NAC432A.450. Institutions: Programs; use of isolation and restraints.

     1. Each licensee of an institution shall:

     (a) Formulate, in writing, a statement of:

          (1) The services and specific programs offered; and

          (2) The procedure for admission and the information which must be contained in an application for admission.

     (b) Obtain or develop a complete social study of each child not later than 30 days after his or her admission.

     (c) If caring for a child for money, enter into a written agreement with the parent of the child which outlines the duties and responsibilities of each party.

     2. Each licensee of an institution shall:

     (a) Establish a regular program of activities which has sufficient flexibility to respond to the needs of each child;

     (b) Integrate the institutional programs with activities in the community in a manner that allows children to participate in the normal living patterns of the community;

     (c) Maintain and develop constructive relationships between the child and his or her parents, brothers and sisters, other relatives and members of the staff of the institution;

     (d) Make the greatest use of small groups of persons to aid in developing the individuality of the child and helping him or her to attain a sense of personal identity;

     (e) Establish a program of personal hygiene for every child;

     (f) Provide every child with his or her own toiletries, including a toothbrush and comb, and with clean towels and washcloths;

     (g) Provide space for individual storage of toiletries; and

     (h) Establish policies governing the social, emotional, physical and intellectual development of each child.

     3. Each licensee of an institution shall provide supervised work for each child which is appropriate to the age, health and abilities of the child. Work must be assigned for the purpose of training and contributing to the growth of the particular child. Work must not interfere with the child’s time for school, periods of study, play and sleep, normal relations within the community or visits with his or her family.

     4. A licensee of an institution shall establish a written policy which sets forth:

     (a) Any daily chores that a child is expected to perform; and

     (b) Any merit system that will be used by the institution to provide consequences to a child for his or her conduct.

     5. A licensee of an institution shall not use any child to solicit money for the institution in any way which would be harmful or cause embarrassment to the child or his or her family. The written consent of the parent or legal guardian must be obtained before an institution may use a child’s picture or name in any written, visual or oral system of communication.

     6. Each licensee of an institution shall have written policies on religious training. The consent of a child’s parent must be obtained before a child may attend church or receive religious instruction.

     7. Each licensee of an institution is responsible for providing academic or vocational training to each child. The licensee of an institution shall, by using resources in the community, provide specialized training for children who are unable to benefit from a regular school program because of their physical, mental or emotional disabilities.

     8. Recreation and programs of activity must be planned as an integral part of the institution’s total program.

     9. Each licensee of an institution shall have a written, planned program to supervise the children’s health and provide medical and dental care.

     10. Each licensee of an institution shall provide a statement outlining the policies and procedures concerning the use of isolation or restraints on the children in the institution. The members of the staff of the institution must be trained and certified through a nationally recognized organization concerning the use of restraints. If isolation or restraints are used, a committee established by the institution must evaluate and review the process concerning the use of isolation or restraints within 30 days after isolation or restraints are used to determine:

     (a) Whether safety guidelines were followed by the institution;

     (b) The effectiveness of the process concerning modifying the behavior of the child; and

     (c) The institution’s compliance with the written policies and procedures of the institution.

     [Bd. for Child Care, Child Care Facilities Reg. §§ 18.7, 18.11-18.18, eff. 2-28-80]—(NAC A by R112-06, 4-23-2009)