20060719-IR-465040316FRA Amends 465 IAC 2-9-31, 465 IAC 2-9-32, 465 IAC 2-9-57, 465 IAC 2-9-58, 465 IAC 2-9-59, 465 IAC 2-10-31, 465 IAC 2-10-32, 465 IAC 2-10-57, 465 IAC 2-10-58, 465 IAC 2-10-59, 465 IAC 2-12-57, and 465 IA...

TITLE 465 DEPARTMENT OF CHILD SERVICES

Final Rule

LSA Document #04-316(F)

DIGEST

Amends 465 IAC 2-9-31, 465 IAC 2-9-32, 465 IAC 2-9-57, 465 IAC 2-9-58, 465 IAC 2-9-59, 465 IAC 2-10-31, 465 IAC 2-10-32, 465 IAC 2-10-57, 465 IAC 2-10-58, 465 IAC 2-10-59, 465 IAC 2-12-57, and 465 IAC 2-13-57 of the residential licensing rules to alter various provisions. Effective 30 days after filing with the Secretary of State.

465 IAC 2-9-31; 465 IAC 2-9-32; 465 IAC 2-9-57; 465 IAC 2-9-58; 465 IAC 2-9-59; 465 IAC 2-10-31; 465 IAC 2-10-32; 465 IAC 2-10-57; 465 IAC 2-10-58; 465 IAC 2-10-59; 465 IAC 2-12-57; 465 IAC 2-13-57

SECTION 1. 465 IAC 2-9-31 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-9-31 "Variance" defined

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 31. As used in this rule, "variance" means official permission granted by the SDPW to meet the intent of a specific rule in a way other than specified by the rule. No variance shall be granted from the conditions listed in sections 58 and 59 of this rule.

(Department of Child Services; 465 IAC 2-9-31; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1962; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-11-31) to the Department of Child Services (465 IAC 2-9-31) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 2. 465 IAC 2-9-32 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-9-32 "Waiver" defined

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 32. As used in this rule, "waiver" means official permission granted by the SDPW not to meet a specific regulation. No waiver shall be granted from the conditions listed in sections 58 and 59 of this rule.

(Department of Child Services; 465 IAC 2-9-32; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1962; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-11-32) to the Department of Child Services (465 IAC 2-9-32) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 3. 465 IAC 2-9-57 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-9-57 Discipline and guidance

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 57. (a) The child caring institution shall:

(1) have a written discipline policy; and shall

(2) make the policy available to:

(A) placement agencies;

(B) staff;

(C) parents; and

(D) children in care.

(b) Discipline and guidance shall be as follows:

(1) Consistent.

(2) Based on an understanding of individual needs and development.

(3) Promote self-discipline and acceptable social behavior.

(c) Children shall be treated kindly and humanely at all times.

(d) The administrator shall not use, or permit any person to use, any of the following:

(1) Cruel, harsh, or unusual punishment.

(2) Treatment which that is mentally, physically, or emotionally abusive or neglectful.

(3) Any humiliating or frightening method to control the actions of any child or group of children.

(e) Children shall not be humiliated or subjected to degrading, abusive, or profane language.

(f) The child caring institution shall prohibit, as a method of discipline, the following:

(1) Confinement to a locked or dark room.

(2) Use of mechanical restraints.

(3) Undue confinement to bed.

(4) Deprivation of meals or snacks.

(5) Inappropriate assignment of work.

(6) Group discipline for an offense by an individual child.

(7) Any child or group of children punishing another child.

(8) Deprivation of visits or contact with:

(A) parents;

(B) guardian ad litem;

(C) court appointed special advocate; or

(D) placing worker.

(Department of Child Services; 465 IAC 2-9-57; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1969; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-11-57) to the Department of Child Services (465 IAC 2-9-57) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 4. 465 IAC 2-9-58 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-9-58 Confinement rooms

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 58. (a) Prior to the establishment of a confinement room, the institution shall have written approval from the SDPW.

(b) A confinement room shall be used only when a child:

(1) is in danger of harming himself or herself or others; and

(2) has not responded to any other treatment approaches.

(c) A confinement room shall be used for treatment purposes only, not as a disciplinary measure nor as a substitute for supervision.

(d) The institution shall have and use written policies for the use of a locked confinement room. The policies shall include the following:

(1) A definition of the circumstances which that justify the use of confinement.

(2) A maximum time period for each episode of confinement not to exceed:

(A) fifteen (15) minutes for a child less than ten (10) years of age; or

(B) one (1) hour unless extended as provided for in subsection (f). for a child ten (10) years of age and over.

(3) Record keeping of each confinement episode as noted in subsection (i). (h).

(4) A clear designation of persons who have authority to approve or extend the confinement period.

(5) Directions for removal of all dangerous items from the child, such as:

(A) belts;

(B) shoelaces;

(C) jewelry;

(D) items in pockets;

(E) matches; and

(F) any other items; which

that represent a potential hazard during confinement.

(e) Written policies for the use of confinement shall be distributed to staff, and there shall be documented orientation provided to staff in the policies and use of confinement.

(f) One (1) hour shall be the maximum period for confinement unless extensions are approved by the administrator, the program director, or by two (2) other professional staff members who are authorized to supervise the confinement policy and who do so in consultation with the treatment team. If confinement is needed after forty-eight (48) hours, an alternative treatment plan must be developed.

(g) (f) An awake staff member trained in the immediate vicinity of the confinement room emergency interventions shall supervise continuously maintain direct observation of the child at all times and shall make a visual check of during the child at least every five (5) minutes. confinement to assess the child's physical and emotional well-being.

(h) (g) A review of the use of confinement shall be made quarterly by the administrator or the program director to analyze the following:

(1) The therapeutic value of each confinement episode.

(2) Safety considerations.

(3) Appropriate utilization of confinement. and

(4) Adherence to the general policy of confinement as established in subsection (d).

(i) (h) An entry shall be made in a log or record book of each confinement episode. Recording shall include the following information:

(1) The circumstances leading to confinement.

(2) The period of time a child was confined.

(3) The time name of the visual checks. staff person observing the child's confinement.

(4) Behavioral observations of the child.

(5) Specific notation of any extension of confinement including reasons for the extension and by whom approval for extension was given.

(j) (i) Notation of each confinement shall be placed in the individual case record of the child.

(k) (j) Confinement rooms shall be constructed and maintained in the following manner:

(1) In compliance with Group I, Division 3 occupancy under 675 IAC 13, the Indiana Building Code.

(2) Equipped and sized for therapeutic use with at least:

(A) thirty-six (36) feet of floor space; and

(B) eight (8) feet high ceilings.

(3) All doors, ceilings, and walls are constructed of such strength and material that no harm can come to the occupant.

(4) All switches controlling lights, ventilation, or other mechanical systems are on the outside of the room.

(5) No functional electrical outlets are located in the room.

(6) A window is provided to allow for a visual check of the child without entering the room.

(7) Windows are secured and protected so as to prevent harm to the occupant.

(8) Ceiling lights are provided, protected, and recessed.

(9) The room is heated, cooled, and ventilated as required under 675 IAC.

(10) A smoke detector is located in a position adequate to detect any smoke or fume hazard to the person confined.

(Department of Child Services; 465 IAC 2-9-58; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1969; errata, 14 IR 2259; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-11-58) to the Department of Child Services (465 IAC 2-9-58) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 5. 465 IAC 2-9-59 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-9-59 Physical restraints

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 59. (a) Mechanical restraints Physical restraint shall be used only if:

(1) the child is a clear and present danger to himself or herself or others; and

(2) therapeutic crisis intervention techniques:

(A) have been attempted and failed; or

(B) are diagnostically eliminated prior to use.

Under no circumstance shall mechanical restraints be utilized to control a child's behavior.

(b) An awake staff member uninvolved in the restraint and trained in emergency interventions shall continuously maintain direct observation of the child during the restraint.

(b) (c) If an institution uses mechanical physical restraints, the institution shall develop policies and procedures on their usage that include the following:

(1) A description of the types of mechanical physical restraints used.

(2) The criteria for use.

(3) Staff authorized to approve use.

(4) Staff authorized and trained to apply restraints.

(5) Procedures for application.

(6) Staff training requirements.

(7) Time limitations on use.

(8) Monitoring requirements while child is in restraints.

(c) (d) Documentation of mechanical physical restraint training shall be in each employee's personnel record.

(d) (e) An institution shall not use any form of restraint until the policies and procedures in subsection (b) (c) have been approved by the SDPW.

(e) (f) A record shall be maintained of each incident of mechanical physical restraint and placed in the child's record that includes the following information:

(1) The date and time of the incident.

(2) The name of the child.

(3) The form of restraint used.

(4) The length of time in restraint.

(5) The name and title of the person who authorized use of restraint.

(6) The name and title of the person applying the restraint.

(7) The name of the person responsible for monitoring the child while in restraints.

(8) A description of the child's behavior prior to, during, and after use of restraints.

(9) A treatment team assessment of the effectiveness of the restraint and future alternatives.

(Department of Child Services; 465 IAC 2-9-59; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1970; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-11-59) to the Department of Child Services (465 IAC 2-9-59) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 6. 465 IAC 2-10-31 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-10-31 "Variance" defined

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 31. As used in this rule, "variance" means official permission granted by the SDPW to meet the intent of a specific rule in a way other than specified by the rule. No variance shall be granted from the conditions listed in sections 58 and 59 of this rule.

(Department of Child Services; 465 IAC 2-10-31; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1984; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-12-31) to the Department of Child Services (465 IAC 2-10-31) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 7. 465 IAC 2-10-32 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-10-32 "Waiver" defined

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 32. As used in this rule, "waiver" means official permission granted by the SDPW not to meet a specific regulation. No waiver shall be granted from the conditions listed in sections 58 and 59 of this rule.

(Department of Child Services; 465 IAC 2-10-32; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1984; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235) NOTE: Transferred from the Division of Family Resources (470 IAC 3-12-32) to the Department of Child Services (465 IAC 2-10-32) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 8. 465 IAC 2-10-57 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-10-57 Discipline and guidance

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 57. (a) The child caring institution shall:

(1) have a written discipline policy; and shall

(2) make the policy available to:

(A) placement agencies;

(B) staff;

(C) parents; and

(D) children in care.

(b) Discipline and guidance shall be as follows:

(1) Consistent.

(2) Based on an understanding of individual needs and development.

(3) Promote self-discipline and acceptable social behavior.

(c) Children shall be treated kindly and humanely at all times.

(d) The administrator shall not use or permit any person to use any of the following:

(1) Cruel, harsh, or unusual punishment.

(2) Treatment which that is mentally, physically, or emotionally abusive or neglectful.

(3) Any humiliating or frightening method to control the actions of any child or group of children.

(e) Children shall not be humiliated or subjected to degrading, abusive, or profane language.

(f) The child caring institution shall prohibit, as a method of discipline, the following:

(1) Confinement to a locked or dark room.

(2) Use of mechanical restraints.

(3) Undue confinement to bed.

(4) Deprivation of meals or snacks.

(5) Inappropriate assignment of work.

(6) Group discipline for an offense by an individual child.

(7) Any child or group of children punishing another child.

(8) Deprivation of visits or contact with:

(A) parents;

(B) guardian ad litem;

(C) court appointed special advocate; or

(D) placing worker.

(Department of Child Services; 465 IAC 2-10-57; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1991; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-12-57) to the Department of Child Services (465 IAC 2-10-57) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 9. 465 IAC 2-10-58 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-10-58 Confinement rooms

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 58. (a) Prior to the establishment of a confinement room, the institution shall have written approval from the SDPW.

(b) A confinement room shall be used only when a child:

(1) is in danger of harming himself or herself or others; and

(2) has not responded to any other treatment approaches.

(c) A confinement room shall be used for treatment purposes only, not as a disciplinary measure nor as a substitute for supervision.

(d) The institution shall have and use written policies for the use of a locked confinement room. The policies shall include the following:

(1) A definition of the circumstances which that justify the use of confinement.

(2) A maximum time period for each episode of confinement not to exceed:

(A) fifteen (15) minutes for a child less than ten (10) years of age; or

(B) one (1) hour unless extended as provided for in subsection (f). for a child ten (10) years of age and over.

(3) Record keeping of each confinement episode as noted in subsection (i). (h).

(4) A clear designation of persons who have authority to approve or extend the confinement period.

(5) Directions for removal of all dangerous items from the child, such as:

(A) belts;

(B) shoelaces;

(C) jewelry;

(D) items in pockets;

(E) matches; and

(F) any other items; which

that represent a potential hazard during confinement.

(e) Written policies for the use of confinement shall be distributed to staff, and there shall be documented orientation provided to staff in the policies and use of confinement.

(f) One (1) hour shall be the maximum period for confinement unless extensions are approved by the administrator, the program director, or by two (2) other professional staff members who are authorized to supervise the confinement policy and who do so in consultation with the treatment team. If confinement is needed after forty-eight (48) hours, an alternative treatment plan must be developed.

(g) (f) An awake staff member trained in the immediate vicinity of the confinement room emergency interventions shall supervise continuously maintain direct observation of the child at all times and shall make a visual check of during the child at least every five (5) minutes. confinement to assess the child's physical and emotional well-being.

(h) (g) A review of the use of confinement shall be made quarterly by the administrator or the program director to analyze the following:

(1) The therapeutic value of each confinement episode.

(2) Safety considerations.

(3) Appropriate utilization of confinement. and

(4) Adherence to the general policy of confinement as established under subsection (d).

(i) (h) An entry shall be made in a log or record book of each confinement episode. Recording shall include the following information:

(1) The circumstances leading to confinement.

(2) The period of time a child was confined.

(3) The time name of the visual checks. staff person monitoring the child's confinement.

(4) Behavioral observations of the child.

(5) Specific notation of any extension of confinement including reasons for the extension and by whom approval for extension was given.

(j) (i) Notation of each confinement shall be placed in the individual case record of the child.

(k) (j) Confinement rooms shall be constructed and maintained in the following manner:

(1) In compliance with Group I, Division 3 occupancy under 675 IAC 13, the Indiana Building Code.

(2) Equipped and sized for therapeutic use with at least:

(A) thirty-six (36) feet of floor space; and

(B) eight (8) feet high ceilings.

(3) All doors, ceilings, and walls are constructed of such strength and material that no harm can come to the occupant.

(4) All switches controlling lights, ventilation, or other mechanical systems are on the outside of the room.

(5) No functional electrical outlets are located in the room.

(6) A window is provided to allow for a visual check of the child without entering the room.

(7) Windows are secured and protected so as to prevent harm to the occupant.

(8) Ceiling lights are provided, protected, and recessed.

(9) The room is heated, cooled, and ventilated as required under 675 IAC.

(10) A smoke detector is located in a position adequate to detect any smoke or fume hazard to the person confined.

(Department of Child Services; 465 IAC 2-10-58; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1992; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-12-58) to the Department of Child Services (465 IAC 2-10-58) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 10. 465 IAC 2-10-59 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-10-59 Physical restraints

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 59. (a) Mechanical restraints Physical restraint shall be used only if:

(1) the child is a clear and present danger to himself or herself or others; and

(2) therapeutic crisis intervention techniques:

(A) have been attempted and failed; or

(B) are diagnostically eliminated prior to use.

Under no circumstances shall mechanical restraints be utilized to control a child's behavior.

(b) An awake staff member uninvolved in the restraint and trained in emergency interventions shall maintain visual contact of the child continuously during the restraint.

(b) (c) If an institution uses mechanical physical restraints, the institution shall develop policies and procedures on their usage that include the following:

(1) A description of the types of mechanical physical restraints used.

(2) The criteria for use.

(3) Staff authorized to approve use.

(4) Staff authorized and trained to apply restraints.

(5) Procedures for application.

(6) Staff training requirements.

(7) Time limitations on use.

(8) Monitoring requirements while child is in restraints.

(c) (d) Documentation of mechanical physical restraint training shall be in each employee's personnel record.

(d) (e) An institution shall not use any form of restraint until the policies and procedures in subsection (b) have been approved by the SDPW.

(e) (f) A record shall be maintained of each incident of mechanical physical restraint and placed in the child's record that includes the following information:

(1) The date and time of the incident.

(2) The name of the child.

(3) The form of restraint used.

(4) The length of time in restraint.

(5) The name and title of the person who authorized use of restraint.

(6) The name and title of the person applying the restraint.

(7) The name of the person responsible for monitoring the child while in restraints.

(8) A description of the child's behavior prior to, during, and after use of restraints.

(9) A treatment team assessment of the effectiveness of the restraint and future alternatives.

(Department of Child Services; 465 IAC 2-10-59; filed Jun 27, 1991, 12:00 p.m.: 14 IR 1993; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-12-59) to the Department of Child Services (465 IAC 2-10-59) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 11. 465 IAC 2-12-57 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-12-57 Discipline and guidance

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 57. (a) The child caring institution shall:

(1) have a written discipline policy; and shall

(2) make the policy available to:

(A) placement agencies;

(B) staff;

(C) parents; and

(D) children in care.

(b) Discipline and guidance shall be as follows:

(1) Consistent.

(2) Based on an understanding of individual needs and development.

(3) Promote self-discipline and acceptable social behavior.

(c) Children shall be treated kindly and humanely at all times.

(d) The administrator shall not use, or permit any person to use, any of the following:

(1) Cruel, harsh, or unusual punishment.

(2) Treatment which that is mentally, physically, or emotionally abusive or neglectful.

(3) Any humiliating or frightening method to control the actions of any child or group of children.

(e) Children shall not be humiliated or subjected to degrading, abusive, or profane language.

(f) The use of a confinement room and the use of mechanical restraints are prohibited in a group home.

(g) The child caring institution shall prohibit, as a method of discipline, the following:

(1) Confinement to a locked or dark room.

(2) Use of mechanical restraints.

(3) Undue confinement to bed.

(4) Deprivation of meals or snacks.

(5) Inappropriate assignment of work.

(6) Group discipline for an offense by an individual child.

(7) Any child or group of children punishing another child.

(8) Deprivation of visits or contact with:

(A) parents;

(B) guardian ad litem;

(C) court appointed special advocate; or

(D) placing worker.

(Department of Child Services; 465 IAC 2-12-57; filed Jun 27, 1991, 12:00 p.m.: 14 IR 2035; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-14-57) to the Department of Child Services (465 IAC 2-12-57) by P.L.234-2005, SECTION 195, effective July 1, 2005.

SECTION 12. 465 IAC 2-13-57 IS AMENDED TO READ AS FOLLOWS:

465 IAC 2-13-57 Discipline and guidance

Authority: IC 31-33-1.5-11; P.L.234-2005, SECTION 194

Affected: IC 12-17.4

Sec. 57. (a) The child caring institution shall:

(1) have a written discipline policy; and shall

(2) make the policy available to:

(A) placement agencies;

(B) staff;

(C) parents; and

(D) children in care.

(b) Discipline and guidance shall be as follows:

(1) Consistent.

(2) Based on an understanding of individual needs and development.

(3) Promote self-discipline and acceptable social behavior.

(c) Children shall be treated kindly and humanely at all times.

(d) The administrator shall not use, or permit any person to use, any of the following:

(1) Cruel, harsh, or unusual punishment.

(2) Treatment which that is mentally, physically, or emotionally abusive or neglectful.

(3) Any humiliating or frightening method to control the actions of any child or group of children.

(e) Children shall not be humiliated or subjected to degrading, abusive, or profane language.

(f) The use of a confinement room and the use of mechanical restraints are prohibited in a group home.

(g) The child caring institution shall prohibit, as a method of discipline, the following:

(1) Confinement to a locked or dark room.

(2) Use of mechanical restraints.

(3) Undue confinement to bed.

(4) Deprivation of meals or snacks.

(5) Inappropriate assignment of work.

(6) Group discipline for an offense by an individual child.

(7) Any child or group of children punishing another child.

(8) Deprivation of visits or contact with:

(A) parents;

(B) guardian ad litem;

(C) court appointed special advocate; or

(D) placing worker.

(Department of Child Services; 465 IAC 2-13-57; filed Jun 27, 1991, 12:00 p.m.: 14 IR 2056; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-465040316FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 3-15-57) to the Department of Child Services (465 IAC 2-13-57) by P.L.234-2005, SECTION 195, effective July 1, 2005.

LSA Document #04-316(F)

Notice of Intent: January 1, 2005; 28 IR 1199

Proposed Rule: March 1, 2006; 29 IR 2007

Hearing Held: March 27, 2006

Approved by Attorney General: June 12, 2006

Approved by Governor: June 23, 2006

Filed with Secretary of State: June 23, 2006, 2:24 p.m.

Documents Incorporated by Reference: None Received by Publisher

Posted: 07/19/2006 by Legislative Services Agency

DIN: 20060719-IR-465040316FRA

Composed: Oct 31,2016 11:26:51PM EDT

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