Cal. Code Regs. Tit. 22, § 84072.1 - Discipline Policies and Procedures

(a) The licensee shall develop, maintain and implement written facility discipline policies and procedures meeting the requirements specified in (b), (c) and (d) below.

(1) Staff, children, and authorized representatives shall receive copies of such policies and procedures, as specified in Sections 84065(o) and 84068.1(b)(4)(B).

(2) Signed copies of such policies and procedures shall be maintained in the child's record, as specified in Section 84070(c)(2).

(b) Any form of discipline which violates a child's personal rights as specified in Sections 80072 and 84072 shall be prohibited.

(c) Calls to law enforcement must be made in accordance with the facility's emergency intervention plan as specified in Section 84322. Calling or threatening to call law enforcement is prohibited as a form of discipline.

(d) Acceptable forms of discipline shall include the following:

(1) Exclusion in an unlocked living, sleeping, or play area.

(2) Institution of fines as specified in Section 84026(c).

(3) Prohibition against attendance at or participation in planned activities.

(4) Prohibition against use of entertainment devices including but not limited to telephones, televisions, radios and phonographs.

(5) Performance of additional duties related to training needs identified in the child's needs and services plan.

(6) Any other form of discipline approved in writing, in advance by the licensing agency.

(e) The licensee or staff shall not discipline a child for refusing to take their medication.

(1) Document the child's medication refusal, as specified in Section 84070(b)(16)(G)1., and within two calendar days contact the child's prescribing physician.

(2) When determining whether a child who has not taken a prescribed psychotropic medication is able to safely participate in an activity the licensee shall use the Reasonable and Prudent Parent Standard described in Welfare and Institutions Code Section 362.05. The determination shall be based upon an individualized consideration of the specific situation and the cognitive, emotional, physical, and behavioral capacities of the child.

Notes

Cal. Code Regs. Tit. 22, § 84072.1

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.

Note: Authority cited: Section 1530, Health and Safety Code. Reference: Sections 1501 and 1531, Health and Safety Code.

1. Amendment of subsections (a)(1) and (c)(2) filed 7-26-91; operative 8-26-91 (Register 91, No. 51).
2. Amendment of subsection (a)(1) filed 6-28-99 as an emergency; operative 6-28-99 (Register 99, No. 27). A Certificate of Compliance must be transmitted to OAL by 12-27-99 pursuant to section 73, chapter 311, Statutes of 1998 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 6-28-99 order transmitted to OAL 12-14-99 and filed 1-26-2000 (Register 2000, No. 4).
4. Amendment of subsection (a), new subsection (c) and subsection relettering filed 8-28-2017; operative 10/1/2017 (Register 2017, No. 35).
5. New subsections (e)-(e)(2) filed 5-20-2020; operative 7/1/2020 (Register 2020, No. 21).
6. Amendment of subsection (e)(1) filed 3-1-2024; operative 7/1/2024 (Register 2024, No. 9).