10-148-33 Me. Code R. § 9

Current through 2024-46, November 13, 2024

Section 148-33-9 - CHILD GUIDANCE

A.Positive methods of Child guidance. Providers and Staff Members must use positive methods of Child guidance which encourage self-control, self-direction, self-esteem, communication of wants and needs, and cooperation with others. Child guidance must meet the individual needs of each Child.

B.Consistent and reasonable application of program rules. Rules, expectations and limits must be clearly and consistently applied and carried out in a manner that reflects a Child's developmental ability.

C.Constructive methods of guidance. The Provider and Staff Members must use only constructive methods of guidance. This may include, but is not limited to, interventions such as:

1. Conflict resolution,

2. Encouraging the use of language skills,

3. Redirecting,

4. Providing choices,

5. Using praise or positive reinforcement,

6. Recognizing a Child's strengths,

7. Allowing Children to take supervised breaks away from the group when needed,

8. Reminding Children of expectations using positive, clear language,

9. Teaching self-regulation,

10. Modeling appropriate behavior, and

11. Allowing for individual differences.

D.Detrimental practices. Actions that have a reasonable likelihood to be harmful to Children are strictly prohibited. The Provider must ensure that no Child is subjected to an action or practice detrimental to the welfare of Children, including, but not limited to:

1. Corporal punishment. Corporal punishment means physical actions harmful to a Child's body, including, but not limited to, the following

a. Slapping, striking, shaking, shoving, spanking, pinching, twisting, kicking, biting, ear pulling or ear twisting;

b. Forcing a Child to taste or eat spicy, bitter or otherwise distasteful products for the purpose of Discipline;

c. Spraying with water as a means of controlling behavior;

d. Placing tape over a Child's mouth;

e. Mechanical restraints, such as tying a Child to a chair;

f. Requiring or forcing a Child to take an uncomfortable position such as: squatting, kneeling, standing and holding arms outstretched at sides or overhead, bending, or requiring or forcing a Child to repeat physical movements; or

2. Other forms of aggressive contact harmful to a Child's body. Cruel or severe punishment, humiliation, or verbal abuse, including but not limited to:

a. Shaming and embarrassing;

b. Punishing for soiling, wetting or not using the toilet; or

c. Humiliating or verbally abusing a Child in any other way.

3. Withholding food, drink, rest or outdoor playtime as punishment or threat of punishment, or being forced to eat or drink against the Child's will;

4. Exposing a Child to profane language, depictions of violence, use of illicit drugs or sexual content;

5. Requiring a Child to be silent or inactive as a disciplinary measure for a period exceeding that Child's age in minutes;

6. Unusual confinement, including but not limited to developmentally inappropriate use of high chairs, play yards, cribs or leaving a Child unattended in any room;

7. Withholding any adaptive equipment that would result in loss of a Child's independence;

8. Using physical restraints, unless trained, and with the review and approval of a Licensed clinician;

9. Lack of supervision;

10. Derogatory remarks to or about Children or Parents; or

11. Rough handling.

10-148 C.M.R. ch. 33, § 9