N.J. Admin. Code § 3A:53-4.12

Current through Register Vol. 56, No. 24, December 18, 2024

Section 3A:53-4.12 - Discipline and control

(a) The shelter facility or shelter home shall have written policies and procedures regarding discipline and control, which shall be maintained on file, explained, and be made available in writing to all children, parent(s), and staff members.

(b) The discipline, control, or supervision of the children in a shelter facility or shelter home shall be the responsibility of the staff members or shelter home parents and that responsibility shall not be delegated to the children.

(c) Disciplinary practice of shelter facility staff members or shelter home parents shall be designed to assist the children in developing self-control and an ability to conform to accepted levels of social behavior.

(d) Shelter facilities or shelter homes that use time out as a means of disciplining children and to teach them self-control shall:

1. Develop written guidelines and criteria for staff members using time out with children;

2. Discontinue the time out as soon as the child is under instructional control;

3. Ensure that the length of time for each time out does not exceed 30 minutes; and

4. Ensure that the time out does not take place in a closet, bathroom, unfinished basement, unfinished attic, stairway, locked room, or other area not intended or routinely used for occupancy by children.

(e) A child's rights in a shelter facility or shelter home shall never be removed or discontinued for purposes of discipline, control, or punishment; however, the deprivation of a child's privileges may be used as a disciplinary technique.

(f) The shelter facility or shelter home coordinator shall prohibit the following types of punishment:

1. Any type or threat of physical hitting or any type of corporal punishment inflicted in any manner upon the body;

2. Forced physical exercise or forcing a child to take an uncomfortable position;

3. Group punishment for misbehaviors of individuals;

4. Punishment that subjects the child to verbal abuse, ridicule, humiliation or other forms of degradation;

5. Deprivation of meals, sleep, mail, clothing appropriate to the season or time of day, verbal communication, family visits, or other basic rights;

6. Mechanical, chemical, or excessive physical restraint;

7. Assignment of unduly physically strenuous, harsh work;

8. Refusal of entry to the shelter facility or shelter home;

9. Temporary suspension and return of a child from the shelter facility or shelter home to a parent, relative, or resource family parent unless approved by the placing agency; or

10. Seclusion in a locked room.

(g) A shelter facility shall not isolate a child in a behavior management room.

N.J. Admin. Code § 3A:53-4.12

Notice of correction: Added (f).
See: 20 N.J.R. 3169(d).
Recodified from 10:124-4.11 and amended by R.2016 d.033, effective 4/18/2016.
See: 47 N.J.R. 2613(a), 47 N.J.R. 2695(a), 48 N.J.R. 649(a).
Rewrote the section. Former N.J.A.C. 10:124-4.12, Visitation, recodified to N.J.A.C. 10:124-4.13.