SECTION 746.2805. What types of discipline and guidance or punishment are prohibited?  


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  • There must be no harsh, cruel, or unusual treatment of any child. The following types of discipline and guidance are prohibited:

    (1) Corporal punishment or threats of corporal punishment;

    (2) Punishment associated with food, naps, or toilet training;

    (3) Grabbing or pulling a child;

    (4) Putting anything in or on a child's mouth;

    (5) Humiliating, ridiculing, rejecting, or yelling at a child;

    (6) Subjecting a child to harsh, abusive, or profane language;

    (7) Placing a child in a locked or dark room, bathroom, or closet;

    (8) Placing a child in a restrictive device for time out;

    (9) Withholding active play or keeping a child inside as a consequence for behavior, unless the child is exhibiting behavior during active play that requires a brief supervised separation or time out that is consistent with §746.2803(4)(D) of this subchapter (relating to What methods of discipline and guidance may a caregiver use?); and

    (10) Requiring a child to remain silent or inactive for inappropriately long periods of time for the child's age.

Source Note: The provisions of this §746.2805 adopted to be effective September 1, 2003, 28 TexReg 1402; amended to be effective April 15, 2017, 42 TexReg 1575; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective March 10, 2021, 46 TexReg 1479; amended to be effective March 1, 2023, 48 TexReg 933