Bill Title: To prohibit a public children services agency, private child placing agency, private noncustodial agency, or juvenile court from placing an abused, neglected, or dependent child in an out-of-state residential facility that does not comply with Ohio policies regarding client rights, use of restraints and isolation or seclusion, agency reporting requirements, and behavior intervention and discipline policies.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-12-13 - To Judiciary & Ethics
[HB392 Detail]Download: Ohio-2011-HB392-Introduced.html
As Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Representatives Grossman, Combs
Cosponsors:
Representatives Pelanda, Garland, Stinziano, Maag, Yuko, Boyd, Hagan, C., Letson, Hall
A BILL
| To enact sections 5103.24, 5103.241, 5103.25, and | 1 |
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5103.26 of the Revised Code to prohibit a public | 2 |
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children services agency, private child placing | 3 |
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agency, private noncustodial agency, or juvenile | 4 |
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court from placing an abused, neglected, or | 5 |
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dependent child in an out-of-state residential | 6 |
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facility that does not comply with Ohio policies | 7 |
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regarding client rights, use of restraints and | 8 |
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isolation or seclusion, agency reporting | 9 |
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requirements, and behavior intervention and | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5103.24, 5103.241, 5103.25, and | 12 |
5103.26 of the Revised Code be enacted to read as follows: | 13 |
Sec. 5103.24. As used in this section and sections 5103.241, | 14 |
5103.25, and 5103.26 of the Revised Code, "residential facility" | 15 |
has the same meaning as in section 5103.20 of the Revised Code. | 16 |
No public children services agency, private child placing | 17 |
agency, private noncustodial agency, or juvenile court shall place | 18 |
an abused, neglected, or dependent child in a residential facility | 19 |
located in another state unless the residential facility complies | 20 |
with all of the core standards established pursuant to section | 21 |
5103.26 of the Revised Code that apply to a facility of that type. | 22 |
Sec. 5103.241. (A) Not later than one year after the | 23 |
effective date of this section, and each year thereafter, the | 24 |
department of job and family services shall prepare a report that | 25 |
includes all of the following information: | 26 |
(1) The number of abused, neglected, or dependent children | 27 |
who have been placed in residential facilities located in other | 28 |
states; | 29 |
(2) The names of the agencies or courts that placed those | 30 |
children; | 31 |
(3) The names of the residential facilities in which those | 32 |
children were placed. | 33 |
(B) The report shall not contain any information that | 34 |
identifies the children. | 35 |
(C) The department shall submit a copy of each report to the | 36 |
governor and, in accordance with section 101.68 of the Revised | 37 |
Code, the general assembly. Copies of the report shall be made | 38 |
available to the public on request. | 39 |
Sec. 5103.25. A contract between a public children services | 40 |
agency, private child placing agency, private noncustodial agency, | 41 |
or juvenile court and a residential facility located in another | 42 |
state regarding the placement of an abused, neglected, or | 43 |
dependent child shall include all of the following: | 44 |
(A) The core standards established pursuant to section | 45 |
5103.26 of the Revised Code governing client rights, use of | 46 |
restraints and isolation or seclusion, agency reporting | 47 |
requirements, and behavior intervention and discipline policies; | 48 |
(B) A requirement that the residential facility annually | 49 |
report to the agency or court how it demonstrates compliance with | 50 |
the core standards; | 51 |
(C) A requirement that the residential facility notify the | 52 |
agency or court when its licensure or certification status changes | 53 |
or when it is the subject of a substantiated finding or penalty. | 54 |
Sec. 5103.26. (A) As used in this section: | 55 |
(1) "Prone restraint" means all items or measures, including | 56 |
physical or mechanical restraints, used to limit or control the | 57 |
movement or normal functioning of any portion, or all, of a | 58 |
person's body while the person is in a facedown position for an | 59 |
extended period of time. | 60 |
(2) "Transitional hold" means brief physical positioning of a | 61 |
person facedown for the purpose of quickly and effectively gaining | 62 |
physical control of that person in order to prevent harm to the | 63 |
person or others, or prior to transport to enable the person to be | 64 |
transported safely. | 65 |
(B) The department of job and family services shall, not | 66 |
later than ninety days after the effective date of this section, | 67 |
adopt rules in accordance with Chapter 119. of the Revised Code | 68 |
that establish core standards for client rights, use of restraints | 69 |
and isolation or seclusion, agency reporting requirements, and | 70 |
behavior intervention and discipline policies that apply to the | 71 |
placement of an abused, neglected, or dependent child in a | 72 |
residential facility located in another state. The rules shall | 73 |
include core standards that do all of the following: | 74 |
(1) Incorporate rules adopted by the department of job and | 75 |
family services pursuant to sections 5103.03 and 5103.0316 of the | 76 |
Revised Code, the department of alcohol and drug addiction | 77 |
services pursuant to sections 3793.02 and 3793.06 of the Revised | 78 |
Code, the department of developmental disabilities pursuant to | 79 |
sections 5123.19 and 5126.08 of the Revised Code, and the | 80 |
department of mental health pursuant to sections 5119.01, 5119.22, | 81 |
and 5119.61 of the Revised Code that relate to client rights, use | 82 |
of restraints and isolation or seclusion, agency reporting | 83 |
requirements, and behavior intervention and discipline policies; | 84 |
(2) Prohibit the use of the prone restraint; | 85 |
(3) Permit the use of the transitional hold only when all of | 86 |
the following conditions are met: | 87 |
(a) The transitional hold is applied by staff with current | 88 |
training on the safe use of this procedure, including how to | 89 |
recognize and respond to signs of distress in the child; | 90 |
(b) The transitional hold is applied in a manner that does | 91 |
not compromise breathing, including the compromise that occurs | 92 |
with the use of any of the following: | 93 |
(i) Pressure or weight bearing on the back; | 94 |
(ii) Soft devices such as pillows under a child's face or | 95 |
upper body; | 96 |
(iii) The placement of a child's or staff's arms under the | 97 |
child's head, face, or upper body. | 98 |
(c) The transitional hold is applied only for the amount of | 99 |
time reasonably necessary to bring the child or situation under | 100 |
control and ensure the safety of those involved; | 101 |
(d) The transitional hold is applied with consistent and | 102 |
frequent monitoring during and after its use to ensure that the | 103 |
child is safe and suffers no harm. | 104 |
(4) Prohibit other types of physical restraint unless there | 105 |
is a risk of escape or harm to the child or others; | 106 |
(5) Prohibit the use of hand cuffs, ankle cuffs, or similar | 107 |
devices on children; | 108 |
(6) Prohibit the use of physical or chemical restraint, | 109 |
medication, or isolation for any of the following purposes: | 110 |
(b) For staff convenience; | 112 |
(c) As a substitute for treatment. | 113 |
(7) Prohibit the use of physical or chemical restraint, | 114 |
medication, or isolation that is excessive or in a quantity that | 115 |
precludes habilitation and treatment. | 116 |
Section 2. Section 5103.25 of the Revised Code, as enacted by | 117 |
this act, applies in the following manner to contracts regarding | 118 |
the placement of abused, neglected, or dependent children in | 119 |
residential facilities located in other states: | 120 |
(A) The provisions of that section apply to all new contracts | 121 |
entered into on or after the date that is one hundred twenty days | 122 |
after the effective date of this act. | 123 |
(B) In the case of an existing contract that was entered into | 124 |
before the effective date of this act or is entered into during | 125 |
the period beginning on the effective date of this act and ending | 126 |
on the one hundred nineteenth day after the effective date of this | 127 |
act, the provisions of that section apply to the contract on the | 128 |
earlier of the following: | 129 |
(1) The date when the contract is renewed; | 130 |
(2) The date that is four hundred fifty days after the | 131 |
effective date of this act. | 132 |