N.Y. Comp. Codes R. & Regs. tit. 18 § 416.9

Current through Register Vol. 46, No. 45, November 2, 2024

Section 416.9 - Behavior management

(a) The group family day care licensee must establish and follow a written plan for behavior management that is acceptable to the office. This plan must include how the program will approach challenging behaviors, help children solve problems, and encourage acceptable behaviors.

(b) The caregivers must use acceptable techniques and approaches to help children solve problems.

(c) The program must provide copies of the behavior management plan to all caregivers and parents.

(d) Discipline must promote positive self-esteem in children and guide children in such a way as to help each child develop self-control and assume responsibility for his or her actions through clear and consistent rules and limits appropriate to the ages and development of the children in care.

(e) Any discipline used must relate to the child's action and be handled without prolonged delay on the part of the caregiver so that the child is aware of the relationship between his or her actions and the consequences of those actions.

(f) Isolating a child in a closet, darkened area, or any area where the child cannot be seen and supervised by the caregiver is prohibited.

(g) When a child's behavior harms or is likely to result in harm to the child, others or property, or seriously disrupts or is likely to seriously disrupt group interaction, the child may be separated briefly from the group, but only for as long as is necessary for the child to regain enough self-control to rejoin the group. The child must be placed in an area where he or she is in the view of, and can be supervised and supported by a caregiver. Interaction between a caregiver and the child must take place immediately following the separation to guide the child toward appropriate group behavior. Separation of a child from the group in a manner other than that provided for herein is prohibited.

(h)Physical restraint is prohibited.

Physical restraint is the act of using force to extremely limit a child's body movements for a lengthy period of time. It involves holding a child against his/her will and putting pressure on the child's chest and/or extremities in an effort to significantly restrict his/her movement, thereby making it extremely difficult for a child to move. It may also involve holding a child flat on the ground and restricting his/her body from movement.

(i)Physical intervention is permitted.

Physical intervention is the act of using bodily contact as a short- term immediate response to prevent children from incurring substantial or serious injury to themselves or injuring others. It may involve: picking a child up and moving him or her away from danger or conflict, holding the child's hands or gently touching the body to direct their movement, rocking a child to soothe them, blocking a child's path when they are about to injure themselves or others or destroy property. This technique allows the child to regain self-control as quickly and safely as possible. A consultation with a child's parent is required if the child is not receptive to physical intervention.

(j)Corporal punishment is prohibited.

For the purposes of this Part, the term corporal punishment means punishment inflicted directly on the body including, but not limited to, physical restraint, spanking, biting, shaking, slapping, twisting or squeezing; demanding excessive physical exercise, prolonged lack of movement or motion, or strenuous or bizarre postures; and compelling a child to eat or have in the child's mouth soap, hot spices, irritants or the like.

(k) Withholding or using food, rest or sleep as a punishment is prohibited.

(l) A child may only be disciplined by a caregiver.

(m) Methods of discipline, interaction or toilet training which frighten, demean or humiliate a child are prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 416.9

Amended New York State Register June 3, 2020/Volume XLII, Issue 22, eff. 6/3/2020