reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.501 - What do certain terms mean in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These terms have the following meanings in this
						subchapter:
(1) Serious incident--A
					 non-routine occurrence that has or may have dangerous or significant
					 consequences for the care, supervision, or treatment of a child. The different
					 types of serious incidents are noted in § 749.503 of this division
					 (relating to When must I report and document a serious incident?).
(2) Triggered review of a child's
					 unauthorized absences--A review of a specific child's pattern of unauthorized
					 absences when the child has had three unauthorized absences within a 60-day
					 timeframe.
(3) Unauthorized
					 absence--A child is absent from a foster home without permission from the
					 foster parent, or other temporary caregiver, and cannot be located. This
					 includes when an unauthorized person has removed the child from the foster
					 home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.503 - When must I report and document a serious incident?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must report and
					 document the following types of serious incidents involving a child in your
					 care. The reports must be made to the following entities, and the reporting and
					 documenting must be within the specified timeframes:
Attached
						Graphic
(b) If
					 there is a medically pertinent incident that does not rise to the level of a
					 serious incident, you do not have to report the incident but you must document
					 the incident in the same manner as for a serious incident, as described in
					 §749.511 of this division (relating to How must I document a serious
					 incident?).
(c) If a child returns
					 before the required reporting timeframe outlined in subsection (a)(8) - (10) of
					 this section, you are not required to report the absence as a serious incident.
					 Instead, you must document within 24 hours after you become aware of the
					 unauthorized absence in the same manner as for a serious incident, as described
					 in §749.511 of this division.
(d) If there is a serious incident involving
					 an adult resident, you do not have to report the incident to Licensing, but you
					 must document the incident in the same manner as a serious incident. You do
					 have to report the incident to:
(1) Law
					 enforcement, if there is a fatality;
(2) The parent, if the adult resident is not
					 capable of making decisions about the resident's own care; and
(3) Adult Protective Services through the
					 Texas Abuse and Neglect Hotline if there is reason to believe the adult
					 resident has been abused, neglected or exploited.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.505 - What constitutes a suicide attempt by a child?

Current through Reg. 49, No. 28; July 12, 2024
A suicide attempt is a child's attempt to take his own
						life using means or methods for causing his death, including any act a child
						commits intending to cause his death, but excluding suicidal gestures where it
						is clear that the act was unlikely to cause death. Suicidal thoughts are not
						reportable as a suicide attempt.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.509 - How do I make a report of a serious incident or occurrence to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
(a) All serious incident reports must be made
					 directly to the Texas Abuse and Neglect Hotline.
(b) Foster parents must report any serious
					 incidents directly to the Texas Abuse and Neglect Hotline if the incident
					 involves a child under the care of the foster parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.511 - How must I document a serious incident?

Current through Reg. 49, No. 28; July 12, 2024
A serious incident must be documented in a written report
						that includes the following information:
(1) The name of the foster home or adoptive
					 home, physical address, and telephone number;
(2) The time and date of the
					 incident;
(3) The name, age,
					 gender, and date of admission of the child or children involved;
(4) The names of all adults involved and
					 their role in relation to the child(ren);
(5) The names or other means of identifying
					 witnesses to the incident, if any;
(6) The nature of the incident;
(7) The circumstances surrounding the
					 incident;
(8) Interventions made
					 during and after the incident, such as medical interventions, contacts made,
					 and other follow-up actions;
(9)
					 The treating licensed health-care professional's name, findings, and treatment,
					 if any;
(10) The resolution of the
					 incident; and
(11) If the child
					 returns to the operation after you complete the report for an unauthorized
					 absence, an update regarding the unauthorized absence and the child's
					 return.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.513 - What additional documentation must I include with a written serious incident report?

Current through Reg. 49, No. 28; July 12, 2024
You must include the following additional documentation
						with a written serious incident report, as applicable:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.515 - How long must I keep my incident reports?

Current through Reg. 49, No. 28; July 12, 2024
You must keep a copy of the incident reports on file for
						two years. The reports must be easily accessible to Licensing upon
						request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.517 - What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 notify the parent of each child in the care of each foster home verified by
					 your Child-Placing Agency of a deficiency in:
(1) A safe sleeping standard noted in
					 subsection (b) of this section; or
(2) The abuse, neglect, or exploitation
					 standard in §
												749.1003(b)(1)(B)
					 of this chapter (relating to What rights does a child in care have?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 749.519 - How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within five days after you receive notification of a deficiency described in
					 §749.517 of this division (relating to What are the notification
					 requirements when Licensing finds my operation deficient in a standard related
					 to safe sleeping or the abuse, neglect, or exploitation of a child in care?),
					 you must notify the parents of each child in the care of each foster home
					 verified by your Child-Placing Agency at the time of notification, including a
					 child who may not have been in care on the day of the actual
					 incident.
(b) When meeting the
					 notice requirements in subsection (a) of this section, your main office or a
					 branch office must notify the parents of children in the care of each foster
					 home that the office supervises.
(c) If the deficiency is for a safe sleeping
					 standard, you must notify the parents using Form 2970,
Notification of
					 Safe Sleeping Deficiency,
located on the Licensing provider
					 website.
(d) If the deficiency is
					 for the standard related to the abuse, neglect, or exploitation of a child in
					 care, you must notify the parents using Form 7266,
Notification of
					 Abuse/Neglect/Exploitation Deficiency,
located on the Licensing
					 provider website.
(e) You must
					 maintain and make available for our review, upon request, proof that you have
					 notified parents in writing of deficiencies in safe sleeping and abuse,
					 neglect, or exploitation, as required by subsection (a) of this
					 section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.529 - What are the retention requirements for my agency's policies?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain a copy of your policies
					 and procedures at the agency. They must be available for review by employees,
					 contract staff, caregivers, Licensing, or your clients, upon request.
(b) You must maintain copies of all current
					 and previous policies for at least two years.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.531 - What policies and procedures must I have for protecting records?

Current through Reg. 49, No. 28; July 12, 2024
You must have policies and procedures for:
(1) Protecting paper and electronic records
					 from destruction and loss; and
(2)
					 Clarifying the persons:
(A) Within your
					 agency who are authorized to access records; and
(B) Outside of your agency who are authorized
					 by law to have access to records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.533 - What additional policies and procedures must I have for electronic records?

Current through Reg. 49, No. 28; July 12, 2024
If you keep electronic records, you must develop policies
						and procedures in addition to the requirements in § 749.531 of Title 40
						(relating to What policies and procedures must I have for protecting records?).
						These policies and procedures must address:
(1) What records must be in the external
					 paper file and what records can be stored in the electronic file;
(2) Computer security systems, including
					 confidentiality, passwords, and employee procedures to ensure the security of
					 the system;
(3) Requirements for
					 routine back-up of data;
(4)
					 Anti-virus protection systems; and
(5) Limit access to your electronic files to
					 persons within your agency authorized to see specific information in an
					 electronic file.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.534 - Are electronic signatures allowed?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you may use electronic and digital signatures,
						including approvals by e-mail and electronic approvals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.535 - How current must a record be?

Current through Reg. 49, No. 28; July 12, 2024
(a) All
					 documentation must be in the record:
(1) No
					 later than 30 days after the occurrence or event;
(2) As otherwise specified in this
					 chapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.537 - Must I make records available for Licensing to review?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must make all active records
					 available for our immediate review and reproduction.
(b) You must make all archived records
					 available for our review and reproduction within 48 hours.
(c) We must have reasonable access to your
					 storage and file areas in order to monitor your record keeping.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 749.539 - Where must I maintain foster home disaster and emergency plans?

Current through Reg. 49, No. 28; July 12, 2024
You must maintain a copy of each current foster home
						disaster and emergency plan at the main office, the relevant branch office, or
						in a central administratively designated location.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 749.551 - Where must I maintain personnel records?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain all active personnel
					 records at the main office or keep individual personnel records at the office
					 where each person is working.
(b)
					 You must maintain archived personnel records at the main office, the relevant
					 branch office, and/or in a central administratively designated
					 location.
(c) You may archive
					 entire closed personnel records electronically.
(d) Your system for maintaining all personnel
					 records must be uniform throughout the agency.
(e) You must maintain in the main office of
					 the agency a master list of active and archived personnel records with a
					 notation of the location of those records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 749.553 - What information must the personnel record of an employee include?

Current through Reg. 49, No. 28; July 12, 2024
For each employee, excluding foster parents, the
						personnel record must include:
(1)
					 Documentation showing the date of employment;
(2) Documentation showing how the person
					 meets the minimum age and qualifications for the position;
(3) A current job description;
(4) Evidence of any valid professional
					 licensures, certifications, or registrations the person must have to meet
					 qualifications for the position, such as a current renewal card or a letter
					 from the credentialing entity verifying that the person has met the required
					 renewal criteria;
(5) A copy of the
					 record of tuberculosis screening conducted prior to the person having contact
					 with children in care showing that the employee is free of contagious
					 tuberculosis as provided in § 749.1417 of Title 40 (relating to Who must
					 have a tuberculosis (TB) examination?);
(6) A notarized Licensing
Affidavit
					 for Applicants for Employment
form as specified in Human Resources
					 Code, §
											42.059;
(7) A statement signed and dated by the
					 employee documenting that the employee has read a copy of the operational
					 policies required by § 749.103 of Title 40 (relating to What policies and
					 procedures must I submit for Licensing's approval as part of the application
					 process?);
(8) A statement signed
					 and dated by the employee indicating the employee must immediately report any
					 suspected incident of child abuse, neglect, or exploitation to the Texas Abuse
					 and Neglect Hotline and the agency's administrator or administrator's
					 designee;
(9) Proof of request for
					 background checks required by Chapter 745, Subchapter F of Title 40 (relating
					 to Background Checks);
(10) For
					 each person who transports a child, a copy of:
(A) The person's valid driver's license;
					 or
(B) A driver's license check
					 conducted through the Texas Department of Public Safety within the last 12
					 months;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 749.554 - What information regarding personnel must be kept confidential?

Current through Reg. 49, No. 28; July 12, 2024
All background check results must be kept confidential,
						in accordance with Human Resources Code § 40.005(d) and (e). Background
						check results must be protected from unauthorized access or
						release.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 749.555 - How long must I maintain personnel records?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain annual training records
					 for current personnel for the last full training year and current training
					 year.
(b) With the exception of
					 subsection (a) of this section, you must keep personnel records for a year
					 after an employee's last day on the job, or until any investigation involving
					 the employee is resolved, whichever is longer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.571 - What client records must I maintain?

Current through Reg. 49, No. 28; July 12, 2024
You must maintain master records for all clients. The
						records must be individualized, current, and complete. The master record may
						include electronic records.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.573 - Where must I maintain active master records for clients?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain the active master case
					 record for a child at the office where the child placement staff that is
					 managing the child's placement is located.
(b) You must maintain the active master
					 record for a foster or adoptive home at the office where the child placement
					 staff that is managing the home is located.
(c) You must maintain a master list of active
					 client records with a notation of the location of those records in the main
					 office of the agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.575 - What is an active record for a child?

Current through Reg. 49, No. 28; July 12, 2024
An active child record consists of the child's record for
						the most recent 12 months of service.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.577 - What information must an active child record include?

Current through Reg. 49, No. 28; July 12, 2024
For each child, the active record must include:
(1) The child's full name and another method
					 of identifying the child, such as a client number; and
(2) Documentation of known allergies and
					 chronic conditions on the exterior of the child's record or in another place
					 where the information is clearly visible to persons with access to the record,
					 including a notation of "no known allergies" when applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.579 - How must I maintain an active child record?

Current through Reg. 49, No. 28; July 12, 2024
On an on-going basis, you must ensure that each child's
						record is:
(1) Kept accurate and
					 current;
(2) Locked and kept in a
					 safe location or locations; and
(3)
					 Kept confidential as required by law.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.581 - Where must I maintain archived master records for clients?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain archived client records
					 at the main office, the branch office that served the client, and/or in a
					 central administratively designated location.
(b) You may archive entire closed client
					 records electronically.
(c) Your
					 system for maintaining all client records must be uniform throughout the
					 agency.
(d) You must maintain a
					 master list of archived client records with a notation of the location of those
					 records in the main office of the agency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.583 - Who must consent to the release of a child's record?

Current through Reg. 49, No. 28; July 12, 2024
Unless you are releasing information to a parent, to us,
						or as required by law, you may not release any portion of a child's record to
						any agency, organization, or individual without the written consent of the
						person legally authorized to consent to the release.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.585 - How long must I maintain client records?

Current through Reg. 49, No. 28; July 12, 2024
(a) For children placed in adoption, you must
					 maintain complete child, birth parent, and adoptive family records permanently
					 or transfer them, as appropriate, to the Bureau of Vital Statistics.
(b) You must maintain a foster child's
					 complete record from admittance to discharge for two years from the date of
					 discharge, or until the resolution of any investigation involving the child,
					 whichever is longer.
(c) You must
					 maintain records for verified foster homes for at least five years after the
					 foster home is closed. This includes foster homes that did not receive
					 placements.
(d) You must maintain
					 records for approved adoptive applicants with whom you did not place a child
					 for at least five years after the family withdraws or you close consideration
					 of the family for a placement.
(e)
					 You must maintain records for applicants for foster or adoptive homes whom you
					 did not verify or approve for at least one year after denial of the
					 application.
(f) You do not have to
					 maintain records of foster or adoptive home applicants who drop out before the
					 completion of a home screening.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 4 - CLIENT RECORDS › Section 749.587 - How must I handle adoption records if I cease operating?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you cease operating, you must transfer
					 adoption records to:
(1) The Department of
					 State Health Services, Bureau of Vital Statistics, and provide written
					 notification to Licensing of the transfer; or
(2) Another licensed child-placing agency. If
					 you transfer your records to another child-placing agency, you must inform the
					 Bureau of Vital Statistics, in writing, of the closing and of the location of
					 the adoption records. You must send a copy of the letter you send to the Bureau
					 of Vital Statistics to the local Licensing office.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.590 - What additional requirements are there for unauthorized absences of children from a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
					 unauthorized absence of a child, you must:
(1) Document the unauthorized absence in an
					 annual summary log, as required by § 749.591 of this division (relating to
					 What documentation must be included in an annual summary log for a child who
					 has an unauthorized absence?); and
(2) Debrief the child, as required by §
					 749.592 of this division (relating to What are the requirements for debriefing
					 a child after an unauthorized absence?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.591 - What documentation must be included in an annual summary log for a child who has an unauthorized absence?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 For each unauthorized absence during the relevant year, you must document the
					 following information in an annual summary log:
(1) The name, age, gender, and date of
					 admission of the child who was absent;
(2) The time and date the unauthorized
					 absence was discovered;
(3) How
					 long the child was gone or if the child did not return;
(4) The name of the caregiver responsible for
					 the child at the time the child's absence was discovered;
(5) The intake report number, if a report was
					 made to Licensing or the Department of Family and Protective Services;
					 and
(6) Whether law enforcement was
					 contacted, including the name of any law enforcement agency that was contacted
					 and the number of the police report, if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.592 - What are the requirements for debriefing a child after an unauthorized absence?

Current through Reg. 49, No. 28; July 12, 2024
(a) After a child
					 returns to the foster home from an unauthorized absence, the foster parent, or
					 other appropriate person, must conduct a debriefing with the child as soon as
					 possible, but no later than 24 hours after the child's return. The purpose of
					 the debriefing is for the child and the foster parent, or other appropriate
					 person, to discuss the following:
(1) The
					 circumstances that led to the child's unauthorized absence;
(2) The trauma informed strategies the child
					 can use to avoid future unauthorized absences and how the foster parent can
					 support those strategies;
(3) The
					 child's condition; and
(4) What
					 occurred while the child was away from the foster home, including where the
					 child went, who was with the child, the child's activities, and any other
					 information that may be relevant to the child's health and safety.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.593 - When must a triggered review of a child's unauthorized absences occur?

Current through Reg. 49, No. 28; July 12, 2024
(a) A triggered review of a child's
					 unauthorized absences must occur as soon as possible, but no later than 30 days
					 after the child's third unauthorized absence within a 60-day
					 timeframe.
(b) A regularly
					 scheduled review of the child's service plan can serve as the triggered review
					 of a child's unauthorized absences, if the regularly scheduled review:
(1) Meets the requirements in § 749.595
					 of this division (relating to What must the triggered review of a child's
					 unauthorized absences include?); and
(2) Takes place no later than 30 days after
					 the child's third unauthorized absence within a 60-day timeframe.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.594 - Who must participate in a triggered review of a child's unauthorized absences?

Current through Reg. 49, No. 28; July 12, 2024
(a) The triggered
					 review of a child's unauthorized absences must include the following
					 participants:
(1) The child;
(2) The foster parent; and
(3) Child placement staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.595 - What must a triggered review of a child's unauthorized absences include?

Current through Reg. 49, No. 28; July 12, 2024
A triggered review for a child's unauthorized absences
						must include the following:
(1) A
					 review of the child's records documenting previous unauthorized absences,
					 including previous debriefings;
(2)
					 A review of service plan elements identified in § 749.1309(b)(1)(D) and
					 (H) and, as applicable, §
											749.1309(b)(2)
					 and (3) of this chapter (relating to What
					 must a child's initial service plan include?);
(3) An examination of trauma informed
					 alternatives to minimize the unauthorized absences of the child; and
(4) A written plan to reduce the unauthorized
					 absences of the child, which you must document in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter D - REPORTS AND RECORD KEEPING › Division 5 - UNAUTHORIZED ABSENCES › Section 749.596 - What is an overall agency evaluation for unauthorized absences?

Current through Reg. 49, No. 28; July 12, 2024
(a) Every six months, you must conduct an
					 overall agency evaluation for unauthorized absences that have occurred at your
					 foster homes during that time period.
(b) The objectives of the evaluation are to:
(1) Develop and maintain a trauma informed
					 environment that supports positive and constructive behaviors by children in
					 care; and
(2) Ensure the overall
					 safety and well-being of children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 1 - GENERAL REQUIREMENTS › Section 749.603 - Does education received outside of the United States count toward educational qualifications?

Current through Reg. 49, No. 28; July 12, 2024
Yes, however you must provide supporting information
						indicating that the education is equivalent to the minimum educational
						qualifications for the position for which the person is applying. Documents
						written in a foreign language must be translated into
						English.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 1 - GENERAL REQUIREMENTS › Section 749.605 - What minimum qualifications must all employees meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee's behavior or health status
					 must not present a danger to children in care.
(b) Each employee who is regularly or
					 frequently present while children are in care must:
(1) Meet the requirements in Subchapter F of
					 Chapter 745 of Title 40 (relating to Background Checks);
(2) Have a record of a tuberculosis
					 screening, showing the employee is free of contagious TB as provided in §
					 749.1417 of Title 40 (relating to Who must have a tuberculosis (TB)
					 examination?);
(3) Be physically,
					 mentally, and emotionally capable of performing assigned tasks and must have
					 the skills necessary to perform assigned tasks; and
(4) Complete a notarized Licensing
Affidavit for Applicants for Employment
form, as specified in
					 Human Resources Code, §
												42.059.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 1 - GENERAL REQUIREMENTS › Section 749.607 - What general responsibilities do all employees and caregivers have?

Current through Reg. 49, No. 28; July 12, 2024
Regardless of whether the employee or caregiver is
						counted in the child/caregiver ratio, each employee or caregiver must:
(1) In the absence of a more specific rule
					 requirement, demonstrate competency, prudent judgment, and self-control in the
					 presence of children and when performing assigned responsibilities;
(2) Report suspected abuse, neglect, and
					 exploitation to the Child Abuse Hotline and to the designated administrator or
					 supervisor; and
(3) Know and comply
					 with rules of this chapter, Chapter 42 of the Human Resources Code, Chapter 745
					 of Title 40 (relating to Licensing), and any other laws which are relevant to
					 the person's duties.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 1 - GENERAL REQUIREMENTS › Section 749.609 - What are the requirements for tuberculosis screening?

Current through Reg. 49, No. 28; July 12, 2024
Before having contact with children in care, all
						caregivers, employees, contract staff, volunteers, foster home household
						members, and employees in foster homes must be screened for tuberculosis as
						provided in § 749.1417 of Title 40 (relating to Who must have a
						tuberculosis (TB) examination?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 2 - CHILD-PLACING AGENCY ADMINISTRATOR › Section 749.631 - What qualifications must a child-placing agency administrator meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child-placing agency administrator
					 must:
(1) Meet the qualifications established
					 by the agency's governing body;
(2)
					 Be a Licensed Child-Placing Agency Administrator according to Chapter 43 of the
					 Human Resources Code and Chapter 745, Subchapter N of Title 40 (relating to
					 Administrator Licensing);
(3) Be a
					 full-time employee of the agency; and
(4) Be present at a Texas office of the
					 agency to provide on-site administrative oversight.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 2 - CHILD-PLACING AGENCY ADMINISTRATOR › Section 749.633 - Can a child-placing agency administrator be an administrator for two residential child-care operations?

Current through Reg. 49, No. 28; July 12, 2024
A child-placing agency administrator can be an
						administrator for two residential child-care operations, including a general
						residential operation or residential treatment center, if:
(1) Both operations are in good standing with
					 Licensing;
(2) The size and scope
					 of the operations are manageable by one person, which is clarified in the
					 written professional staffing plans;
(3) The person also holds a valid full
					 Child-Care Administrator License, if the second operation is a general
					 residential operation; and
(4) At
					 least one child-placing agency is managing 25 or fewer foster homes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 2 - CHILD-PLACING AGENCY ADMINISTRATOR › Section 749.635 - What responsibilities must the child-placing agency administrator have?

Current through Reg. 49, No. 28; July 12, 2024
The child-placing agency administrator must:
(1) Have daily supervision and overall
					 administrative responsibility for all your offices, including your main office
					 and any branch offices;
(2) Ensure
					 that the operation complies with current heightened monitoring plan(s), if
					 applicable; and
(3) Be responsible
					 for or assign responsibility for:
(A)
					 Administering and managing the agency according to your policies;
(B) Ensuring that the agency complies with
					 applicable rules of this chapter, Chapter 42 of the Human Resources Code,
					 Chapter 745 of this title (relating to Licensing), and other applicable
					 laws;
(C) Personnel matters,
					 including hiring, assigning duties, training, supervision, evaluation of
					 employees, and terminations;
(D)
					 Ensuring persons whose behavior or health status presents a danger to children
					 are not allowed at the agency or foster homes; and
(E) Administering and managing your approved
					 agency plans as stated in §
												749.101(3)
					 and (4) of this title (relating to What plans
					 must I submit for Licensing's approval as part of the application process?).
					 These plans:
(i) Evaluate the effectiveness or
					 your system for meeting the rules of this chapter; and
(ii) Ensure the investigation of reports of
					 minimum standards violations, upon our request.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 2 - CHILD-PLACING AGENCY ADMINISTRATOR › Section 749.637 - Who must have overall administrative responsibility when the child-placing agency administrator is absent on a frequent and/or extended basis?

Current through Reg. 49, No. 28; July 12, 2024
(a) The child-placing agency administrator
					 must designate an employee to be responsible for the overall administration of
					 the agency while the administrator is absent from the agency on a frequent
					 and/or extended basis.
(b) The
					 designee must be a Licensed Child-Placing Agency Administrator as required in
					 Chapter 43 of the Human Resources Code.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.661 - What employees must my agency have to perform child placement activities?

Current through Reg. 49, No. 28; July 12, 2024
Your agency must have the following employees
						identified:
(1) Child placement staff;
					 and
(2) Child placement management
					 staff.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.663 - What are the responsibilities of child placement staff?

Current through Reg. 49, No. 28; July 12, 2024
(a) Child placement staff providing foster
					 care services are responsible for:
(1)
					 Deciding whether to admit a child for placement, including completion of an
					 admission assessment and any other evaluation of a child for
					 placement;
(2) Placing a child into
					 a foster home or other substitute living arrangement;
(3) Managing the case of a child, including:
(A) Developing and updating of service
					 plans;
(B) Maintaining direct
					 contact with the child and the foster parents or other caregivers;
					 and
(C) Performing any additional
					 case management activities, including conducting and documenting supervisory
					 visits for compliance with § 749.2815 of Title 40 (relating to How often
					 must I have supervisory visits with the foster home and what must be evaluated
					 during a supervisory visit?);
(4) Orientation, assessment, and verification
					 of foster parents; and
(5)
					 Monitoring and providing support services to foster parents, including the
					 initiation of development plans, corrective actions, or adverse
					 actions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.667 - What are the responsibilities of child placement management staff?

Current through Reg. 49, No. 28; July 12, 2024
Child placement management staff must:
(1) Review and approve:
(A) All child placement activities, as
					 outlined in § 749.663 of Title 40 (relating to What are the
					 responsibilities of child placement staff?);
(B) Documentation of supervisory visits for
					 compliance with § 749.2815 of Title 40 (relating to How often must I have
					 supervisory visits with the foster home and what must be evaluated during a
					 supervisory visit?);
(C)
					 Investigation findings of minimum standards deficiencies that Licensing
					 requested you conduct; and
(D)
					 Corrective and adverse action plans involving foster families; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.669 - How do child placement management staff document approval?

Current through Reg. 49, No. 28; July 12, 2024
Child placement management staff must review and approve
						by signing and dating the following documents:
(1) Assessment/admission forms;
(2) Initial and subsequent placement
					 documents;
(3) Foster and adoptive
					 home screenings;
(4) Investigation
					 reports of minimum standards deficiencies that Licensing requested you
					 conduct;
(5) Foster home
					 development and/or corrective action plans;
(6) Initial and updated service
					 plans;
(7) Discharge or transfer
					 plans and summaries;
(8) Any
					 restrictions you impose on the child:
(A) For
					 more than 30 days that the treatment director or service planning team has not
					 approved; and
(B) That continues
					 for more than 30 days and must be re-evaluated by the child placement
					 management staff;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.673 - What are the qualifications that an employee must have to perform child placement activities?

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements that all employees must
						meet, employees who perform child placement activities must meet the following
						qualifications:
Attached
						Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.675 - What are the qualifications an employee must have to perform child placement management activities?

Current through Reg. 49, No. 28; July 12, 2024
In addition to the requirements that all employees must
						meet, employees who perform child placement management activities must meet the
						following qualifications:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter E - AGENCY STAFF AND CAREGIVERS › Division 3 - CHILD PLACEMENT STAFF AND CHILD PLACEMENT MANAGEMENT STAFF › Section 749.677 - What are the requirements for child placement management staff at a branch office?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have a
					 child placement management staff assigned for each branch office to perform the
					 child-placement activities.
(b)
					 Your child placement management staff must have and document at least 10
					 monthly supervision conferences per year with a branch-office employee who
					 performs child-placing activities.
(c) Employees performing child-placing
					 activities must have reasonable access to their supervisor(s).