Ariz. Admin. Code § 6-5-7456

Current through Register Vol. 30, No. 25, June 21, 2024

Section R6-5-7456 - Behavior Management

A. A licensee shall have written behavior management policies and procedures which shall:

1. Be developmentally appropriate for the children in care;

2. Be designed to encourage and support the development of self-control;

3. Describe the following:

a. Behavior expectations of children;

b. Consequences for violations of the licensee's policies and rules which shall be:

i. Reasonably related to the violation; and

ii. Administered without prolonged and unreasonable delay;

c. Physical restraint and restrictive behavior management techniques used by the licensee;

d. The kinds of behaviors warranting use of physical restraints or restrictive behavior management techniques;

e. The licensee's methods of documenting use of physical restraints or restrictive behavior management techniques;

f. Behavior management techniques which require supervisory authorization or written documentation before being used;

g. The licensee's process for supervisory review to evaluate whether staff properly applied the restraints or techniques in a particular case; and

h. Behavior management techniques prohibited by the licensee.

B. The licensee's staff are responsible for control and discipline of children in care. The licensee shall not allow children to discipline other children.

C. The licensee shall not threaten a child or allow any child to be subjected to maltreatment, abuse, neglect, or cruel, unusual, or corporal punishment, including the following practices:

1. Spanking or paddling a child;

2. All forms of physical violence inflicted in any manner upon the body;

3. Verbal abuse, ridicule, or humiliation;

4. Deprivation of shelter, bedding, food, water, clothing, sufficient sleep, or opportunity for toileting;

5. Force-feeding, except as prescribed by a licensed medical practitioner;

6. Placing a child in seclusion;

7. Requiring a child to take a painfully uncomfortable position, such as squatting or bending for extended periods of time; and

8. Administration of prescribed medication or medication dosage without specific physician authorization.

D. To determine whether a licensee has violated subsection (C)(7), the Licensing Authority shall consider all the circumstances at the time of the action, including the following:

1. The child's physical condition;

2. Whether the child was taking any medications that may have affected the child's ability to perform the action, such as psychotropic medications or antibiotics;

3. The climatic conditions under which the child was performing the action, such as intense heat or cold, rain, or snow;

4. The level of force, if any, the licensee used to require the child to perform the activity and whether any use of force resulted in injury to the child; and

5. Whether the activity was consistent with the licensee's program description and procedures.

E. The behavior management practices listed in this subsection are restricted. A licensee may use a restricted practice only when the licensee satisfies the conditions listed in subsection (F) and any additional conditions listed in this subsection.

1. Required physical exercises such as running laps or performing push-ups, and assignment of physically strenuous activities, except:

a. As expressly prescribed in a child's service plan and as part of a regular physical conditioning program, or as part of a work experience that meets the requirements of R6-5-7449(F) and (G);

b. With documented clearance by a physician who is knowledgeable about the physical activities in which the child will participate; and

c. Within sight supervision of staff.

2. Disciplinary measures taken against a group because of the individual behavior of a member of the group.

3. Denial of visitation or communication with significant persons outside the facility solely as a consequence for inappropriate behavior.

4. Use of a mechanical restraint unless:

a. The licensee's policy lists the qualifications of staff allowed to use the restraint;

b. Staff allowed to use the restraint have received training in the proper use of the restraint;

c. The licensee has documentation of the restraint training in the personnel file of the staff member;

d. Use of the restraint is authorized in a child's individual service plan; and

e. Staff have tried less restrictive measures which have failed.

5. Physical restraint, except:

a. When the child needs restraint to prevent danger to the child or danger to another; and

b. After staff have tried less restrictive measures which have failed.

F. A licensee may use a restricted practice only when the practice and the circumstances warranting its use are:

1. Consistent with the licensee's program description and purpose;

2. Described in the licensee's behavior management policy;

3. Used as prescribed in this Section; and

4. Not otherwise prohibited by these rules.

G. If a licensee cannot use a specific physical restraint or behavior management technique on a particular child, the child's service plan shall describe the restriction.

Ariz. Admin. Code § R6-5-7456

Adopted effective July 1, 1997; filed with the Secretary of State's Office May 15, 1997 (Supp. 97-2).