5101:2-9-21 Disciplinary policy and procedures.

EFFECTIVE DATE: September 1, 2002.

Most current prior effective date: September 18, 1996.

(A)      Disciplinary policy and procedures of a residential facility shall be explained to each child or teenage mother , all staff, and a copy made available to persons or agencies who desire to place children or teenage mothers in the children's residential center (CRC), group home or residential parenting facility.


(B)      The CRC, group home or residential parenting facility disciplinary policy and procedures required pursuant to rule 5101:2-5-13 of the Administrative Code shall be humane, instructive and shall be administered with fairness, consistency and respect and regardless of the child's race, sex, religion or cultural heritage. The policy and procedures shall prohibit all cruel and unusual punishments/practices including, but not limited to:

(1)      Physical punishment such as spanking, punching, paddling, shaking, biting , hair pulling, pinching, physical hitting inflicted in any manner upon the body or roughly handling a child or teenage mother .


(2)      Physically strenuous work or exercises, when used solely as a means of punishment.


(3)      Forcing a child or teenage mother to maintain an uncomfortable position, or to continuously repeat physical movements when used solely as a means of punishment.


(4)      Group punishments for the behavior of an individual.


(5)      Verbal abuse, including swearing, directed at a child or teenage mother or derogatory remarks about a child's or teenage mother's family, race, 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 seven consecutive days without prior written approval of the facility administrator.


(7)      The denial of social, mental health or casework services, medical treatment, educational services or access to the guardian ad litem or attorney.


(8)      The deprivation of meals.


(9)      The use or denial of any medication as a punishment.


(10)      The denial of visitation or communication rights with a child or teenage mother's child's family as a means of punishment.


(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.


(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 room used as punishment.


(18)      Separation of a teenage mother and her child in a residential parenting facility as a means of punishment.

(C)      Discipline shall be administered only by persons who are administrators or employees with direct care responsibilities of the CRC, group home or residential parenting facility. Children or teenage mothers shall not discipline other children, except their own.


(D)      If the CRC, group home or a residential parenting facility places any restrictions upon the child or teenage mother's a child's rights for more than two hours , the CRC, group home or residential parenting facility shall:

(1)      Inform the child or teenage mother and the child's custodian of the conditions of and the reasons for the restriction or termination of rights;


(2)      Place a written report summarizing the conditions of and reasons for the restriction or termination of the child's or teenage mother's rights in that child's or teenage mother's record pursuant to rule 5101:2-5-10 of the Administrative Code;


(3)      When a restriction of a child's or teenage mother's rights affects another individual, inform the individual, as appropriate, of the conditions of and reasons for the action;


(4)      Document review of this decision at least weekly. Any such restriction shall be included in the service plan and approved by the child's custodian .

Effective: September 1, 2002

R.C. 119.032 review dates: 9/1/2007

Certification: Certified Electronically

Date: 6/28/2002

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: December 30, 1966, October 1, 1986, January 1, 1991, September 18, 1996.