Ohio Administrative Code › Title 5101:2 - Division of Social Services › Chapter 5101:2-9 - Children's Residential Centers, Group Homes, and Residential Parenting Facilities › Section 5101:2-9-21 - Residential care, supervision and discipline

Current through all regulations passed and filed through July 1, 2024
(A) Disciplinary procedures of a residential
			 facility shall be explained to all staff and each child according to their age
			 and functioning level. A copy of the disciplinary procedures shall be made
			 available to persons or agencies who desire to place children in the
			 facility.
(B) The residential
			 facility disciplinary procedures shall be humane, instructive and shall be
			 administered with fairness, consistency and respect and regardless of the
			 child's race, sex, gender identity, sexual orientation, disability, religion or
			 cultural heritage. All cruel and unusual punishments/practices are prohibited
			 including, but not limited to:
(1) Physical
			 punishment such as spanking, punching, paddling, shaking, biting, spitting,
			 hair pulling, pinching, pushing, physical hitting inflicted in any manner upon
			 the body or roughly handling a child.
(2) Physically strenuous work or exercises,
			 when used as a means of punishment, consequence or discipline.
(3) Forcing a child to maintain an
			 uncomfortable position, or to continuously repeat physical movements when used
			 as a means of punishment, consequence or discipline.
(4) Group punishments for the behavior of an
			 individual. A group activity shall not be cancelled for the entire group, prior
			 to the activity, due to the behavior of one or more individuals.
(5) Verbal abuse, including swearing,
			 directed at a child or derogatory remarks about a child's family, race, gender
			 identity, sexual orientation, disability, religion, or cultural background or
			 threats of physical violence against the child or removal of the child from the
			 facility.
(6) Denial of social or
			 recreational activities for more than five consecutive days without prior
			 written approval of the facility administrator or designee and a certified or
			 licensed practitioner of behavioral science.
(7) The denial of social, mental health or
			 casework services, medical treatment, educational services or access to their
			 guardian ad litem or attorney, probation officer, court appointed special
			 advocate, placement worker or caseworker.
(8) The deprivation of meals or any required
			 snack.
(9) The use or denial of any
			 medication as a punishment or discipline.
(10) The denial of visitation or
			 communication rights with a child's family as a means of punishment or
			 discipline.
(11) The denial of
			 sleep.
(12) The denial of shelter,
			 clothing, bedding, or restroom facilities.
(13) The use of physical restraint as a means
			 of punishment or discipline.
(14)
			 Organized social ostracism such as codes of silence.
(15) The use of chemical restraint.
(16) The use of mechanical
			 restraint.
(17) Isolation in a
			 locked or unlocked room used as punishment.
(18) Separation of a teenage mother and her
			 child in a residential parenting facility as a means of punishment.
(19) The use of prone restraints. Prone
			 restraint is defined as 
									a method of
			 intervention where a person's face and/or frontal part of his or her body is
			 placed in a downward position touching any survace for any time. Prone
			 restraint includes physical or mechanical restraint.
(20) Time out exceeding one minute for each
			 year of the child's age, unless approval is granted by a certified or licensed
			 practitioner of behavioral science and documented in the child's service
			 plan.
(21) Punishment for actions
			 over which the child has no control such as bedwetting, enuresis, encopresis or
			 incidents that occur in the course of toilet training activities.