Section 5101:2-42-19.1 - Requirements for independent living arrangements for independent living youth in custody(A) The public children services agency (PCSA) or private child placing agency (PCPA) may place a youth in its custody who is at least sixteen years of age in an independent living arrangement, when appropriate. For youth under the age of eighteen, the placement is to be a supervised or semi-supervised independent living setting. The PCPA making such arrangements is to be certified by the Ohio department of children and youth (DCY) pursuant to rule 5101:2-5-03 of the Administrative Code.(B) The PCSA or PCPA is to develop written criteria when considering the appropriateness of an independent living arrangement for the youth in its custody.(C) The PCSA may utilize independent living funding, as outlined in rules 5101:9-6-35 and 5101:9-6-08.6 of the Administrative Code, to support services provided by the independent living arrangement. The services provided are to meet the requirements outlined in rule 5101:2-42-19 of the Administrative Code.(D) The PCSA or PCPA is to assure that a youth's independent living arrangement meets the following standards:(1) All associated structures are maintained in a safe state of repair and inspected annually by a certified fire inspector or the state fire marshal.(2) The dwelling is safely and adequately heated, lighted and ventilated. Unvented kerosene heaters are not be used, unless the heater has been approved by "Underwriter's Laboratory (www.ul.com)."(3) Firearms or other projectile weapons and ammunition are not on the premises.(4) An operating telephone is accessible.(5) The bathroom and toilet facilities are located within the building, connected to an indoor plumbing system and are operable.(6) Garbage is disposed of on a regular basis and outside garbage is stored in covered containers or closed bags.(7) Operable smoke alarms approved by "Underwriter's Laboratory" are on each level of occupancy.(8) A portable chemical fire extinguisher is maintained in the cooking area and is operable.(9) A written emergency procedure is in place that ensures the youth will have twenty-four hour access to staff familiar with his or her situation.(10) No more than five youth reside in the home. Each youth is to be provided with a bed of his or her own with no more than two youth to a bedroom.(E) The PCSA or PCPA is to follow procedures outlined in rule 5101:2-42-65 of the Administrative Code for visitation.(F) Nothing in this rule is to preclude an agency from using additional site, safety, and supervision requirements for independent living arrangements.Ohio Admin. Code 5101:2-42-19.1
Effective: 12/30/2024
Five Year Review (FYR) Dates: 10/4/2024 and 12/30/2029
Promulgated Under: 119.03
Statutory Authority: 5153.166, 5103.03, 5101.141
Rule Amplifies: 5101.141, 5103.03, 5153.16
Prior Effective Dates: 10/01/1989, 01/01/1991, 10/01/1997, 11/12/2002, 10/09/2006, 11/09/2009, 12/01/2018