9 CAR § 31-305. 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) Case plan activities; (2)(A) Denial of parental visits or regular phone and mail contact with family. (B) Nondisciplinary case 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; (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. (e) Physical restraint: (1) Shall be initiated only by a trained staff, only to prevent injury to: (A) The child; (B) Other people; or (C) Property; and (2) Shall not be initiated solely as a form of discipline. (f)(1)(A) Physical restraints shall be performed using minimal force and time necessary. (B) “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. (2) Briefly holding a child without undue force in order to calm or comfort or holding a hand to safely escort a child from one (1) area to another is not considered a physical restraint. (g) Documentation of all physical restraints shall: (1) Be maintained; and (2) Include the: (A) Child’s name; (B) Date; (C) Time; (D) Reason; (E) Staff involved; and (F) Measures taken prior to restraint. (h) A child shall not be allowed to administer discipline, except teen parents may discipline their own children under the supervision and guidance of staff. (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.