Or. Admin. Code § 419-400-0150 - Licensing Umbrella Rules: Discipline, Behavior Management and Training, and Suicide Prevention (Excluding Adoption Agencies)
(1) A child-caring agency, except a
child-caring agency licensed only to provide adoption services under OAR
419-420-0010 to
419-420-0160, must adopt and
adhere to written policies and procedures on discipline, behavior management,
and suicide prevention that meet all of the requirements of this rule.
(a) Copies of the policies and procedures
must be provided to the Department as provided in OAR
419-400-0210 and any time
policies are adopted or amended.
(b) The discipline and behavior management
policies and procedures must prohibit the following:
(A) Spanking, hitting, or striking with an
instrument.
(B) Committing an act
designed to humiliate, ridicule, or degrade a child in care or undermine the
self-respect of a child in care.
(C) Punishing a child in care in the presence
of a group or punishment of a group for the behavior of one child in
care.
(D) Depriving a child in care
of food, clothing, shelter, bedding, rest, sleep, toilet access, or parental
contact.
(E) Assigning extremely
strenuous exercise or work or requiring a child in care to spend prolonged time
in one position likely to produce unreasonable discomfort.
(F) Using restraint or involuntary seclusion
as discipline.
(G) Permitting or
directing a child in care to punish another child in care.
(H) Using any other kind of harsh
punishment.
(I) Denying a parent,
guardian, or sibling the right to visit or communicate with a child in care
solely as a disciplinary measure against the child in care.
(J) Aversive conditions, which includes, but
is not limited to, any technique designed to or likely to cause a child
physical pain, the application of startling stimuli, and the release of noxious
stimuli or toxic sprays, mists, or substances in proximity to the child in
care.
(K) Removing or limiting the
use of a mobility aid or other assistive device for the purpose of controlling
a child in care's behavior.
(2) Discipline Policy. A child-caring agency
must incorporate into the program's care-giving practices positive nonpunitive
discipline and ways of helping a child in care build positive personal
relationships, self-control, and self-esteem.
(3) Behavior Management.
(a) The behavior management policy of the
child-caring agency must identify appropriate and positive methods of behavior
management based on a child's needs, developmental level, and
behavior.
(b) The policies must
include a description of the model, program, or techniques used and its use of
each of the following:
(A) De-escalation
System. For purposes of this rule, "De-escalation System" means a nationally
recognized, holistic system for defusing escalating behavior and safely
managing aggressive behavior. The agency's choice of a "De-escalation System"
must be conveyed to and approved by the Department.
(B) Use of time out, if applicable.
(C) Use of restraints, if applicable.
(i) Chemical restraint, meaning the
administration of medication for the management of uncontrolled behavior, is
prohibited. Chemical restraint is different from the use of medication for
treatment of symptoms of severe emotional disturbances or disorders.
(ii) Mechanical restraint, meaning the use of
any physical device to involuntarily restrain the movement of a child in care
as a means of controlling his or her physical activities, is
prohibited.
(D) Use of
involuntary seclusion, if applicable.
(c) Time out.
(A) For the purpose of this rule, "time out"
means restricting a child in care to a designated area for a period of time to
give the child in care an opportunity to regain self-control.
(B) "Time out" must include frequent contact
with staff.
(C) Rooms used for
"time out" must have adequate space, temperature, light, and ventilation, and
must not be capable of locking.
(D)
"Time out" episodes must be documented in the child in care's record
(d) Review. The policies of the
child-caring agency must require that whenever a restraint is used on a child
in care more than two times in seven days, there is a review by the executive
director, the director's designee, or a management team to determine the
suitability of the program for the child in care, whether modifications to the
child in care's plan are warranted, and whether staff need additional training
in alternative therapeutic behavior management techniques. The child-caring
agency must take appropriate action indicated by the review.
(4) Suicide Prevention. The policy
must include the following:
(a) How the
child-caring agency will respond in the event a child in care exhibits
self-injurious, self-harm, or suicidal behavior;
(b) Warning signs of suicide;
(c) Emergency protocol and
contacts;
(d) Training requirements
for staff, including suicide prevention training and suicide risk assessment
tool training;
(e) Procedures for
determining implementation of additional supervision precautions and for
determining removal of additional supervision precautions;
(f) Suicide risk assessment procedures on the
day of intake;
(g) Documentation
requirements for suicide ideation, self-harm, and special observation
precautions to ensure immediate communication to all staff;
(h) A process for tracking suicide behavioral
patterns; and
(i) A
"post-intervention" plan with identified resources.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
Statutes/Other Implemented: ORS 418.205- 418.327
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