14 Del. Admin. Code § 934-III-18.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 934-III-18.0 - Positive Behavior Supports18.1 A licensee shall have and follow an easy-to-understand written children's behavior supports statement. This statement must be given to a parent or guardian at enrollment and staff members.18.2 A licensee shall ensure that all staff use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior supports for children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation. 18.2.1 Staff shall give directions and guidance in a clear, non-threatening manner.18.2.2 In addition, staff members shall intervene quickly to ensure the safety of the child and others; redirect children by suggesting other acceptable behaviors; escort the child to a different setting when necessary and speak so children understand their feelings are important and acceptable, but their disruptive behavior is not.18.2.3 As children develop, these methods must be modified to encourage them to control their own behavior, cooperate with others, and solve problems by developing ideas about the best possible solution.18.3 A licensee shall consult with a child's parent or guardian and professionals, if necessary, to design effective positive behavioral supports or to make reasonable accommodations to comply with provisions in an IFSP or IEP and to adapt behavior supports and other practices for a child who has a special need or disability.18.4 A licensee and staff members shall teach by example by always being respectful when speaking with children and others.18.5 A licensee shall ensure that if "time-out", is used, it is used only as necessary to help the child gain control of behavior and feelings. It must be used as a supplement to, not a substitute for, other developmentally-appropriate methods of behavior support.18.5.1 "Time-out" must be limited to brief periods of no more than one (1) minute for each year of a child's age.18.5.2 "Time-out" may not be used for infants.18.5.3 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding.18.5.4 A child removed from the group or room during a "time-out" must be supervised. Before rejoining the group or at another time, a staff member must talk to the child in ways that encourages the child to make better decisions in the future.18.6 A licensee shall ensure the following actions are prohibited: 18.6.1 Roughly handling a child or physical punishment inflicted on a child's body, including, but not limited to the following: shaking, grabbing, striking, hair-pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;18.6.2 Yelling at, humiliating, or frightening children;18.6.3 Physically or sexually abusing a child;18.6.4 Making negative comments about a child's looks, ability, ethnicity, family, or other personal traits;18.6.5 Denying children food, water, or toilet use because of inappropriate behavior;18.6.6 Tying, taping, chaining, caging, or restraining a child by a means other than holding. The child may be held only as long as necessary for the child to regain control; 18.6.6.1 If the child or others are in imminent danger or a risk to themselves or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.18.6.6.2 In the event physical holding is used, documentation must occur by the staff to ensure safety for all (child and staff member).18.6.7 Punishing children for a toileting accident, or for failing to fall asleep, eat food, or complete an activity;18.6.8 Withholding physical activity as punishment; or18.6.9 Encouraging or allowing children to hit, punish, or discipline each other.14 Del. Admin. Code § 934-III-18.0
25 DE Reg. 1017 (5/1/2022) (final)