West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-01 - Child Care Center Licensing Requirements
Section 78-1-11 - Supervision of the Individual Child
Universal Citation: 78 WV Code of State Rules 78-1-11
Current through Register Vol. XLI, No. 38, September 20, 2024
11.1. Guidance, Behavior Management, and Discipline. A center shall:
11.1.a. Develop,
implement, and maintain policies and procedures for behavior management that
include the prohibitions described in subsection 11.4. of this rule;
11.1.b. Ensure that the guidance, behavior
management, and discipline practices are constructive and educational in
nature, appropriate to each child's age and circumstances, and in keeping with
the center's policies and procedures;
11.1.c. Ensure that staff members are aware
of behavior issues relating to an individual child, and treat behavior problems
individually and in private;
11.1.d. Delegate behavior management to
qualified staff members who have an ongoing relationship with a child;
and
11.1.e. Ensure that when it
appears that a child is developing a pattern of unacceptable behavior, the
staff member with the delegated responsibility for the child discusses the
child's behavior in private with the director and informs the child's
parents.
11.2. Guidance. At all times, staff members are responsible for providing positive guidance that is appropriate to each child's age, understanding, and circumstances. Staff members shall:
11.2.a. Teach by
example;
11.2.b. Recognize and
encourage acceptable behavior;
11.2.c. Make eye contact with the child and
kneel or sit beside the child whenever possible when speaking to the
child;
11.2.d. Supervise with
kindness, understanding, and firmness;
11.2.e. Define clear limits, set fair and
consistent rules and, when appropriate, permit an older child to participate in
the development of rules and procedures;
11.2.f. Help a child develop self-control to
assume responsibility for his or her own actions;
11.2.g. Guide a child's activities in an
orderly manner;
11.2.h. Prepare a
child for his or her next activity a few minutes ahead of time, and allow the
child a brief transition time before beginning the new activity;
11.2.i. Help a child avoid long waiting
periods when the child has nothing to do by ensuring that the environment
includes materials that hold his or her attention; and
11.2.j. Help a child feel successful at tasks
and provide options if chosen tasks prove to be too difficult.
11.3. Behavior Management and Discipline. When a behavior problem arises, qualified staff members shall:
11.3.a. Redirect the child to alternative
behavior or other activities;
11.3.b. Encourage the child to control his or
her own behavior, cooperate with others and solve problems by talking things
out;
11.3.c. Speak so that the
child understands that feelings are acceptable, but inappropriate behaviors and
actions are not;
11.3.d. Use
appropriate time-out periods only as necessary for a child to calm down or gain
control of his behavior.
11.3.e.
Time-out is:
11.3.e.1. Used for behaviors that
are persistent and unacceptable, used infrequently, and not for over one minute
for each year of a child's age;
11.3.e.2. Used only for children over the age
of three years;
11.3.e.3. Used by a
qualified staff person familiar to the child. The staff person must explain to
the child how time-out works before its first use and be clear about the
behavior that will result in time-out;
11.3.e.4. Ended in a positive manner. The
staff person helps the child explore other options that would have resulted in
a different outcome;
11.3.f. Ensure that during a time-out period
that removes the child from the group, the child is within sight and hearing of
a staff member in a safe, lighted, and well-ventilated space;
11.3.g. Maintain perspective about the minor
misbehavior of the school-age child and recognize that every infraction does
not warrant staff attention or intervention; and
11.3.h. Take action that relates to
inappropriate behavior and ensure that any action that is taken is without bias
and in proportion to the child's act.
11.4. Handling Behavior Problems. Staff members and other adults at a center shall not handle behavior problems by:
11.4.a. Subjecting a child to physical
punishment of any kind, including, but not limited to, shaking, striking,
spanking, swatting, thumping, pinching, popping, shoving, spitting, biting,
hair pulling, yanking, slamming, excessive exercise, or any cruel treatment
that may cause pain;
11.4.b.
Putting anything in or on a child's mouth as punishment;
11.4.c. Restraining a child physically or by
placing the child in confining equipment or using any other restrictive means
such as straps or ties. Provided: when a child's behavior places the child or
others around the child at risk of physical harm, a staff person may use a
gentle method of physically holding the child. The staff person must be an
experienced staff member and one that is known to the child and shall only
restrain the child for as long as is necessary for the child to regain
control;
11.4.d. Subjecting a child
to psychological punishment of any kind, including, but not limited to,
ridicule, humiliation, or negative remarks about the child or the child's
family, including remarks about race, gender, religion, or cultural
background;
11.4.e. Using harsh or
profane language, or actual or implied threats of physical
punishment;
11.4.f. Forcing or
bribing a child to eat;
11.4.g.
Using food as a reward or punishment;
11.4.h. Punishing or threatening a child in
association with rest or toilet training;
11.4.i. Isolating a child without supervision
or placing the child in a dark area such as a box, closet, or similar confined
space;
11.4.j. Permitting a child
to discipline other children;
11.4.k. Punishing an entire group for the
actions of one child or a few children; or
11.4.l. Seeking or accepting parental
permission to use physical punishment or other actions prohibited by this
rule.
11.5. Difficult Behavior Plan. When a child's behavior problems continue over time, the director and staff member with delegated responsibility shall develop and implement a plan for managing the difficult behavior. The director shall ensure that:
11.5.a. A parent is given written
communication about the circumstances necessitating the plan and is provided
the opportunity to participate in the development of the plan. The center shall
provide the parent with a copy of the completed plan and regular written
reports of the child's progress;
11.5.b. When necessary and appropriate, other
professionals also participate in the development and implementation of the
plan and, when necessary, receive written reports of the child's progress;
and
11.5.c. Staff members cooperate
in implementing the plan and keep on file at the center a copy of the plan, a
record of the steps taken during implementation, and the child's progress in
meeting the goals of the plan.
11.6. Abuse and Neglect. A center shall develop, implement, and maintain policies and procedures for the reporting of child abuse and neglect that include:
11.6.a.
The definition of child abuse and neglect;
11.6.b. The requirement to report immediately
any suspected incident of child abuse and neglect to the director or designated
person-in-charge, and to Child Protective Services; or when the staff member
believes that the director or designated person-in-charge would not or has
failed to report the suspected incident to the Child Abuse Hotline,
1-800-352-6513; and
11.6.c. A
statement posted at the center in clear public view stating that the center
reports suspected child abuse and neglect to Child Protective
Services.
11.7. Informing Staff about Behavior Management and Report Procedures. The center shall inform staff about behavior management procedures and child abuse and neglect reporting by:
11.7.a. Providing each
staff member a copy of its policies on behavior management and the reporting of
child abuse and neglect and providing revised policies when changes
occur;
11.7.b. Obtaining a signed
and dated acknowledgement that the staff member has read and understands the
policies or revised policies; and
11.7.c. Placing the signed acknowledgement
statement in the staff member's file.
11.8. Informing Parents about Behavior Management and Reporting Procedures. At the time of a child's admission, a center shall inform parents about the center's behavior management procedures and child abuse and neglect reporting requirements by:
11.8.a. Providing to each child's parent
written copies and an oral explanation of a center's policies on behavior
management and the reporting of child abuse and neglect, and updating parents
on policy changes when they occur;
11.8.b. Obtaining a signed and dated
acknowledgement that the center has explained the policies and provided the
parent with a copy. The statement shall bear the child's name, the date of
enrollment, and, if different, the date the parent signs the statement;
and
11.8.c. Placing the signed
statement in the child's file for as long as the child is enrolled.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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