(A) Application
Any CRC which is designed to accommodate not more than one
hundred fifty children at any one time, and which believes that it meets the
requirements of Chapter 5139-35 of the Administrative Code, may apply for
approval from the department. The department will post on their website when
applications for new CRCs are being accepted.
(B) Procedure for approval
(1) As part of the application process, staff
of the department will make an on-site visit to the facility and review
supporting materials to determine the agency's compliance with the standards as
set forth in Chapter 5139-35 of the Administrative Code.
(2) The department shall make a decision on
the application and send one of the following to the applicant:
(a) A notice of approval - the applicant
meets standards set forth in Chapter 5139-35 of the Administrative Code. The
approval is effective on the date of the signature of the director or
designee.
(b) A provisional
approval - the applicant is temporarily unable to comply with one or more
standards. The provisional approval will have a plan approved by the department
to correct the areas of noncompliance in a stated time period. The provisional
approval shall be issued for no more than six months and is not
renewable.
(c) A notice of
nonapproval - the applicant has not demonstrated its compliance with the
standards set forth in Chapter 5139-35 of the Administrative Code. The notice
of nonapproval shall cite the standard(s) which has/have not been met and shall
be sent by certified mail.
(3) A notice of nonapproval is effective in
thirty days unless appealed to the department. Such appeal shall
be reviewed by the director of the department or
designeeinclude the right to have a peer
review under the provisions of paragraph (D)(1) of this
rule.
(4) Within thirty
days following the receipt of the appeal, the department shall render a
decision in writing by certified mail to the CRC or
order that a hearing be conducted to consider legal or factual issues of the
appeal.
(5)
If a hearing is conducted, the department shall
render a decision in writing by certified mail to the CRC within thirty days of
the hearing. The decision of the department shall be final.
(C) Annual inspection
(1) All facilities shall submit to an annual
inspection conducted by a department representative.
(2) The department shall be advised,
in writing, of any proposed operational change of the CRC so that the
department can determine whether the change is in conformance with Chapter
5139-35 of the Administrative Code.
(3)(2) If the department
believes that a CRC is in violation of provisions of Chapter 5139-35 of the
Administration Code, it will issue a finding of non compliance and a request
for a corrective action plan within in a timeframe established by the
department.
(4)(3) The department will
not issue a certificate of compliance until all standards have been
met.
Notes
Ohio Admin. Code
5139-35-02
Effective:
3/24/2025
Five Year Review (FYR) Dates:
12/12/2024 and
03/24/2030
Promulgated
Under: 111.15
Statutory Authority: 5139.04
Rule
Amplifies: 5139.04
Prior Effective Dates: 12/11/1988, 01/30/2009,
10/30/2014, 12/12/2019
