Current through Register Vol. 48, No. 38, September 20, 2024
a) Introduction
1) Discipline should be administered in such
a way as to help the individual child develop his own self-controls and to
assume responsibility for his own acts.
2) The institution should establish simple
and understandable house rules, for both children and staff, that set the
limits of behavior required for the protection of the group and individuals
within the group.
b)
Minimum Standards
1) Written Rules
As part of the admission procedure, every child shall be
provided with:
A) Rules and regulations
governing behavior.
B) Description
of conduct constituting a penalty offense or award.
C) Types of penalties, including duration,
which may be imposed and system of awards.
D) Authority authorized to impose penalties
or approve awards.
E) Authorized
methods of seeking information and making complaints.
F) All other matters necessary to enable
children to understand both their rights and obligations.
2) Written Rules, Illiterate Children
If a child is illiterate, information shall be conveyed orally.
Special assistance shall be given to non-English speaking youth in their own
language.
3) Complaints
Each child shall be permitted to make requests or complaints to
the shelter care administration, the judge or other court employees without
censorship as to substance.
4) Reporting of Violations
Shelter care staff members, who observe disciplinary
violations, shall submit a written report of the incident.
A) A copy of the incident report and
investigation report will be filed in the individual case folder.
B) Written reports of serious violations of
rules, e.g., assaults on staff or other children, assault by staff on youth,
and incidents involving use of force by staff members on children, shall be
forwarded to the court.
5) Restricted Diets
Non-medical restricted diets are prohibited. Food shall never
be withheld as a disciplinary measure.
6) Group Discipline
Group discipline for the misbehavior of one or more children is
prohibited. Discipline must be meted out on an individual basis. Confinement of
a child in a locked room is prohibited.
7) Corporal Punishment
Corporal punishment is defined as any deliberate action,
planned or spontaneous, designed to purposely humiliate, demean, defile, harm,
embarrass, psychologically intimidate, or results in physical pain or
discomfort to a youth. Corporal punishment is prohibited.
8) Use of Force by a Staff Member
Use of force is prohibited. This prohibition in no way
prohibits self defense or prevention of injury to another staff member or a
child. When the use of force is warranted, it shall not exceed the physical
holding of the minor.
A) When a staff
member uses force against a child, a complete written report of the incident
must be made by the staff member and a copy of the report shall be forwarded to
the court.
B) The report shall be
placed in the minor's file and the minor's attorney and parents/guardian shall
be notified within 24 hours.
9) Use of Restraint Devices
Restraint devices shall not be applied as a penalty.
A) Restraint devices shall not be used except
on order of the superintendent to prevent youth from inflicting injury to
themselves or others. In these instances, restraints shall be used only on a
temporary basis, not to exceed two hours, until the youth can be examined by a
medical doctor or transported to a licensed medical facility or to professional
clinical services.
B) When
restraint devices are used, a full written report of the incident shall be
made, a copy of the report shall be forwarded to the court, and one copy shall
be placed in the child's file.
C)
Chains or irons shall not be used as restraints.
D) Psychotropic medicines shall not be used
as a disciplinary device or control measure.
10) Major Law Violations
Acts covered by statutory law committed by children in custody
shall be reported to law enforcement authorities.
