West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-18 - Family Child Care Facility Licensing Requirements
Section 78-18-8 - Guidance and Discipline

Universal Citation: 78 WV Code of State Rules 78-18-8

Current through Register Vol. XLI, No. 38, September 20, 2024

8.1. Guidance. The facility shall have a written policy on guidance of children which staff shall follow. The policy shall be consistent with the following guidelines:

8.1.a. The staff and parents shall discuss and agree upon positive methods of guidance that encourage a child's acceptable behavior;

8.1.b. The staff shall use guidance that helps a child understand appropriate behavior and is appropriate to the child's age;

8.1.c. A facility shall have rules that are fair, consistent, and relevant to the children's ages; and

8.1.d. Facility staff may use a time-out that is based on the following guidelines. Time-outs shall be used only:
8.1.d.1. As a supplement to positive approaches to discipline;

8.1.d.2. For the purpose of helping children regain control;

8.1.d.3. For brief periods of approximately one minute for each year of a child's age;

8.1.d.4. After the caregiver has discussed the reason for the time-out with the child in a way that the child can understand; and

8.1.d.5. If children removed from groups remain under visual supervision and are never unattended or placed behind closed doors.

8.2. Discipline.

8.2.a. A caregiver, household member, visitor, or substitute shall not use any of the following harmful forms of discipline:
8.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment;

8.2.a.2. Punishing or threatening a child in association with food, sleep, rest, or toilet training;

8.2.a.3. Putting anything in or on a child's mouth as punishment;

8.2.a.4. Confining a child in a closet or locked room or using physical restraints for confinement;

8.2.a.5. Using loud, profane, or abusive language or threats of physical punishment;

8.2.a.6. Punishing a child psychologically including public or private humiliation, shaming, and negative remarks about the child or child's family;

8.2.a.7. Punishing a child emotionally including rejecting, terrorizing, ignoring, or isolating the child; and

8.2.a.8. Allowing a child to discipline other children.

8.2.b. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule.

8.2.c. The facility operator shall share the guidance and discipline policy with all parents, caregivers, aides, volunteers, and all individuals residing in or visiting the facility. All of these persons shall agree to abide by its content.

8.2.d. Only adult staff with direct supervisory responsibilities for children may discipline children. No child or other household member shall be delegated or permitted to discipline children in care.

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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