55 Pa. Code § 3680.43 - Agency discipline
(a) The
legal entity shall ensure that a discipline policy is developed in accordance
with the requirements established by an applicable service-specific chapter
promulgated by the Department.
(b)
If the agency operates programs for which no service-specific chapters apply,
the legal entity shall establish, and ensure adherence to, a written policy
governing the discipline of children.
(c) The policy shall:
(1) Stress praise and
encouragement.
(2) Prohibit abusive
or degrading practices, including:
(i)
Ridicule, verbal abuse or threats, or derogatory or humiliating
remarks.
(ii) Physical punishment
inflicted upon the body.
(iii)
Punishment for bedwetting or actions related to toilet training.
(iv) Delegation of discipline to another
child or group of children, except as part of an organized self-government
program that is conducted in accordance with written policy and directly
supervised by staff.
(v) Denial of
food, water, shelter, sufficient sleep, clothing or bedding.
(vi) Denial of elements of the individual
service plan (ISP).
(vii) Denial of
communication with or visiting by or with the family.
(viii) Assignment of physically strenuous
exercise or work solely as punishment.
(ix) Requiring a child to remain silent for
long periods of time.
(x) Group
punishment for the misbehavior of an individual child.
(xi) Delegation of discipline to persons not
known by the child.
(d) With the exception of programs subject to
Title 6500 of the Children and Youth Manual to be codified at Chapter 3820
(relating to secure residential facility) and Chapter 3760 (relating to secure
detention facility), no programs operated by the agency may use a method of
physical restraint, isolation, security or physical barriers which prohibit a
child's egress. Locks may be used only as a means of external security to keep
persons out or to deny access to a certain area of the facility in which the
program operates.
(e) With the
exceptions noted in subsection (d), the agency shall ensure that the programs
it operates use only passive physical restraint to control a child's
behavior.
Notes
The provisions of this § 3680.43 issued under Articles II, VII, IX and X of the Public Welfare Code (62 P. S. §§ 201-211, 701-774, 901-922 and 1001-1080).
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