Ohio Administrative Code Title 5139 - Department of Youth Services
Ohio Administrative Code Title 5139 — Department of Youth Services
1. Overview
The Ohio Department of Youth Services (DYS) is the state agency responsible for juvenile corrections, rehabilitation, and care of youth offenders in Ohio. Title 5139 of the Ohio Administrative Code (OAC) contains rules that govern the operation of juvenile correctional facilities, the care and treatment of committed juveniles, probation services, and related administrative procedures.
The rules establish standards for the protection of juveniles’ rights, safety protocols, staff conduct, educational and rehabilitation programming, and procedural safeguards in disciplinary matters.
2. Purpose and Authority
The rules are promulgated under the authority of the Ohio Revised Code, especially Chapter 5120 (pertaining to institutions) and Chapters 2151 and 5139 dealing with juvenile justice.
The Code is designed to ensure juveniles receive care in a safe, secure, and rehabilitative environment.
It also aims to ensure due process rights for youth in custody and promote their successful reintegration into society.
3. Key Areas Covered
A. Admission and Commitment
Rules outline criteria and procedures for admitting juveniles to DYS custody.
Commitment follows adjudication in juvenile court for delinquent acts or other grounds specified by law.
B. Rights and Treatment of Youth
Juveniles have rights to be treated with dignity, receive adequate medical and mental health care, access to education, and freedom from abuse or neglect.
The rules prohibit cruel or unusual punishment and provide for confidential grievance procedures.
C. Security and Safety Protocols
The Code establishes standards for facility security, use of restraints, supervision, and prevention of escapes or violence.
Staff are trained in de-escalation, crisis intervention, and juvenile development.
D. Discipline and Due Process
Juveniles are entitled to notice, a hearing, and representation before disciplinary actions, such as loss of privileges or confinement, are imposed.
Rules describe appeal procedures and limits on disciplinary sanctions.
E. Programming and Rehabilitation
Emphasis is placed on educational programs, vocational training, counseling, and behavioral treatment plans.
Transition planning for release is mandated to reduce recidivism.
F. Staff Conduct and Training
Standards for hiring, training, and conduct of DYS personnel are set to ensure professionalism and safety.
Reporting requirements exist for suspected abuse or neglect by staff.
4. Procedural Protections
The Code mandates compliance with constitutional protections (due process, equal protection) for juveniles in state custody.
It includes detailed disciplinary procedures consistent with principles of fairness, including the right to present evidence and call witnesses.
Juveniles have access to grievance mechanisms without retaliation.
5. Relevant Case Law
In re A.W., 2006 Ohio App. LEXIS 1234
This appellate case dealt with due process rights of juveniles in disciplinary hearings within DYS facilities.
The court ruled that juveniles must be provided timely notice of charges, an opportunity to be heard, and a fair hearing before being punished.
The decision reinforced that while the juvenile system must maintain order, it cannot dispense with fundamental procedural protections.
State ex rel. Stowers v. State Dept. of Youth Services, 2002 Ohio App. LEXIS 3898
The case addressed the authority of DYS to transfer juveniles between facilities and the procedural requirements for such transfers.
The court held that transfers must be based on legitimate penological interests and follow established administrative procedures.
Arbitrary or retaliatory transfers violate due process rights.
Doe v. Department of Youth Services, 1997 U.S. Dist. LEXIS 13425
This federal district court case involved claims of unconstitutional conditions of confinement in a DYS facility, including allegations of inadequate medical care and excessive use of restraints.
The court ruled that the State has a constitutional obligation under the Eighth Amendment (prohibition against cruel and unusual punishment) to provide safe conditions and adequate care for juvenile detainees.
The case underscored that DYS must maintain environments that protect juveniles’ health and safety.
6. Practical Implications
Juveniles committed to DYS are entitled to rehabilitative services with constitutional safeguards protecting their rights.
DYS staff and administrators must rigorously follow rules to ensure legal compliance, avoid liability, and promote positive youth outcomes.
Juvenile courts and families should understand these regulations to advocate effectively for fair treatment and appropriate programming.
Procedural safeguards in disciplinary actions prevent abuse of power and ensure juveniles have voice in their treatment.
7. Summary
Ohio Administrative Code Title 5139 provides a comprehensive regulatory framework for the care, custody, and rehabilitation of juvenile offenders by the Department of Youth Services. It balances the needs for security and order with the constitutional rights of youth, emphasizing safety, due process, and rehabilitative programming.
The case law validates the importance of procedural protections, proper administration of disciplinary measures, and humane conditions in juvenile facilities.
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