NDAC 75-03-08-23
Discipline - Punishment prohibited
Cite as N.D. Admin. Code ยง 75-03-08-23
Disregard of any of the following disciplinary rules or any disciplinary measure resulting in physical
or emotional injury, or neglect or abuse, to any child is grounds for denial or revocation of a provider's
license.
1.
Discipline must be constructive or educational in nature and may include diversion, separation
from the problem situation, talking with the child about the situation, praising appropriate
behavior, or gentle physical restraint, such as holding. A child may not be subjected to
physical harm, fear, or humiliation.
2.
Authority to discipline may not be delegated to or be administered by children.
3.
Separation, when used as discipline, must be appropriate to the child's development and
circumstances. The child must be in a safe, lighted, well-ventilated room within sight or
hearing range of a staff member responsible for caring for or teaching children. A child may
not be isolated in a locked room or closet.
4.
A child may not be punished for lapses in toilet training.
5.
A staff member may not use verbal abuse or make derogatory remarks about the child, the
child's family, race, or religion when addressing a child or when in the presence of a child. A
staff member may not use profane, threatening, unduly loud, or abusive language in the
presence of a child.
6.
A staff member may not force-feed a child or coerce a child to eat, unless medically prescribed
and administered under a medical provider's care.
7.
A staff member may not use deprivation of snacks or meals as a form of discipline or
punishment.
8.
A staff member, household member, or any other adult in the family child care may not kick,
punch, spank, shake, pinch, bite, roughly handle, strike, mechanically restrain, or physically
maltreat a child.
9.
A staff member may not force a child to ingest substances that would cause pain or
discomfort, for example, placing soap in the mouth of a child to deter the child from biting
other children.
10.
A staff member may not withhold active play from a child as a form of discipline or
punishment, beyond a brief period of separation.