Section 5139-36-09 - Personnel(A) Each CCF shall have a personnel manual that complies with state and federal law. Employees are required to sign statements acknowledging access to and awareness of personnel policies and regulations. The personnel manual shall be available to employees, and the general public. It will cover, at a minimum, the following areas: (3) Recruitment and selection(5) Job qualifications and job descriptions(8) Grievance and appeal procedures(19) Disciplinary procedures(23) Conflict of interest(B) The CCF hiring policies, procedures and practices shall be in accordance with sections 2151.86 and 109.572 of the Revised Code.(C) There are written job descriptions and job qualifications for all positions. Each job description includes, at a minimum: job title, position responsibilities, required minimum experience, and education.(D) Each prospective employee at the time of initial application, will be informed that as a precondition to employment, he/she shall complete a BCII prescribed record check form and provide a set of fingerprint impressions. (1) The prospective employee's failure to report criminal convictions or moving traffic violations will be considered cause for progressive discipline, including separation from employment.(2) The CCF will require that prospective employees, who will have direct contact with the juvenile population, receive a physical examination.(E) The CCF will make provisions for subsequent record checks to be done annually, for at least ten per cent of all employees.(F) The CCF will have a written policy, procedure, and practice that provide for a current, accurate, and confidential personnel record for each employee. Any confidential medical/psychological information obtained by the CCF that is confidential will be maintained and kept separate from personnel records, and only the director and other authorized personnel may access the record.(G) A written procedure exists whereby employees may challenge information in his/her personnel file and have it corrected or removed if proved inaccurate.(H) There is a written employee grievance procedure that is available to all employees.(I) The staffing requirement for personnel is determined to ensure juveniles have access to staff twenty-four hours a day and to programs and services. When juveniles are present during waking hours: (1) During waking hours, there will be one staff member for every eight youth.(2) Gender appropriate staff supervision will be on duty at all times when female and male juveniles are present.(3) A ratio of sixteen youth to one staff member will be required for sleeping hours.(4) Staffing patterns will also reflect additional staff for appropriate security and control during times of special need (e.g., suicide watches, court transports, emergency transports, or emergency medical situations). In these types of occurrences, minimum staff-to-juvenile supervision ratios must be maintained.(J) The CCF will have a written policy and procedure providing for provisional appointment to ensure the availability of personnel for short-term, full-time, or part time work in an emergency situation.(K) The CCF will ensure that all employees or contract personnel required by law to possess professional licensure or certification are so licensed or certified.(L) All CCF programs shall be in compliance with all state and federal regulations for the prevention and control of infectious and communicable diseases.(M) All employees of the CCF will be tested for TB and shall receive annual retesting for TB.(N) There is a written policy and procedure that specifies support for a drug free workplace for all employees. This policy, which is reviewed annually, includes, at a minimum, the following: (1) Prohibition of the use of illegal drugs(2) Prohibition of possession of any legal drug, except in the performance of official duties.(3) Procedures to be used to ensure compliance.(4) Opportunities available for treatment and/or counseling for drug abuse.(5) Penalties for violation of the policy.Ohio Admin. Code 5139-36-09
Effective: 12/23/2022
Five Year Review (FYR) Dates: 10/6/2022 and 12/23/2027
Promulgated Under: 119.03
Statutory Authority: 5139.04
Rule Amplifies: 5139.23, 5139.36, 5139.33
Prior Effective Dates: 02/03/2004, 10/16/2017