Section 7 AAC 41.213 - Behavior guidance(a) A licensed child care provider described in 7 AAC 41.200(a)(1) shall meet the applicable requirements of 7 AAC 5.535. A provider described in 7 AAC 41.200(a)(2), (3), or (4) shall meet the applicable behavior guidance of the accrediting, certifying, or approving agency.(b) A provider described in 7 AAC 41.200(a)(5) and (6) shall (1) help a child to develop age-appropriate patterns of behavior that foster constructive relationships and increasing ability to deal with everyday life;(2) provide for positive reinforcement, redirection, and the setting of realistic expectations and clear and consistent limits; and(3) ensure that discipline or a behavior management technique used is not cruel, humiliating, or otherwise damaging to the child.(c) A provider described in 7 AAC 41.200(a)(5) or (6) may not (1) remove a child in care from the other children for more than 10 minutes, except as provided in (d) of this section;(2) discipline a child in care in association with food or rest;(3) punish a child in care for bedwetting or actions in regard to toileting or toilet training;(4) subject a child in care to discipline administered by another child;(5) subject a child in care to verbal abuse, to derogatory remarks about the child or members of the child's family, or to threats to expel the child from the child care;(6) place a child in care in a locked room;(7) physically restrain a child in care, except when necessary to protect a child from accident to protect persons on the premises from physical injury, or to protect property from serious damage; for purposes of an exemption under this paragraph, only passive physical restraint may be used;(8) mechanically restrain a child in care, except for a protective device such as a seatbelt; or(9) chemically restrain a child in care, except on the order of a physician and subject to the provisions of 7 AAC 10.1070.(d) When a child has a pattern of out-of-control behavior, a provider described in 7 AAC 41.200(a)(5) or (6) may remove the child from the company of other children until the child's behavior has stabilized. Exclusionary practices must only be used as a last resort in extraordinary circumstances where there is a serious safety concern that cannot be reduced or eliminated with reasonable accommodations. In addition, the child care provider shall develop a plan with the child's parent to provide individualized social and emotional intervention support for the child while the child is in care. The plan must include methods for understanding the child's behavior, and developing, adopting, and implementing a team-based positive behavior support plan with the intent to reduce challenging behavior and prevent suspensions and expulsions.(e) Corporal punishment of children in care is prohibited. For purposes of this subsection, "corporal punishment" (1) means the infliction of bodily pain as a penalty for a disapproved behavior; and(2) includes shaking, spanking, delivering a blow with a part of the body Or an object, slapping, punching, pulling, and any other action that seeks to induce pain.Eff. 1/5/2017, Register 221, April 2017; am 10/31/2019, Register 232, January 2020