4.38 Audio/Visual Monitoring Policy-Intermediate Care Facilities (ICF/IID) and Waiver Services

Purpose

The purpose of this policy is to establish guidelines for the use of audio and/or video monitoring devices within Intermediate Care Facilities and Waiver services, in accordance with applicable Ohio Department of Developmental Disabilities (DODD) rules 5123-2-01. This policy ensures the protection of individual rights, dignity, privacy, and safety.

Scope

This policy applies to:

• All individuals residing at Park West and Johnstown ICFs
• All individuals receiving waiver services
• Guardians and authorized representatives
• All employees, contractors, and visitors

Definitions

• Monitoring Device/Camera: Any electronic device capable of capturing, storing, monitoring or recording a person’s image. NOTE: Camera does not include simple sensors that do not rely on camera technology, alternative imaging technologies (thermal detection, motion capture, computer vision, or an avatar) used to generate non-identifiable representations, equipment used to monitor or protect outside areas of home (ring door bell or external cameras), individual’s personal device, or devices used to video call with a remote support provider/staff).
• Authorized Representative: A guardian or individual legally authorized to make decisions on behalf of a resident.
• Common Areas: Shared spaces such as hallways, living rooms, and dining areas.
• Private Areas: Bedrooms, bathrooms, and other areas where privacy is expected.

General Policy

Open Door permits the use of audio/video monitoring devices only in accordance with this policy and applicable laws. The use of such devices must balance safety interests with the individual’s right to privacy and dignity. Open Door will ensure that technology solutions are explored and documented throughout the initial and ongoing person-centered planning and assessment process to be used to the greatest extent possible to support individual outcomes.

Consent Requirements

• Monitoring devices may only be installed with informed, written consent from:
  • The individual, if they have capacity; or
  • The individual’s authorized representative.
• Consent must specify:
  • Type of monitoring (audio, video, or both)
  • Location of device
  • Purpose of monitoring
• Consent may be withdrawn at any time in writing.

Use in Private Rooms

• Monitoring in bedrooms is permitted only when:
  • Proper consent is obtained from all occupants of the room, or their representatives.
• If a roommate does not consent:
  • The facility will attempt reasonable accommodations (e.g., room change).
• Monitoring in bathrooms is strictly prohibited.

Use in Common Areas

• Monitoring in common areas may be used for health, safety, and security purposes.
• Clear signage must be posted indicating that monitoring is in use.
• Audio recording in common areas should be limited and justified.

Privacy and Dignity Protections

• Devices must be positioned to minimize intrusion into private activities.
• Staff shall not disable or tamper with approved devices.
• Monitoring must never be used for staff convenience, retaliation, or punitive purposes.
• Staff will be made aware of camera usage and are trained on individual’s usage and understanding of the equipment.

Data Storage and Access

• Recordings shall be:
  • Stored securely
  • Accessed only by authorized personnel
• Access is limited to:
  • Investigations
  • Health and safety reviews
  • Regulatory compliance
• Retention period: 30 days unless needed for investigation in which it will be stored confidentially in file with investigation records.

Confidentiality

• All recordings are considered confidential.
• Unauthorized access, use, or disclosure may result in disciplinary action.

Staff Responsibilities

• Staff must comply with all aspects of this policy.
• Staff will receive training on:
  • Resident rights
  • Proper handling of recordings
  • Reporting concerns related to monitoring

Prohibited Uses

• Hidden or covert recording devices
• Recording without proper consent
• Use in bathrooms or other prohibited areas
• Sharing recordings on personal devices or social media

Complaint and Grievance Process

• Individuals or representatives may file complaints regarding monitoring practices.
• Complaints will be investigated promptly and resolved in accordance with facility grievance procedures.

Review and Compliance

This policy will be reviewed annually and updated as needed to remain compliant with DODD regulations.

Revised: 07/01/2026

Rebecca Sharp Porter

Signed by:

Rebecca Sharp Porter
Chief Executive Director