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(1) Each youth shelter care facility shall have a written policy for the discipline of youth. Copies shall be made available to all provider staff, referring parties, parents and the youth and shall include the philosophy of discipline, methods of discipline permitted, behavioral expectations of youth, and the purpose of discipline as it relates to the ongoing learning and developmental process.

(2) Discipline must not be physically or emotionally damaging.

(3) There must be no cruel, harsh, or unusual punishment.

(4) Verbal abuse of a youth is prohibited.

(5) No youth of any age shall be shaken or hit.

(6) Youth must not be denied meals, mail or contact with their families as punishment.

(7) No disciplinary practices of any sort shall be employed which are humiliating or degrading to the youth or which undermine the youth's self-respect.

(8) Medication shall never be used to discipline or threaten youth.

(9) Any staff person involved in or witnessing an infraction of this rule shall complete an incident report clearly detailing the events of the infraction. The report must be completed within 24 hours of the infraction.

(10) A copy of the incident report shall be placed in the youth's file and the incident shall be reported to the department for investigation within one working day of its occurrence.

(11) An investigation of the incident may be conducted by the department.

(12) A complete report of any investigation conducted by the youth shelter care facility shall be placed in the provider's records and shall be available for inspection by the department and the youth's placing agency.

History: Sec. 41-3-1103, 41-3-1142 and 52-2-111, MCA; IMP, Sec. 41-3-1142 and 52-2-113, MCA; NEW, 1998 MAR p. 489, Eff. 2/13/98; TRANS, from DFS, 1998 MAR p. 663.

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