions.
Magnetometer: an instrument for detecting the presence of
				ferrous or magnetic materials, esp. one used to detect concealed
				weapons.
Mandatory standard: describes minimal professional standards
				that address conditions of confinement.
Ohio Administrative Code: codified administrative rules,
				adopted by an administrative agency pursuant to authority granted by the
				general assembly to carry out the policies and intent of a statute enacted by
				the general assembly.
Ohio Revised Code: all statues of a permanent and general
				nature of the state as revised and consolidated into general provision, titles,
				chapters, and sections shall be known and designated as the "Revised Code," for
				which designation "R.C." may be substituted.
Orientation and pre-service training: the process following the
				initial hiring process by which a newly hired employee is informed about the
				facility, of his/her employment, and the facility programs, policies,
				procedures, and expectations.
PCSA: public children services agency: the children's services
				board or a county department of human services that has assumed the
				administration of the children's services function prescribed by Chapter 5153.
				of the Revised Code.
PCPA: private child placing agency - any association, as
				defined in section 5103.02 of the Revised Code that
				is certified pursuant to sections
				5103.03 to
				5103.05 of the Revised Code to
				accept temporary, permanent, or legal custody of children and place the
				children for either foster care or adoption.
Physical force: physical contact between staff and child to
				protect the child from harming himself, herself, or others, to stop a child who
				presents danger of escape, or property destruction that involves threat to the
				child's safety or the safety of others in accordance with policy and
				procedures.
PNA: private non-custodial agency: an agency defined in
				division (A)(4) of section
				2151.011 of the Revised
				Code.
PREA: Prison Rape Elimination Act: as codified in
				42 USC Chapter 147, Sections
				15601 et. seq (September 4, 2003).
Recommended standard: describes what are considered generally
				accepted practices for detention centers.
Status offender: a child charged with a violation of a law or
				municipal ordinance that would not be a criminal offense if committed by an
				adult. Examples would be truancy or unruly offenses.
Searches:
Frisk search: a routine search of a juvenile's person, which
				involves physical contact with the juvenile's outer clothing. The juvenile is
				not required to remove clothing, with the exception of shoes, hat, and/or
				jacket.
Hygiene search: an over all inspection of the skin and hair of
				a person to look for communicable diseases, parasitic infestations or signs of
				abuse, or contraband.
Strip search: an inspection of the genitalia, buttocks,
				breasts, or undergarments of a person that is preceded by the removal or
				rearrangement of some or all of the person's clothing that directly covers the
				person's genitalia, buttocks, breasts, or undergarments.
Body cavity search: an inspection of the anal or vaginal cavity
				of a person that is conducted visually or manually, by means of any instrument,
				apparatus, or object, or any other manner. (section
				2933.32 of the Revised
				Code)
Room confinement: the involuntary restriction of a child in a
				cell, room or other area identified by the detention director or designee where
				egress is blocked and the child is separated from the general population as a
				temporary response to behavior that threatens immediate harm to a child or
				others.
Medical isolation: the separation of a child from the general
				population due to medical concerns or as ordered by the medical health
				authority.
Self confinement: a voluntary request by the child to remain or
				be placed in a cell or room where egress is blocked.
Qualified medical professional: an individual licensed to
				provide medical services in accordance with state law and who has adequate
				education, training and experience to perform the duties required in accordance
				with professional standards.
Time out: a brief removal of a child from general population
				and into a separate area where egress is not blocked.
Toxic materials: substances that through chemical reaction or
				mixture can produce possible injury or harm to the body by entering through the
				skin, digestive tract, or respiratory tract (e.g., zinc, chromed paint,
				ammonia, chlorine, antifreeze, herbicides, pesticides).
Training: an organized, planned, and evaluated activity
				designed to achieve specific learning objectives. Training may occur on-site at
				any academy or training center, at an institution of higher learning, at
				national, state, and local training conferences / seminars, through contract
				service at professional meetings, or through closely supervised on-the-job
				training. Meetings of professional associations are considered training when
				there is clear evidence of any of the above elements.
Verbal strategies: verbal de-escalation techniques designed to
				redirect a child's behavior.