1988 ADM-07 The discipline of Children in Foster Care 18 NYCRR Section 441.9

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Apsinis trative

Directive

SEW YouK STATE DeeaRTWint osocat stavices = ta
30 Non Beat So

Aboy, Sew Sork 12283

cesar A. Beeles, Commstoner as

TRANSMITTAL Nos

DATE:

10

sussecr:

susgesten
psstrigyrion:

SONTAGT PERSON:

86 oye?

Marsh i, 1988

Fasilly ead Chiléren's Services

Cammissioners of Social Setvices
Exeuutive Directors

‘The Discipline of Children.in Poster Care
LE NYCRR Section 4419

Social Serviess Staff
Ghd Placement Agencies
Stati Developer Cosrdinavors

Any queslions coneining this release should 2¢ d:rected 10
Frederic H. Cantlo, Regional Director, Metropolitan Region
Office, telephone [phone], soko O'Connor, Ragional
Ditecser, Albany Regional Office, telephone [phone]
Linda Brown, Acling Regional Ditector, Guffalo Regimal
tice, telephone [phone]; Prank’ Petrus, Regional
Director, Rochester Regional Office, telephone [phone],
Tack Kiump, Regional Dicectar, Syrecuse, Regional Otfice,
telephone [phone],

FILING REFERENCES

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ja directive has two purposes. The [sat is to facilitate eomplianes with
the Nepart-ment’s discipline regulation, #8.NYCRR Section 441.3,

Deprivation of meats, snacks, nail, or visite by famliy as methods of
ciseipline is prohibited.

‘B. Room isolation, as a mathed of discipline, ig prohibited.

c+ Gomporal ponishmant is prohibited.

4, Solitary eontinainsat fs prohibited,

Discipline shall be presee!dod, administered, anc supervised only by
adults, Sued responsibilities shall never be delegated to ehildeen.

‘The, second purpose is ta have amthorized agencise soview their poliey
maucals'on discipline, a¢ required by 18 NYCRR, Sectlon 441.4, to insure at
Such rmamiels ineiude tie Departments discipline regulation end prinelples saat
‘will provide staff aud faster parents with a framework to understand wnat
constitutes efveetive child discipline.

backeKoUND

The Dagartmant's regulatory paitey began to evoive in 1962 and resehed Us
resent form in 1972. It is m regiiatory seliey “hat applies to the eave af enlldren
in al: Foster eave prograins of all sublte and private agenates ta New York Stat

Since its inception the goal af the diseipline veguistions hus been to protect
ohikdran in ageucy esse from harifal pupiehment, abuso, maltteatent, and
Itaproper supervision, [mplielt in tbe discipline regulations are tha following
peineiplas

1,° Discipline Is an integeat zert of the education and soctalization of every
shi,

2. Normal growth of a ehitel and the deveiepm:
not possible without effective discipline.

of a strong self concept is

NOTE: The seif-concept is defined an page 32 of the Depart
publication,
Dapendent

OF self-worth and a self-identity that is realistic rath
Glstorted by, feelings. of personal inadequney, irrational anger or
unt,

3. Harsh and severe punishments ara ineffective metuocs of dissigline,
impede the daveloamant of a strong self-concext, and incranse the accial
distance between naretaking adulte and ebildeen,
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4y The nature of 2ach ettld’s disciglinery experienae prafoundiy influent
the development af yersonailty and the formation of chacacter,

5. The quality of digeiptinary peactiees often determines the stapiiity,
‘and health of « family/graup.

6. Adults responsible for the dlsclptine of shildren should mdststand each
chiids need far respect, digity, sxeurity, positive cole models, and
Gatistying relationehipe with peots and adults, sapecialy ‘hose who are
peresived as tis controlling authority in thelr fives.

ASLIMPLICATIONS

Arceptanes and understanding of artipent's potley ny new ehiid
welfare atafe and foster parents is gezeraily (wallitated by o9en discussions of
dividual views on eid digelpling ane by agency guidanos Uist suppor's the
stforte of stat? and foster parents at Wearing diselptnasy procticas
Consistent with the best interests of abildren.

Acceptance und understanding of te diseipline zoley, uceranee to Its
requirements, aad the ase af enlightened child cars yracticss (positive
Gisoipiine) are eseential for maintaining a funetfonal peagram thot ts goal
oriented, gonterned with the arotection anu tha daraiopmaent of children, nad
cupubie of implewenting petraaneney plans.

Vicintiuas af the disetgline puliey may he indicative of eystanctioning in a
feeter hams or in & faster eare iacillty. Dysfunationing mens « foster home
of a faakaity has beoome or is becoming incapable of responcag effectively £0
the aceds of an indivicual child or graup of chilieca. ‘The major eonsequences
of violations wit the diseioline policy may be one az more of the following:

1. Physieat injury to children.

2, Paychalogient trauma ta chiles

3. Braskdawne in eominunieution and reistlonships.
4. The demoralization of a femily/greup.

3 ‘The decline, if not toss, of family/sroup cohesiveness.

‘The importance of affective discipline for malataining functional fostar
home and & foster eara facitity makes it inewnsent upon all ugencies ‘with
Tostae care prograina to provide instruction for new aniid aare staft, Coster
parents, and caseworkers about their discipline policy and the methods of
isoipline prohibited by Department rgulation, Providing auch insteuction is
fa preuiminary but baste step to the mastery of skills that enabie child eure
workers, foster parents, and caseworkers to be effective disciplinarians w
such a cole is neoded,
Date March 1, 1988

Tone Ne 8 ABC Page No

NN. REQUIRED ACTION

Fy Marah 2, 1998 each authorized aysney with a foster care progeam shal 9¢
wired

‘To have reviewed Its poliey manual statement ou diselpline that is requis
by If NYCRR Seation 441.4, for the purpose of determining if (4 is
StalT und Coster parents 79 understand their roles and responsibilities as

eiglinacians in pramoting tha social adjustment and the eotieaul develop
sent af ahildren in faster curs,

NOTE: ‘the senpe and length ef the policy manual statement on discipline is

left to the digerstion of tha agency.

3. To make gertuin that the polley manusl statement highlights the
Deosttinent’s discipline regulation 14 NYCRR Section 441.9 and closti
dlesorihes what is meant by discipline.

“To aeovide instruction with regard to the potiey manus] atatem eat fore

1. Progea:a specialists, child rare staif, cusawaskers, supervisors. and

: ‘acministzators during the agency's urientation program on work dutias

i ‘and not ister than ve first day whont they are assigued respensibiity

i for woring diractly or-iadiraetiy in behalf of @ shld or children in
placemont,

AM tester parents arior to the slacsmsnt of the fisst child in 1
hema.

20 Uisvipline ana to prepare themselves for leading. staiT discussions on
Problems related 10 eorporal punishment, room iselation, soiltary
confinement, deprivation of fed, mail and fainiiy vii's a9 woll es other enild

1. To have sypervisory staf? learn the rationals for she Mepartmeuts ceguiations
Sraeiplive istes.
| ce

sori

Sea "The Rationale for the Diseigline Paiiey, Regulation 441.3"
pages ¢-L0 in Understanding State Policy on the Discipline of
Dependent chiér

¥. RECOMMENDED actions

‘As Provide faster parent applicants, asw child eare and chitd welfare staffs with
the opportunity ta participate in open digeussions of child diselpline. In
parileular, thale views on what they have found from their own experiences
to be affective discipline chould be examined and evatusted. Caeful goals of
such diseussions would be to erepare the participants for Learning prlncivies
of diselpuine and for mastering problem-solving me:tods thats

Proteat a childs Feeling of self-respect.

More: Appendix 4, Guidetines for Supervising Children.

169.9808 oer
Page Ro.

sede tn

2, Inevease the ehild’s seld-awareness of u family's ot group's sulsz
‘and of what le expected of him/her.

3. Reduoe

child's ancisty and improve the child's self-eontzol.

4. Promote sosial iearning and the child's .eapactty for aclf=
regulation.

Sugort and ~eintain a sociak olimate thst ia conducive *9 the
leveioprient of relationshigs, eonsiructive and hesithy social
interaction, and personal growth.

Wher indicated, enaourage foster narent agplieants, new ekild earo
workers, und begioning chitd welfare essevorkers to digexss what
they think of eorparat punishment, room ieslation, solisary evaline—
Inga and te Ueartvation af food, mail and famity visits 28 methods
‘of Uiseiptining ehiteren, Tiaetul goads of gush dlgctssions would be

‘To examine the ussunptions and fallacies that come persnns
nay use to astify severe and harsh punishaneats,

‘To dispst tye idea that severe and harsh punishments have any
lasting positive eifacts,

3. To underetand why severe and harsh punishrsents lower a childs
gel¢-conficenoe snd self-esteem and impede the developmen of
2 Strang sei eanespt.

4. To aistingulsh vetwoon fesnnaes and cigidity, Sexbility and
permissiveness, regtiinands and scoldings, ‘eiug authoritative
‘and authoritarian, strietness ad pusitiveness, et2.

Ensble ohild eace and ehiid welfure stuffs ta understand why room
igalotion 75 a metho of discipline is prohibited. Steff anc
euseworkers in institution where coun isolation ie wliowed an a.
restraint technique pursuant to 18 NYCRR Section 442.2 shoul
anderstand the difference between room isolation os a form of
Aisctpllne and room isoltion ax u form of restraint and shovld
ugderstand Rew and why room Feolation ean ba uned as a form of
restraint pursuant to the institution's restraint jolley. Staff and
easeworkers should be made aware of the defiaition of room
Isolation found in 18 WYCRR Section 441,17(8}(9).

nor!

‘The two policies may be further elurified by raviawing 82-
ADMAIK and pages S-1 of tie SORE bookdet,
Cnderstaiding State Polley on the Digeiptine “a!

Dependent Children,

Contact 4 region office af the Nexartment for technical
assistanos in developing or evaluating the agency's poliey menusl oa
Aiscipline and for consultation ragerding disciplinary tssuee that are
bur March 1, 1988

Tram Ne, _ BR ADE Puen
> not addrassed in this direetive or tre Department's vacklet,
(Chdzrstanding state Polisy on the Discipline of Dependent (hildren.

Vi ADNITION AL INFORMATION,

A. ‘The following ure recommended ag sources of informetion for
assisting agaacy staft in developing £9 poliey manual state:nen.

1. Understanding Stute Polioy on the Discipline of Dependent

Ghildren, New Vore State Department of Sociai Services.
Tabliealion #1208 (3/86) may be ardered Seo. the SDSS Forms
anid Pubileations Seetion, 4 North Saar! Street, Albany, New
are 12243, A copy may also be obtained [rom te
Departments regional oifieas.

- A Grane O16 American Tradition by Ralph S.

Walsh in Children Today, January-February 1998. Copies

: available Genie SUSS Materials Resource Canter, One
Commerce Plaus, Room 725, Albany, New York 12280,

‘The Child Care Worker: Diselpling, Instructor's Manual, DES
Punliestion No. T2G0202. A copy may be borrowed (rom the
SUSS Materials Aesoires Center, One Commerce Piaza, Room
725, albany, New York 12360.

eia_tyan,
Lastern

4. Fostering Diseipilne ~ Instruotor's Maus, ©:
f Ingtnte Tor the Suaiy of Children ane Pail

Michigan University, Ypslantl, Mlebigan 48157.

Postar Parent Trainings 4 Curriculum snd Resource Wanusl
Wew York State Chid Welfare Training Institute, State
University College xt Buffaia, 1300 Elmwood Avenue, Bacon
Hall 117, Ruffalo, New York 14222, A copy may be borrowed
from tha Wateriata Resoures Center, One Commerce Plaza,
Room 725, Albeny, Naw fork 12260,

A New Approncti to Discipline: Logical Consequences by R.
Draluars ahd L. Grey. This book introduced the principle of
logieal ronsequaness us un approach to child epre waek.

A Good Enough Parent: A Book on Child Rearing by Bruna
Bottelnetm: Chapear 3, "About Macipune", Chapter 10 "Why
Punjanraant Doeta't Work!, and Part Tl on. "Devoloping

Seifhood" are recommender for study by administrators and
supervisors.

8. 7Aa Integral Model of Carcgiver Discipline" by Stephen
Greenspand. Child Care Quarterly, Volume 14, Sumber 1,
Spring 1985, A modal of caregiver discipline ie presented that
attowpts to integrate the three most popular approaches =
referred to ag “afectlve%, “behavioral”, and "eogeltiva". “The
Trans So. 84,

1, 1988
oe?

Page 8s

integration is accomplished by demonstrating ow each af
‘tinee approaches "as 8 separate action prineigte ‘hat serves aa
4 mediating link between the thes dimensions of iscioling
Geonteal", Ttalerance’, and "warmth"? and. thes sesired
auteomas’ of discipline (the child personuiity traits of
nicenese", Mholdness", ane "hacpinesa"),

5, Spore the Rod!! A Resource Guides Alternatives ta Carparal
Punishment". National Asaociation of Social ‘Warkecs, 193
astern Avenue; Silver Springs, Maryiand 20319.

Teehniesl assistance in evaluating or revising the pollay manunl
statement required by 18 NYCAR, Section 441.4 nay be requested
from the Department's Regione! Offices,

Appendix “4, Recommended Cuidstines for Supervising Children:
Fanilitating the Fratgene of Responsible, Megizlined Hehavior t=
Intended for use in the orientation of aflld eare workers and foster
arante ea well aa in advanced training programs for sxpsrienesd
Tester parents and ageney atalt whose professional developmen: sad
ites ‘knowledge of the soclalfaation orocess,
positive digeipling, and the growth of the childs eelf-concept,

Appendix 3, Crition! Thinking Avout Dizoiplinary Issues, is intended
tor use in’ raining grogeains Tor Deginning caseworkers, foster
parents, and) ebile care workers” ia helping thecr to ‘respond
affsctively to digciplinary situations involving foster ehildesn.

freative

late of this directive is Maveh 1, 1988,

Deputy Comonissioner
Division of Family and
Children Services,

3

5

rm

Appendix A

RECOMMENDED CUIDELINES PUK SUPERVISING CHILDREN:
iG THE BNERGOYCE
‘DISCIELINED 5)

VEOR

Aim at ‘he creation of harmonious atmosphere and good relationships ‘ogethar
‘vith the establistenent end maintenance of resganable standards of vehavior.

ever let a otild or adolescent lose face in front a? peers. Should that Fappen, *:
child esre wor fan attompt by the eblld of adolescent ta regrin i:

r by doing somathing worge to show a Jack of caving aud to demoastrate that
‘oontrot Is beyond the child care workar.

Remember that the sothority to order others about separates those athe have to
‘bey orders fram Uiogs who ean give orders. Real authorisy which lends ta positive
‘behavior depends upon sound relationships and,a background of gocdwal. Getting
angry ot loud ereates on vipleadant atmosphere and ig Wikely tobe a diseatraging
reminder of incidents at hofe that tac demveaslied faraity ifs,

At the the of glueoment children shoud have the chanee to become familiar with
the rules or narms that govern group 9¢ family Ufo. Tao} should know what thes=
cbligute tiem to do for to refrain from doing) in cegard to others and “hey should
be clear about what they can expect from complisnee, Rules sould be: leur,
firm, apecitie, positive, emphasiziag what to va, not whist not to 9. Rules should
be ehforced vita each rale Raving consequence, cousistonthy gopliog after the
profibited bebavior or rule infraction. Enfareeman: ig most afveative when th
ESnsemvonce to logteally onosetec te fae otfere and has en lemant of rate
Mion.

Firmness with regard to rules and to appropriate modss of cammunication Is
Indieative of tha adult's avaraneus of the inufviduat and group aaed for sul6tunD,
and for limite that are clears also, it raficets u genuine coneaen far the well-reing
of children and an interest in them becoming easpansiata members of a funetional
ftoup oF farmity arganization,

Never sttoipt to discipline or pumist x faster child by theeutening 2xoulsion feom
the home or group. ‘the worrise and fears aommon to foster chiidean, such

taotie oan be sranaatie and countar productive.
Never attenpt to dlseipline or gonteol the foster obfld by *hrestening to tell che
sceial worker,

Adult attitudes such os empathy, putieues, cone#ra, and the absence of threats or
punishment play an Important part in helsing ehildeen in placement to cops with
‘he festings and contltets that disturd them.

Most children rainein cespousive to earetaxing adblte who avoid doing anything that
makes them feel inferior, petty, mean, confused, Yewidered, feurtul, or ashamed
of their family's social status.

Avoid ovarreantions that may frgh
(cause the shill to misunderstand 7

en, humiliate, of demean a ehild or that may
ignificanes of his/her behavior,
a

as.

Page 2 of Appendix A

Advite provide a moval Sor vasponsibie, dlgelptined banavies and enhance che
possibility of healthy and satis viog relationships by:

(a) uncarstanding the ebllite point of view even If the sdult does not agree with
ie

() Emphasizing positive

wodly nays of saying things and avoiding eritheal
fo) “Being ressonsbls, and ragponding with warmth, quiet speech, sneouragerent,
nd raspact.

4) Avoiding tage-to-faoe sontzontations particularly In front of neers, and trying
to unceretand the meaning that sr¢erlies a statement or ques:ion,

ecking clarification from the child or udolzseont if there are etemonta of
‘doubt or ambiguity In what je Being sad or questioned.

{0 Not reacting at onee to rudsnss by overt eriticisi or anger but stogping the
Undesirable boaaviow and tien finding out what eaused It.

ig) Racognining that the appearance of normality and strength is important ‘0
children and that their funationiog is sthanced by adults who consistently show
‘ifsotion {interpersonal satisfaction), acceptance (group status), and woprayst

‘personal worth)

Racognign tht the carrnetion af mishehavior raoui
Impfeinantation of the following three principles of iaciptine

ss the svepesstul

{) Emotionsi neutcality: It is a principle that emphasizes che importance of
coneigtently maintaining a neveral emotional appranch t9 negative behavior. TE
is a principle that does not discourage verbal interaction out implies that
verbul exclianges, especially arguing, are kept to a minimum.

tb) Rncourageinent: It ia w principia that emphasizes the importanes of the
professional ability to aecept ehituren as wortnwille and to assist them in the
‘development of thete capabiitias and potentlats

(@) Lagivat cansequmess: Tt is a principle thet reengnizes that conseqn
sveated by peaole for the purgose of changing of controlling the
others; 1t can be viewed aj the practical application of emotional neutrality
‘and encouragement in the diselplinary process.

Specie for Fostar Homes: During the asrly phat
unfabing nfostorenild the Hest tae helshe does something wrong in geur home.
Every famby neg Ite aien rules and ways of doing things. Try to understand the
reason for the ehlid’s banavior ang to provides the child with the guidaneo and
instruction that wil help him/her to learn the family's tules, the reasons for the
tulzs, amd the consequeners for arcaking a specific rule.