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 G - CHILDREN'S RIGHTS › Section 749.1001 - How must I protect the rights of children served by my child-placing agency?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must protect
				  the rights of children while they are in foster care or in adoptive placement
				  prior to the consummation of the adoption.
(b) You must ensure that a caregiver or an
				  adoptive parent, prior to consummation of the adoption, does not restrict or
				  deny a child's rights.
(c) You are
				  responsible for removing a child from a situation where abuse, neglect, or
				  exploitation exists.
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 G - CHILDREN'S RIGHTS › Section 749.1003 - What rights does a child in care have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child's rights are cumulative of any
				  other rights granted by law or other Licensing rules.
(b) The following categories include the
				  child's rights that you must adhere to:
(1)
				  Safety and care, including:
(A) The right to
				  good care and treatment that meets the child's needs in the most family-like
				  setting possible;
(B) The right to
				  be free from abuse, neglect, and exploitation; and
(C) The right to fair treatment;
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 G - CHILDREN'S RIGHTS › Section 749.1005 - How must I inform a child and the child's parents of their rights?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within seven days after you admit a child
				  into your agency, you must review the childs rights with the child and a childs
				  parent, unless the parents consent is not required. You must also provide the
				  child and a childs parent with a written copy of the childs rights.
(b) Child rights must be written in:
(1) Simple, non-technical terms;
				  and
(2) English, unless the person
				  does not understand English. The childs rights must be written in the persons
				  primary language, if possible.
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 G - CHILDREN'S RIGHTS › Section 749.1007 - What are a child's rights regarding education?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child must have an appropriate
				  education through participation in an educational/vocational program in the
				  most appropriate and least restrictive educational settings, for example:
				  attending regular classes conducted in an accredited elementary, middle, or
				  secondary school within the community or home schooling.
(b) Foster parents and caregivers must, as
				  applicable:
(1) Attend and participate in
				  school staffings, conferences, and education planning meetings;
(2) Make reasonable efforts to allow the
				  child to participate in extracurricular activities; and
(3) Make reasonable efforts to allow the
				  child to participate in school extracurricular activities to the extent of his
				  interests and abilities and in accordance with his service plan.
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 G - CHILDREN'S RIGHTS › Section 749.1009 - What right does a child have regarding contact with a parent?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must allow contact between a child
				  and his parent whose parental rights have not been terminated according to:
(1) Your policies; and
(2) The provisions of a court order or any
				  visitation agreement.
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 G - CHILDREN'S RIGHTS › Section 749.1011 - What right does a child have regarding contact with siblings?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child must have a reasonable
				  opportunity for sibling visits and contacts in an effort to preserve sibling
				  relationships.
(b) You must address
				  plans for sibling visits and contacts in the childs record.
(c) When you restrict sibling contact, you
				  must include justification in the child's record. Restrictions imposed by you
				  that continue for more than 60 days must be re-evaluated every 60 days by your
				  child placement management staff, who also must:
(1) Explain the reasons for the continued
				  restrictions to the child; and
(2)
				  Document the reasons 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 G - CHILDREN'S RIGHTS › Section 749.1013 - What right to privacy does a child have with respect to his contact with others?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  determined by child placement management staff or the child's parent, you may
				  not:
(1) Open or read the child's incoming or
				  outgoing mail, including electronic mail, unless necessary to assist the child
				  with reading or writing; or
(2)
				  Listen to or screen the child's telephone calls unless the child needs
				  assistance with using the telephone.
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 G - CHILDREN'S RIGHTS › Section 749.1015 - Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child's possessions must be free of
				  unreasonable searches and unreasonable removal of personal items.
(b) You may search a child, his possessions,
				  or his room only when you have reasonable suspicion:
(1) Of the presence of a prohibited item or
				  an item that endangers the child's safety;
(2) That the child made suicidal threats or
				  threatened to hurt himself or others; or
(3) That the child or children was involved
				  in theft.
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 G - CHILDREN'S RIGHTS › Section 749.1017 - May a caregiver conduct a body cavity search of a child in care?

Current through Reg. 49, No. 28; July 12, 2024
With the exception of a child's mouth, a caregiver may not
					 conduct a body cavity search of a child 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 G - CHILDREN'S RIGHTS › Section 749.1019 - What must a caregiver document regarding a search?

Current through Reg. 49, No. 28; July 12, 2024
A caregiver must document the following in the child's
					 record when conducting a search if it results in the removal of personal items
					 or clothing worn by the child:
(1) The
				  date of the search;
(2) The name of
				  the child;
(3) Reason for the
				  search;
(4) A description of what
				  was searched;
(5) The articles of
				  clothing removed, if applicable;
(6) The name of the person conducting the
				  search;
(7) The name of the
				  witness, if applicable;
(8) The
				  results of the search; and
(9) The
				  resolution of the issue with the child or children involved.
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 G - CHILDREN'S RIGHTS › Section 749.1021 - What techniques am I prohibited from using on a child?

Current through Reg. 49, No. 28; July 12, 2024
Certain techniques must not be used on a child,
					 including:
(1) Chemical restraints,
				  mechanical restraints, and seclusion. For more information on emergency
				  behavior intervention, see Subchapter L of this chapter (relating to Foster
				  Care Services: Emergency Behavior Intervention);
(2) Aversive conditioning, which includes,
				  but is not limited to, any technique designed to or likely to cause a child
				  physical pain, the application of startling stimuli, and the release of noxious
				  stimuli or toxic sprays, mists, or substances in proximity to the childs
				  face;
(3) Pressure
				  points;
(4) Rebirthing therapy;
				  and
(5) Hug and/or holding
				  therapy.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1101 - Who may I admit?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may only admit
					 children or young adults who meet your admission policy guidelines and whose
					 needs you can meet. If you adopt a change in your admission policies that
					 requires a change in the conditions of your permit, you must request an
					 amendment to your permit with us.
(b) Each placement must meet the child's
					 physical, medical, recreational, educational, and emotional needs as identified
					 in the child's admission assessment.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1103 - After a child in my care turns 18 years old, may the person remain in my care?

Current through Reg. 49, No. 28; July 12, 2024
(a) A young adult may
					 remain in your care until his 23rd birthday in order to:
(1) Transition to independence, including
					 attending college or vocational or technical training;
(2) Attend high school, a program leading to
					 a high school diploma, or GED classes;
(3) Complete your program; or
(4) Stay with a minor sibling.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1105 - May I admit a young adult into care?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You may admit a young adult into your transitional living program.
(b) For other programs or services, the young
					 adult must:
(1) Come immediately from another
					 residential child-care operation if the reason for admittance is consistent
					 with a condition listed in § 749.1103 of Title 40 (relating to After a
					 child in my care turns 18 years old, may the person remain in my care?);
					 or
(2) Be in the care of the Texas
					 Department of Family and Protective Services.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1107 - What information must I document in the child's record at the time of admission?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 include the following in the child's record at the time of admission:
(1) The child's name, gender, race, religion,
					 and date of birth;
(2) The name,
					 address, and telephone number of the managing conservator, the primary
					 caregivers for the child, any person with whom the child is allowed to leave
					 the foster home, and any other individual who has the legal authority to
					 consent to the child's medical care;
(3) The names, addresses, and telephone
					 numbers of biological or adoptive parents, unless parental rights have been
					 terminated;
(4) The names,
					 addresses, and telephone numbers of siblings;
(5) The date of admission;
(6) Medication the child is taking;
(7) The child's immunization
					 record;
(8) Allergies, such as
					 food, medication, sting, and skin allergies;
(9) Chronic health conditions, such as asthma
					 or diabetes;
(10) Known
					 contraindications to the use of restraint;
(11) Identification of the child's treatment
					 needs, if applicable, and any additional treatment services or programmatic
					 services the child is receiving;
(12) Identification of the child's high-risk
					 behaviors, if applicable, and the safety plan employees and caregivers will
					 implement related to the behaviors;
(13) If a suicide risk screening is required
					 at admission and the child is screened as having a high or potential risk of
					 suicide:
(A) The identification of any risk
					 factors or warning signs of suicide, if applicable and not already identified
					 in paragraph (12) of this section; and
(B) The safety plan employees and caregivers
					 will implement related to the risk factors and warning signs;
(14) The results of the suicide
					 screening at admission, if required;
(15) A copy of the placement agreement, if
					 applicable; and
(16) Documentation
					 of the attempt to notify the parent of the child's location as required by
					 §
												749.1113(c)(3)
					 of this title (relating to What information must I share with the parent at the
					 time of placement?), 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1109 - What is a placement agreement?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 placement agreement is your agreement with a child's parent or the child that
					 defines your roles and responsibilities and authorizes you to obtain or provide
					 services for the child. The placement agreement must include:
(1) Authorization permitting you to care for
					 the child;
(2) A medical consent
					 form signed by a person authorized by the Texas Family Code to provide consent;
					 and
(3) The reason for placement
					 and anticipated length of time 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1111 - What orientation must I provide a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within seven days of admission, you must
					 provide orientation to each newly admitted child who is five years old or
					 older. You must gear orientation to the intellectual level of the
					 child.
(b) Orientation must include
					 information about your policies on the following:
(1) Visitation, including family visitation
					 and overnight visitation;
(2)
					 Mail;
(3) Telephone
					 calls;
(4) Gifts;
(5) Personal possessions, including any
					 limits placed on the possessions the child may or may not have;
(6) Emergency behavior intervention,
					 including your agency's policies and practices on the use of personal restraint
					 and the child's input on preferred de-escalation techniques that caregivers can
					 use to assist the child in the de-escalation process;
(7) Discipline;
(8) The religious program and
					 practices;
(9) The educational
					 program;
(10) Trips away from the
					 home;
(11) Program expectations and
					 rules; and
(12) Internal grievance
					 procedures.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1113 - What information must I share with the parent at the time of placement?

Current through Reg. 49, No. 28; July 12, 2024
(a) At admission,
					 you must provide the following policies to the parent placing the child:
(1) Fee policies;
(2) Emergency behavior intervention
					 policies;
(3) Discipline
					 policies;
(4) Adoption policies, if
					 applicable; and
(5) Any other
					 policies required by us, upon request of the 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 1 - ADMISSIONS › Section 749.1115 - What information must I provide caregivers when I admit a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) By the day you admit the child for care,
					 you must provide the caregivers responsible for the child's care with
					 information about the child's immediate needs, such as enrolling the child in
					 school or obtaining needed medical care or clothing.
(b) You must inform appropriate caregivers of
					 any special needs, such as medical or dietary needs or conditions or
					 supervision needs, and document that you shared the information with the
					 caregiver.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 2 - ADMISSION ASSESSMENT › Section 749.1131 - When must I complete the admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
You must complete a non-emergency admission assessment
						prior to admission.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 2 - ADMISSION ASSESSMENT › Section 749.1133 - What information must an admission assessment include?

Current through Reg. 49, No. 28; July 12, 2024
(a) An admission assessment must provide an
					 initial evaluation of the appropriate placement for a child and ensure that you
					 obtain the information necessary for you to facilitate service
					 planning.
(b) Prior to a child's
					 non-emergency admission, an admission assessment must be completed, which
					 includes:
(1) The child's legal
					 status;
(2) A description of the
					 circumstances that led to the child's referral for substitute care;
(3) A description of the child's behavior,
					 including appropriate and maladaptive behavior, and any high-risk
					 behavior;
(4) Any history of
					 physical, sexual, or emotional abuse or neglect;
(5) Any history of trauma;
(6) Current medical and dental status,
					 including the available results of any medical and dental
					 examinations;
(7) Current mental
					 health and substance abuse status, including available results of any
					 psychiatric evaluation, psychological evaluation, or psychosocial
					 assessment;
(8) The child's current
					 developmental, educational, and behavioral level of functioning;
(9) The child's current educational level,
					 and any school problems;
(10) Any
					 applicable requirements of §749.1135 of this division (relating to What
					 are the additional admission assessment requirements when I admit a child for
					 treatment services?);
(11)
					 Documentation indicating efforts made to obtain any of the information in
					 paragraphs (1) - (10) of this subsection, if any information is not
					 obtainable;
(12) The services you
					 plan to provide to the child;
(13)
					 Immediate goals of placement;
(14)
					 The parent's expectations for placement, duration of the placement, and family
					 involvement;
(15) The child's
					 understanding of the placement; and
(16) A determination of whether and how you
					 can meet the needs of the child.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 2 - ADMISSION ASSESSMENT › Section 749.1135 - What are the additional admission assessment requirements when I admit a child for treatment services?

Current through Reg. 49, No. 28; July 12, 2024
When you admit a child for treatment services, you must
						do the following, 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 2 - ADMISSION ASSESSMENT › Section 749.1137 - What if I cannot obtain the required information for an admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must make
					 reasonable efforts to obtain all required information.
(b) If you and the child's parent determine
					 that attempting to get information at the time of placement would not be in the
					 child's best interests, you may postpone attempting to acquire the
					 information.
(c) In the child's
					 admission assessment, you must document why a:
(1) Particular piece of information is
					 unavailable; or
(2) Delay obtaining
					 a piece of information is necessary, including efforts made to obtain the
					 information.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 3 - REQUIRED ADMISSION INFORMATION › Section 749.1151 - What are the medical requirements when I admit a child into care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must ensure that the child has a
					 medical examination by a health-care professional within 30 days after the date
					 of admission. This exam is not required if you have documentation that the
					 child has had a medical examination within the past year, including
					 documentation in the child's health passport if the child is in the
					 department's conservatorship.
(b)
					 If you admit a child with primary medical needs, you must provide the child
					 with a medical examination by a health-care professional within seven days
					 before or three days after admission.
(c) If a child admitted shows symptoms of
					 abuse or illness, a health-care professional must examine the child
					 immediately.
(d) The reports and
					 findings of any medical examination must be documented in the child's record
					 according to § 749.1401(b) and (c) of Title 40 (relating to What general
					 medical requirements must my agency meet?).
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 3 - REQUIRED ADMISSION INFORMATION › Section 749.1153 - What are the dental requirements when I admit a child into care?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the child is younger than three years
					 old and a health-care professional recommends a dental examination, then you
					 must ensure that a dentist examines the child.
(b) A child three years old or older must
					 have a dental appointment scheduled with a dentist within 30 days after the
					 date of admission, and the examination must occur within 90 days after the date
					 of admission. A dental examination is not required if you have documentation
					 that the child has had a dental examination within the past year, including
					 documentation in the child's health passport if the child is in the
					 department's conservatorship.
(c)
					 The report and findings of the dental examination must be documented in the
					 child's record according to § 749.1409(b) and (c) of Title 40 (relating to
					 What general dental requirements must my agency meet?).
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 3 - REQUIRED ADMISSION INFORMATION › Section 749.1155 - What must I document when I re-admit a child for care?

Current through Reg. 49, No. 28; July 12, 2024
For re-admission, you must complete the admission
						documentation as if the child was never in your care; or for children that were
						discharged from your agency within the last 12 months, you may update the
						previous admission documentation.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 4 - EMERGENCY ADMISSION › Section 749.1181 - For which of my programs may I accept emergency admissions?

Current through Reg. 49, No. 28; July 12, 2024
You may accept emergency admissions in all of your
						programs with the exception of a transitional living program.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 4 - EMERGENCY ADMISSION › Section 749.1183 - What constitutes an emergency admission to my child-placing agency?

Current through Reg. 49, No. 28; July 12, 2024
It is an emergency admission if:
(1) You must place the child within 72
					 hours;
(2) The child was removed
					 from a situation involving alleged abuse or neglect;
(3) The child is an alleged perpetrator of
					 abuse and cannot be served in the child's current placement due to the child's
					 perpetrating behaviors;
(4) The
					 child displays behavior that is an immediate danger to self or to others and
					 cannot function or be served in his current setting;
(5) The child was abandoned and, after
					 exercising reasonable efforts, the child's identity cannot be immediately
					 determined. You must document the efforts made to obtain information on the
					 child's identity in the child's record;
(6) The child was removed from the child's
					 home or placement, and there is an immediate need to find a residence for the
					 child;
(7) A law enforcement
					 officer released the child to your child-placing agency that has been
					 authorized to accept such admissions ; or
(8) The child is otherwise without adult
					 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 4 - EMERGENCY ADMISSION › Section 749.1185 - May I take possession of a child from a law enforcement officer?

Current through Reg. 49, No. 28; July 12, 2024
You may take possession of a child from a law enforcement
						officer only if you meet the requirements of 40 TAC Chapter 745, Subchapter H,
						Division 2 (relating to Taking Possession of a Child Directly from a Law
						Enforcement Officer).
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 4 - EMERGENCY ADMISSION › Section 749.1187 - For an emergency admission, when must I complete all of the requirements for an admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
(a) For
					 an emergency admission, you must complete all of the requirements (see Division
					 2 of this subchapter (relating to Admission Assessment)) for an admission
					 assessment within 40 days from the date of the child's admission.
(b) In an emergency admission of a child
					 receiving treatment services, the child must not continue in care for more than
					 30 days after the date of admission unless the child has received the
					 psychiatric evaluation, psychological evaluation, psychosocial assessment, or
					 medical evaluation that is required by § 749.1135 of Title 40 (relating to
					 What are the additional admission assessment requirements when I admit a child
					 for treatment services?), and the evaluation or assessment indicates
					 manifestations of the disorder requiring treatment services. All evaluations
					 and assessments must be signed, dated, and documented 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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 4 - EMERGENCY ADMISSION › Section 749.1189 - At the time of an emergency admission, what information must I document in the child's record?

Current through Reg. 49, No. 28; July 12, 2024
At the time of the emergency admission you must document
						in the child's record:
(1) A brief
					 description of the circumstances necessitating the emergency
					 admission;
(2) The date of
					 admission;
(3) Allergies, such as
					 food, medication, sting, and skin allergies;
(4) Chronic health conditions, such as asthma
					 or diabetes;
(5) Known
					 contraindications to the use of restraint;
(6) Identification of the child's high-risk
					 behaviors, if applicable, and the safety plan employees and caregivers will
					 implement related to the behaviors;
(7) If a suicide risk screening is required
					 at admission and the child is screened as having a high or potential risk of
					 suicide:
(A) The identification of any risk
					 factors or warning signs of suicide, if applicable and not already identified
					 in paragraph (6) of this section; and
(B) The safety plan employees and caregivers
					 will implement related to the risk factors and warning signs;
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 5 - FOSTER CARE PLACEMENT › Section 749.1251 - What are the requirements for pre-placement visits for a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child over six months of age must visit
					 the foster home at least once before placement.
(b) There must be a meaningful interval
					 between the pre-placement visit and the placement. This interval must be at
					 least sufficient to allow a child and foster parents to have privacy, an
					 opportunity to discuss and consider placement, and to have their questions,
					 opinions, and concerns addressed.
(c) You must document pre-placement visits in
					 the child's record.
(d)
					 Pre-placement visits are not required for emergency admissions.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 5 - FOSTER CARE PLACEMENT › Section 749.1253 - What must staff do to prepare a child for a placement?

Current through Reg. 49, No. 28; July 12, 2024
(a) The child-placement staff must discuss
					 with the child the circumstances that make the placement necessary, as
					 appropriate to the child's age and ability to respond orally and behaviorally
					 to such a discussion. The discussion must take place prior to or at the time of
					 the placement of a child.
(b) You
					 must document into the child's record:
(1)
					 That the discussion occurred; and
(2) The child's understanding of and response
					 to the discussions and the placement.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 5 - FOSTER CARE PLACEMENT › Section 749.1255 - What information from an admission assessment must I share with the caregivers responsible for the child's care?

Current through Reg. 49, No. 28; July 12, 2024
(a) In a non-emergency placement, you must
					 share all information from the admission assessment with the foster parents or
					 caregiver responsible for the child's care prior to placement.
(b) In an emergency placement, you must share
					 with the foster parents or caregiver responsible for the child's care:
(1) At the time of placement, all available
					 information relating to the child's needs and your plans for care and
					 management; and
(2) Within 10 days
					 of completing the admission assessment, all information from the admission
					 assessment.
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 6 - SUBSEQUENT PLACEMENT › Section 749.1281 - What are the requirements when I move a child from one foster home to another?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the move is
					 not an emergency, child placement management staff must:
(1) Review and approve the move before you
					 move the child to the new placement;
(2) Document the review and approval in the
					 child's record, including signature and date; and
(3) Comply with the pre-placement
					 requirements in § 749.1251 of Title 40 (relating to What are the
					 requirements for pre-placement visits for a child?).
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 H - FOSTER CARE SERVICES: ADMISSION AND PLACEMENT › Division 7 - POST-PLACEMENT CONTACT › Section 749.1291 - What are the requirements for contact between child placement staff and children in foster care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for children
					 receiving treatment services for primary medical needs, child placement staff
					 must have monthly face-to-face contact with a child in care. However, staff can
					 miss two visits per year, provided a child does not go longer than 60 days
					 without a visit.
(b) For children
					 receiving treatment services for primary medical needs, child placement staff
					 or a nurse must have face-to-face contact with a child in care twice every
					 month with no more than 20 days between visits. However, staff can miss two
					 visits per year, provided a child does not go longer than 30 days without a
					 visit.
(c) At least half of the
					 contacts must occur in the foster home.
(d) These contacts are to ensure the:
(1) Child is safe;
(2) Needs of a child are being met;
					 and
(3) Placement continues to be
					 appropriate.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1301 - What are the requirements for a preliminary service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must complete a preliminary service
					 plan that addresses the immediate needs of the child within 72 hours, such as
					 supervision requirements, enrolling the child in school or obtaining needed
					 medical care or clothing.
(b) In
					 addition, for a child receiving treatment services the preliminary service plan
					 must include:
(1) A description of the child's
					 immediate treatment and care needs;
(2) A description of the child's immediate,
					 educational, medical, and dental needs, including possible side effects of
					 medications or treatment prescribed to the child;
(3) A description of how you will meet the
					 child's needs, including any necessary increased supervision or follow-up
					 actions of possible side effects of medication or treatment provided to the
					 child;
(4) The identification of
					 any issues or concerns the child may have that could escalate a child's
					 behavior. Identification of a child's issues or concerns must serve to avoid
					 the use of unnecessary emergency behavior interventions with the child. Child
					 concerns may include issues with food, eye contact, physical touch, personal
					 property, or certain topics; and
(5) A designation of who will be responsible
					 for meeting each of the child's needs.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1305 - Who must be involved in developing the preliminary service plan?

Current through Reg. 49, No. 28; July 12, 2024
The child placement staff must develop, sign, and date
						the preliminary service plan.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1307 - When must I complete an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
You must complete the initial service plan within 45 days
						after you admit the child.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1309 - What must a child's initial service plan include?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must base the
					 child's initial service plan on the child's needs identified in the child's
					 admission assessment and integrate trauma informed care in the care, treatment,
					 and management of each child. The service planning team may prioritize the
					 child's service planning goals and objectives based on the child's admission
					 assessment. However, any required service plan components not initially
					 addressed must have a justification for the delay in addressing the
					 needs.
(b) The child's initial
					 service plan must be documented in the child's record and include those items
					 that a preliminary plan must include (see §
											749.1301
					 of this title (relating to What are the requirements for a preliminary service
					 plan?)), and the items noted below for each specific type of service that you
					 provide the child:
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1311 - Who must be involved in developing an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) A service planning team must meet (e.g.
					 face-to-face, video conference, or teleconference) to discuss and develop the
					 service plan. The team must consist of:
(1)
					 At least one of the child's current caregivers;
(2) At least one professional service
					 provider who provides direct services to the child; and
(3) If you are providing treatment services
					 to the child, at least two of the following professionals:
(A) A licensed professional
					 counselor;
(B) A
					 psychologist;
(C) A psychiatrist or
					 physician;
(D) A licensed
					 registered nurse;
(E) A licensed
					 master's level social worker;
(F) A
					 licensed or registered occupational therapist; or
(G) Any other person in a related discipline
					 or profession that is licensed or regulated in accordance with state
					 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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1312 - Can the service planning team discuss and develop a child's service plan in separate meetings?

Current through Reg. 49, No. 28; July 12, 2024
Yes, the service planning team may meet in one meeting,
						two or more meetings, or in separate meetings, provided that each service
						planning team member is informed of the discussions and comments regarding the
						child's service plan that were made at each meeting.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1313 - When must I inform the child's parents and foster parents of an initial service plan meeting?

Current through Reg. 49, No. 28; July 12, 2024
(a) The child's
					 parents and foster parents must have at least two weeks advance notice of the
					 initial service plan meeting.
(b)
					 The child's record must include documentation of the notice and any responses
					 from the parents and foster parents.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1315 - Must a professional service provider or a professional who must participate in a child's service plan be an employee of my agency?

Current through Reg. 49, No. 28; July 12, 2024
No. You may employ or contract with a professional
						service provider or any other professional who participates in a child's
						service plan.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1317 - What roles do professional service providers have in service planning?

Current through Reg. 49, No. 28; July 12, 2024
The roles of professional service providers in service
						planning include:
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1319 - What must I document regarding a professional service provider's participation in the development of an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must document the professional
					 service provider's:
(1) Name; and
(2) Date of participation.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1321 - With whom do I share the initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must give a copy or summary of the
					 initial service plan to the:
(1) Child, when
					 appropriate. At a minimum, you must give a copy or summary of the plan to a
					 child 14 years of age or older, unless there is justification for not providing
					 the plan;
(2) Child's parents;
					 and
(3) Child's
					 caregivers.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 1 - SERVICE PLANS › Section 749.1323 - When must I implement a service plan?

Current through Reg. 49, No. 28; July 12, 2024
You must implement and follow an initial service plan as
						soon as all of the service planning team members have reviewed and signed the
						plan, but no later than 15 days after the date of the scheduled
						service-planning meeting involving the parents, foster parents, and the
						child.
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1331 - How often must I review and update a service plan?

Current through Reg. 49, No. 28; July 12, 2024
Except for when the child's placement within your agency
						changes because of a change in the child's needs, you must review and update
						the service plan as follows:
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 I - FOSTER CARE SERVICES: SERVICE PLANNING, DISCHARGE › Division 2 - SERVICE PLAN REVIEW AND UPDATES › Section 749.1333 - How does a child's transfer affect the timing of the review of the child's service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must review a
					 child's service plan whenever the child's placement changes because of a change
					 in the child's needs.
(b) If the
					 child's placement changes for another reason:
(1) The child' service planning team must
					 approve the decision not to review the plan; and
(2) You must document the decision not to
					 review the plan.