9 CAR § 31-1106. Behavior management

(a) The agency shall have a written discipline policy that is consistently followed. (b) Discipline shall be directed toward teaching the child acceptable behavior and self-control. (c) Discipline shall be appropriate to the child’s: (1) Age; (2) Development; and (3) History. (d) The following disciplinary actions shall not be used: (1) Denial of: (A) Meals; (B) Sleep; (C) Shelter; (D) Essential clothing; or (E) Treatment plan activities; (2)(A) Denial of parental visits or regular phone and mail contact with family. (B) Nondisciplinary treatment planning issues are accepted; (3) Lewd or obscene language; (4) Derogatory comments about the child or the child’s: (A) Family; (B) Race; or (C) Gender; (5) Restriction to a room for more than a short period of time without periodic observation; (6) Restriction to a dark room or area; (7) Locked isolation, psychiatric facilities excepted; (8) Physical injury or threat of bodily harm; (9) Humiliating or degrading action; (10) Extremely strenuous work or exercise; or (11) Mechanical or chemical restraints, psychiatric facilities excepted. (e) Physical restraint: (A) Shall be initiated only by trained staff, only to prevent injury to: (i) The child; (ii) Other people; or (iii) Property; and (B) Shall not be initiated solely as a form of discipline. (f)(1) Physical restraints shall be performed using minimal force and time necessary. (2) “Physical restraint” means the application of physical force without the use of any device for the purposes of restraining the free movement of a resident’s body. (3) Briefly holding a child, without undue force, in order to calm or comfort them or holding a hand to safely escort a child from an initial area to another area is not considered a physical restraint. (g) Documentation of all restraints shall be maintained and include the: (1) Child’s name; (2) Date; (3) Time; (4) Reason; (5) Staff involved; and (6) Measures taken prior to restraint. (h) A child shall not be allowed to administer discipline. (i) Searches of a child or a child’s personal property shall be for reasons limited to: (1) Safety and security of children and staff; (2) Cases of suspected theft; or (3) Suspicion of possession of items that are not permitted by agency policy. (j) Any searches requiring removal of clothing shall be: (1) Done in privacy; and (2) Witnessed by two (2) staff of the same gender as the child.