Foster Care Licensing
5101:2-9-35 Additional programmatic requirements regarding behavior management.
Effective Date: May 1, 2023
Most Current Prior Effective Date: November 1, 2013

(A)An agency certified to operate a residential facility shall establish a system where instances of behavior that are a danger to a child or to others shall be brought to the attention of appropriately trained behavior management staff.

(B)An agency certified to operate a residential facility which uses isolation and/or physical restraint as a behavior management tool shall establish an ongoing system for collecting and reviewing monthly aggregate data that reflects the use of restrictive treatment elements, including but not limited to: the number of applications of isolation and/or physical restraint, the names of staff members who participated in each instance of isolation or restraint, the range and average length of isolation and/or physical restraint, and injuries in addition to the critical incident report. When there is an unusually high incidence of the use of isolation and/or physical restraint, the administrator or designee shall review the agency's policies on behavior intervention, physical restraint, and isolation to determine how such incidents can be reduced.

(1)The number of applications of isolation and/or physical restraint.

(2)The youth's name and age.

(3)The names of staff members who participated in each instance of isolation or restraint.

(4)The range and average length of isolation and/or physical restraint.

(5)The injuries, as recorded in the critical incident report.

(6)The critical incident report is to be attached to the monthly aggregate data.

(C)The administrator or designee is to review the information collected on the use of isolation and/or physical restraint on a monthly basis to:

(1)Identify and evaluate trends.

(2)Determine strategies to lower incidents of physical restraint, isolation and injury.

(3)Document the review with the aggregate data.

Effective: 5/1/2023

Five Year Review (FYR) Dates: 2/9/2023 and 05/01/2028

Certification: CERTIFIED ELECTRONICALLY

Date: 04/21/2023

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 05/01/1998, 08/18/2003, 11/01/2013, 04/02/2018