(A) A foster caregiver shall work cooperatively with agency representatives as a member of a care and treatment team responsible for planning, providing and discussing the care and services provided to a foster child and shall fully disclose all information related to a foster child’s problems or progress to agency representatives.

(B) As a member of the care and treatment team, a foster caregiver shall participate in an annual review with the recommending agency to evaluate the strengths and growth areas of the foster home and of the support services of agency representatives to the foster caregiver.

(C) A foster caregiver shall work cooperatively with agency representatives in the conduct of an independent living skills assessment on an age appropriate foster child, and, as requested, provide instruction to a foster child on independent living skills.

HISTORY: Eff 12-30-66; 10-1-86; 1-1-91; 1-1-03

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 5103.03

Rule amplifies: RC 5103.02, 5103.03

REVIEW DATE: 9/2/01, 1/1/08

(A) A foster caregiver shall maintain a record on each foster child which shall include:

(1) A copy of the current child care agreement between the agency and the foster home and any written case plan provided by the agency;

(2) Reports of scholastic performance, including report cards, diplomas, and certificates of achievement or merit;

(3) Medical information provided by a foster child’s physician and by the placing agency, and current instructions regarding a foster child’s health care;

(4) The name and telephone number of the recommending agency contact person or the custody holding person or agency as applicable;

(5) Data which is pertinent to the foster child’s life book.

(B) A foster caregiver shall give a foster child’s record and all other official documents regarding the foster child to the agency when the foster child leaves the home.

(C) A foster caregiver shall not disclose or knowingly allow the disclosure of any information regarding a foster child or the foster child’s family to persons not directly involved in the foster child’s care and treatment on an official basis.

HISTORY: Eff 12-30-66; 10-1-86; 1-1-91; 1-1-03

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 5103.03

Rule amplifies: RC 5102.02, 5103.03

REVIEW DATE: 9/27/01, 1/1/08

(A) The presence of a foster child in a foster home shall not cause any other resident of the home to be deprived of a bed or bedroom.

(B) A bedroom for foster children shall:

(1) Have at least one outside wall window that should be screened and capable of opening and closing, unless the room is provided with a ventilation system which provides fresh air;

(2) Accommodate no more than four children;

(3) Include storage space for personal belongings and closet or dresser space for clothing;

(4) Provide a safe and comfortable sleeping area ensuring reasonable privacy and access to adult supervision, as appropriate to the age and functioning level of each foster child. A foster home recommended for initial certification after July 1, 2000 shall not have the entry to a foster child’s bedroom located so as to require the foster child to pass through another bedroom or a bathroom in order to enter his bedroom or to require another person to pass through the foster child’s bedroom to enter another room;

(5) Have floor-to-ceiling walls and a standard door;

(6) Be provided with reasonable access to an emergency exit;

(7) Not be on a floor higher than the second floor or in a basement unless approved in writing by a fire safety inspector. In addition, all bedrooms for foster children shall be comparable in appearance in terms of wall coverings, floor coverings, and general decor to other bedrooms used by other children residing in the foster home;

(8) Approved by the agency prior to placement.

(C) A foster child shall not share a bedroom with a child of the opposite sex, except when all children sharing the room are under the age of five years, or when a foster child who is also a parent is sharing a bedroom with his or her own child.

(D) A foster child over one year of age shall not share a sleeping room with an adult without prior approval of the recommending agency.

(E) Each foster child shall be provided with a clean, comfortable, permanent bed and mattress of his own. A permanent bed is one that cannot be converted to any other form.

(F) A bunk bed in use shall be equipped with safety rails on the upper tier for a child under the age of ten or for any child whose physical, mental, or emotional condition indicates the need for such protection. A bed shall not be bunked higher than two tiers. A child under six years of age shall not sleep on the upper bunk of a bunk bed.

(G) A foster caregiver shall provide each foster child with clean bed linen at least once per week or more frequently if needed. A foster child shall not be required to sleep on a bed soiled by urine or excrement.

(H) Unless there is a documented medical reason for a foster child over two years of age or thirty-five inches in height to continue to sleep in a crib, the child shall be provided with a toddler bed or standard bed.

Effective: 12/11/2006

R.C. 119.032 review dates: 06/30/2005 and 01/01/2008

Promulgated Under: 119.03

Statutory Authority: 5103.03.

Rule Amplifies: 5103.02, 5103.03.

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/1/91, 9/18/96, 7/1/00, 1/1/03

(A) Each foster child shall be provided with three meals a day served at regular intervals and conforming to any religious dietary restrictions or other dietary restrictions or special instructions imposed by the foster child’s physician. Food provided to a foster child shall be nutritious, well-balanced, and available in sufficient quantity.

(B) A foster child shall eat with other members of the foster home.

(C) Each foster home shall use milk that meets the requirements of state laws and local ordinances or regulations for pasteurized or certified milk.

HISTORY: Eff 12-30-66; 10-1-86; 1-1-91; 1-1-03

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 5103.03

Rule amplifies: RC 5103.02, 5103.03

REVIEW DATE: 9/27/01, 1/1/08

(A) A foster caregiver shall be responsible for following instructions of the agency which placed the child for providing health care services to each foster child.

(B) A foster caregiver shall administer or supervise the administration of prescription drugs to a foster child only for whom the medication was prescribed and according to the prescribing physician’s instruction.

(1) Prescription drugs shall be kept in a container, labeled with the foster child’s name, the correct dosage and relevant instructions.

(2) Prescribed drugs shall be disposed of in a safe manner when the prescription is no longer current.

(3) Any side effects of prescription drugs shall be reported immediately to the prescribing physician and the recommending agency.

HISTORY: Eff 12-30-66; 10-1-86; 1-1-91; 1-1-03

Rule promulgated under: RC Chapter 119.

Rule authorized by: RC 5103.02, 5103.03

Rule amplifies: RC 5103.02, 5103.03

REVIEW DATE: 9/27/01, 1/1/08

(A) A foster caregiver shall be responsible for the full-time care of a foster child. This does not prohibit both foster caregivers in the case of a couple, co-parents or a single foster caregiver from working outside the home.

(B) Alternative arrangements for the care of a foster child by someone other than the foster caregiver shall be approved by the recommending agency.

(C) A foster caregiver shall have prior written approval by the recommending agency of a plan for the care of a foster child in emergency situations.

(D) A foster caregiver shall have prior written approval by the recommending agency of a statement for each foster child specifying whether or not the foster child may be left unattended and, if so, for what period of time.

(E) When a foster caregiver arranges for a foster child to be cared for in a child care center or by a type A or type B child care provider that is required to be certified according to Chapter 5101:2-12, 5101:2-13, or 5101:2-14 of the Administrative Code, as applicable, the foster caregiver shall provide documentation to the recommending agency that the child care center or type A or type B child care provider is currently licensed or certified.

(F) When a foster caregiver of a specialized foster home requests respite care, it shall be provided in accordance with paragraph (A)(16) of rule 5101:2-5-13 of the Administrative Code.

Effective: 10/08/2007

R.C. 119.032 review dates: 06/29/2007 and 06/30/2012

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/1/91, 9/18/96, 9/1/02

(A) A foster caregiver shall treat each foster child with kindness, consistency, and respect.

(B) A foster caregiver shall not discriminate in providing care and supervision to foster children on the basis of race, sex, religion, color or national origin.

(C) A foster caregiver shall provide humane, instructive discipline appropriate to the age and functioning level of a foster child.

(1) Disciplinary methods shall stress praise and encouragement for desired behavior rather than punishment;

(2) All rules and expectations made by a foster caregiver shall be explained to a foster child in a manner appropriate to the child’s age and understanding during his the child’s initial orientation and prior to any disciplinary action for violations of such rules;

(3) A foster child shall not be punished for actions over which the child has no control;

(4) A foster child shall not be punished for bed-wetting or in the course of toilet training activities.

(D) A foster caregiver shall not subject a foster child to verbal abuse or swearing; to derogatory remarks about foster children, their families, their races, their sex, their religion, their color or their national origin; or to threats of physical violence or removal from the foster home.

(E) A foster caregiver shall not use any of the following practices for a foster child:

(1) Physical hitting or any type of physical punishment inflicted in any manner upon the body such as spanking, paddling, punching, shaking, biting, hair pulling, pinching, or rough handling;

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

(3) Requiring or forcing a foster child to take an uncomfortable position, such as squatting or bending, or requiring a foster child to repeat physical movements when used as a means of punishment;

(4) Denial of social or recreational activities for excessive or prolonged periods of time, as defined by the agency;

(5) Denial of social or casework services, medical treatment, or educational services;

(6) Deprivation of meals;

(7) Denial of visitation or communication rights with the family of the foster child as a means of punishment;

(8) Denial of sleep;

(9) Denial of shelter, clothing, bedding or restroom facilities.

(F) Physical restraint of a foster child shall only be utilized by a caregiver who has received specific training and annual review in acceptable methods of restraint. Documentation of such training shall be contained in the foster home record.

(G) Physical restraint may be used by a caregiver:

(1) For self protection.

(2) For protection of the child from self-destructive behavior.

(3) To protect another person from a foster child.

(H) A foster caregiver shall use only the least restrictive physical restraint necessary to control a situation. A foster caregiver shall not use any device to prevent or restrict movement as punishment or for staff convenience.

(I) The recommending agency shall be notified by the caregiver immediately following the use of physical restraint. A detailed written report of the incident shall be submitted by the caregiver to the recommending agency within twenty-four hours following the use of physical restraint. The recommending agency shall notify the placing agency (if different) immediately upon receipt of the detailed written report from the caregiver. A copy of the written report shall be placed in the foster child’s record and in the foster caregiver’s record.

(J) A foster caregiver shall not use any form of chemical or mechanical restraint on a foster child.

(K) Any act of omission or commission by a foster caregiver or other member of the household which results in the death, injury, illness, abuse, neglect or exploitation of a foster child shall be grounds for the denial or revocation of a foster home certificate. This may be a recommendation of the agency supervising a foster home or the Ohio department of job and family services.

(L) A foster caregiver shall ensure that each foster child placed in the foster home who is not capable of meeting his their own personal hygiene needs is clean and groomed daily. A foster child’s clothing and footwear shall be clean, well-fitting, seasonal and appropriate to the child’s age and sex. Foster children capable of meeting their own personal hygiene needs shall be provided with adequate personal toiletry supplies appropriate to the child’s age, sex, race and national origin. A foster caregiver shall provide each foster child instruction on good habits of personal care, hygiene, and grooming appropriate to the child’s age, sex, race, national origin and need for training.

Effective: 12/11/2006

R.C. 119.032 review dates: 06/30/2005 and 01/01/2008

Promulgated Under: 119.03

Statutory Authority: 5103.02, 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/1/91, 9/18/96, 7/1/00, 1/1/03

(A) A foster child who is under two years of age or under thirty-five inches in height shall be provided with a full-sized crib which meets the following requirements:

(1) Crib slats shall be no more than two and three-eighths inches apart.

(2) Decorative cutout areas on crib end panels which could entrap the head of a child shall not be permitted.

(3) Locks and latches on the drop side of a crib shall be safe and secure from accidental release or release by the child inside the crib.

(4) Each crib shall have a firm mattress which is at least one and one-half inches thick and covered with a waterproof material not dangerous to a child. The mattress shall fit close enough in the frame so that there is no more than one inch between the mattress and the sides of the crib.

(B) A bassinet or cradle may be used only for infants under three months of age or less than fifteen pounds in weight.

(C) A foster child under two years of age shall be given regular opportunities for individual attention and physical contact with a caring adult. A foster child under two years of age shall be given consistent and regular opportunities for safe and comfortable participation in developmental activities such as sitting, crawling, walking and playing as appropriate to the child’s age and developmental ability.

(D) A foster child under two years of age shall be supplied with safe play items appropriate to the child’s age and developmental ability.

(E) A foster child under two years of age shall be fed according to instructions from the child’s physician or the recommending agency as required by the individual child care agreement. For feeding, a foster child under two years of age shall either be placed in a highchair, infant seat, or held, as appropriate to age. No foster child shall be placed in a crib or bassinet for feeding. At no time shall a bottle be propped for feeding.

(F) If a foster child under two years of age continually creates a danger to him or her self by climbing out of his/her crib and the foster caregiver, the custodial agency, and the recommending agency, if different, agree that the child should not continue to sleep safely in a crib, the child may use a toddler bed or other type of standard bed for sleeping, except that the child may not use the upper bunk of a bunk bed. Written documentation of any such agreement shall be signed by a custodial agency representative and maintained in the foster caregiver’s record.

Effective: 12/11/2006

R.C. 119.032 review dates: 08/04/2006 and 01/01/2008

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/1/91, 9/18/96, 9/1/02

(A) A foster caregiver shall allow privileges and assign responsibilities to a foster child similar to those which would be assigned to a family member of the foster caregiver who is of similar age and functioning level.

(B) A foster caregiver shall make arrangements with the placing agency for each school-age foster child to attend a school which complies with the minimum standards as prescribed by the state board of education and shall ensure that the foster child attends school in accordance with the child care agreement. A foster caregiver that provides home schooling for a foster child shall do so only with the approval of the child’s custodial agency. Any home schooling program used by a foster caregiver shall be approved by the public school district in which the caregiver resides.

(C) A foster caregiver shall encourage a foster child to participate in community, school, recreational, and cultural heritage activities which are appropriate to the child’s age and functioning level and shall, as is necessary and reasonable, arrange appropriate transportation for the foster child to and from such activities.

(D) A foster caregiver shall permit a foster child to practice the chosen religious faith of the foster child or the foster child’s parents, unless it is determined and documented in the child’s case plan by the custodial agency that it is not in the child’s best interests; and a foster caregiver shall not subject a foster child to any form of religious coercion.

(E) A foster child shall not be baptized or submitted to any religious procedures without prior consent of the child according to their age and functioning level and prior approval of the foster child’s parent, guardian or custodian.

(F) A foster caregiver shall, as appropriate, teach a foster child tasks and skills required for life in the community.

Effective: 10/08/2007

R.C. 119.032 review dates: 06/29/2007 and 06/30/2012

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/191, 9/1/02

(A) A foster home and all structures associated with the home shall be maintained in a clean, safe, and sanitary condition and in a reasonable state of repair.

(B) Outdoor recreation equipment on the grounds of a foster home shall be maintained in a safe state of repair.

(C) Outdoor areas on the grounds of or immediately adjacent to a foster home which are potentially hazardous to a foster child placed in the home shall be reasonably safeguarded, considering the age and functioning level of the foster child. Such areas include, but are not limited to:

(1) Water areas, including lakes, ponds, rivers, quarries and swimming pools;

(2) Open pits and wells;

(3) Cliffs and caves;

(4) High-speed or heavily traveled roads.

(D) A foster home shall be adequately heated, lighted and ventilated.

(E) Bleach, cleaning materials, other poisonous or corrosive household chemicals, flammable and combustible materials, potentially dangerous tools or utensils, and electrical equipment or machinery in or on the grounds of a foster home shall be stored in a safe manner.

(F) Any firearm, air rifle, hunting slingshot or other projectile weapon kept on the grounds of or in a foster home shall be stored in an inoperative condition in a locked area inaccessible to children. All ammunition, arrows or projectiles for such weapons shall be stored in a separate locked space. Any foster caregiver who is also a law enforcement official and can document that their jurisdiction requires them to have ready and immediate access to their weapon shall be exempt from the requirements of this paragraph.

(G) A foster home shall have a working telephone or be able to demonstrate to the recommending agency reasonable access to a working telephone for emergency situations.

(H) Appropriate emergency telephone numbers including fire, police, ambulance, poison control, the recommending agency, and each agency with a foster child placed in the home shall be posted in a prominent place in a foster home.

(I) All locking doors to any room or storage area inside a foster home in which a person could become confined, and from which the only other means of exit requires the use of a key, shall be able to be unlocked from either side. Locking of the children’s bedroom doors while children are sleeping is prohibited. Locking of outside doors is permitted. Fencing around a yard or outside play area is permitted.

(J) A foster home shall have a continuous supply of safe drinking water. Well water used for drinking and cooking shall be tested and approved by the health department prior to initial certification and annually.

(K) A foster home shall have working bathroom and toilet facilities located within the home and connected to an indoor plumbing system.

(L) Garbage shall be disposed of on a regular basis. Garbage stored outside shall be in covered containers or closed bags.

(M) A foster home shall have a working smoke alarm approved by “Underwriter’s Laboratory” on each level of occupancy of the home.

(N) A foster caregiver shall have a written evacuation plan for evacuating the home or seeking shelter in the event of fire, tornado or other disaster. This evacuation plan shall contain a primary and alternate escape route for each floor. A foster caregiver shall provide initial orientation and ongoing instruction on the contents of this plan to each foster child in accordance with the foster child’s age and functioning level.

(O) All escape routes shall be kept free of clutter and other obstructions.

(P) Household heating equipment used in a foster home shall be equipped with appropriate safeguards in accordance with the age and functioning level of any foster child in the home.

(Q) Unvented kerosene heaters may be used, if the heater has been approved by “Underwriter’s Laboratory”, and they are not prohibited by any local zoning ordinances.

(R) A foster home shall have an “Underwriter’s Laboratory” approved portable fire extinguisher in working order in or near the cooking area of the home.

(S) Pets or domestic animals in or on the premises of a foster home shall be kept in a safe and sanitary manner in accordance with state and local laws.

(T) A foster child shall be protected from animals potentially dangerous to the child’s health and safety in or on the premises of a foster home.

(U) Interior and exterior stairways accessible to children shall be protected by child safety gates or doors according to the child’s age and functioning level.

Effective: 12/11/2006

R.C. 119.032 review dates: 06/30/2005 and 01/01/2008

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 7/1/00, 1/1/03

(A) A foster caregiver must terminate the certificate within thirty days of his/her residence being licensed, regulated, approved, operated under the direction of, or otherwise certified by, the department of mental health, the department of alcohol and drug addiction services, a community alcohol, drug addiction and mental health board, the department of mental retardation and developmental disabilities, a county board of mental retardation and developmental disabilities, the health department, or a juvenile court.

(B) A foster home shall be recommended for certification by only one recommending agency at a time.

(C) The determination of the specific number, age, and sex of children to be placed in a particular foster home is a joint responsibility of the foster caregiver and the recommending agency based on the agency’s assessment of the foster caregiver’s capability and physical facilities as required by this chapter.

(D) Nothing in this chapter shall be construed as requiring an agency to make or to continue the placement of any child with any foster caregiver solely because of the presence of a current certificate.

(E) A foster home shall not accept a child into care directly from a parent, another certified agency or other legally approved placement source without the participation and agreement of the recommending agency.

(F) If the applicants are married to each other the foster home certificate shall be in the names of both spouses residing in the home.

(G) A transfer of a foster home certificate from one agency to another shall be completed in accordance with rule 5101:2-5-31 of the Administrative Code.

Effective: 12/11/2006

R.C. 119.032 review dates: 08/04/2006 and 01/01/2008

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/30/66, 10/1/86, 2/1/88, 1/1/91, 9/18/96, 1/1/03

(A) A foster caregiver shall notify the recommending agency in writing prior to allowing any person to reside for more than two weeks in the foster home.

(B) A foster caregiver shall notify the recommending agency within one hour of the caregiver gaining the knowledge of any of the following circumstances involving a foster child:

(1) A serious injury or illness involving medical treatment of a foster child.

(2) The death of a foster child.

(3) Unauthorized absence of a foster child from the home.

(4) Removal of a foster child from the home by any person or agency other than the placing agency, or attempts at such removal.

(5) Any involvement of a foster child with law enforcement authorities.

(C) A foster caregiver shall notify the recommending agency within twenty-four hours or the next working day when any fire requiring the services of a fire department occurs within the home.

(D) A foster caregiver shall notify the recommending agency and any agency which has placed a foster child in the foster home within twenty-four hours when the foster home becomes uninhabitable for any reason.

(E) A foster caregiver shall notify the recommending agency within twenty-four hours or the next working day of any of the other following circumstances:

(1) Any impending change in the marital status of the foster caregiver or in the household occupancy of the home.

(2) Any serious illness or death in the household.

(F) A foster caregiver shall inform the recommending agency at least four weeks prior to a planned move of the foster caregiver.

(G) A foster caregiver shall inform the recommending agency within thirty days in writing if the foster caregiver is certified to operate a type B family day care home.

(H) A foster caregiver shall notify the recommending agency within twenty-four hours of any charge of any criminal offense brought against the caregiver or any resident of his home. If the charges result in a conviction, the foster caregiver shall notify the recommending agency within twenty-four hours of the conviction. Failure to notify the agency in either of these circumstances shall result in the Ohio department of job and family services (ODJFS) seeking an order to revoke the caregiver’s certification to operate a foster home.

(I) Pursuant to section 5103.0319 of the Revised Code, a foster caregiver shall also notify the recommending agency in writing within twenty-four hours if a resident of the foster caregiver’s home is at least twelve years of age, but less than eighteen years of age, and has been convicted of or pleaded guilty to any of the offenses listed in appendix A to this rule, or has been adjudicated to be a delinquent child for committing an act that if committed by an adult would have constituted such a violation. The notification is also required for any conviction or adjudication of delinquency resulting from a violation of an existing or former law of this state, any other state, or the United States that is substantially equivalent to any of the offenses listed in appendix A to this rule. If the recommending agency learns that a foster caregiver has failed to comply with this paragraph, it shall notify ODJFS and ODJFS shall revoke the foster caregiver’s certification to operate a foster home.

(J) Prior to the expiration date of a foster home certificate, a caregiver shall submit JFS 01331, “Notice of Expiration and Reapplication for a Foster Home Certificate” (rev. 12/2006), to the recommending agency.

(K) Failure of a foster caregiver to submit the reapplication form prior to the expiration date of the current foster home certificate shall cause the foster home certificate to expire.

(L) A foster caregiver may voluntarily terminate a foster home certificate for any reason by providing written notice of intent to terminate and the effective date of termination to the recommending agency.

Appendix A to OAC 5101:2-7-14

Page 1 of 3

OFFENSES LISTED IN PARAGRAPH (I) OF RULE 5101:2-7-14

OF THE ADMINISTRATIVE CODE

OFFENSES AGAINST ANIMALS

R.C. 959.13 — Cruelty to animals

HOMICIDE

R.C. 2903.01 — Aggravated murder

R.C. 2903.02 — Murder

R.C. 2903.03 — Voluntary manslaughter

R.C. 2903.04 — Involuntary manslaughter

ASSAULT

R.C. 2903.11 — Felonious assault

R.C. 2903.12 — Aggravated assault

R.C. 2903.15 — Permitting child abuse

R.C. 2903.13 — Assault

R.C. 2903.16 — Failing to provide for a functionally impaired person

MENACING

R.C. 2903.21 — Aggravated menacing

R.C. 2903.211 — Menacing by stalking

R.C. 2903.22 — Menacing

PATIENT ABUSE AND NEGLECT

R.C. 2903.34 — Patient abuse, neglect

KIDNAPPING AND RELATED ISSUES

R.C. 2905.01 — Kidnapping

R.C. 2905.02 — Abduction

R.C. 2905.04 — Child stealing (as this law existed prior to July 1, 1996)

R.C. 2905.05 — Criminal child enticement

SEX OFFENSES

R.C. 2907.02 — Rape

R.C. 2907.03 — Sexual battery

OFFENSES LISTED IN PARAGRAPH (I) OF RULE 5101:2-7-14

OF THE ADMINISTRATIVE CODE

R.C. 2907.04 — Unlawful sexual conduct with a minor

R.C. 2907.05 — Gross sexual imposition

R.C. 2907.06 — Sexual imposition

R.C. 2907.07 — Importuning

R.C. 2907.08 — Voyeurism

R.C. 2907.09 — Public indecency

R.C. 2907.12 — Felonious sexual penetration (as this former section of law existed)

R.C. 2907.21 — Compelling prostitution

R.C. 2907.22 — Promoting prostitution

R.C. 2907.23 — Procuring

R.C. 2907.25 — Prostitution

R.C. 2907.31 — Disseminating matter harmful to juveniles

R.C. 2907.32 — Pandering obscenity

R.C. 2907.321 — Pandering obscenity involving a minor

R.C. 2907.322 — Pandering sexually oriented matter involving a minor

R.C. 2907.323 — Illegal use of a minor in nudity-oriented material or performance

ARSON

R.C. 2909.02 — Aggravated arson

R.C. 2909.03 — Arson

R.C. 2909.22 — Soliciting or providing support for act of terrorism

R.C. 2909.23 — Making terroristic threat

R.C. 2909.24 — Terrorism

ROBBERY AND BURGLARY

R.C. 2911.01 — Aggravated robbery

R.C. 2911.02 — Robbery

R.C. 2911.11 — Aggravated burglary

R.C. 2911.12 — Burglary

THEFT AND FRAUD

R.C. 2913.49 — Identity Fraud

OFFENSES AGAINST THE PUBLIC PEACE

R.C. 2917.01 — Inciting to violence

R.C. 2917.02 — Aggravated riot

OFFENSES LISTED IN PARAGRAPH (I) OF RULE 5101:2-7-14

OF THE ADMINISTRATIVE CODE

OFFENSES AGAINST THE FAMILY

R.C. 2919.12 — Unlawful abortion

R.C. 2919.22 — Endangering children

R.C. 2919.23 — Interference with custody (that would have been a violation of R.C. 2905.04 as it existed prior to July 1, 1996 if violation had been committed prior to that date)

R.C. 2919.24 — Contributing to unruliness or delinquency of a child

R.C. 2919.25 — Domestic violence

WEAPONS CONTROL

R.C. 2923.12 — Carrying a concealed weapon

R.C. 2923.13 — Having a weapon while under disability

R.C. 2923.161 — Improperly discharging a firearm at or into a habitation or school

DRUG OFFENSES

R.C. 2925.02 — Corrupting another with drugs

R.C. 2925.03 — Trafficking in drugs

R.C. 2925.04 — Illegal manufacture of drugs or cultivation of marijuana

R.C. 2925.05 — Funding of drug or marijuana trafficking

R.C. 2925.06 — Illegal administration or distribution of anabolic steroids

R.C. 2925.11 — Possession of drugs or marijuana that is not a minor drug possession offense

OTHER

R.C. 2927.12 — Ethnic intimidation

R.C. 3716.11 — Placing harmful objects in food or confection

R.C. 4511.19 — Operating vehicle under the influence of alcohol or drugs – OVI or OVUAC

Effective: 08/14/2008

R.C. 119.032 review dates: 05/30/2008 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 2151.86, 5103.03, 5103.0319

Rule Amplifies: 2151.86, 5103.02, 5103.03, 5103.0319

Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/18/96, 7/1/00, 1/1/03, 12/11/06

(A) Any vehicle owned or leased by a foster caregiver and used to transport a foster child shall be maintained in a safe condition and in compliance with all motor vehicle laws. Such vehicles shall be covered by liability insurance in accordance with current state laws.

(B) A foster caregiver shall ensure that any person transporting a foster child in a motor vehicle shall be licensed to drive that class of vehicle and that such vehicle is maintained in a safe condition according to state laws.

(C) A foster caregiver shall ensure that a foster child transported in a motor vehicle shall at all times be restrained by a seat belt including both a lap belt and a shoulder belt in vehicles that are so equipped.

(D) When the foster child is less than four years old or forty pounds in weight, a child restraint seat secured by a seat belt or the lower anchors and tethers for children (LATCH) system shall be used. The child restraint seat shall be placed in the back seat of any motor vehicle that has a back seat.

(1) An infant less than one year of age or twenty pounds in weight shall be restrained only in a rear-facing position and whenever possible shall not be placed in the front seat of a motor vehicle equipped with passenger air bags.

(2) Children at least one year old and between twenty pounds and forty pounds in weight shall be restrained in a forward-facing position.

(E) When the foster child is at least four years old and forty pounds in weight and less than eighty pounds or shorter than four feet, nine inches in height, the child shall be restrained in a belt positioning booster seat in a forward-facing position. The booster seat shall be placed in the back seat of any motor vehicle that has a back seat.

(F) All children age twelve and under shall ride in the back seat of a motor vehicle that has a back seat and shall not ride in the front seat of the vehicle unless the vehicle does not have a back seat. If a foster child rides in the front seat of a vehicle as allowed by this rule, the foster caregiver must disable the passenger side airbag if the vehicle is so equipped.

Effective: 10/08/2007

R.C. 119.032 review dates: 06/29/2007 and 06/30/2012

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 12/3066, 10/1/86, 2/1/88, 1/1/91, 9/1/02

(A) A treatment foster caregiver initially certified after the effective date of this rule shall meet at least one of the following requirements:

(1) A minimum of three hundred sixty-five days of caring for a foster child in placement as a certified foster caregiver.

(2) A minimum of sixty hours of training in a classroom setting that complies with the following:

(a) For an applicant the training shall be completed within twenty-four months prior to the date of application for initial certification as a specialized caregiver.

(b) For a certified caregiver the training shall be completed within twenty-four months of the certified caregiver’s written intent to upgrade their certification if the caregiver does not meet the requirement in paragraph (A)(1) of this rule.

(c) The training shall relate to children with special or exceptional needs as defined in rule 5101:2-47-18 of the Administrative Code.

(3) A minimum of five years cumulative experience caring for a child in the home of the foster caregiver or applicant on a daily basis.

(4) A minimum of one year of cumulative experience caring for a child who has special or exceptional needs as defined in rule 5101:2-47-18 of the Administrative Code in the home of the foster caregiver or applicant on a daily basis.

(B) Training requirements for a treatment foster caregiver.

(1) Each treatment foster caregiver shall successfully complete the number of hours of preplacement and continuing training specified in the recommending agency’s training policy required pursuant to rule 5101:2-5-13 of the Administrative Code.

(a) A treatment foster caregiver shall complete at least thirty-six hours of preplacement training and sixty hours of continuing training during each two year certification period.

(b) A waiver for some continuing training requirements may be approved by a recommending agency if the waiver meets the conditions of paragraph (J) of rule 5101:2-5-33 of the Administrative Code.

(c) All preplacement and continuing training received by a treatment foster caregiver shall be subject to the requirements specified in paragraphs (C)(7) and (C)(8) of rule 5101:2-5-33 of the Administrative Code.

(2) Prior to receiving a child in placement, each treatment foster caregiver shall successfully complete an American red cross or American heart association first aid and adult and child cardiopulmonary resuscitation (CPR) certification training program or the equivalent.

(a) If foster children under the age of one will be placed in the treatment foster home, infant CPR shall be included in the CPR certification.

(b) This training may be counted towards the training required by paragraphs (C)(7) and (C)(8) of rule 5101:2-5-33 of the Administrative Code.

(c) First aid and CPR certification shall be kept current at all times.

(C) Each treatment foster caregiver is a member of the treatment team and shall implement the service plan for each child as prescribed by the recommending agency.

(D) Occupancy limitations for a treatment foster home.

(1) A treatment foster caregiver may provide foster care for not more than five foster children, two of whom have exceptional needs requiring their placement in a treatment foster home. Any exceptions to the number of children with exceptional needs to be served, must have specific justification in accordance with the agency’s policy for matching foster children and treatment foster caregivers pursuant to rule 5101:2-5-13 of the Administrative Code. Such justification, which may include the need to place a sibling group, or the abilities of a particular family in relation to the special or exceptional needs of a particular child, shall be documented in the child’s case record and in the treatment foster home record. If more than two children with exceptional needs are placed in a treatment foster home, all agencies holding custody of any other children placed in the home shall be notified by the treatment foster care program within seventy-two hours of placement.

(2) A treatment foster caregiver who is also an appropriately trained and licensed professional may provide care for not more than five children with special or exceptional needs placed in the caregiver’s home if both of the following apply:

(a) The caregiver has five years of child care experience and training related to serving children in foster care.

(b) The caregiver’s primary means of support is from reimbursement as a treatment foster caregiver.

(3) The following shall be considered an appropriately trained and licensed professional as required in paragraph (D)(2) of this rule:

(a) A social worker.

(b) A professional counselor.

(c) A psychologist.

(d) A teacher.

(e) A person who has a minimum of a bachelor’s degree in a child development or social services field.

(4) Children placed in a foster home on or prior to March 31, 2005 shall not be moved to another placement solely to meet the requirements of paragraph (D)(1) or (D)(2) of this rule.

(E) A treatment foster caregiver or at least one member of a treatment foster caregiver couple or co-parent shall have weekly consultation and face-to-face contact at least every two weeks with the recommending agency’s professional treatment staff. At least one of the face-to-face contacts each month shall be in the treatment foster home.

(F) A treatment foster caregiver shall prepare, and keep current, a written record of the behavior and progress of the child towards achieving the treatment goals as identified in the service plan of each foster child placed in the home as required by the agency.

(G) Under the direction of the treatment team leader, a treatment foster caregiver shall assume primary responsibility for implementing the in-home treatment strategies specified in the child’s service plan and any revisions thereto.

(H) A treatment foster caregiver shall work cooperatively with the family of the child according to the child’s service plan and case plan.

(I) A treatment foster caregiver shall perform any additional written responsibilities and duties established by the recommending agency for a treatment foster caregiver.

(J) A treatment foster caregiver shall attend and participate in the treatment team meetings for each child placed in his home. If the treatment foster home certificate is in the name of a couple or co-parents, only one caregiver is required to attend the treatment team meetings unless otherwise specified by the recommending agency.

Effective: 08/21/2008

R.C. 119.032 review dates: 05/30/2008 and 05/01/2011

Promulgated Under: 119.03

Statutory Authority: 5103.03, 5103.0316

Rule Amplifies: 5103.02, 5103.03, 5103.031, 5103.032, 5103.039

Prior Effective Dates: 1/1/03, 8/22/05

In addition to the requirements found in rules5101:2-7-02 to 5101:2-7-15 of the Administrative Code, a medically fragile foster home shall meet the following requirements:

(A) A medically fragile foster caregiver initially certified after the effective date of this rule shall have at least two years of experience caring for medically fragile children or the equivalent medically fragile child care experience, education or training as determined by the recommending agency. This requirement shall not apply to a foster caregiver certified prior to January 1, 2003.

(B) Training requirements for a medically fragile foster caregiver.

(1) Each medically fragile foster caregiver shall successfully complete the number of hours of preplacement and continuing training specified in the recommending agency’s training policy required pursuant to rule 5101:2-5-13 of the Administrative Code. No fewer than thirty-six hours of preplacement training and no fewer than sixty hours of continuing training during each two year certification period is required for each medically fragile foster caregiver unless a waiver is approved by the recommending agency pursuant to paragraph (H) of rule 5101:2-5-33 of the Administrative Code. All preplacement and continuing training received by a medically fragile foster caregiver shall be subject to the requirements specified in paragraphs (C)(7) and (C)(8) of rule 5101:2-5-33 of the Administrative Code.

(2) Prior to receiving a child in placement, each medically fragile foster caregiver shall successfully complete an American red cross or American heart association first aid and adult and child cardiopulmonary resuscitation (CPR) certification training program or the equivalent. If foster children under the age of three will be placed in the medically fragile foster home, infant CPR shall be included in the CPR certification. This training may be counted towards the training required by paragraphs (C)(7) and (C)(8) of rule 5101:2-5-33 of the Administrative Code. First aid and CPR certification shall be kept current at all times.

(C) Each medically fragile foster caregiver is a member of the treatment team and shall help develop and implement the service plan for each child as prescribed by the recommending agency.

(D) Occupancy limitations for a medically fragile foster home.

(1) With the exception of the provisions of paragraph (E)(2) of this rule, a medically fragile foster caregiver may provide foster care for not more than five foster children, two of whom may have intensive needs requiring their placement in a medically fragile foster home. Any exceptions to the number of medically fragile foster children to be served, must have specific justification in accordance with the agency’s policy for matching foster children and medically fragile foster caregivers pursuant to rule 5101:2-5-13 of the Administrative Code. Such justification, which may include the need to place a sibling group, or the abilities of a particular family in relation to the intensive needs of a particular child, shall be documented in the child’s case record and in the medically fragile foster home record. If more than two medically fragile foster children are placed in a medically fragile foster home, all agencies holding custody of any other children placed in the home shall be notified by the foster care program within seventy-two hours of placement.

(2) A medically fragile foster caregiver who is also an appropriately trained and licensed professional such as a registered nurse, social worker, professional counselor, psychologist or teacher, or who has a minimum of a bachelor’s degree in a child development or social services field and five years of child care experience and training related to serving children in foster care, and whose primary means of support is from reimbursement as a medically fragile foster caregiver, may provide care for not more than five medically fragile foster children placed in the caregiver’s home.

(3) Children placed in a foster home on or prior to March 31, 2005 shall not be moved to another placement solely to meet the requirements of paragraphs (D)(1) or (D)(2) of this rule.

(E) A medically fragile foster caregiver or at least one member of a medically fragile foster caregiver couple or co-parent shall have consultation at least every two weeks and at least monthly face-to-face contact with the recommending agency’s professional staff. At least one of the face-to-face contacts every two months shall be in the medically fragile foster home.

(F) A medically fragile foster caregiver shall prepare, and keep current, a written record of each medically fragile child’s emotional response to treatment and progress towards achieving the treatment goals as identified in the child’s service plan. The written record shall include signed documents of treatment provided by any health care professional, as well as records of any hospitalizations and hospital emergency room or urgent medical care visits. All documentation shall be maintained current and kept in the manner prescribed by the medically fragile foster care program.

(G) Under the direction of the treatment team leader, a medically fragile foster caregiver shall assume primary responsibility for implementing the in-home treatment strategies specified in the child’s service plan and any revisions thereto.

(H) A medically fragile foster caregiver shall work cooperatively with the family of the child according to the child’s service plan and case plan.

(I) A medically fragile foster caregiver shall perform any additional responsibilities and duties established by the recommending agency in writing for a medically fragile foster caregiver.

(J) A medically fragile foster caregiver shall attend and participate in the treatment team meetings for each child placed in the home. If the foster home for medically fragile children certificate is in the name of a couple or co-parents, only one caregiver is required to attend the treatment team meetings unless otherwise specified by the recommending agency.

Effective: 08/22/2005

R.C. 119.032 review dates: 03/31/2005 and 08/01/2010

Promulgated Under: 119.03

Statutory Authority: 5103.03

Rule Amplifies: 5103.02, 5103.03

Prior Effective Dates: 1/1/2003