|
340:75-7-38. Discipline for children in foster family care
|
|
|
|
|
Revised 6-1-08
(a) Primary responsibility. A primary responsibility of foster families is to help children learn behaviors that promote their self-regard, personal ability, and socialization skills. The rules governing these efforts are outlined in OAC 340:75-7-38(b) through (d).
(b) Positive interactions. Foster family interactions with a child:
-
(1) protect and nurture the child's physical and psychological well-being;
-
(2) advance the child's development;
-
(3) meet the child's needs;
-
(4) teach the child ways to prevent and solve problems;
-
(5) maintain and build the parent and child relationship;
-
(6) build the child's self-control and responsibility; and
-
(7) comply with Oklahoma Department of Human Services (OKDHS) rules on discipline to provide a safe, nurturing environment that allows the child to experience security and positive self‑esteem.
(c) Teaching techniques.
-
(1) Positive behavior management. Positive behavior management techniques include, but are not limited to:
-
(A) rewards. Rewards may be small gestures of approval, such as treats, toys, and symbols of recognition such as stickers, stars, happy faces, or money. Rewards are for the interest, desire, and effort the child displays, not for performance, talent, or ability. This technique must not be used all the time;
-
(B) privileges. Privileges allow the child to experience greater freedom or opportunity and an increased responsibility. Privileges are used to encourage the child's interest and talents by supporting the child's efforts in pursuing interests; and
-
(C) praise. Praise may be communicated with a smile or nod of approval, expressing to the child how pleased the person is with him or her.
-
(2) Self-control. To promote the child's self-control, foster parents clearly communicate expectations and provide structured, safe environments. The foster parent's use of planning and preparation prevents confrontation, acting-out, and negative behaviors by:
-
(A) establishing expectations. Children in out-of-home care experience varied expectations of foster parents in every placement setting. Since each placement setting is different, the foster parent must communicate expectations to the child. Expectations are communicated through setting rules, telling the child what to expect, and modeling. Clearly communicated expectations provide structure for the child and a structure for building and maintaining self-control; and
-
(B) modifying the environment. Structured, safe environments allow children to succeed at identified tasks. Foster parents structure environments by removing sources of stimulation for the child and establishing routines and consistency in day-to-day schedules.
-
(3) Direct intervention. When the child does not have sufficient self-control to ensure acceptable behavior, the foster parent uses direct intervention and techniques, per OAC 340:75-7-38(c)(1) and (2). Techniques used are dependent upon the child's developmental needs and anticipated outcomes. Techniques appropriate for responding to lack of self-control include:
-
(A) rules. Rules are established guidelines that:
-
(i) allow the child to know what can and cannot be done;
-
(ii) help the child know right from wrong;
-
(iii) communicate to the child how something is done and help prevent problems; or
-
(iv) provide a way to respond to a problem;
-
(B) time out. Time out provides space between the child and a situation where the child exhibits behavior that is not acceptable or where the situation is dangerous. Recommended time out is one minute per age of the child. Time out is typically used for the younger child;
-
(C) restricting privileges. Privileges are restricted when a child is not allowed to do something for a specified period of time, such as not playing with a particular toy, watching television, playing the stereo, playing computer games, having phone privileges, or engaging in some other pleasant activity. Talking to parents or siblings is not included in restricting phone privileges;
-
(D) grounding. Grounding involves imposing restriction on a child's interaction and involvement with friends or activities outside of the placement setting, such as restriction to the house or leaving the premises to attend parties, movies, or visit friends. Grounding is typically used for the older child;
-
(E) logical consequences. Logical consequences require the family to impose a response to the child's behavior consistent with and connected to the unacceptable behavior exhibited; and
-
(F) natural consequences. Natural consequences occur in response to the behavior. This technique is most appropriately used with adolescents and for those who tend to get in power struggles. Natural consequences are never allowed when a child's safety or well-being is in question.
-
(4) Physical discipline. OKDHS prohibits the use of any form of physical discipline for any child in OKDHS custody in an out-of-home placement or any act or omission that would emotionally, physically, or psychologically harm the child.
-
(5) Punishment. Unacceptable behavior management methods and techniques promote negative behavior, are punitive, and do not promote self-control. Unacceptable behavior management techniques for a child include, but are not limited to:
-
(A) the use of the hand or any object, such as a board, fly swatter, paddle, belt, switch, electrical cord, hair brush, or wooden spoon, to hit, strike, swat, or physically discipline;
-
(B) deprivation of food or sleep;
-
(C) deprivation of family visits;
-
(D) slapping, pinching, shaking, biting, pushing, shoving, thumping, or rough jerking;
-
(E) cursing or other verbal abuse;
-
(F) private or public humiliation or any act that degrades;
-
(G) derogatory remarks about the child, the child's biological family, race, religion, or cultural background;
-
(H) solitary confinement in areas such as closets, cellars, and rooms with locked doors;
-
(I) threatening to move the child from the foster home;
-
(J) use of any chemical agent, such as mace, sleeping pills, or alcohol;
-
(K) physical force or threat of physical force;
-
(L) assuming and maintaining an unnatural position, that may include holding arms out-stretched from the body, placing the nose against a wall, or forced squatting;
-
(M) tying with a rope, cord, or other object;
-
(N) ordering, allowing, or encouraging physical discipline or hitting by other children or anyone else in the home;
-
(O) washing the mouth out with soap, eating certain foods, that may include peppers or hot sauce for punishment; and
-
(P) forced physical exertion, such as running laps and push-ups.
(d) Physical restraint. The use of physical restraint is only justified as an emergency safety measure in response to imminent danger to the child or others and when no alternative means are sufficient to accomplish the purpose. Physical restraint may only be used when the foster parent has been properly trained and practiced in the restraint technique demonstrated in Behavior Crisis Management Training (BCMT). The foster parent completes and submits to the child's CW worker or resource specialist Form 04FC005E, Restraint Report for Foster Family Care, when restraint is used.
(e) OKDHS rules. The foster family must abide by OKDHS rules for discipline of a child in OKDHS custody even when there is a difference between OKDHS discipline rules and the methods used to discipline the family's own children.
INSTRUCTIONS TO STAFF 340:75-7-38
Revised 6-1-08
1. Assisting in non-physical methods of discipline. The child's Child Welfare (CW) worker or resource specialist is available to offer assistance in finding non-physical methods of discipline that are effective with the specific child. The CW worker intervenes to assist in defusing the situation. All persons are dealt with reasonably and calmly to avoid a confrontation that may lead to personal injury.
(1) Consultation with community resources or a mental health professional may assist in the development of appropriate discipline or behavior management techniques, per OAC 340:75-7-38.
(2) The CW worker makes referrals to parent training classes or in-service training.
2. Notification to schools regarding corporal punishment. Upon enrollment of a child in Oklahoma Department of Human Services (OKDHS) custody into a school that has a policy allowing the use of corporal punishment, the CW worker completes Form 04MP022E, Notification to School Regarding Use of Corporal Punishment, and submits it to the appropriate school official.
|