NDAC 75-03-10-23
Discipline - Punishment prohibited
Cite as N.D. Admin. Code ยง 75-03-10-23
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 license denial or revocation:
1.
The child care center must have a written policy regarding the discipline of children. The
operator shall provide the policy to, and discuss the policy with, the staff members responsible
for caring for or teaching children before the child care center begins operation or before staff
members begin working with children.
2.
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.
3.
Authority to discipline may not be delegated to children nor may discipline be administered by
children.
4.
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 an adult staff member responsible for caring for or teaching children. A staff
member may not isolate a child in a locked room or closet.
5.
A child may not be punished for lapses in toilet training.
6.
A staff member may not use verbal abuse or make derogatory remarks about a child, or a
child's family, race, or religion when addressing the child or in the presence of a child.
7.
A staff member may not use profane, threatening, unduly loud, or abusive language in the
presence of a child.
8.
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.
9.
A staff member may not use deprivation of meals or snacks as a form of discipline or
punishment.
10.
A staff member or any other adult in or at the child care center may not kick, punch, spank,
shake, pinch, bite, roughly handle, strike, mechanically restrain, or physically maltreat a child.
11.
A staff member may not force a child to ingest substances that would cause pain or
discomfort, for example, placing soap in a child's mouth to deter the child from biting other
children.
12.
A staff member may not withhold active play from a child as a form of discipline or
punishment, beyond a brief period of separation.