New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 2 - Family and Children's Services › Part 417 - Family Day Care Homes › Section 417.9 - Behavior management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 family day care registrant must establish and follow a written plan for
			 behavior management that is acceptable to the office. This plan must include
			 how the program will approach challenging behaviors, help children solve
			 problems, and encourage acceptable behaviors.
(b) The caregivers must use acceptable
			 techniques and approaches to help children solve problems.
(c) The program must provide copies of the
			 behavior management plan to all caregivers and parents.
(d) Discipline must promote positive
			 self-esteem in children and guide children in such a way as to help each child
			 develop self-control and assume responsibility for his or her actions through
			 clear and consistent rules and limits appropriate to the ages and development
			 of the children in care.
(e) Any
			 discipline used must relate to the child's action and be handled without
			 prolonged delay on the part of the caregiver so that the child is aware of the
			 relationship between his or her actions and the consequences of those
			 actions.
(f) Isolating a child in a
			 closet, darkened area, or any area where the child cannot be seen and
			 supervised by the caregiver is prohibited.
(g) When a child's behavior harms or is
			 likely to result in harm to the child, others or property, or seriously
			 disrupts or is likely to seriously disrupt group interaction, the child may be
			 separated briefly from the group, but only for as long as is necessary for the
			 child to regain enough self-control to rejoin the group. The child must be
			 placed in an area where he or she is in the view of, and can be supervised and
			 supported by a caregiver. Interaction between a caregiver and the child must
			 take place immediately following the separation to guide the child toward
			 appropriate group behavior. Separation of a child from the group in a manner
			 other than that provided for herein is prohibited.
(h)
Physical restraint is
			 prohibited.
Physical restraint is the act of using force to extremely
			   limit a child's body movements for a lengthy period of time. It involves
			   holding a child against his/her will and putting pressure on the child's chest
			   and/or extremities in an effort to significantly restrict his/her movement,
			   thereby making it extremely difficult for a child to move. It may also involve
			   holding a child flat on the ground and restricting his/her body from
			   movement.
(i)
Physical
			 intervention is permitted.
Physical intervention is the act of using bodily contact
			   as a short- term immediate response to prevent children from incurring
			   substantial or serious injury to themselves or injuring others. It may involve:
			   picking a child up and moving him or her away from danger or conflict, holding
			   the child's hands or gently touching the body to direct their movement, rocking
			   a child to soothe them, blocking a child's path when they are about to injure
			   themselves or others or destroy property. This technique allows the child to
			   regain self-control as quickly and safely as possible. A consultation with a
			   child's parent is required if the child is not receptive to physical
			   intervention.
(j)
Corporal punishment is prohibited.
For the purposes of this Part, the term corporal
			   punishment means punishment inflicted directly on the body including, but not
			   limited to, physical restraint, spanking, biting, shaking, slapping, twisting
			   or squeezing; demanding excessive physical exercise, prolonged lack of movement
			   or motion, or strenuous or bizarre postures; and compelling a child to eat or
			   have in the child's mouth soap, hot spices, irritants or the
			   like.
(k) Withholding or
			 using food, rest or sleep as a punishment is prohibited.
(l) A child may only be disciplined by a
			 caregiver.
(m) Methods of
			 discipline, interaction or toilet training which frighten, demean or humiliate
			 a child are prohibited.