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 418 - Day Care Centers › Subpart 418-2 - Small Day Care Centers › Section 418-2.9 - 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 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 of
			   children in care at the program.
(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 Subpart, 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,
			   food, 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.