Ohio Admin. Code 5139-37-07

Current through all regulations passed and filed through October 28, 2024

Section 5139-37-07 - Juvenile records

(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;

(2) The admittance record is maintained as part of a file secured within the detention center, separated according to an established format and safeguarded from inappropriate disclosures, theft, loss or destruction.

(a) The detention file includes at a minimum the following information:

(i) Initial intake information;

(ii) Documented legal authority to accept juveniles;

(iii) Inventory of a child's property

(iv) Documentation of temporary absences from the detention center, if any;

(v) Final discharge or transfer report;

(b) The medical file will include the following information when available:

(i) Record of medical examination;

(ii) Assessment, including medical history;

(iii) Suicide assessment

(iv) Mental health screening, initial and follow up.

(c) The detention file will include the following information when available:

(i) Grievance and disciplinary record;

(ii) Phone call(s): name of person called, date of call;

(iii) Visit(s): name of visitor, date of visit;

(iv) Reports initiated by detention center personnel to include incident reports and staff alerts;

(v) Signed release-of-information forms;

(vi) Individual service plans;

(vii) Progress reports;

(viii) Case history / social history;

(ix) Pre-sentence investigation;

(d) The following standard is recommended:

A recent photograph.

(3) All records are maintained according to each detention center's record retention policy and all applicable state law.

(4) Juvenile records / files may be subject to confidentiality by statute and/or local court rules. Requests for juvenile records should be submitted to the court of competent jurisdiction.

(B) Reserved.

Ohio Admin. Code 5139-37-07

Effective: 2/1/2024
Five Year Review (FYR) Dates: 11/14/2023 and 02/01/2029
Promulgated Under: 111.15
Statutory Authority: 5139.04
Rule Amplifies: 5139.281
Prior Effective Dates: 12/11/1988, 01/30/2009, 02/07/2014, 03/21/2016, 02/01/2019