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 414 - School-age Child Care › Section 414.9 - Behavior management

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 program must establish and follow a written plan for behavior management that
			 is acceptable to the office. This plan must include how the staff will approach
			 challenging behaviors, help children solve problems and encourage acceptable
			 behaviors.
(b) The staff must use
			 acceptable techniques and approaches to help children solve problems.
(c) The program must provide copies of the
			 behavior management plan to all staff and parents of children in care at the
			 school age child care program.
(d)
			 Behavior management must promote 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 staff
			 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 a staff
			 member is prohibited.
(g) Where 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 staff member. Interaction between a
			 staff member 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,
			 foods, hot spices, irritants or the like.
(k) Withholding or using food, or rest as a
			 punishment is prohibited.
(l) A
			 child may only be disciplined by a director, group teacher or assistant
			 teacher.
(m) Methods of discipline
			 or interaction which frighten, demean or humiliate a child are
			 prohibited.