Chapter 3800 protects the health, safety and well-being of children receiving care in child residential facilities, including specifying the child and family’s rights. While Chapter 3800 does not officially apply to the state-run juvenile justice facilities, the state uses the Chapter as formal guidance in the operation of said facilities. Families and children who believe these regulations are not being followed should contact any of the resources listed in the article: Reporting Abuse in Residential Facilities.

Excerpt:

3800.31 Notification of rights and grievance procedures.

(e) A child and the child’s family have the right to lodge a grievance with the facility for an alleged violation of specific or civil rights without fear of retaliation.

(f)  The facility shall develop and implement written grievance procedures for the child, the child’s family and staff persons to assure the investigation and resolution of grievances regarding an alleged violation of a child’s rights.

§3800.32. Specific rights.

(a) A child may not be discriminated against because of race, color, religious creed, disability, handicap, ancestry, sexual orientation, national origin, age or sex.

(b) A child may not be abused, mistreated, threatened, harassed or subject to corporal punishment.

(c) A child has the right to be treated with fairness, dignity and respect.

(d)  A child has the right to be informed of the rules of the facility.

(e)  A child has the right to communicate with others by telephone subject to reasonable facility policy and written instructions from the contracting agency or court, if applicable, regarding circumstances, frequency, time, payment and privacy.

(f)  A child shall have the right to visit with family at least once every 2 weeks, at a time and location convenient for the family, the child and the facility, unless visits are restricted by court order. This right does not restrict more frequent family visits.

(g) A child has the right to receive and send mail.

(1) Outgoing mail may not be opened or read by staff persons.

(2)  Incoming mail from Federal, State or county officials, or from the child’s attorney, may not be opened or read by staff persons.

(3) Incoming mail from persons other than those specified in paragraph (2), may not be opened or read by staff persons unless there is reasonable suspicion that contraband,   or other information or material that may jeopardize the child’s health, safety or well-being, may be enclosed. If there is reasonable suspicion that contraband, or other information that may jeopardize the child’s health or safety may be enclosed, mail may   be opened by the child in the presence of a staff person.

(h) A child has the right to communicate and visit privately with his attorney and clergy.

(I) A child has the right to be protected from unreasonable search and seizure. A facility may conduct search and seizure procedures, subject to reasonable facility policy.

(j) A child has the right to practice the religion or faith of choice, or not to practice any religion or faith.

(k) A child has the right to appropriate medical, behavioral health and dental treatment.

(l) A child has the right to rehabilitation and treatment.

(m) A child has the right to be free from excessive medication.

(n) A child may not be subjected to unusual or extreme methods of discipline which may cause psychological or physical harm to the child.

(o) A child has the right to clean, seasonal clothing that is age and gender appropriate.