Ohio Admin. Code 5139-37-16

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

Section 5139-37-16 - Behavior management of children

The following standards are mandatory:

(A) Written policy and procedure require that behavior management program include all acts that are prohibited within the facility, sanctions that can be imposed for various degrees of violation, and system of reinforcing positive behavior. When a literacy or language problem prevents a child from understanding the rules, a staff member or translator will assist the child in understanding the rules. The written rules are reviewed annually and updated, if necessary.

(B) Written policy and procedure require that within a reasonable length of time, depending on child's demeanor and behavior, the child has the cause for any disciplinary action explained to him/her and has an opportunity to explain the behavior leading to disciplinary action.

(C) Written policy and procedure allow the facility to utilize "time out" for a brief removal of a child from general population to a separate area where egress is not blocked.

(D) Written policy and procedure shall require the employees prepare a disciplinary report when a child has committed a violation of detention center facility rules.

(E) Written policy and procedure shall outline the use of room confinement, medical isolation, and self-confinement:

(1) Room confinement shall not be used for punishment, administrative convenience, retaliation, staffing shortages absent exigent circumstances, or reasons other than a temporary response to behavior that threatens immediate harm to a child or others.

(2) Room confinement does not include normal sleeping hours or for brief periods of transitions, such as shift changes. Medical isolation and self-confinement are not considered room confinement.

(3) Written policy and procedure require that children who are in room confinement including those in medical isolation and self-confinement be observed at least every fifteen minutes and that verification of contact shall be documented.

(4) Written policy and procedure require children in the general population be supervised by direct care staff and regulate the movement of children.

(5) Children are observed, at a minimum, every thirty minutes during sleeping hours. The verification of the contact shall be documented.

(6) Written policy and procedures require that the detention center director or designee shall review room confinement at a minimum of every four hours, and shall document the continued need for room confinement.

(7) For children who are in self confinement, staff shall attempt to engage the child in programming at least every shift and attempt to determine the reason that the child is in self confinement and if that reason can be resolved.

(8) For a child on medical isolation, the child shall be placed on and removed from isolation by the health authority.

(F) Written policy and procedure provide for review of all disciplinary reports by the detention center director administrator or his/her designee to assure conformity with policies and procedures.

(G) Written policy and procedure ensure that a child shall have a right to a review of disciplinary actions by a supervisory or administrative staff member who has not been a party to the disciplinary action.

Ohio Admin. Code 5139-37-16

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, 03/21/2016, 07/11/2016, 02/01/2019