049-3 Wyo. Code R. §§ 3-24 - Discipline

(a) The organization shall develop, adopt, follow and maintain on file written policies and procedures ensuring the appropriate discipline of children in care.

(i) Written copies of the discipline policy shall be provided to staff, foster parents and the children;

(ii) Documentation shall be kept of the imposition of all discipline and/or restrictions;

(iii) Only staff with direct child care or supervisory responsibility shall discipline children;

(iv) Children residing in the facility and foster home shall not discipline other children, nor are they allowed to engage in any physical intervention with another child. Children shall not have authority over other children;

(v) Physical restraint of a child shall not be used as a form of punishment;

(vi) Corporal punishment, defined as any act of inflicting punishment directly on the body, causing pain or injury, shall not be used;

(b) Examples of inappropriate discipline and/or punishment:

(i) Humiliating or degrading confrontation or consequences that undermine the child's respect, such as ridicule, sarcasm, shaming, scolding, forcing a child to dress in attire that would humiliate or degrade;

(ii) Verbal remarks that belittle or ridicule the child or his/her family;

(iii) The denial of food, liquids, mail or visits with their families as punishment;

(iv) Any form of discipline, control, or punishment that violates state laws that protect children from abuse and/or neglect; or

(v) Other unacceptable forms of punishment or behavioral control include, but are not limited to, the following:

(A) Slapping;

(B) Spanking;

(C) Shaking;

(D) Paddling;

(E) Belting;

(F) Kicking;

(G) Hitting including hitting with objects with an intent to do harm;

(H) Unreasonable forced physical exertion or meaningless repetitive activities (e.g., marching, push-ups), when used solely as a punishment;

(I) Requiring or forcing the child to take an uncomfortable position, such as squatting or bending, standing, or kneeling rigidly in one spot;

(J) Group discipline for misbehaviors of individuals;

(K) Excessive denial of on-grounds program services or denial of any essential program service solely for disciplinary purposes;

(L) Requiring the child to remain completely silent for more than 60 minutes, consecutive or otherwise, within a two (2) hour period and used for a child more than four (4) times within one (1) twenty-four (24) hour period;

(M) Assignment of physically strenuous or harsh work which could result in harm to child;

(N) Deprivation of sleep;

(O) Punishment for bedwetting or actions related to toilet training;

(P) Failure to comply with elements of the child's ISPC and/or ITPC as a form of punishment;

(Q) Confinement of a child within a room for an extended period of time;

(R) Physical restraint; or

(S) Seclusion.

(vi) Other impingement upon the basic rights of children to care, protection, safety, and security.

(c) Time out is the removal of a child from the child's immediate environment and restricting the child alone to a room or area. Time out is an approved method of discipline, if used according to the following guidelines:

(i) May not be used for more than sixty (60) minutes, consecutive or otherwise, within a two (2) hour period, with frequent interaction and monitoring by staff and foster parent;

(ii) May not be used for a child more than four (4) times within one (1) twenty-four (24) hour period;

(iii) Staff and foster parent shall observe a child in time out at least every fifteen (15) minutes and more often if the behavior warrants; and

(iv) The door to the time out area must be left open, allowing the child free movement to leave the time out area.

(d) Room Restriction is a disciplinary action that takes place in an area that is segregated from the other residents of the facility, and:

(i) The Seclusion Room cannot be used for room restriction;

(ii) Room restriction cannot be a lock-down situation except in juvenile detention centers;

(iii) It should only be used when less restrictive forms of discipline have been unsuccessful; and

(iv) While the child is in room restriction, he/she must be allowed to, unless by doing so there is imminent risk to themselves or others:

(A) Have normal meals;

(B) Participate in any type of clinically directed and/or program directed services,

(C) Participate in educational activities; and

(D) Have hygiene privileges.

(v) Children placed in room restriction must be checked on at least every ten (10) minutes during the first twelve (12) hours of room restriction and every fifteen (15) minutes thereafter during the room restriction.

(vi) When room restriction lasts for more than twenty-four (24) hours, a plan shall be developed or the treatment plan amended to list the goals or what needs to be accomplished and these goals must be re-evaluated daily as to the purpose, length of time and status of the confinement.

(vii) When a child is placed in room restriction, the following information must be documented in the child's record or ITPC:

(A) The specific behavior that necessitated room restriction;

(B) Alternative interventions that were unsuccessful in controlling the behavior;

(C) The time and date the room restriction began and ended;

(D) Monitoring reports with observations and notations regarding the child's physical and emotional condition at no greater than fifteen (15) minute intervals; and

(E) How the issues that resulted in room restriction were resolved.

Notes

049-3 Wyo. Code R. §§ 3-24

Amended, Eff. 11/8/2017. Amended, Eff. 9/3/2021.