18 Miss. Code. R. 6-1-A-II-I

Current through August 31, 2024
Section 18-6-1-A-II-I - BEHAVIOR SUPPORT AND MANAGEMENT

Behavior support and management are defined as the use of specialized interventions to guide, redirect, modify, or manage behavior of children. Behavior management includes a wide range of actions and interventions used in a broad continuum of settings in which adults are responsible for the care and safety of children. Behavior management includes the entire spectrum of activities from preventative and planned use of the environment, routines, and structure of the particular setting; to less restrictive interventions such as positive reinforcement, verbal interventions, de-escalation techniques, loss of privileges; to more restrictive interventions such as time-out and physical escorts.

Behavior management intervention with children by DFCS employees, licensed resource parents and licensed child caring facilities focuses on using positive means to teach appropriate self-management skills to children, promoting positive behavior and protecting the safety of service recipients and staff. Restrictive interventions that include isolation, manual, mechanical and chemical restraints, and locked seclusion are strictly prohibited. The use of encouragement and praise of positive behavior are seen as better agents for changing behavior in children than the use of punishment and aversive techniques.

The use of behavior management interventions by DFCS staff, licensed resource parents, and licensed child caring facilities shall be guided by State and Federal Statue, as well as generally accepted best practice standards promulgated by national accreditation organizations. All DFCS employees shall receive training on Non-Violent Crisis Intervention within twelve (12) months of the hire date and the annual refresher training thereafter. This training is offered by the Division of Human Resources Staff Development Unit. The supervisor of the DFCS staff member is responsible for providing verification of attendance at the training to the DFCS PDU where training records will be maintained on all DFCS staff. All DFCS licensed resource parents shall receive the Mississippi Parents As Tender Healers (MS PATH) pre-service training, which includes instruction on behavior management in the family setting, prior to being licensed. They are also required to sign an Affirmation of Understanding Regarding MDHS Policy Forbidding the Use of Corporal Punishment By Resource Parents (MDHS-SS-457A - See Section F).

Prohibitions

DFCS prohibits the use of any restrictive behavior management interventions and activities that infringe on the civil rights of children in any discipline or behavior management used by staff, licensed resource parents and licensed facilities.

The following forms of discipline must never be used:

1. Corporal punishment.
2. Any punishment of a physical nature, such as shaking, striking, spanking or physical abuse.
3. Any punishment that would constitute emotional or verbal abuse, such as humiliation, ridicule, name-calling, cursing or degrading remarks regarding the child or his/her family.
4. Punishment administered by one child to another child.
5. Punishment that consists of making a child complete physical exercises (particularly of a military nature); such as running laps, doing repetitive sets of sit-ups, etc.
6. Denial of meals, snacks, sleep, daily exercise and other daily needs.
7. Denial of visits, telephone calls, or mail contacts with family, attorney, siblings, DFCS worker, or pre-adoptive family.
8. Denial of educational services.
9. Denial of an opportunity to attend religious services and or religious counseling.
10. Assignment of excessive work or work that is age and developmentally inappropriate.
11. Use of manual or mechanical restraints.
12. Punishment as a group based on one individual's behavior.
13. Use of psychotropic medication for the purpose of chemical restraint and behavioral control.
14. Any form of discipline that is out of proportion to the particular inappropriate behavior.
15. Painful or aversive stimuli.
16. Cruel and unusual punishment of any kind.
17. Any intervention designed to inflict psychological harm or physical pain.
18. Locked seclusion as a punishment, consequence or sanction.
19. Isolation.
A.Confidential Information

When it is necessary for DFCS to request information from another organization/agency such as medical or mental health records of foster children, children not in custody, or parent(s)/guardians in order to complete investigations or provide services, the Consent to Disclose Information form must be used. (See Form DFCS 528 on the DFCS Connection Website/forms) . The following information must be included on the form:

a. The name of the organization/agency who holds the records;
b. The name of the person/position with authority to release the records;
c. The name of the person whose information will be released;
d. The authorization signature of the DFCS worker or parent/guardian if the child is not a foster child;
e. The specific information to be released;
f. The purpose for which the information is to be used;
g. The date the release takes effect;
h. The date the release expires, not to exceed 90 days from the date authorization is given for a one-time release of information;
i. The name of the person or position to whom the information is to be released;
j. The original of the form shall be placed in the client's paper file;
k. Blanket release forms cannot be used in service delivery. Each time it is necessary to obtain confidential information, a new form must be completed and signed by the client; and
l. A copy of the form shall be given to the client, if applicable.
1.Release of DFCS Record Material

All information obtained while working with families and children is confidential and will be disclosed by consent from a client or a person legally authorized to consent on behalf of the client or by court order. MISS. CODE ANN. § 43-21-261 is the only exception when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identified person.

When a request is received for information from a DFCS case file by another agency or by a client, Form DFCS 552, Release of Information for Disclosure of DFCS Case Record, shall be completed and signed by the client/ person legally responsible for the client prior to the release of any DFCS case file information. (See Form DFCS 552 on the DFCS Connection Website/forms)

* The original of the form shall be placed in the client's paper file;

* A narrative shall be entered into MACWIS detailing the circumstances of the file release and verifying the client's understanding of the form and its purpose;

* A copy of the form shall be given to the client; and

* A copy of the form shall be sent to the agency receiving the case file information.

18 Miss. Code. R. 6-1-A-II-I

Amended 5/7/2015
Amended 5/29/2015
Amended 8/29/2015
Amended 11/28/2015
Amended 6/23/2016
Amended 7/31/2016