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Arizona Child Care Facilities / Day Care Centers – What Standards Apply as to Discipline and Guidance?

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services – Chapter 5 – Department of Health Services – Child Care Facilities. Pursuant to Section R9-5-510 – AAC – Discipline and Guidance, child care facilities / day care centers have a duty to ensure that staff members follow specified rules and procedures for guidance and discipline. A facility can define and maintain consistent and reasonable rules for guidance and discipline involving a child’s behavior in the facility. A staff member cannot use a method of discipline that could cause harm to the safety, health or welfare of the child. Corporal punishment measures are prohibited. A staff member also is prohibited from using eating, napping, sleeping or toileting as means of discipline when a child misbehaves in a facility. In other words, a staff member cannot use hot sauce to discipline a child or deprive a child of fluids or food as a disciplinary measures. Mechanical restraints are also prohibited. These rules and regulations (if followed) can help prevent injuries to child by employees who believe that force and corporal punishment are the answers to disciplinary problems. If you believe that your child has been abused or neglected in a day care center / child care facility, call an Arizona child injury lawyer for consultation as to your child’s rights under Arizona law and actions that can be taken against the facility that violates your child’s rights.