Ohio's Families and Children Rule Review Site

5101:2-42-19.1 Requirements for independent living arrangements for independent living youth in custody

Posted: February 1st, 2018

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.

Please Note: This rule is under review for 30 days for a five year rule review. This rule regards voluntary custody, independent living and health checks for children in agency custody. The review will concentrate on clarifying areas of the rules for a clearer understanding for the PCSA/PCPA.

(A) The public children services agency (PCSA) or private child placing agency (PCPA) shall place a youth in its custody in an independent living arrangement, when appropriate. The PCPA making such arrangements shall be certified by the Ohio department of job and family services (ODJFS) pursuant to rule 5101:2-5-03 of the Administrative Code.

(B) The PCSA or PCPA shall assure that a youth's independent living arrangement meets the following standards:

(1) All associated structures are maintained in a safe state of repair and inspected annually by a certified fire inspector or the state fire marshall.

(2) The dwelling is safely and adequately heated, lighted and ventilated. Unvented kerosene heaters shall not be used, unless the heater has been approved by "Underwriter's Laboratory (www.ul.com)."

(3) Firearms or other projectile weapons and ammunition are not on the premises.

(4) An operating telephone.is accessible.

(5) The bathroom and toilet facilities are located within the building, connected to an indoor plumbing system and are operable.

(6) Garbage is disposed of on a regular basis and outside garbage is stored in covered containers or closed bags.

(7) Operable smoke alarms approved by "Underwriter's Laboratory" are on each level of occupancy.

(8) A portable chemical fire extinguisher is maintained in the cooking area and is operable.

(9) A written emergency procedure is in place that assures the youth will have twenty-four hour access to staff familiar with his or her situation.

(10) No more than five youth reside in the home. Each youth shall be provided with a bed of his or her own with no more than two youth to a bedroom.

(C) The PCSA or PCPA shall follow procedures outlined in rule 5101:2-42-65 of the Administrative Code for visitation.

(D) Nothing in this rule shall preclude an agency from using additional site, safety, and supervision requirements for independent living arrangements.

R.C. 119.032 review dates: 09/04/2013 and 09/01/2018
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5103.03
Rule Amplifies: 5101.141, 5103.03 , 5153.166
Prior Effective Dates: 10/1/89, 1/1/91, 10/1/97, 11/12/02, 10/9/06, 11/09/2009

Prior History: (Effective: 11/09/2009
R.C. 119.032 review dates: 07/31/2009 and 08/01/2014
Promulgated Under: 119.03
Statutory Authority: 5101.141, 5103.03
Rule Amplifies: 5101.141, 5103.03, 5153.166
Prior Effective Dates: 10/1/89, 1/1/91, 10/1/97, 11/12/02, 10/9/06 )