(A) The following standards are mandatory:
(1) Policy and procedure shall require that a constant ratio of twelve children to one child-care worker be maintained and that a female child-care worker be on duty at all times when female residents are detained. A ratio of twenty-five children to one child-care staff member shall be required for sleeping hours.
(2) An agency shall request the bureau of criminal identification and investigation (BCII) to conduct a criminal records check with respect to any prospective employee who has applied to the agency for appointment or employment.
(3) The agency shall inform each prospective employee at the time of initial application, that as a precondition to being approved for that position:
(a) The person is required to complete the BCII prescribed criminal records check form and provide a set of fingerprint impressions; and
(b) A criminal records check is required to be conducted by BCII and, except as provided in paragraph (A)(19) of this rule, satisfactorily completed if the prospective employee comes under final consideration for appointment or employment.
(4) The agency shall provide each person listed in paragraph (A)(2) of this rule with a copy of the BCII prescribed criminal records check form and a BCII standard impression sheet to obtain fingerprint impressions.
(5) Any person listed in paragraph (A)(2) of this rule who receives a copy of the BCII prescribed criminal records check form and a BCII standard impression sheet and who is requested by the agency to complete the form and provide a set of fingerprints impressions shall:
(a) Complete the form or provide all the information necessary to complete the form;
(b) Provide the impression sheet with the impressions of the person's fingerprints; and
(c) Submit the completed form and the impression sheet to the agency.
(6) If a prospective employee seeking appointment or employment by an agency fails to provide the information necessary to complete the form or fails to provide fingerprint impressions, the prospective employee shall not be employed by the agency.
(7) The agency shall obtain the completed form and fingerprint impression sheet from each person listed in paragraph (A)(2) of this rule and forward the form and fingerprint impression sheet to BCII at the time the agency requests a criminal records check.
(8) The agency shall request that BCII obtain information from the federal bureau of investigation (FBI) as a part of the criminal records check for the person if:
(a) The person does not present proof of residency in Ohio for the five-year period immediately prior to the date upon which the criminal records check is requested; or
(9) The agency may request that BCII include information from the FBI in the criminal records check if the person presents proof of residency in Ohio for that five-year period.
(10) The agency shall pay to BCII the fee prescribed pursuant to division (C)(3) of section 109.572 of the Revised Code for each criminal records check conducted.
(11) The agency may charge a prospective employee a fee for the costs incurred in obtaining a criminal records check. A fee charged by the agency shall not exceed the fee paid by the agency to BCII. If a fee is charged, the agency shall notify the person at the time of initial application of the amount of the fee and that, unless the fee is paid, the person will not be considered for employment.
(12) The report of any criminal records check conducted by BCII in accordance with section 109.572 of the Revised Code and pursuant to a request made by the agency is not a public record. The report shall be made available only to the following persons:
(a) The person who is the subject of the criminal records check or the person's representative.
(b) The agency requesting the criminal records check or its representative.
(c) Any court, hearing officer, or other necessary individual involved in a case dealing with the denial of employment, approval or certification to the person.
(d) ODYS employees as required for approval, inspection or monitoring purposes.
(13) Reports from BCII or any other local, state, or federal agency regarding a person's criminal record are valid for a period of one year from the date of the report.
(14) An agency shall document that any person hired after October 29, 1993 as administrator, child care staff, caseworker, or in any other position responsible for a child's care in out-of-home care shall not have been convicted of or pleaded guilty to any of the offenses listed in paragraph (A)(15)(a) of this rule except as provided in paragraph (A)(16) of this rule.
(15) Except as provided in paragraph (A)(16) of this rule, an agency shall not, as of October 29, 1993, hire a prospective employee as administrator, child care staff, caseworker, or in any other position responsible for a child's care in out-of-home-care if the person has been convicted of or pleaded guilty to any of the following offenses:
(a) A violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, a violation of section 2919.23 of the Revised Code that would have been a violation of section 2905.04 of the Revised Code as it existed prior to July 1, 1996, had the violation been committed prior to that date, a violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, or felonious sexual penetration in violation of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state that is substantially equivalent to any of the offenses listed in paragraph (A)(15)(a) of this rule.
(16) A prospective employee convicted of or who has pleaded guilty to an offense listed in paragraph (A)(15)(a) of this rule may be hired by an agency as an administrator, child care staff or caseworker, or in any other position responsible for a child's care in out-of-home care only if the following conditions have been met:
(a) Where the offense was a misdemeanor, or would have been a misdemeanor if conviction had occurred under the current criminal code, at least three years have elapsed from the date the prospective employee was fully discharged from any imprisonment or probation arising from the conviction. A prospective employee who has had a misdemeanor record of conviction sealed by a court pursuant to section 2953.32 of the Revised Code shall be considered to have met this condition.
(b) Where the offense was a felony, at least ten years have elapsed since the person was fully discharged from imprisonment or probation.
(c) The victim of the offense was not one of the following:
(1) A person under the age of eighteen.
(2) A functionally impaired person as defined in division (A) of section 2901.10 of the Revised Code.
(3) A mentally retarded person as defined in division (K) of section 5123.01 of the Revised Code.
(4) A developmentally disabled person as defined in division (Q) of section 5123.01 of the Revised Code.
(5) A person with a mental illness as defined in division (A) of section 5122.01 of the Revised Code.
(6) A person sixty years of age or older.
(d) Hiring the prospective employee will not jeopardize in any way the health, safety or welfare of the children the agency serves. The following factors shall be considered in determining whether to hire the prospective employee:
(1) The person's age at the time of the offense.
(2) The nature and seriousness of the offense.
(3) The circumstances under which the offense was committed.
(4) The degree to which the person participated in the offense.
(5) The time elapsed since the person was fully discharged from imprisonment or probation.
(6) The likelihood that the circumstances leading to the offense will recur.
(7) Whether the person is a repeat offender.
(8) The person's employment record.
(9) The person's efforts at rehabilitation and the results of those efforts.
(10) Whether any criminal proceedings are pending against the person.
(11) Whether the person has been convicted of or pleaded guilty to a felony contained in the Revised Code that is not listed in paragraph (A)(15)(a) of this rule, if the felony bears a direct and substantial relationship to the duties and responsibilities of the position being filled.
(12) Any others factors the PCSA, PCPA, PNA considers relevant.
(17) It is the prospective employee's duty to provide written verification that the conditions specified in paragraph (A)(16) of this rule are met. If the prospective employee fails to provide such proof or if the agency determines that the proof offered by the prospective employee is inconclusive or insufficient, the person shall not be hired. Any doubt shall be resolved in favor of protecting the children the agency serves.
(18) To determine whether a prospective employee is qualified to be hired pursuant to paragraph (A)(15)(a) of this rule, a criminal records check shall be conducted pursuant to this rule.
(19) An agency may conditionally hire a prospective employee until the criminal records check required by this rule is completed and the agency receives the results of the criminal record check, if the prospective employee submits to the agency a signed statement attesting that the prospective employee has not been convicted of or pleaded guilty to any offense listed in paragraph (A)(15)(a) of this rule. If the results of the criminal record check indicate that the person does not qualify for employment, the agency shall release the person from employment.
(20) The provisions of paragraph (A)(16) of this rule must be considered for any prospective employee who has been convicted of, or pleaded guilty to, one or more of the offenses listed in paragraph (A)(15)(a) of this rule even if the person's record has been sealed by a court pursuant to section 2953.32 of the Revised Code because the information contained in the sealed record bears a direct and substantial relationship to the care of children who may be entrusted to the person's care.
(21) A conviction of, or plea of guilty to, an offense listed in paragraph (A)(15)(a) of this rule shall not prevent a prospective employee's hire if the person has been granted an unconditional pardon for the offense pursuant to Chapter 2967. of the Revised Code or the conviction or guilty plea has been set aside pursuant to law. "Unconditional pardon" includes a conditional pardon with respect to which all conditions have been performed or have transpired.
(22) Current employees suspected of involvement in any of the offenses listed in paragraph (A)(15)(a) of this rule shall be terminated, suspended or removed from contact with residents until the public children services agency or law enforcement agency has completed its investigation and has made applicable recommendations.
(23) An agency shall assure that all staff hired or who are under any personal service contract who are required by law to possess any professional licensure or certification are so licensed or certified.
(B) The following standards are recommended:
(1) Each detention facility shall have written policies and procedures concerning personnel matters. The policies and procedures shall be approved by the parent agency and be available to all employees.
(2) Written policy and procedure provide for provisional appointment to ensure the availability of personnel for short-term, full-time or part-time work in an emergency situation.
(3) Written policy and procedure provide for a written annual performance evaluation of all employees, which is based on defined criteria and is reviewed and discussed with the employee.
(4) Written policy and procedure provide for a current, accurate, and confidential personnel record for each employee; confidentiality is ensured by restricting its availability to only the employee who is the subject of the record and to other agency employees who have a need for the record in the performance of their duties. A written procedure exists whereby the employee can challenge information in his or her personnel file and have it corrected or removed if it proves to be inaccurate.
(5) There is a written employee grievance procedure, which is available to all employees.
5139-37-11 Security and Control
(A) The following standards are mandatory:
(1) Written policy and procedure limit the use of physical force to instances of self-protection, protection of the child or others, prevention of property damage, prevention of escapes and in accordance with appropriate statutory authority. In no event is physical force justifiable as punishment.
(2) Children involved in incidents of physical force must receive an appropriate evaluation to determine the need for medical treatment. The evaluation may not be conducted by an employee involved in the incident.
(3) A written report is prepared following all uses of physical force and is submitted to the facility administrator.
(B) The following standards are mandatory for new plants:
(1) The facility maintains a control center.
(2) Power generators are tested at least every two weeks and other emergency equipment and systems are tested at least monthly for effectiveness and repaired or replaced as necessary.
(C) The following standards are recommended:
(1) There is a manual containing the facility's policies and procedures for security and control, which includes detailed instructions for implementing these procedures; the manual is made available to all personnel and is reviewed annually and updated as necessary.
(2) The use of chemical agents and related restraining devices is discouraged. Written policy and procedure govern the availability, control and use of chemical agents and related security devices. Chemical agents and related security devices are used only in accordance with the written policy and procedure. A written report is prepared following all uses of force incidents and is submitted to the facility administrator.
(3) Written policy and procedure require that all security perimeter entrances, exterior doors and all doors the facility administrator determines should be locked are kept locked, except when used for admission or exit of employees, detained children or visitors, and in emergencies.
(4) The facility has a system to physically count children that includes strict accountability for children assigned to work and educational release, furloughs and other approved temporary absences.
(5) Facility staff maintains a daily report of juvenile population movement.
(6) Written policy and procedure require that supervisory staff maintain a permanent log and prepare shift reports that record routine and emergency situations.
(7) Written policy and procedure provide for notifying appropriate staff of increases and decreases in the population on a shift -by-shift basis.
(8) Written policy and procedure provide for weekly inspection and maintenance of security devices; corrective action is initiated when necessary.
(9) Written policy and procedure require that first line supervisory staff inspect every area of the facility daily and submit a written report to an administrative official for review whenever deficiencies are noted.
(10) Written policy and procedure require that the facility administrator or designee and other department heads view and communicate with children in living and activity areas.
(11) The written plan for searches of the facility and children to control contraband has been reviewed by legal counsel to ascertain the legality of the plan.
(12) The policy regarding searches for the control of contraband is published, made available to staff and children, and reviewed at least annually and updated if necessary.
(13) Written policy and procedure provide for the least-intrusive method of search consistent with the safety and security of the facility.
(a) Youth who are entering or who have entered a detention center may be searched by; the use of a magnetometer or similar device; by a pat down of the youth conducted by a person of the same sex as the youth; and by an examination of any personal effects within the detention center. Such searches must be done uniformly or by automatic random selection in order to prevent discriminatory or arbitrary searches.
(b) Upon entering a facility, any youth being integrated into the general population, may be visually observed while changing into clothing that is required to be worn within the facility.
(14) Strip searches or body cavity searches of youth may be conducted with the approval of the superintendent of each center if the following standards are met:
(a) There is a reasonable suspicion that the youth intends to convey or has conveyed an illegal object or substance into the detention center. This reasonable suspicion must be based upon:
(1) Specific objective facts;
(2) Specific factors in the youth's background that support the necessity of such search in light of reasonable cause.
(b) Strip searches or body cavity searches are to be conducted in privacy and by staff who are of the same sex as the youth being searched. Staff members of the opposite sex should only be present if needed for security purposes.
(c) Body cavity searches are to be conducted only by medical personnel.
(15) Written policy and procedure provide that staff regulate the movement of children.
(16) Written policy and procedure require children in the general population be observed at least every hour while in sleeping rooms. The verification of the contact shall be documented.
(17) All special incidents, including but not limited to, the taking of hostages, use of restraint equipment or the use of physical force are reported in writing, dated and signed by the staff person reporting the incident. The report is placed in the child's case record and reviewed by the facility administrator and/or the parent agency.
(18) Except in emergency situations, firearms are not permitted in the facility beyond what the facility administrator has defined as the security perimeter of the detention center.
(19) Written policy and procedure govern the control and use of keys.
(20) Written policy and procedure govern the control and use of tools, medical and culinary equipment.
(21) There are written operational shift assignments or post orders that state the duties and responsibilities for each assigned position in the facility. These shift assignments are reviewed at least annually and updated if necessary.
(22) There are written procedures for handling escapes, runaways and unauthorized absences. These are reviewed at least annually and updated as necessary.
(23) Written policy and procedure provide that all adults injured in an incident receive an appropriate evaluation to determine the need for medical treatment.
(24) Written plans govern space arrangements and procedures to follow in the event of a group arrest that exceeds the maximum capacity of the juvenile detention facility; these plans are reviewed annually and updated if necessary.
(25) Written policy and procedure provide for a communications system within the facility, and between the facility and the community, in the event of an emergency.
(26) Written policy and procedure provide that the facility maintain a written record of routine and emergency distribution and use of restraining devices.
(27) The use of restraining devices is discouraged. Written policy and procedure provide that instruments of restraint are never applied as punishment and are applied only in accordance with written policy and procedure.
(28) Written policy and procedure govern safety and security precautions pertaining to facility and staff vehicles.
(29) Transportation is available for use in emergencies.
(30) Written policy and procedure govern the detention center's transportation of children outside the facility and from one jurisdiction to another.