N.M. Admin. Code § 7.8.3.80

Current through Register Vol. 35, No. 23, December 10, 2024

Section 7.8.3.80 - DISCIPLINE

A. Discipline used by a facility licensed pursuant to these regulations will be such that it trains the child to develop self control and orderly conduct in relationship to peers and adults.

B. Discipline shall be clear and understandable to the child, consistent, and explained to the child before and at the time of any disciplinary action.

C. Discipline shall include positive guidance, redirection, and the setting of clear cut limits which foster the child's own ability to become self disciplined.

D. Disciplinary practices established by the facility shall be designed to encourage the child to be fair, to respect property, and to assume personal responsibility and responsibility for others.

E. Examples of positive discipline include, but are not limited to, the following:

(1) Brief, supervised separation from the peer group.

(2) Giving additional responsibility for tasks.

(3) Withholding recreational privileges.

(4) Adding study periods, supervised by a responsible staff member.

F. A facility licensed pursuant to these regulations is prohibited from using all cruel, severe, unusual or unnecessary punishments including, but not limited to, the following:

(1) Physical exercises such as running laps or performing push-ups, when used solely as a means of punishment.

(2) Requiring or forcing the child to take an uncomfortable position, such as squatting or bending, or requiring or forcing the child to repeat physical movement when used solely as a means of punishment.

(3) Excessive denial of on-grounds program services or denial of any essential program services solely for disciplinary purposes.

(4) Depriving a child necessary food, water, rest, or opportunity for toileting.

(5) Denial of visiting or communication privileges solely as a means of punishment.

(6) Denial of shelter, clothing, or bedding

(7) Extensive withholding of emotional response or stimulation.

(8) Use of restraints as punishment.

(9) Exclusion of a child from entry to the facility.

(10) Verbal abuse such as shouting, screaming, swearing, name calling or any other verbal activity that is damaging to a child's self respect.

(11) Any form of discipline or punishment which is intended to frighten or humiliate a child.

(12) Spanking, hitting, shaking, or otherwise engaging in aggressive physical contact with a child.

(13) Seclusion or isolation of a child in a locked room. EXCEPTION: Facilities licensed pursuant to these regulations are allowed the use of seclusion or security rooms with policies and procedures for their use and under constant staff supervision during their use.

N.M. Admin. Code § 7.8.3.80

7.8.3.80 NMAC - N, 05/15/01