Section He-C 4002.18 - Interactions Between and Among Adults and Children(a) Child care staff shall nurture and encourage each child in care by providing each child with a variety of developmentally appropriate learning and social experiences and establishing and maintaining a learning environment that provides for the emotional well-being of each child.(b) When a child is engaging in unacceptable behavior, child care staff shall:(1) Redirect a child's attention to a desirable activity by providing positive guidance, positively worded directions, and developmentally appropriate explanations for limits and rules;(2) Establish developmentally appropriate rules or limits for acceptable behavior, which are equitable, consistently applied, and developmentally appropriate;(3) Demonstrate desired behavior and problem-solving skills and then redirect children to acceptable behavior;(4) Arrange equipment, materials, activities, and schedules in a way that promotes desirable behavior; and(5) Implement safe, logical, and natural consequences related to the misbehavior and enforce those consequences as soon as possible after the misbehavior has occurred.(c) Child care staff shall use separation, or time out only as a method to enable a child to regain control of his or herself, and not as a punitive disciplinary technique.(d) When a child is separated from the group, he or she shall be able to see and hear the other children and be within hearing and vision of child care staff, except when child care staff remove a child from the classroom to a quieter area which is visible by other child care staff, to provide one-on-one attention.(e) Child care staff and household members shall not:(1) Abuse or neglect children;(2) Use rough handling on children;(3) Use corporal punishment on children;(4) Require children to stand or sit facing walls or corners;(5) Shame, humiliate, threaten, or frighten children;(6) Confine infants or toddlers in high chairs or other seating devices or equipment, which restricts their movement, as a disciplinary technique;(7) Place or confine children in equipment that is not appropriate for their age, including but not limited to cribs, playpens, or highchairs;(8) Withhold food from children, forcibly feed children, or discipline children for not eating;(9) Discipline any child for toileting accidents, lapses in toileting habits, or prohibiting children from using the toilet as a form of discipline;(10) Use isolation as a form of discipline;(11) Require children to rest, sleep, or go to their mat, crib, or rest area as a means of discipline, or discipline children for not sleeping or resting during naptime;(12) Yell in anger or frustration at or with children; or(13) Use profanity or obscene language with children or among themselves where children can hear them.(f) The applicant, licensee, permittee, and all child care staff shall take prompt action to protect children from abuse, neglect, and corporal punishment, including but not limited to actions in (e) above.(g) If a child's actions poses an imminent serious safety risk to the child or others that could result in serious bodily harm, child care staff may move the child to another area, holding the child as gently as possible and as briefly as necessary to protect the child and others.(h) If a child has multiple incidents as described in (g) above, and does not respond to techniques described in (b) above, the center director, site coordinator, or family child care provider shall consult with parents to design an effective behavior management plan.(i) Staff shall notify the center director, site director, site coordinator, or family child care provider on the same day when interactions with a child in accordance with (g) and (h) above occur.(j) The center director, site director, site coordinator, or family child care provider shall notify parents on the same day of an occurrence reported to them in accordance with (i) above.(k) All child care staff working with the child shall review and implement the behavior management plan in (h) above, and shall be trained on when and how to safely use any physical management techniques as specified, which shall be documented in the staff's file.(l) The program shall ensure that parents have access to the program, the child care staff primarily involved with their children, and to their children, at any time children are in attendance and without prior notification. This requirement shall not prohibit the program from locking the doors for security purposes or checking parent's identification.(m) The only exceptions to (l) above shall be if there is a court order or other legal documentation limiting parental access.(n) During the operating hours of the program, parents shall have an opportunity to communicate with the child care staff who care for their child.(o) Child care staff shall not:(1) Be impaired while on the job by any substances including, but not limited to, legally prescribed medication, alcohol, or illegal substances; and(2) Use alcohol or illegal substances while caring for children.N.H. Admin. Code § He-C 4002.18
#4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97
New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08 (from He-C 4002.20 )
Amended by Volume XXXVI Number 49, Filed December 8, 2016, Proposed by #12046, Effective 11/19/2016, Expires 5/18/2017.Ss by #12174, EMERGENCY RULE, eff 5-17-17, EXPIRES: 11-13-17;Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12415, Effective 11/6/2017, Expires 11/6/2027.Amended by Volume XLII Number 19, Filed May 12, 2022, Proposed by #13373, Effective 4/22/2022, Expires 4/22/2032