Ohio's Families and Children Rule Review Site

5101:2-9-16 Visiting and communications.

Posted: August 15th, 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. To view the full discussion on a previously highlighted text segment, click the "View Discussion" icon on the appropriate sidebar link.

Please note: rule is being reviewed for five-year review.

(A) A residential facility shall develop procedures to ensure that arrangements for visitation and communication between the child and family or friends are consistent with the case plan and that such arrangements are documented in the service plan.

(B) A residential facility shall allow a child to send and receive mail in accordance with paragraph (A)(3) of rule 5101:2-9-15 of the Administrative Code and shall be subject only to the residential facility's rules regarding contraband and directives from the child's legal custodian when such rules and directives do not conflict with federal postal regulations. A residential facility shall not open or read a child's mail unless specified in the child's case plan and/or service plan and approved by the child's custodian. A residential facility may require the child to open mail in front of a staff person if contraband is suspected and empty the package or envelope.

(C) A residential facility shall, in accordance with the service plan, allow a child access to a telephone which will permit the child to make and receive calls.

(D) A residential facility shall, in accordance with the service plan, provide privacy for visits and telephone contacts.

(E) A residential facility shall allow each child the opportunity to contact his or her attorney, caseworker, custodial agency worker, probation officer, court appointed special advocate (CASA) and guardian ad litem, by telephone or at the facility, in private, no later than twenty-four hours after the request is made by the child. If a child has a disability, the child shall have the opportunity to contact the state protection and advocacy organization.

(F) A residential facility shall designate space, which is not space in which children live, to serve as an area for private discussions and counseling sessions between children and staff.

(G) A residential facility shall ensure that a child who has access to electronic media within or outside of the facility while under the supervision of agency staff, which may include internet, cell phones and e-mail service, adheres to the agency's policy regarding communications.

Effective: 07/01/2014
R.C. 119.032 review dates: 03/11/2014 and 07/01/2019
Promulgated Under: 119.03
Statutory Authority: 5103.03
Rule Amplifies: 5103.02, 5103.03
Prior Effective Dates: 12/30/66, 10/1/86, 1/1/91, 9/1/02, 1/1/08, 12/1/10