37.98.801    BEHAVIOR MANAGEMENT POLICIES

(1) A program shall have and follow written behavior management policies and procedures including a description of the model, program or techniques to be used with youth. The program shall have policies addressing discipline, therapeutic de-escalation of crisis situations, nonviolent crisis intervention, and time out. Behavior management must be based on an individual assessment of each youth's needs, stage of development and behavior. It must be designed with the goal of teaching youth to manage their own behavior and be based on the concept of providing effective treatment by the least restrictive means.

(2) The program shall document that a copy of the written policies has been provided and explained to each youth. A copy of the policies must also be provided to parents, guardians and referral sources upon request.

(3) The behavior management policies must prohibit:

(a) the use of physical force, mechanical, chemical, or physical restraint as discipline;

(b) pain compliance, aversive conditioning, and use of pressure point techniques;

(c) the placing of anything in or on a youth's mouth;

(d) cruel or excessive physical exercise, prolonged positions or work assignments that produce unreasonable discomfort;

(e) verbal abuse, ridicule, humiliation, profanity and other forms of degradation directed at a youth or a youth's family;

(f) locked confinement or seclusion;

(g) withholding of necessary food, water, clothing, shelter, bedding, rest, medical care or toilet use;

(h) denial of visits or communication with the youth's family as punishment or discipline. Visits or communication with the youth's family may be limited as specified in the program's design and planned activities, in accordance with the youth's service plan, or by court order;

(i) isolation as punishment, except as provided for in the time out provisions of ARM 37.98.803; and

(j) any other form of punishment or discipline which subjects a youth to pain, humiliation, or unnecessary isolation or restraint.

(4) If program policies allow for disciplining a group of youth for actions of one youth, the organization's policies and procedures for behavior management or discipline must clearly prescribe the circumstances and safeguards under which disciplining the group is allowed.

History: Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA; NEW, 2004 MAR p. 1960, Eff. 8/6/04.