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Minnesota Legislature

Office of the Revisor of Statutes

9503.0055 BEHAVIOR GUIDANCE.

Subpart 1.

General requirements.

The applicant must develop written behavior guidance policies and procedures, and the license holder must see that the policies and procedures are carried out. The policies and procedures must:

A.

ensure that each child is provided with a positive model of acceptable behavior;

B.

be tailored to the developmental level of the children the center is licensed to serve;

C.

redirect children and groups away from problems toward constructive activity in order to reduce conflict;

D.

teach children how to use acceptable alternatives to problem behavior in order to reduce conflict;

E.

protect the safety of children and staff persons; and

F.

provide immediate and directly related consequences for a child's unacceptable behavior.

Subp. 2.

Persistent unacceptable behavior.

The license holder must have written procedures for dealing with persistent unacceptable behavior that requires an increased amount of staff guidance and time. The procedures must specify that staff:

A.

observe and record the behavior of the child and staff response to the behavior; and

B.

develop a plan to address the behavior documented in item A in consultation with the child's parent and with other staff persons and professionals when appropriate.

Subp. 3.

Prohibited actions.

The license holder must have and enforce a policy that prohibits the following actions by or at the direction of a staff person:

A.

Subjection of a child to corporal punishment. Corporal punishment includes, but is not limited to, rough handling, shoving, hair pulling, ear pulling, shaking, slapping, kicking, biting, pinching, hitting, and spanking.

B.

Subjection of a child to emotional abuse. Emotional abuse includes, but is not limited to, name calling, ostracism, shaming, making derogatory remarks about the child or the child's family, and using language that threatens, humiliates, or frightens the child.

C.

Separation of a child from the group except as provided in subpart 4.

D.

Punishment for lapses in toilet habits.

E.

Withholding food, light, warmth, clothing, or medical care as a punishment for unacceptable behavior.

F.

The use of physical restraint other than to physically hold a child when containment is necessary to protect a child or others from harm.

G.

The use of mechanical restraints, such as tying.

For children with developmental disabilities or children under the age of five, as specified in parts 9525.0004 to 9525.0036, physical and mechanical restraints may be permitted if they are implemented in accordance with the aversive and deprivation procedures governed by parts 9525.2700 to 9525.2810.

Subp. 4.

Separation from the group.

No child may be separated from the group unless the license holder has tried less intrusive methods of guiding the child's behavior which have been ineffective and the child's behavior threatens the well being of the child or other children in the center. A child who requires separation from the group must remain within an unenclosed part of the classroom where the child can be continuously seen and heard by a program staff person. When separation from the group is used as a behavior guidance technique, the child's return to the group must be contingent on the child's stopping or bringing under control the behavior that precipitated the separation, and the child must be returned to the group as soon as the behavior that precipitated the separation abates or stops. A child between the ages of six weeks and 16 months must not be separated from the group as a means of behavior guidance.

Subp. 5.

Separation report.

All separations from the group must be noted on a daily log. The license holder must ensure that notation in the log includes the child's name, staff person's name, time, date, and information indicating what less intrusive methods were used to guide the child's behavior and how the child's behavior continued to threaten the well being of the child or other children in care. If a child is separated from the group three times or more in one day, the child's parent shall be notified and notation of the parent notification shall be indicated on the daily log. If a child is separated five times or more in one week or eight times or more in two weeks, the procedure in subpart 2 must be followed.

Subp. 6.

Children with developmental disabilities.

For children with developmental disabilities or children under the age of five, as specified in parts 9525.0004 to 9525.0036, the standards governing the use of aversive and deprivation procedures in parts 9525.2700 to 9525.2810 apply.

Statutory Authority:

MS s 245A.02; 245A.09; 252.28; 256B.092

History:

13 SR 173; 18 SR 2244; L 2005 c 56 s 2

Published Electronically:

October 8, 2007