(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