Ohio Admin. Code 5120:1-3-02 - Licensing requirements for a halfway house or community residential center as a licensed facility

(A) The division of parole and community services shall be is charged with the inspection, supervision and licensing of halfway houses or othercommunity residential centers as licensed facilities.

(B) The division of parole and community services shall make conducts annual on- site inspections of halfway houses or community residential centers other licensed facilities under contract with the division for the purpose of conducting an audit or site inspection of the facility. Such audits or site inspection shall be are scheduled in advance with written notice to the person in charge of the halfway house or other licensed facility community residential center.

(C) During the inspection, auditors employed by the division of parole and community services shall have full access to all areas of a halfway house or community residential center other licensed facility and to all records, including electronically stored record or data, relating to the operation of the facility, including offender files.

(D) The auditors employed by the division of parole and community services shall ascertain compliance with performance based and/or program specific standards the general and specific halfway house standards set forth in the Administrative Code.

(1) Within thirty forty-five calendar days after an audit or a site inspection, , the division of parole and community services shall will prepare a written report of the results. The report shall that describes and include a summary of any findings of noncompliance. The report shall will be sent to the person in charge of the halfway house or other licensed facility community residential center.

(2) In addition to the appeal rights granted under section 119.12 of the Revised Code, the division of parole and community services will allow licensed halfway house and community residential center managers to administratively appeal adverse decisions regarding licensure of the halfway house or other licensed facility community residential center. The appeal procedure shall be is as follows:

(a) Notification shall be given in writing to the licensed facility of The licensed facility will be provided with a written report detailing the particulars of such failures or deficiencies:

(b) The licensed facility has the right to an administrative appeal of a fair hearing during the thirty-day forty-five calendar day period following notification receipt of the written report, at which time evidence can be submitted to rebut, clarify, or correct particulars detailed in the written reportoutlined in such notification.

(c) The division of parole and community services shall require requires the licensed facility to correct these deficiencies within thirty forty-five calendar days from notification or to submit an acceptable plan and timetable to remedy these areas.

(3) An appeal of an adverse decision on licensure taken pursuant to paragraph (D)(2) of this rule shall does not affect the authority of the division of parole and community services to terminate a contract with a facility at any time pursuant to the terms of the contract.

(4) The scope of the administrative appeal authorized under paragraph (D)(2) of this rule is limited to reviewing an adverse decision on licensure and does not include challenging a decision by the division of parole and community services to terminate a contract with a licensed facility pursuant to the contract's terms or any other purpose.

(E) For halfway houses and community residential centers other facilities to be licensed, they must comply with the general and specific halfway house performance-based and program specific standards set forth in as required by the Administrative Code or have plans to remedy deficiencies as approved by the division of parole and community services.

(F) The public or private entity operating a licensed facility shall will 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 will maintain a copy of the following items:

(1) Articles of incorporation or constitution;

(2) By-laws;

(3) Federal tax identification number;

(4) Federal tax exemption number;

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

Notes

Ohio Admin. Code 5120:1-3-02

Effective: 7/1/2024
Five Year Review (FYR) Dates: 4/12/2024 and 01/17/2029
Promulgated Under: 119.03
Statutory Authority: 2967.26, 2967.14, 5120.01
Rule Amplifies: 2967.14, 2967.26
Prior Effective Dates: 04/01/1982, 07/01/1996, 12/15/2010, 04/15/2019