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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 5 - ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A PERSONAL RESTRAINT › Section 749.2203 - What is the appropriate action for a caregiver to take to ensure the child's adequate respiration, circulation, and overall well-being?

Current through Reg. 49, No. 28; July 12, 2024
Appropriate action includes responding prudently to a
						potentially life-threatening situation, for example, releasing a child when a
						child is unresponsive or indicates the child cannot breathe and immediately
						seeking medical assistance from a health-care professional. The caregiver must
						take into account that a child may thrash about more violently as the child
						struggles to breathe.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 5 - ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A PERSONAL RESTRAINT › Section 749.2205 - What personal restraint techniques are prohibited?

Current through Reg. 49, No. 28; July 12, 2024
(a) The following personal restraint
					 techniques are prohibited:
(1) Restraints
					 that impair the child's breathing by putting pressure on the child's torso,
					 including restraints that obstruct the child's lungs from expanding such as
					 leaning a child forward during a seated restraint;
(2) Restraints that obstruct the child's
					 airway, including procedures that place anything in, on, or over the child's
					 mouth, nose, or neck;
(3)
					 Restraints that obstruct a caregiver's ability to view the child's
					 face;
(4) Restraints that interfere
					 with the child's ability to communicate or vocalize distress; or
(5) Restraints that twist or place the
					 child's limb(s) behind the child's back.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 6 - COMBINATIONS OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2231 - May a caregiver successively use emergency behavior interventions on a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver may
					 successively use emergency behavior interventions on a child only if:
(1) Allowed by your policies;
(2) Permitted by rules of this subchapter for
					 both types of emergency behavior intervention; and
(3) Written orders specifically allow the
					 combination.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 6 - COMBINATIONS OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2233 - May a caregiver simultaneously use emergency medication in combination with personal restraint?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver
					 may simultaneously use emergency medication in combination with personal
					 restraint only if:
(1) Allowed by your
					 policies;
(2) Permitted by the
					 rules of this subchapter for both types of emergency behavior intervention;
					 and
(3) Written orders specifically
					 allow the combination.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 7 - TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION › Section 749.2281 - What is the maximum length of time that an emergency behavior intervention can be administered to a child?

Current through Reg. 49, No. 28; July 12, 2024
The maximum length of time that certain emergency
						behavior interventions can be administered to a child is 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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 7 - TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION › Section 749.2283 - Can a caregiver exceed the maximum length of time that an emergency behavior intervention can be administered to a child?

Current through Reg. 49, No. 28; July 12, 2024
A caregiver may exceed the maximum length of time for
						certain emergency behavior interventions 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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 8 - GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2301 - What follow-up actions must caregivers take after the child's behavior no longer constitutes an emergency situation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The caregivers must take appropriate
					 actions to help the child return to routine activities. The follow-up actions
					 of the caregivers must include:
(1) Providing
					 the child with an appropriate transition and offering the child an opportunity
					 to return to regular activities;
(2) Observing the child for at least 15
					 minutes; and
(3) Providing the
					 child with an opportunity to discuss the situation that led to the need for
					 emergency behavior intervention and the caregiver's reaction to that situation.
					 The discussion must be held in private as soon as possible and no later than 48
					 hours after the child's use of an emergency medication or release from any
					 emergency behavior intervention.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 8 - GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2303 - What must the caregiver document after discussing with the child the use of the emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
The caregiver must document the following after
						discussing with the child the use of the emergency behavior
						intervention:
(1) The date and time the
					 caregiver offered the discussion;
(2) The child's reaction to the opportunity
					 for discussion;
(3) The date and
					 time the discussion took place, if applicable; and
(4) The content of the discussion, 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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 8 - GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2305 - When must a caregiver document the use of an emergency behavior intervention, and what must the documentation include?

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as possible, but no later than 24
					 hours after the initiation of the intervention, the caregiver must document in
					 the child's record the following information:
(1) The child's name;
(2) A description and assessment of the
					 circumstances and specific behaviors that caused the basis for the emergency
					 behavior intervention;
(3) The
					 de-escalation attempted before and during the use of the emergency behavior
					 intervention and the child's reaction to those strategies;
(4) The specific emergency behavior
					 intervention administered;
(5) The
					 date and time the intervention was administered;
(6) The length of time the child was
					 restrained;
(7) The name of the
					 caregiver(s) that participated in the incident that led to the intervention,
					 and who administered the intervention;
(8) The name of the person(s) who observed
					 the child;
(9) The names of any
					 witnesses to the emergency behavior intervention, including child witnesses in
					 the home;
(10) All attempts to
					 explain to the child what behaviors were necessary for release from the
					 intervention;
(11) The child's
					 condition following the use of the medication or release from the intervention,
					 including any injury the child sustained as a result of the intervention or any
					 adverse effects caused by the use of the intervention. If the child received
					 medical assistance or treatment, the caregiver must document the name of the
					 person(s) who provided medical assistance or treatment; and
(12) The actions the caregiver(s) took to
					 facilitate the child's return to normal activities following the end of the
					 intervention.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 8 - GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2307 - What notice must I provide to the parent when I use an emergency behavior intervention with a child in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) As soon as possible, but no later than 72
					 hours after the initiation of the intervention, you must provide written notice
					 to the parent that includes:
(1) The child's
					 name;
(2) The specific emergency
					 behavior intervention administered;
(3) The length of time the child was
					 restrained;
(4) The child's
					 condition following the use of the medication or release from the intervention,
					 including:
(A) Any injury the child sustained
					 as a result of the intervention or any adverse effects caused by the
					 intervention; and
(B) If the child
					 received medical assistance or treatment, the name of each person who provided
					 the medical assistance or treatment;
(5) If a personal restraint was used, the
					 specific restraint techniques used, including if a prone or supine restraint
					 used as a transitional hold; and
(6) If emergency medication was used, the
					 specific medication used, and the dosage administered to 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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 9 - TRIGGERED REVIEWS › Section 749.2331 - What circumstances trigger a review of the use of emergency behavior intervention for a specific child?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 following circumstances trigger a review for certain emergency behavior
					 interventions:
Attached
						Graphic
(b) You
					 may exceed the number of restraints otherwise allowed in (2) Personal restraint
					 of Figure: 40 TAC § 749.2331(a) for a child if a licensed psychiatrist or
					 psychologist issues a written order or if a service planning team makes a
					 recommendation allowing you to do so and you ensure the following:
(1) If applicable, the recommendation from
					 the service planning team includes the same written information as an order, as
					 specified in § 749.2105 of Title 40 (relating to What information must a
					 written order include?); and
(2) At
					 least one triggered review is conducted in accordance with § 749.2337 of
					 Title 40 (relating to What must the triggered review include and what must be
					 documented in the child's record?) every 30 days that personal restraints in
					 excess of the threshold are authorized.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 9 - TRIGGERED REVIEWS › Section 749.2333 - When must a triggered review occur?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 triggered review must occur as soon as possible, but no later than 30 days
					 after the review is triggered.
(b)
					 The regularly scheduled review of the child's service plan can serve as the
					 triggered review if it meets the requirements in § 749.2337 of Title 40
					 (relating to What must the triggered review include and what must be documented
					 in the child's record?) and takes place no later than 30 days after the review
					 is triggered.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 9 - TRIGGERED REVIEWS › Section 749.2335 - Who must participate in the triggered review?

Current through Reg. 49, No. 28; July 12, 2024
(a) The service planning team must
					 participate in the triggered review.
(b) You must invite the child, as
					 appropriate, and the parents to the review, so they may have the opportunity to
					 participate and provide input into the content of the review. However, you are
					 not required to delay a review because a parent or child is unable to
					 participate in the review at its scheduled time.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 9 - TRIGGERED REVIEWS › Section 749.2337 - What must the triggered review include and what must be documented in the child's record?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except in cases in
					 which the regularly scheduled review of the child's service plan also addresses
					 the requirements of a triggered review in accordance with § 749.2333(b) of
					 Title 40 (relating to When must a triggered review occur?), a triggered review
					 is not a full review of the child's service plan and is focused on the
					 requirements identified in subsection (c) of this section.
(b) Other than the requirements in this
					 section and in § 749.2335 of Title 40 (relating to Who must participate in
					 the triggered review?), the notification, participation, implementation, and
					 documentation requirements in Division 4 of Subchapter I (relating to
					 Admission, Service Planning, And Discharge) do not apply to a triggered
					 review.
(c) The following must be
					 included in a triggered review and documented in the child's record:
(1) A review of the records and orders of the
					 emergency behavior interventions;
(2) A review and documentation of any
					 potential medical or psychiatric reason for not using emergency behavior
					 interventions on the child, including the prescribing professional's
					 consideration of any potential medical and/or psychiatric contraindications for
					 the specific child, such as a history of physical or sexual abuse or
					 victimization involving the type of intervention;
(3) An examination of identified behaviors
					 and patterns, any significant events leading up to the use of emergency
					 behavior intervention, and all attempted de-escalation methods, whether
					 successful or unsuccessful;
(4)
					 Identification of alternatives to manage the child's behavior and more
					 effectively prevent the use of emergency behavior intervention in the future;
					 and
(5) A written plan for reducing
					 the need for emergency behavior intervention.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 9 - TRIGGERED REVIEWS › Section 749.2339 - What if there are four triggered reviews within a 90-day period?

Current through Reg. 49, No. 28; July 12, 2024
If there are four triggered reviews within a 90-day
						period:
(1) A licensed psychiatrist,
					 psychologist, clinical social worker, professional counselor, or marriage and
					 family therapist must examine the child; and
(2) The licensed professional must make
					 service plan recommendations regarding the use of emergency behavior
					 interventions. You must document these recommendations 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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 10 - OVERALL OPERATION EVALUATION › Section 749.2381 - What is an overall agency evaluation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The overall agency evaluation is an
					 annual review regarding:
(1) The use and
					 effectiveness of emergency behavior interventions at your agency; and
(2) Your emergency behavior intervention
					 policies and procedures, including the training policy and
					 curriculum.
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 L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 10 - OVERALL OPERATION EVALUATION › Section 749.2383 - What data must be collected?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Quarterly, you must collect, document, and review aggregate numbers of
					 emergency behavior interventions by type of intervention except for short
					 personalrestraints.
(b) This
					 information must be reported to us no later than 15 days after the end of each
					 quarter.
(c) You must maintain the
					 data for five 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 1 - GENERAL REQUIREMENTS › Section 749.2401 - In what circumstances may I verify an individual spouse as a foster parent?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may verify
					 only one spouse if:
(1) The spouse whom you
					 verify will be the only one involved in the care of any foster child in the
					 home;
(2) The spouses have been
					 living apart for at least two years; and
(3) After interviewing the spouse living
					 outside of the foster home as part of the screening process, you determine that
					 the spouse will not:
(A) Have unsupervised
					 access to foster children, as "unsupervised access" is defined in §
													745.601
					 of this title (relating to What words must I know to understand this
					 subchapter); or
(B) Regularly or
					 frequently be present at the foster home, as defined in §
													745.601
					 of this title.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 1 - GENERAL REQUIREMENTS › Section 749.2403 - What minimum age requirement must foster parents and caregivers meet?

Current through Reg. 49, No. 28; July 12, 2024
Each caregiver in a home that you verify must be at least
						21 years old.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 1 - GENERAL REQUIREMENTS › Section 749.2405 - Will my home have to be re-verified if I am a single foster parent and I get married after my home is verified?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you will have to re-verify that home in both
						spouse's names.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 1 - GENERAL REQUIREMENTS › Section 749.2407 - May a home be verified or approved by more than one child-placing agency simultaneously?

Current through Reg. 49, No. 28; July 12, 2024
(a) A home may
					 not be verified to provide foster care services by more than one child-placing
					 agency at one time.
(b) A home may
					 be simultaneously verified by one child-placing agency for foster care services
					 only and approved by another child-placing agency(ies) for adoption
					 only.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 2 - FOSTER HOME SCREENINGS › Section 749.2445 - What is a foster home screening?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You must complete a foster home screening prior to verifying the foster
					 home.
(b) Your child placement
					 management staff must review and approve each foster home screening.
(c) The foster home screening must document:
(1) Required information (see § 749.2447
					 of Title 40 (relating to What information must I obtain for the foster home
					 screening?));
(2) An assessment of
					 the information obtained to determine whether the applicant meets the
					 requirements for verification; and
(3) An evaluation of the information obtained
					 in order to make recommendations about the applicant's capacity to work with
					 children, including but not limited to age, gender, special needs, and number
					 of children.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 2 - FOSTER HOME SCREENINGS › Section 749.2447 - What information must I obtain for the foster home screening?

Current through Reg. 49, No. 28; July 12, 2024
You must obtain, document, and assess the following
						information about a prospective foster home:
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 2 - FOSTER HOME SCREENINGS › Section 749.2449 - Whom must I interview when conducting a foster home screening?

Current through Reg. 49, No. 28; July 12, 2024
(a) Interviews for a foster home screening
					 must be documented and must include at least:
(1) One individual interview with each
					 prospective foster parent;
(2) One
					 individual interview with each child three years old or older living in the
					 home either full- or part-time;
(3)
					 One individual interview with each other person living in the home either full-
					 or part-time;
(4) One joint
					 interview with the prospective foster parents;
(5) One family group interview with all
					 family members living in the home;
(6) One interview, by telephone, in person,
					 or by letter, with each minor child 12 years old or older or adult child of the
					 prospective foster parents not living in the home;
(7) A minimum of one interview, by telephone,
					 in person, or by letter with a family member not living in the home and not
					 already interviewed; and
(8) A
					 minimum of two interviews, by telephone, in person, or by letter with
					 neighbors, school personnel if the prospective foster parents have school age
					 children, clergy, or any other member of the prospective foster parents'
					 community who are unrelated to the foster parents and can provide a description
					 of the prospective foster parents' suitability to provide care for
					 children.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 2 - FOSTER HOME SCREENINGS › Section 749.2451 - What must I document regarding interviews I conduct for a foster home screening?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 document all interviews of persons you are required to interview for a foster
					 home screening.
(b) The
					 documentation must include the date and method used to contact each required
					 person, the date of each interview, who was present at each interview, their
					 relationship to the prospective foster parents, and a summary of each
					 interview.
(c) This documentation
					 must be a part of the foster home 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 2 - FOSTER HOME SCREENINGS › Section 749.2453 - When must I update the foster home screening?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must update a foster home screening,
					 as follows:
(1) Under the circumstances
					 described in § 749.307(a) of Title 40 (relating to What happens to the
					 foster homes supervised by a branch office when the branch office
					 closes?);
(2) When there is a major
					 life change in the foster family as described in § 749.2805 of Title 40
					 (relating to What is a "major life change in the foster family"?);
					 and
(3) When there is a change that
					 affects a foster home's verification as described in § 749.2803 of Title
					 40 (relating to What changes affect a foster home's verification?).
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2471

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2472 - Are there any additional requirements to verify a foster home that is currently acting as a kinship home with the Child Protective Services (CPS) Division of the Department?

Current through Reg. 49, No. 28; July 12, 2024
Yes, before you may verify a kinship home, you must
						obtain and review the kinship home assessment that was
						completed.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2473 - What must I do to verify a foster home that another child-placing agency has previously verified?

Current through Reg. 49, No. 28; July 12, 2024
(a) When
					 a home has previously been verified by another agency, you must conduct and
					 complete an entirely new home screening and comply with all of the requirements
					 in §
											749.2471
					 of this title (relating to What must I do to verify a foster home?).
(b) If the foster home is transferring from
					 another child-placing agency, you must submit a written request to the agency
					 that the foster home is transferring from requesting the background information
					 required in §
											749.2447(23)
					 of this title (relating to What information must I obtain for the foster home
					 screening?).
(c) If the foster home
					 is transferring from another child-placing agency, with a child in care, you
					 may verify the foster home prior to completion of the background
					 check.
(d) For a provisional
					 verification, see Division 4 of this subchapter (relating to Temporary,
					 Time-Limited, and Provisional Verifications).
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2475 - To whom must I release information regarding a family on which I previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report?

Current through Reg. 49, No. 28; July 12, 2024
(a) If background
					 information is requested by a child-placing agency conducting a foster home
					 screening, pre-adoptive home screening, or post placement adoptive report, then
					 you must release background information regarding the current or previous
					 foster home.
(b) Background
					 information must also be released to independent contractors who are hired or
					 required by the court to conduct a social study under Chapter 107 of the Texas
					 Family Code.
(c) For the purposes
					 of this section, background information includes:
(1) A foster home screening, pre-adoptive
					 home screening, and post placement adoptive report and related
					 documentation;
(2) Documentation of
					 supervisory visits and evaluations for the past year;
(3) Any record of deficiencies and their
					 resolutions for the past year, including information regarding pending
					 investigations and unresolved deficiencies;
(4) The most current fire and health
					 inspections;
(5) The
					 transfer/closing summary for the foster home, as required by § 749.2497 of
					 Title 40 (relating to Are transfer/closing summaries required for foster
					 homes?);
(6) Copies of any current
					 or previous plan to achieve compliance or other type of development plan for
					 the past two years, if applicable; and
(7) Copies of any current or previous
					 correction action or adverse action plans for the past two years, 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2477 - May I verify a foster home prior to approval by child placement management staff?

Current through Reg. 49, No. 28; July 12, 2024
No. Before you can verify a foster home, child placement
						management staff must:
(1) Review and
					 approve the verification, including the documented foster home screening, home
					 study, and other requirements; and
(2) Sign and date the document.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2479 - May I place children in a foster home before verifying the home?

Current through Reg. 49, No. 28; July 12, 2024
No, you cannot place children in a foster home before
						completing the foster home screening and verification.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2481 - What type of certificate must a foster home have in order to prove verification?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 give the home a verification certificate after:
(1) Verifying the home; and
(2) Making any change that affects the
					 verification certificate.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2483 - Do foster parent applicants have to own the home they live in for it to be their primary residence?

Current through Reg. 49, No. 28; July 12, 2024
No, they do not have to own or rent the home they live in
						for it to be considered their primary residence.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2485 - What are the requirements for verifying a foster home at a residence that I own?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must verify the
					 home in the name of one foster family for whom the home is the primary
					 residence. You may only verify the home in the name of one foster
					 family.
(b) A home is considered a
					 primary residence if the person lives there on a routine basis and:
(1) It is the place of residence on their
					 most recent tax return; or
(2) It
					 is the address listed on their motor vehicle registration, driver's license,
					 voter's registration, or other document filed with a public 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2487 - What are the requirements for an agreement that I have with a foster home that I verify?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must sign a
					 written agreement with each agency foster home at the time that you verify the
					 home. You and the foster home must each have copies of the signed agreement.
					 You must file a copy of the signed agreement in the agency home
					 record.
(b) The agreement must
					 specify the following:
(1) The foster
					 parents' responsibility for complying with rules of this chapter;
(2) The financial agreement between you and
					 the foster home;
(3) The foster
					 home agrees not to admit a non-relative child for 24-hour care from any source
					 other than you;
(4) You have the
					 right to remove the child from the home at your discretion;
(5) You must consent to any discharge of a
					 child from the home;
(6) Visits by
					 the child's parents or relatives must be arranged through you;
(7) You are responsible for regular
					 supervision of the foster home;
(8)
					 The foster parents' commitment to comply with your policies regarding child
					 care, discipline, supervision of children, and children's visits or trips away
					 from the foster home; and
(9) The
					 foster parents' commitment to comply with your policies about foster parents'
					 reports to you regarding foster children and events or occurrences impacting
					 the provision of foster 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2488 - What statement must I provide to foster parents regarding foster parent and child-placing agency rights and responsibilities?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must provide foster parents with a
					 written copy of the following statement that lists the rights and
					 responsibilities of foster parents and the child-placing agency:
(1) Foster parents have the right to be
					 treated with dignity, respect, and consideration as a member of the service
					 planning team;
(2) Foster parents
					 have the right and responsibility to participate in service planning and
					 implementation of the service plan;
(3) Foster parents have the right and
					 responsibility to obtain training that will assist them in meeting the needs of
					 children placed in their home;
(4)
					 The child-placing agency has a responsibility to assist foster parents in
					 identifying training that will enhance the foster parents ability to meet the
					 needs of children placed in their home;
(5) Foster parents and the child-placing
					 agency have the responsibility to communicate with each other in a timely and
					 effective manner;
(6) Foster
					 parents have the right to be reimbursed for care of the children placed in
					 their home in a timely manner and according to the child-placing agency's
					 policy;
(7) The child-placing
					 agency has the responsibility to provide relevant information about a child to
					 foster parents when placing or considering placing the child;
(8) Foster parents have the right and
					 responsibility to obtain information and ask questions about children the
					 child-placing agency would like to place in their home, including requesting a
					 pre-placement visit;
(9) Foster
					 parents have the right to know how much discretion they have in declining
					 specific placements without fear of negative repercussions;
(10) The child-placing agency has the
					 responsibility to provide support to all of their foster parents and inform
					 them of any services available to foster parents;
(11) Foster parents have the responsibility
					 to report to the child-placing agency and Licensing information as required by
					 the child-placing agency's policies and this chapter;
(12) Foster parents have the right to appeal
					 child-placing agency actions and decisions that affect them and to know the
					 procedures for making an appeal;
(13) Foster parents have the responsibility
					 to comply with this chapter as applicable;
(14) The child-placing agency has the
					 responsibility to provide foster parents with support, training, and oversight
					 in order to ensure the foster parents are in compliance, as applicable, with
					 this chapter; and
(15) Foster
					 parents have the right to review their foster home record maintained by the
					 child-placing 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2489 - What information must I submit to Licensing about a foster home's verification status?

Current through Reg. 49, No. 28; July 12, 2024
You must submit information to us within two working days
						of:
(1) Verifying a new foster
					 home;
(2) Temporarily verifying a
					 foster home and when the verification is no longer temporary;
(3) Putting a foster home on inactive status
					 or taking a foster home off of inactive status;
(4) Changing conditions of the verification
					 for an existing home;
(5) Extending
					 a time-limited verification;
(6)
					 Changing a time-limited verification to a non-expiring verification;
(7) Provisionally verifying a foster home and
					 when the verification is no longer provisional; or
(8) Closing a foster home, including:
(A) The reason the foster home closed;
					 and
(B) The name and contact
					 information of a person at your agency who may be contacted by another
					 child-placing agency to obtain records relating to the closed 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2491 - May I verify a foster home to provide different services?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may verify a foster home to provide
					 different services as long as a child placement staff completes an assessment
					 of the home that includes a review of the following:
(1) The number, ages, and needs of children
					 to be placed in the home;
(2) The
					 foster home's capacity to provide each different service and supervise all
					 children appropriately;
(3) The
					 needs of any children currently in the home; and
(4) The foster parents' experience and
					 ability to provide each 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2493 - May a foster home provide day care in addition to foster care?

Current through Reg. 49, No. 28; July 12, 2024
A foster family home may provide day care in addition to
						foster care under the following conditions:
(1) The number and ages of children in both
					 types of care must meet all relevant laws and rules, including the requirements
					 listed in §
											745.375
					 of this title (relating to May I offer child day care at my agency foster home
					 or independent foster home?);
(2)
					 The caregivers can supervise all children appropriately, meet all children's
					 needs, and protect all children in both foster and day care;
(3) There is adequate space and there are
					 adequate staff or caregivers to meet all applicable rules;
(4) The child-placing agency completes a
					 written assessment, signed by child placement management staff, of the:
(A) Needs of the children in foster care and
					 how the needs of the children in day care may impact the foster children;
					 and
(B) Basis for determining no
					 conflict of care exists in providing the two types of care;
					 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2495 - Do foster home verifications expire?

Current through Reg. 49, No. 28; July 12, 2024
Only temporary, time-limited, and provisional
						verifications have expiration dates. All other verifications are
						non-expiring.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 3 - VERIFICATION OF FOSTER HOME › Section 749.2497 - What requirements are there for a transfer or closing summary?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have either a transfer summary
					 or closing summary when a foster home transfers to another child-placing agency
					 or closes. This includes when you do not issue a non-expiring verification to a
					 foster home with a time-limited verification, temporary verification, or
					 provisional verification.
(b) A
					 transfer summary must be completed by the 10th day after you receive a written
					 request to transfer, and you must forward it immediately to the requesting
					 child-placing agency.
(c) A closing
					 summary must be completed by the 20th day after the foster home is
					 closed.
(d) A transfer or closing
					 summary must include:
(1) A copy of the
					 verification certificate;
(2) The
					 foster home addresses for the past two years and, as needed, directions for
					 rural addresses;
(3) The length of
					 time the foster parents have been fostering with you;
(4) For the children that were in care for
					 the last two years, the:
(A) Number of
					 children fostered;
(B) Type of
					 treatment services provided to each child; and
(C) Reason for each child's discharge from
					 care;
(5) A description
					 of any limitations on verification that were in place for the foster home in
					 caring for and working with children (such as gender, age, number of children,
					 treatment services, special needs, or type of abuse or neglect experienced by
					 the child), regardless of whether the limitation was requested by the foster
					 parent or imposed by you;
(6) For a
					 closing summary, the reason the foster home is closing, including whether you
					 required the foster home to close;
(7) For a transfer summary, any pending
					 investigations or unresolved deficiencies;
(8) For a closing summary, any unresolved
					 deficiencies that had not been corrected and what those deficiencies
					 were;
(9) Any indicators of risk to
					 children at the time of the transfer or closing and what those indicators
					 are;
(10) Any plan to achieve
					 compliance or other type of development plan that was in place within the
					 previous 12 months of the date of the transfer or closing;
(11) Any corrective action or adverse action
					 plan that was in place at the time of the transfer or closing; and
(12) A statement concerning whether you would
					 recommend the foster home for verification in the future, including whether you
					 would recommend any limitations or restrictions on the verification, and the
					 basis of your recommendation or lack thereof.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2520 - What is the purpose of a temporary verification?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of a temporary verification is to permit
						continued care of foster children in a verified foster home when a foster
						family moves from one residence to another and there is a short-term delay in
						ensuring the foster home will continue to meet all minimum standards in the new
						location. For example, fire and health inspections cannot be obtained prior to
						the move.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2521 - What must I do prior to issuing a temporary verification?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may only issue a temporary
					 verification after:
(1) You inspect the new
					 location;
(2) You determine that
					 the home meets the minimum standards, including all health and safety,
					 environment, and space and equipment standards; and
(3) The child placement management staff
					 reviews and approves the temporary verification by signing and dating
					 it.