Ohio's Families and Children Rule Review Site

5101:2-5-35 Children's rights.

This rule is no longer open for comment. However, here you can view an archived, read-only version of the rule and any associated comments.

NOTE: This rule is being reviewed for 30 days for the purpose of the five-year rule review requirements.

(A) No agency, foster caregiver or residential facility or any employee of an agency or residential facility shall in any way violate any of the following rights of children:

(1) The right to enjoy freedom of thought, conscience, and religion or to abstain from the practice of religion.

(2) The right to reasonable enjoyment of privacy.

(3) The right to have his or her opinions heard and be included, to the greatest extent possible, when any decisions are being made affecting his life.

(4) The right to receive appropriate and reasonable adult guidance, support, and supervision.

(5) The right to be free from physical abuse and inhumane treatment.

(6) The right to be protected from all forms of sexual exploitation.

(7) The right to receive adequate and appropriate medical care.

(8) The right to receive adequate and appropriate food, clothing, and housing.

(9) The right to his own money and personal property in accordance with the child's service or case plan.

(10) The right to live in clean, safe surroundings.

(11) The right to participate in an appropriate educational program.

(12) The right to communicate with family, friends and "significant others" from whom he is living apart, in accordance with the child's service or case plan.

(13) The right to be taught to fulfill appropriate responsibilities to himself and to others.

(B) A residential facility shall include the above list of children's rights in the handbook for residents and their families required pursuant to rule 5101:2-9-15 of the Administrative Code.

(C) An agency operating a foster care or independent living program shall include the list of children's rights identified in paragraph (A) of this rule in any handbook used by the agency for children in the care of the agency.

(D) If an agency places any restrictions upon a child's rights for more than two hours, the agency shall:

(1) Inform the child and the child's custodian 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 of the Administrative Code;

(3) When a restriction of a child's rights affects another individual, inform the individual, as appropriate, of the conditions of and reasons for the action;

(4) Document review of this decision at least weekly. Any such restriction shall be included in the service plan and approved by the child's custodian.

Effective: 10/01/2011
R.C. 119.032 review dates: 06/13/2011 and 09/01/2016
Promulgated Under: 119.03
Statutory Authority: 5103.02, 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/01/86, 02/01/88, 07/02/90 (Emer.), 10/01/90, 01/01/91, 03/17/94, 10/01/97 (Emer.), 12/30/97, 7/1/00, 12/11/06