Ohio Admin. Code 5101:2-7-09 - Care, supervision and discipline
(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,
gender, sexual identity, sexual orientation, 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 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 and their families,
races
race,
sex, gender, sexual identity, sexual orientation, religion, color or 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 including but not limited to
spitting, 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 when there is an imminent risk of physical harm:
(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 convenience.
(I)
If physical restraint is used, a foster caregiver shall:
(1) Notify the recommending agency
immediately following the use of physical restraint.
(2) Submit a detailed written report to the
recommending agency within twenty-four hours following the use of physical
restraint.
(J) If the
foster caregiver notifies the recommending agency that the caregiver used
physical restraint, the recommending agency shall:
(1) Notify the placing agency (if different)
within twenty-four hours of the receipt of the detailed written report of the
use of physical restraint from the caregiver.
(2) Place a copy of the written report of the
use of physical restraint from the caregiver in the foster child's record and
in the foster caregiver's record.
(K) A foster caregiver shall not use any form
of prone, chemical or mechanical restraint on a foster child.
(L) Any act of omission or commission by a
foster caregiver or other member of the household which results in any of the
following toward a foster child may be grounds for the denial or revocation of
a foster home certificate:
(1)
Death.
(2) Injury.
(3) Illness.
(4) Abuse.
(5) Neglect.
(6) Exploitation.
(M) Any recommendation to revoke the
certificate of a foster caregiver may be made by the recommending agency
supervising a foster home or the Ohio department of job and family
services.
(N) Concerning the
hygiene needs of a foster child, the foster caregiver shall:
(1) Ensure that:
(a) Each foster child's clothing and footwear
shall be clean, well-fitting, seasonal and appropriate to the child's age and
gender identity.
(b) Each foster
child capable of meeting their own personal hygiene needs shall be provided
with adequate personal toiletry supplies appropriate to the child's age, sex,
gender, sexual identity, sexual orientation, race and national
origin.
(2) Provide each
foster child instruction on good habits of personal care, hygiene, and grooming
appropriate to the child's age, sex, gender, sexual identity, sexual
orientation, race, national origin and need for training.
Notes
Promulgated Under: 119.03
Statutory Authority: 5103.02, 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/1966, 10/01/1986, 02/01/1988, 01/01/1991, 09/18/1996, 07/01/2000, 01/01/2003, 12/11/2006, 08/01/2009, 07/01/2014, 04/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03, 5103.02
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/1966, 10/01/1986, 02/01/1988, 01/01/1991, 09/18/1996, 07/01/2000, 01/01/2003, 12/11/2006, 08/01/2009, 07/01/2014
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