Current through all regulations passed and filed through September 16, 2024
(A)
No court, agency,
resource caregiver, residential facility or any employee, volunteer, intern or
subcontractor of an agency, court or residential facility is to in any way
violate any of the following rights of children:
(1)
The right to be
free from physical, verbal, and emotional abuse and inhumane
treatment.
(2)
The right to be protected from all forms of sexual
abuse and exploitation.
(3)
The right to receive timely and consistent access
to:
(a)
Housing
that is a clean and safe living environment, free of infestation and
contaminants. This includes the right to enter their housing at any time during
their placement.
(b)
Food in accordance to rule
5101:2-7-06 or
5101:2-9-20 of the
Administrative Code. This includes the right to have other special
considerations regarding food as a result of trauma included in their service
and/or case plan.
(c)
Clothing appropriate to the child's age and gender
identity. This includes the right to participate and provide input regarding
the selection of their clothing.
(4)
The right to
privacy and personal belongings.
(5)
The right to
their own money. As age and developmentally appropriate, the right to earn
their own money, open a bank account, and be provided guidance on how to save
and spend money. For youth age fourteen and older, this is to be addressed as a
part of the youth independent living plan pursuant to rule
5101:2-42-19 of the
Administrative Code.
(6)
The right to visitation and communication with parents,
siblings, other family members, non-related kin, friends and significant others
from whom they are living apart, in accordance with the child's service or case
plan. Unless restricted in the case plan or in accordance to paragraph (E) of
this rule, the youth has the right to communicate with these persons in
private.
(7)
The right to contact their attorney, caseworker,
custodial agency worker, probation officer, court appointed special advocate
(CASA) and guardian ad litem (GAL) as well as other professionals involved with
the youth in private, within twenty-four hours of the request. Each of the
phone numbers for these individuals and the recommending and custodial agency
hotline is to be accessible to the youth.
(8)
The right to have
their opinions heard and be included when any decisions are being made
affecting their lives. As age or developmentally appropriate, this includes the
right to be invited to and prepared for meetings and court hearings including
information about their permanency options.
(9)
The right to
receive timely, adequate, and appropriate medical care, dental services, vision
care, and mental health services. This includes the right to have appointments
scheduled and be transported to these appointments.
(10)
The right to
enjoy freedom of thought, conscience, and religion or to abstain from the
practice of religion.
(11)
The right to receive appropriate and reasonable
guidance, support, and supervision from adults in their lives including
parents, resource caregivers, agency staff, mentors, youth advisory boards, and
others, as applicable.
(12)
The right to participate in an appropriate educational
program including the following:
(a)
The right to provide their input regarding selection of
schools consistent with the Every Student Succeeds Act (ESSA)
2015.
(b)
The right to participate in educational and school
related activities, without any barriers to access.
(c)
For youth aged
fourteen and older, the right to have access to information regarding
vocational and post-secondary educational programs and financial assistance for
post- secondary education.
(13)
The right to
life skills preparation pursuant to rule
5101:2-42-19 of the
Administrative Code.
(14)
The right to participate in age-appropriate
extracurricular, enrichment, and social activities per section
2151.315 of the Ohio Revised
Code.
(15)
The right to protection against being discriminated
against or harassed on the basis of race, sex, gender, gender identity, sexual
orientation, disability, religion, color or national origin.
(B)
The
custodial agency is to ensure the foster youth bill of rights and/or a copy of
the JFS 01677 "Foster Youth Rights Handbook" pursuant to rule
5101:2-42-90 of the
Administrative Code, along with the agency's complaint procedure, pursuant to
rule 5101:2-33-20 of the
Administrative Code, are explained to each child as developmentally appropriate
and provided to all children in custody.
(C)
A residential
facility is to include the foster youth bill of rights in the handbook for
residents and their families required pursuant to rule
5101:2-9-15 of the
Administrative Code. The residential agency is to ensure the following:
(1)
Children in the
care of the agency have ongoing access to the handbook for residents and youth
aged fourteen and older have ongoing access to the JFS 01677.
(2)
The list of the
foster youth bill of rights along with the facility's complaint procedure
pursuant to rule
5101:2-9-24 of the
Administrative Code is to be clearly posted in each facility so that it may be
easily seen by all children.
(D)
An agency
operating a foster care or independent living program is to include the foster
youth bill of rights in any handbook used by the agency for children in the
care of the agency. The agency is to ensure children in the care of the
agency:
(1)
Are
provided the list of foster youth bill of rights and the agency's complaint
procedure which are explained to each child as developmentally appropriate and
provided to all children.
(2)
Have ongoing access to the handbook, if applicable, and
the agency's complaint procedure.
(3)
Youth aged
fourteen and older have ongoing access to the JFS 01677.
(E)
Restrictions upon a child's rights should be reserved only
for instances where it is necessary for the health and safety of the child or
others. If an agency places any restrictions upon a child's rights for more
than two hours, the agency is to:
(1)
Inform the child immediately and the child's custodian
within twenty-four hours of the conditions of and the reasons for the
restriction of rights.
(2)
Place a written report summarizing the conditions of
and reasons for the restriction of the child's rights in that child's record
maintained pursuant to rule
5101:2-5-10 and /or
5101:2-33-70 of the Administrative Code.
(3)
Inform the
individual of the conditions of and reasons for the action, as appropriate,
when a restriction of a child's rights affects another
individual.
(4)
Document review of this decision at least weekly. Any
such restriction is to be included in the service and/or case plan and approved
by the child's custodian.
(F)
Nothing in this
rule prevents a resource caregiver or residential facility from providing care,
supervision, and discipline pursuant to rule
5101:2-7-09 or
5101:2-9-21 of the
Administrative Code.
(G)
If the rights of a youth, as established in this rule,
conflict with the rights of a resource family or resource caregiver, as
established in rule
5101:2-42-20 of the
Administrative Code, the rights of the youth is to preempt the rights of the
resource family or resource caregiver.
(H)
The rights
established by this rule do not create grounds for a civil action against the
department, the recommending agency, or the custodial agency.
Replaces: 5101:2-5-35
