5120:1-3-06 Halfway house licensing standards.

 

5120:1-3-06                 Administration of licensed facilities.

 

 

 

(A)   The public or private agency entity operating a licensed facility agency shall be a legal entity or a part of a legal entity according to the provisions of Chapter 1702. of the Revised Code. The agency shall have a copy of the following items:

 

(1)   Articles of incorporation or constitution;

 

(2)   Bylaws;By-laws;

 

(3)   Federal tax identification number;

 

(4)   Federal tax exemption number, and;

 

(5)   A current list of the board of directors, their occupations and addresses.

 

(B)   The licensed facility agencyand its programs shall be managed by a facility director an executive officer or director who shall implement the policies and procedures established by the licensed facility's agency's governing authority. and The executive officer or director shall control, manage, operate, and have general charge of the facility agency and program and shall have the maintain custody of its property, files and records.

 

(C)         The licensed facility agency shall have an approved a policy and procedure/operations manual which specifically describes is accessible to all employees and volunteers, is reviewed annually and updated when necessary by the agency's governing authority. The policy and procedures/operations manual shall include a description of the agency's purpose, program, services offered and approved methods of implementation. The policy and procedure/operations manual shall also include an organizational chart that groups similar functions, services and activities in administrative subunits. Employees shall participate in the formulation of policies, procedures and programs. its purpose, program, and services offered and includes an organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the agency.

 

(D)The policy manual shall be reviewed annually and updated as needed by the agency's governing authority or its designee.

 

(E)The licensed facility shall have an operations manual which summarizes in one

 

 

 

document approved methods of implementing agency policies and provides details for standard daily operations of the program. This manual shall be accessible to staff and volunteers.

(F)(D) The licensed facility agency shall have implement a written policy which ensures that there will be no political use or abuse of offenders and that it conforms to governmental statutes and regulations relating to campaigning, lobbying, and political practices.

(G)(E) The licensed facility agency shall clarify its relationship to all funding and regulatory agencies and document its relationship through written contracts or mutual letters of agreement.

(H)(F) The licensed facility shall prepare a report of its activities, at least annually, and make it available to appropriate persons, the licensing agency, and, upon request, to the publicagency shall prepare an annual report of its activities to include both fiscal and programatic statistical information and activities. The agency shall make the annual report available to appropriate persons, the licensing agency, and upon request, to the public.

(I) The licensed facility shall meet the legal requirements of the governmental jurisdiction in which the licensed facility is located. The documentation for this standard shall include copies of all local licensing and inspection certificates indicating conformance to all local fire, health, building, and zoning regulations. It shall also include any other certification or licensing requirements not mentioned in this description.

(J) The licensed facility receiving public funds shall have the statutory authority according to the provisions of Chapter 1702. of the Revised Code or administrative authority of the responsible governmental agency to establish and operate such a facility. The licensed facility shall have on file a copy of the law or regulation granting it the authority to operate a community residential program.

(K) The licensed facility shall have provisions for submitting an unusual incident report to the licensing agency's coordinator of community residential programs when events occur that have serious internal or external ramifications or that may attract the attention of the general public and/or news media. The licensed facility shall have a written procedure regarding unusual incidents involving residents, instructing staff to also verbally notify the supervising officer or unit supervisor of the incident within one business day of the time the incident occurred, and to report the unusual incident in writing to the supervising officer or unit supervisor within two business days of the time the incident occurred. Both the verbal and written reports shall include the following information:

(1) Name and institution/docket number of the resident involved in the incident.

(2) The name and address (institution/docket number if a resident) of the victim(s) involved.

(3) Time the incident occurred.

(4) Circumstances surrounding the incident.

(5) Copies of medical report or a letter from the attending physician stating the extent of any injuries sustained as a result of the incident.

(L) The licensed facility shall have a policy of notifying all staff members of the provisions of the Gun Control Act of 1968 (26 USC 5841-5842), the provisions of sections 2923.16 to 2923.23 of the Revised Code and documentation of such notification shall be made in writing. There shall be a written notice signed by the staff member and his/her supervisor in the staff member's personnel file explaining the provisions of the Gun Control Act of 1968 (26 USC 5841-5842) and the provisions of sections 2923.16 to 2923.23 of the Revised Code.

(M) Where the licensed facility permits or requires staff to possess a weapon in the performance of his or her duty there shall be written policies controlling its possession and use in compliance with federal, state, and local laws.

(N) The licensed facility shall have a written policy and procedures to guard against conflicts of interest. This policy shall be contained within a code of ethics to be adopted by the licensed facility. This code shall include, but not be limited to, the following:

(1) Licensed facility staff shall not display favoritism or preferential treatment of one resident, or group of residents, over another.

(2) No licensed facility employee may deal with any resident except in a professional manner that will support the approved goals of the center program. Specifically, staff members must never accept for themselves, any member of their family, or others, any personal (tangible or intangible) gift, favor or service from a resident or from a resident's family or close associate, no matter how trivial the gift or service may seem. All staff are required to report to the center director any violation or attempted violation of these restrictions. In addition, no staff shall give any gifts, favors, or services to residents, their families or close associates.

(3) No licensed facility employee shall enter into any business relationship with residents or their families (e.g., selling, buying, or trading personal property).

(4) No licensed facility employee shall have any outside contact (other than incidental contact) with a resident, ex-resident under supervision, his family or close associates, except for those activities which are an approved, integral

part of the center program and a part of the employee's job description.

(5) Licensed facility employees may not engage in any conduct which is criminal in nature or which would bring discredit upon the licensed facility. The licensed facility shall ensure that the conduct of all employees is consistent with the terms, conditions, and spirit of the contract. All employees shall avoid misconduct, and the appearance of misconduct.

(6) Disciplinary action imposed by the licensed facility for any violation or attempted violation of the standards of employee conduct shall be reported, within two business days, telephonically and in writing to the coordinator of community residential programs. The coordinator of the community residential services will consult with supervisors and a determination will be made, in cooperation with the licensed facility, if the employee may continue to work with eligible releasees. Any failure to report a violation or take appropriate disciplinary action against the employee according to the licensed facility's approved policy and procedure may subject the licensed facility to appropriate action, up to and including termination of the contract.

(7) The licensed facility shall notify its employees of the standards of employee conduct and document this notification.

(O) The licensed facility shall maintain an organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the organization. This chart shall be reviewed annually and updated as needed.

(P)(G) The licensed facility shall have provisions for conducting monthly meetings with facility administrators and supervisors and staff members who are directly accountable to themThe licensed agency administrator or designee shall conduct monthly meetings with supervisors and staff.

(Q)(H) The licensed facility shall develop annual goals and objectives and submit these goals and objectives upon request to the coordinator of community residential programsThe licensed agency shall establish measurable goals and objectives that are reviewed at least annually and updated as needed. There shall be an internal system for assessing achievement of goals and objectives and implementing changes in response to the assessment results.

(R)(I) The licensed facility shall have provisions to monitor its program through an internal inspection and review conducted, at a minimum, semi-annually, by administrative or designated staff.The licensed agency shall monitor its operations through an internal quality assurance inspection. At a minimum, a semi-annual review shall be conducted by administrative or designated staff. The inspection shall include a review of compliance with licensing standards.

(S)(J) The licensed facility agency shall display, in each unit, the original licensing certificate awarded by the department of rehabilitation and correction.

Effective:                                7/1/2002

R.C. 119.032 review dates:    3/22/2002 and 01/12/2006

CERTIFIED ELECTRONICALLY

Certification

06/14/2002 03:08 PM

Date

Promulgated Under:   119.03

Statutory Authority:   2967.14, 2967.26

Rule Amplifies:           2967.14, 2967.26 Prior Effective Dates: 4/1/82, 4/17/93.