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 418-1 - Child Day Care Centers › Section 418-1.9 - 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
			   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 teacher 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 teacher. Interaction between a teacher 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,
				foods, hot spices or 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 director, group teacher or assistant
			   teacher.
(m) Methods of discipline,
			   interaction or toilet training which frighten, demean or humiliate a child are
			   prohibited.