reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-16 - 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) All academic teachers are certified by
			 the Ohio department of education and residents shall receive at a
			 minimum 5.5 hours of educational programming.
(3) 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.
(4) Provide one hour of
			 large muscle recreational activities daily.
(5) 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.
(6) The child's service
			 plan shall, at a minimum, contain:
(a) A
			 statement of goals and objectives that the placement is designed to
			 achieve,
(b) A statement of the
			 time frame projected for meeting the placement goals and objectives,
(c) 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,
(d) Specification
			 of any specialized services that will be provided or arranged,
(e) Specification of progress reports which
			 are to be provided monthly to the agency which place the child.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-17 - Visiting and communications

Current through all regulations passed and filed through July 1, 2024
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 service plan. Visits shall be supervised in accordance with
			 the service plan.
(C) A CRC shall,
			 in accordance with the service 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
			 service 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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-18 - Juvenile rights

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-19 - Control and treatment of children

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-35 - Community Residential Centers › Section 5139-35-20 - Evaluation and data collection

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-02 - Administration of community corrections facilities: responsibilities of the department

Current through all regulations passed and filed through July 1, 2024
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 nonapproval 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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-03 - Administration of community corrections facilities: responsibilities of the grantee

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-04 - Non-approval appeal process

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-07 - Audit process

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-08 - Administration and management

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-09 - Personnel

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-10 - Training and staff development

Current through all regulations passed and filed through July 1, 2024
(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 fulltime, 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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-11 - Citizen and volunteer involvement

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-12 - Records

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-13 - Physical plant

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-14 - Safety and emergency procedures

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-15 - Security and control

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-16 - Food service

Current through all regulations passed and filed through July 1, 2024
(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
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-17 - Admissions and discharge

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-18 - Medical and health care services

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-20 - Visiting and communications

Current through all regulations passed and filed through July 1, 2024
(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)
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-21 - Juvenile rights, control and treatment

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-36 - Community Corrections Facility › Section 5139-36-22 - Evaluation and data collection

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-02 - Approval process

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-03 - Administration, organization and management

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-04 - Fiscal management

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-06 - Training and staff development

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-07 - Juvenile records

Current through all regulations passed and filed through July 1, 2024
(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;
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-08 - Physical plant

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-09 - New plants

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-11 - Security and control

Current through all regulations passed and filed through July 1, 2024
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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-12 - Food service

Current through all regulations passed and filed through July 1, 2024
(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.
Ohio Administrative Code › Title 5139 - Department of Youth Services › Chapter 5139-37 - Detention Centers › Section 5139-37-13 - Hygiene

Current through all regulations passed and filed through July 1, 2024
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.
Five Year Review (FYR) Dates:
				11/14/2018 and
				11/14/2023
Promulgated
				Under: 111.15
Statutory
				Authority: 5139.04
Rule
				Amplifies: 5139.04,
				5139.281
Prior
				Effective Dates: 12/11/1988, 11/03/2004, 01/30/2009, 03/21/2016,
				07/11/2016