Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 6 - Division of Family and Children's Services › Chapter 1 - DFCS Policy Manual › Section 18-6-1-A - Administration › Subpart II - SERVICE DELIVERY › Section 18-6-1-A-II-I - BEHAVIOR SUPPORT AND MANAGEMENT

Current through June 25, 2024
Behavior support and management are defined as the use of
						specialized interventions to guide, redirect, modify, or manage behavior of
						children. Behavior management includes a wide range of actions and
						interventions used in a broad continuum of settings in which adults are
						responsible for the care and safety of children. Behavior management includes
						the entire spectrum of activities from preventative and planned use of the
						environment, routines, and structure of the particular setting; to less
						restrictive interventions such as positive reinforcement, verbal interventions,
						de-escalation techniques, loss of privileges; to more restrictive interventions
						such as time-out and physical escorts.
Behavior management intervention with children by DFCS
						employees, licensed resource parents and licensed child caring facilities
						focuses on using positive means to teach appropriate self-management skills to
						children, promoting positive behavior and protecting the safety of service
						recipients and staff. Restrictive interventions that include isolation, manual,
						mechanical and chemical restraints, and locked seclusion are strictly
						prohibited. The use of encouragement and praise of positive behavior are seen
						as better agents for changing behavior in children than the use of punishment
						and aversive techniques.
The use of behavior management interventions by DFCS
						staff, licensed resource parents, and licensed child caring facilities shall be
						guided by State and Federal Statue, as well as generally accepted best practice
						standards promulgated by national accreditation organizations. All DFCS
						employees shall receive training on Non-Violent Crisis Intervention within
						twelve (12) months of the hire date and the annual refresher training
						thereafter. This training is offered by the Division of Human Resources Staff
						Development Unit. The supervisor of the DFCS staff member is responsible for
						providing verification of attendance at the training to the DFCS PDU where
						training records will be maintained on all DFCS staff. All DFCS licensed
						resource parents shall receive the Mississippi Parents As Tender Healers (MS
						PATH) pre-service training, which includes instruction on behavior management
						in the family setting, prior to being licensed. They are also required to sign
						an Affirmation of Understanding Regarding MDHS Policy Forbidding the Use of
						Corporal Punishment By Resource Parents (MDHS-SS-457A -
See
Section F).
Prohibitions
DFCS prohibits the use of any restrictive behavior
						management interventions and activities that infringe on the civil rights of
						children in any discipline or behavior management used by staff, licensed
						resource parents and licensed facilities.
The following forms of discipline
must
						never be used:
1.
					 Corporal punishment.
2. Any
					 punishment of a physical nature, such as shaking, striking, spanking or
					 physical abuse.
3. Any punishment
					 that would constitute emotional or verbal abuse, such as humiliation, ridicule,
					 name-calling, cursing or degrading remarks regarding the child or his/her
					 family.
4. Punishment administered
					 by one child to another child.
5.
					 Punishment that consists of making a child complete physical exercises
					 (particularly of a military nature); such as running laps, doing repetitive
					 sets of sit-ups, etc.
6. Denial of
					 meals, snacks, sleep, daily exercise and other daily needs.
7. Denial of visits, telephone calls, or mail
					 contacts with family, attorney, siblings, DFCS worker, or pre-adoptive family.
8. Denial of educational services.
9. Denial of an opportunity to
					 attend religious services and or religious counseling.
10. Assignment of excessive work or work that
					 is age and developmentally inappropriate.
11. Use of manual or mechanical restraints.
12. Punishment as a group based on
					 one individual's behavior.
13. Use
					 of psychotropic medication for the purpose of chemical restraint and behavioral
					 control.
14. Any form of
					 discipline that is out of proportion to the particular inappropriate behavior.
15. Painful or aversive stimuli.
16. Cruel and unusual punishment
					 of any kind.
17. Any intervention
					 designed to inflict psychological harm or physical pain.
18. Locked seclusion as a punishment,
					 consequence or sanction.
19.
					 Isolation.
A.
Confidential
					 Information
When it is necessary for DFCS to request information from
						another organization/agency such as medical or mental health records of foster
						children, children not in custody, or parent(s)/guardians in order to complete
						investigations or provide services, the Consent to Disclose Information form
						must be used. (
See
Form DFCS 528 on the DFCS Connection
						Website/forms)
.
The following information must be included on
						the form:
a. The name of the
					 organization/agency who holds the records;
b. The name of the person/position with
					 authority to release the records;
c. The name of the person whose information
					 will be released;
d. The
					 authorization signature of the DFCS worker or parent/guardian if the child is
					 not a foster child;
e. The
					 specific information to be released;
f. The purpose for which the information is
					 to be used;
g. The date the
					 release takes effect;
h. The date
					 the release expires, not to exceed 90 days from the date authorization is given
					 for a one-time release of information;
i. The name of the person or position to whom
					 the information is to be released;
j. The original of the form shall be placed
					 in the client's paper file;
k.
					 Blanket release forms cannot be used in service delivery. Each time it is
					 necessary to obtain confidential information, a new form must be completed and
					 signed by the client; and
l. A
					 copy of the form shall be given to the client, if applicable.
1.
Release of DFCS Record
					 Material
All information obtained while working with families and
						children is confidential and will be disclosed by consent from a client or a
						person legally authorized to consent on behalf of the client or by court order.
						MISS. CODE ANN. §
															43-21-261
						is the only exception when disclosure is necessary to prevent serious,
						foreseeable, and imminent harm to a client or other identified person.
When a request is received for information from a DFCS
						case file by another agency or by a client, Form DFCS 552,
Release of
						Information for Disclosure of DFCS Case Record,
shall be completed and
						signed by the client/ person legally responsible for the client prior to the
						release of any DFCS case file information.
(See
Form DFCS 552
						on the DFCS Connection Website/forms)
* The original of the form shall be placed in the
						client's paper file;
* A narrative shall be entered into MACWIS detailing the
						circumstances of the file release and verifying the client's understanding of
						the form and its purpose;
* A copy of the form shall be given to the client; and
* A copy of the form shall be sent to the agency
						receiving the case file information.