Administrative Code

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Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 131. Standards for Licensed Child-Placing Agencies

22VAC40-131-380. Behavior support and crisis intervention.

A. Licensees shall train and encourage foster parents to use positive behavioral support techniques that emphasize principals and methods to help a child achieve desired behavior and correct inappropriate behavior in a constructive and safe manner.

B. Licensees that prohibit the use of physical restraint shall develop a written policy prohibiting the use. The licensee shall document that foster care parents have been informed of the prohibition.

C. Licensees that permit the use of physical restraint shall require that:

1. Other methods of crisis intervention and behavior support are used prior to the use of physical restraint;

2. Physical restraint is limited to that which is minimally necessary to protect the child or others from injury;

3. The use of physical restraint is used as a part of a planned therapeutic intervention defined in the child's service or treatment plan or both;

4. Only designated professional staff and foster parents trained in licensee-approved less intrusive interventions and physical restraint techniques implement the interventions and techniques; and

5. Foster care parents complete and submit a report to the licensee documenting each use of physical restraint implemented with a child. Each report shall be made within a timeframe established by the licensee, documented on a format required by the licensee, and address the following elements:

a. The reason for the restraint;

b. A description of all other behavior support techniques attempted prior to the use of physical restraint;

c. A description of the physical hold used during the restraint;

d. The duration of the physical restraint;

e. The outcome or child's response to the physical restraint; and

f. Any known injuries occurring as a result of the restraint including any injuries reported by the child.

Statutory Authority

§§ 63.2-217 and 63.2-1734 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 28, Issue 10, eff. May 1, 2012.

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