A provider shall meet the physical, social, emotional, and cognitive needs of a child, and identify procedures to implement behavior management strategies for use with children in care. Behavior management strategies must offer limits, with positive guidance and direction, to help a child develop self-control and respect for the rights of others, be appropriate to a child's age and developmental level, and include strategies to prevent shaken baby syndrome and abusive head trauma.

1. (1) Spanking, hitting, pinching, biting, shaking, or inflicting any other physical punishment;
2. (2) Verbal abuse, shouting, threats, humiliation, or derogatory or sarcastic remarks about the child or the child's family;
3. (3) Restriction of movement or confinement;
4. (4) Isolating a child in an adjacent room, hallway, closet, darkened area, or any other area where a child cannot be seen or supervised;
5. (5) Punishment for lapses in toilet training;
6. (6) Withholding or forcing of meals, snacks, naps, or outdoor time to correct behavior;
7. (7) Demanding excessive physical exercise or excessive rest; and

8. (8) Placing substances in a child’s mouth to cause discomfort such as soap, food, or spices.

   A provider who is under investigation for abuse and neglect may not be in a caregiving role, if the department determines there is an imminent safety concern to a child in the provider's care.

   Health and safety requirements, 45 C.F.R. § 98.41.

A behavior management strategy may not be delegated to an older child or peer. Separation, when used as a strategy, must be within sight or hearing of a provider.

The parent of a child may not, while working at the program, use a prohibited discipline technique to discipline the parent's child.

The following methods of discipline are prohibited:

Source: 49 SDR 124, effective July 3, 2023 .

General Authority: SDCL 26-6-16 .

Law Implemented: SDCL 26-6-16 (6) .