Section 3680.43. Agency discipline

(a) The legal entity shall ensure that a discipline policy is developed in accordance with the requirements established by an applicable service-specific chapter promulgated by the Department.

(b) If the agency operates programs for which no service-specific chapters apply, the legal entity shall establish, and ensure adherence to, a written policy governing the discipline of children.

(c) The policy shall:

(1) Stress praise and encouragement.

(2) Prohibit abusive or degrading practices, including:

(i) Ridicule, verbal abuse or threats, or derogatory or humiliating remarks.

(ii) Physical punishment inflicted upon the body.

(iii) Punishment for bedwetting or actions related to toilet training.

(iv) Delegation of discipline to another child or group of children, except as part of an organized self-government program that is conducted in accordance with written policy and directly supervised by staff.

(v) Denial of food, water, shelter, sufficient sleep, clothing or bedding.

(vi) Denial of elements of the individual service plan (ISP).

(vii) Denial of communication with or visiting by or with the family.

(viii) Assignment of physically strenuous exercise or work solely as punishment.

(ix) Requiring a child to remain silent for long periods of time.

(x) Group punishment for the misbehavior of an individual child.

(xi) Delegation of discipline to persons not known by the child.

(d) With the exception of programs subject to Title 6500 of the Children and Youth Manual to be codified at Chapter 3820 (relating to secure residential facility) and Chapter 3760 (relating to secure detention facility), no programs operated by the agency may use a method of physical restraint, isolation, security or physical barriers which prohibit a child’s egress. Locks may be used only as a means of external security to keep persons out or to deny access to a certain area of the facility in which the program operates.

(e) With the exceptions noted in subsection (d), the agency shall ensure that the programs it operates use only passive physical restraint to control a child’s behavior.

The provisions of this § 3680.43 adopted January 23, 1987, effective July 23, 1987, 17 Pa.B. 392.

Notation

Authority

The provisions of this § 3680.43 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. § § 201—211, 701—774, 901—922 and 1001—1080).