Section 5-A141. POSITIVE BEHAVIOR SUPPORT

 

141.1 A Licensee shall inform staff, volunteers, parents, and children of the Facility’s behavioral expectations for children.

 

141.2 A Licensee shall use positive methods of child guidance that meet the individual needs of each child and encourage self-control, self-direction, self-esteem and cooperation.

141.3 A Licensee shall apply rules, expectations and limits consistently for all children and in a manner consistent with a child’s developmental ability.

 

141.4 Positive behavior support  or discipline shall not include any of the following methods of discipline and the use of any of them by the Licensee, and the staff members, is prohibited:

 

(a) Physical harm, including but not limited to, punching, pinching, shaking, shoving, pushing, spanking, striking, kicking, biting, yanking, strangling, kneeing, poking, or plucking;

 

(b) Fear, shaming, intimidation, or humiliation;

 

(c) Derogatory remarks or profane language;

 

(d) Confinement in a locked room or an enclosed area where a child cannot be seen or supervised by Facility staff;

 

(e) Force feeding against a child’s will;

 

(f) Withholding of food, water, rest, toilet use, outdoor activities, or outdoor play; or

 

(g) Physical or chemical restraints.

 

141.5 Separation from other children or planned program activities when used as behavior management or discipline shall be brief in duration and shall be appropriate to the child’s age and developmental level and to the circumstances necessitating the discipline.  A separated child shall remain in the same room as a supervising staff member.

 

141.6 Authority to manage behavior or discipline shall never be delegated to another child.

 

 

authority

Sections 3(b)(6A), 3(b)(9), 3(b)(9A), 3(b)(11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code §§ 38-2602(b)(6A), (b)(9), (b)(9A), and (b)(11)) (2012 Repl. & 2016 Supp.)); the Day Care Policy Act of 1979, effective September 19, 1979 (D.C. Law 3-16; D.C. Official Code §§ 4-401 et seq. (2012 Repl. & 2016 Supp.)) (“Day Care Act”); Mayor’s Order 2009-3, dated January 15, 2009; the Child Development Facilities Regulation Act of 1998, effective April 13, 1999 (D.C. Law 12-215; D.C. Official Code §§ 7-2031 et seq. (2012 Repl.)) (“Facilities Act”); Mayor’s Order 2009-130, dated July 16, 2009; Sections 503 and 504 of the Early Intervention Program Establishment Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 7-863.03 and 7-863.04 (2012 Repl.)); Mayor’s Order 2009-167, dated September 28, 2009; Titles I and II of the Child and Youth, Safety and Health Omnibus Amendment Act of 2004 (“CYSHA”), effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 1-620.31 et seq. and §§ 4-1501.01 et seq. (2012 Repl. & 2016 Supp.)); and the Healthy Tots Act of 2014, effective February 26, 2015 (D.C. Law 20-155; D.C. Official Code §§ 38-281 et seq. (2016 Supp.)); and pursuant to the Social Security Act, approved February 22, 2012 (Pub.L. 112-96; 42 U.S.C. § 618(c)); the Child Care and Development Block Grant Act of 2014 (“CCDBG Act”), approved November 19, 2014 (Pub.L. 113-186; 42 U.S.C. §§ 9858 et seq.), and regulations promulgated thereunder at 45 C.F.R. Parts 98 and 99.

source

Final Rulemaking at 63 DCR 14640 (December 2, 2016).