reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1414 - How will the Notice of Finding be provided to an employee and who is responsible for ensuring that HHSC has a valid mailing address for an employee?

Current through Reg. 49, No. 28; July 12, 2024
(a) The "Notice of
				  Finding" will be mailed to the employee's last known address by first class
				  mail and by certified mail, return receipt requested.
(b) If HHSC knows the employee's last known
				  address is incorrect, or if the employee fails to provide an address, HHSC may
				  hand-deliver the Notice of Finding to the employee. The affidavit of the person
				  delivering the notice is proof of such notice.
(c) It is the responsibility of the employee
				  to provide HHSC with a valid address where notice can be mailed or, if no
				  address is available, with valid contact information, including telephone
				  numbers. It is also the responsibility of the employee to immediately notify
				  HHSC of any change of address or contact information throughout the
				  investigation and any period of time during which a dispute of the finding is
				  pending.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1415 - How does an employee dispute a finding of reportable conduct and what happens if the "Request for EMR Hearing" is not filed or not filed properly?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee
				  may dispute a finding of reportable conduct by submitting a Request for EMR
				  Hearing. The Notice of Finding will contain instructions for filing the Request
				  for EMR Hearing.
(b) The employee
				  will be deemed to have accepted the finding of reportable conduct and HHSC will
				  submit the employee's name for inclusion in the EMR if the employee:
(1) does not file a Request for EMR
				  Hearing;
(2) fails to file the
				  Request for EMR Hearing before the deadline has passed, as provided under
				  §
											711.1417 of this subchapter
				  (relating to What is the deadline for filing the Request for EMR Hearing?);
				  or
(3) files a Request for EMR
				  Hearing, but fails to follow the filing instructions and, as a result, HHSC
				  does not receive the Request for EMR Hearing in a timely manner or cannot
				  determine the matter being disputed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1417 - What is the deadline for filing the Request for EMR Hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The employee must file the Request for
				  EMR Hearing no later than 30 calendar days from the date the employee receives
				  the Notice of Finding.
(b) A Notice
				  of Finding is presumed received by the employee on the date of delivery as
				  indicated on the certified mail return receipt. If the certified mailing is
				  returned unclaimed, but the regular mailing is not returned, the Notice of
				  Finding will be presumed received on the third business day following the date
				  the notice was mailed to the employee's last known address. A personally
				  delivered Notice of Finding is presumed received on the date of delivery as
				  indicated on the affidavit of the person delivering the notice.
(c) If the Request for EMR Hearing is
				  submitted by mail, the envelope must be postmarked no later than 30 days after
				  the date the employee received the Notice of Finding. If the Request for EMR
				  Hearing is hand-delivered or submitted by fax, the request must be received in
				  the appropriate HHSC office by 5:00 p.m., no later than 30 days from the date
				  the employee received the Notice of Finding.
(d) If an employee files the Request for EMR
				  Hearing after the deadline, HHSC will notify the employee that the request was
				  not filed by the deadline, no EMR hearing will be granted, and the employee's
				  name will be submitted for inclusion in the EMR.
(e) If an employee disputes the fact that the
				  Request for EMR Hearing was filed late, the employee may file a request for a
				  telephonic hearing, to be conducted by an administrative law judge, and limited
				  solely to the issue of whether the Request for EMR Hearing was filed on time.
				  If, as a result of that hearing, the employee proves that the original Request
				  for EMR Hearing was filed on or before the deadline, a separate hearing will be
				  scheduled as soon as possible on the issue of whether the employee committed
				  reportable conduct.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1419 - Is a finding of reportable conduct ever reversed without conducting a hearing?

Current through Reg. 49, No. 28; July 12, 2024
Prior to a hearing, HHSC, in its sole discretion, may
					 designate a person to conduct a review of the investigation records. If a
					 review of the records results in a reversal of the finding of reportable
					 conduct, HHSC will send the employee a new Notice of Finding, which will
					 indicate that the employee's name will not be submitted to the EMR. If the
					 review does not result in a reversal of the finding of reportable conduct a
					 hearing will be scheduled, as described in this subchapter.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1421 - When and where will the EMR hearing take place and who conducts the hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) An EMR hearing
				  will be conducted by an administrative law judge with HHSC. The administrative
				  law judge is responsible for scheduling the date, time, and location for the
				  hearing. At the discretion of the administrative law judge, a pre-hearing
				  conference may be conducted in person or by phone prior to the scheduling or
				  conduct of the EMR hearing.
(b) The
				  administrative law judge will send the parties a Notice of EMR Hearing
				  providing the date, time, and location for the hearing, as well as the name of
				  the administrative law judge, and how to contact the administrative law
				  judge.
(c) The hearing will usually
				  be held in the same HHSC region where the alleged reportable conduct took
				  place. The administrative law judge reserves the right to take all or some of
				  the testimony at the hearing by telephone or video-conference and may consider
				  a request by any party to have the hearing conducted in a different location
				  for good cause.
(d) If a criminal
				  case against the employee arises because of the same reportable conduct, HHSC
				  may postpone the EMR hearing until the criminal case resolves.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1423 - May an employee or HHSC request that the EMR hearing be rescheduled?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Both the employee and HHSC may request that the
					 administrative law judge reschedule the hearing for good cause. Except in cases
					 of emergency, the request to reschedule the hearing must be made no later than
					 three working days prior to the hearing date. The administrative law judge must
					 grant the request if good cause is shown.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1425 - May an employee withdraw a Request for EMR Hearing after it is filed?

Current through Reg. 49, No. 28; July 12, 2024
Yes. An employee may withdraw a Request for EMR Hearing
					 any time before the hearing is conducted. An employee who withdraws a Request
					 for EMR Hearing will be deemed to have accepted the finding of reportable
					 conduct and HHSC will submit the employee's name for inclusion in the
					 EMR.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1426 - What happens if a party fails to appear at a pre-hearing conference or a hearing on the merits?

Current through Reg. 49, No. 28; July 12, 2024
(a) If either
				  party fails, without good cause, to appear at a scheduled pre-hearing
				  conference or a hearing on the merits, the administrative law judge may issue a
				  default judgment against the party that failed to appear.
(b) A party against whom a default judgment
				  is rendered may, within 10 calendar days of receipt of the default judgment,
				  request a hearing on the issue of whether good cause existed for failing to
				  appear.
(c) The administrative law
				  judge may make a determination on the issues of good cause based on a review of
				  the assertions and evidence submitted with the party's request for a good cause
				  hearing or may schedule the matter for a hearing if additional testimony and
				  evidence are deemed necessary for making the good cause finding. If a hearing
				  is scheduled on the issue of good cause for failure to appear, the
				  administrative law judge may limit the hearing solely to the issue of good
				  cause or may combine the hearing with other pre-hearing conference matters or
				  with the hearing on the merits, at the discretion of the administrative law
				  judge.
(d) Unless a default
				  judgment for failure to appear is challenged and reversed, as described in
				  subsections (b) and (c) of this section, the default judgment shall be
				  considered the final Hearing Order of HHSC and may not be further appealed
				  except as provided under §
										711.1431 of this subchapter
				  (relating to How is judicial review requested and what is the
				  deadline?).
(e) If a default
				  judgment rendered against an employee becomes the final Hearing Order, HHSC
				  will submit the employee's name for inclusion in the EMR in the same manner as
				  it would after any other final Hearing Order that affirms the finding of
				  reportable conduct, as provided in this subchapter.
(f) If a default judgment rendered against
				  HHSC becomes the final Hearing Order, HHSC shall amend its records to reverse
				  the findings at issue in the EMR hearing and shall issue an amended Notice of
				  Finding to the employee reflecting that change.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1429 - How and when is the decision made after the EMR hearing?

Current through Reg. 49, No. 28; July 12, 2024
(a) The administrative law judge will prepare
				  a "Hearing Order" which will be mailed to the employee at the employee's last
				  known mailing address. The Hearing Order must contain the following:
(1) separate statements of the findings of
				  fact and conclusions of law that uphold, reverse, or modify the findings as to
				  whether:
(A) the employee committed abuse,
				  neglect, or financial exploitation; and
(B) the abuse, neglect, or financial
				  exploitation committed by the employee meets the definition of reportable
				  conduct; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1431 - How is judicial review requested and what is the deadline?

Current through Reg. 49, No. 28; July 12, 2024
(a) A timely motion for rehearing is a
				  prerequisite to judicial review and must be filed in accordance with
				  Subchapters F and G, Chapter
				  2001, Government
				  Code. The motion for rehearing must be served on the administrative law judge
				  and on HHSC's attorney of record.
(b) To seek judicial review of a Hearing
				  Order, a party must file a petition for judicial review in a Travis County
				  district court, in accordance with Subchapters F and G, Chapter
				  2001, Government
				  Code.
(c) Judicial review by the
				  court is under the substantial evidence rule, as provided by §
										48.406, Human
				  Resources Code.
(d) Unless citation
				  for a petition for judicial review is served on HHSC within 90 days after the
				  date on which the order under review becomes final, HHSC will submit the
				  employee's name for inclusion in the EMR. If valid service of citation is
				  received after the employee's name has been recorded in the registry, HHSC will
				  request that the employee's name be removed from the registry pending the
				  outcome of the judicial review in district court.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1432 - What action does HHSC take when an employee has exhausted the employee's administrative remedies?

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  An employee has exhausted the employee's administrative remedies if the
				  employee has been found to have committed reportable conduct and the employee
				  has received or is no longer eligible for:
(1) an EMR hearing;
(2) a rehearing of the employee's case
				  following an EMR hearing; or
(3)
				  judicial review.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 711 - INVESTIGATIONS OF INDIVIDUALS RECEIVING SERVICES FROM CERTAIN PROVIDERS › Subchapter L - EMPLOYEE MISCONDUCT REGISTRY › Section 711.1434 - What special considerations apply to employees of state-operated facilities?

Current through Reg. 49, No. 28; July 12, 2024
(a) The sole way
				  to dispute a finding of reportable conduct and submission of the employee's
				  name to the EMR is provided by the procedures in this subchapter. A Request for
				  EMR hearing filed under this subchapter is not a request for a grievance on
				  disciplinary action from an employer.
(b) If an employee of a state-operated
				  facility is notified by the employer that the employee is entitled to a
				  grievance on disciplinary action based on a finding of reportable conduct by
				  HHSC, the employee makes a separate request for a grievance hearing in
				  accordance with the employment policies of the employer. A request for a
				  grievance on disciplinary action will not be considered a request for an EMR
				  hearing under this subchapter.
(c)
				  When an employee files both a Request for EMR hearing under this subchapter and
				  a grievance on disciplinary action based on HHSC's finding of reportable
				  conduct, the EMR hearing will take place prior to the grievance hearing.
(d) The outcome of a grievance on
				  disciplinary action will not change HHSC's finding of reportable
				  conduct.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.101 - What is the purpose of this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this chapter is to establish minimum
					 standards that apply to listed family homes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.103 - What is a listed family home?

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this chapter, a listed family home:
(1) Provides care and supervision in
				  the primary caregiver's own home:
(A) For
				  compensation;
(B) For three or
				  fewer children who are 13 years of age or younger and not related to the
				  primary caregiver; and
(C) For at
				  least four hours a day:
(i) Three or more
				  days a week, for three or more consecutive weeks; or
(ii) For 40 or more days in a 12-month
				  period; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.105 - Who is responsible for complying with these minimum standards?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a listed family home, as described in
				  § 742.103 of this subchapter (relating to What is a listed family home?),
				  the permit holder must ensure compliance with all minimum standards in this
				  chapter at all times.
(b) Any home
				  that provides care and supervision, as described in § 742.103 of this
				  subchapter, is responsible for meeting the requirements in this chapter. If a
				  home operates a listed family home without a permit, the home is still
				  accountable for failing to meet any requirement in this chapter in addition to
				  the legal consequences for operating without a permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.107 - Is a listed family home that only provides care and supervision for children related to the primary caregiver required to comply with the minimum standards in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
A listed family home is not required to comply with the
					 minimum standards in this chapter if:
(1) The permit holder is receiving federal
				  subsidies from the Texas Workforce Commission; and
(2) The home only provides care and
				  supervision to children related to the primary caregiver.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.109 - What do certain pronouns or titles mean when used in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following pronouns and title have the following
					 meanings when used in this chapter:
(1) I, my, you, and your--The primary
				  caregiver in a listed family home, unless otherwise stated.
(2) Licensing--The Child Care Regulation
				  department of the Texas Health and Human Services Commission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter A - PURPOSE, SCOPE, AND DEFINITIONS › Section 742.111 - What do certain words and terms mean when used in this chapter?

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms used in this chapter have
					 the following meanings unless the context clearly indicates otherwise:
(1) Caregiver--A person whose duties include
				  the care, supervision, guidance, and protection of a child or children in care.
(2) Children related to the
				  primary caregiver--Children who are children, grandchildren, siblings,
				  great-grandchildren, first cousins, nieces, or nephews of the primary
				  caregiver. This includes any of those relationships that exist due to common
				  ancestry, adoption, or marriage.
(3) Health-care professional--A licensed
				  physician, a licensed advanced practice registered nurse (APRN), a licensed
				  vocational nurse (LVN), a licensed registered nurse (RN), or other licensed
				  medical personnel providing health care to the child within the scope of the
				  license. This does not include physicians, nurses, or other medical personnel
				  who are not licensed in the United States or in the country in which the person
				  practices.
(4) Infant--A child
				  from birth through 17 months.
(5)
				  Pre-kindergarten age child--A child who is three or four years of age before
				  the beginning of the current school year.
(6) Restrictive device--Equipment that places
				  the body of a child in a position that may restrict airflow or cause
				  strangulation; usually, the child is placed in a semi-seated position. Examples
				  of restrictive devices are car seats, swings, bouncy seats, and high chairs.
(7) School-age child--A child who
				  is five years of age or older and is enrolled in or has completed kindergarten.
(8) Toddler-A child from 18 months
				  through 35 months.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter B - CAREGIVERS › Section 742.201 - Who is a primary caregiver?

Current through Reg. 49, No. 28; July 12, 2024
The primary caregiver is the person responsible for
					 ensuring that the listed family home operates in compliance with these minimum
					 standards and the licensing laws. The primary caregiver must:
(1) Live in the home where care is provided;
				  and
(2) Be the permit holder,
				  unless the primary caregiver forms a business entity that is the permit holder
				  for the home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter B - CAREGIVERS › Section 742.203 - Must I be present at my home during all hours of operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) As the primary caregiver, you must
				  routinely be present in your listed family home during the hours of operation.
(b) You may be temporarily absent
				  for limited periods of time only if you designate a substitute caregiver to be
				  in charge of the home during your absence. Substitutes must:
(1) Know they are in charge of the home and
				  for howlong;
(2) Know their
				  responsibilities while in charge;
(3) Have access to all information that would
				  be necessary to communicate with parents and state and local authorities; and
(4) Have the responsibility from
				  you to run the home in compliance with the minimum standards.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter C - CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES › Section 742.301 - What types of minimum qualifications must caregivers have?

Current through Reg. 49, No. 28; July 12, 2024
Primary caregivers and substitute caregivers must:
(1) Be at least 18 years of age;
				  and
(2) Meet the requirements in
				  Chapter 745, Subchapter F of this title (relating to Background
				  Checks).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter C - CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES › Section 742.303 - What general responsibilities do caregivers have?

Current through Reg. 49, No. 28; July 12, 2024
Primary and substitute caregivers:
(1) Are responsible for seeing that children
				  are:
(A) Treated with courtesy, respect,
				  acceptance, and patience;
(B) Not
				  abused, neglected, or exploited; and
(C) Released only to a parent or a person
				  designated by a parent;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter C - CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES › Section 742.305 - What does "supervise children at all times" mean?

Current through Reg. 49, No. 28; July 12, 2024
Supervising children at all times means the primary
					 caregiver and substitute caregiver are accountable for each child's care. This
					 includes responsibility for the ongoing activity of each child, appropriate
					 visual and auditory awareness, physical proximity, and knowledge of each
					 child's needs. The caregiver must intervene when necessary to ensure each
					 child's safety. In deciding how closely to supervise children, the caregiver
					 must take into account the:
(1) Ages
				  of the children;
(2) Individual
				  differences and abilities;
(3)
				  Layout of the home and play area; and
(4) Neighborhood circumstances, hazards, and
				  risks.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter C - CAREGIVER QUALIFICATIONS AND RESPONSIBILITIES › Section 742.307 - What additional responsibilities do primary caregivers have?

Current through Reg. 49, No. 28; July 12, 2024
Primary caregivers are also responsible for:
(1) Initiating background checks on
				  caregivers, household members, and anyone else who requires a background check,
				  as specified in Chapter 745, Subchapter F of this title (relating to Background
				  Checks);
(2) Obtaining from
				  parents, when admitting a child into care:
(A) The child's name and date of
				  birth;
(B) The parent's home
				  address and telephone number;
(C)
				  The names of other persons the child may be released to;
(D) A list of each food a child is allergic
				  too, possible symptoms if the child is exposed to the food, and the steps to
				  take if the child has an allergic reaction; and
(E) Authorization to give the child
				  medication, if applicable;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter D - NOTIFICATIONS AND LIABILITY INSURANCE REQUIREMENTS › Section 742.401 - What are the notification requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver must notify the Department of
				  Family and Protective Services immediately at 1-800-252-5400 if:
(1) There is any suspected abuse, neglect, or
				  exploitation;
(2) A child dies
				  while in your care; or
(3) A child
				  was forgotten in a vehicle or wandered away from your home or care
				  unsupervised.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter D - NOTIFICATIONS AND LIABILITY INSURANCE REQUIREMENTS › Section 742.403 - What are the liability insurance requirements?

Current through Reg. 49, No. 28; July 12, 2024
Unless you have an acceptable reason not to have the
					 insurance, you must:
(1) Have
				  liability insurance coverage:
(A) Of at least
				  $300,000 for each occurrence of negligence; and
(B) That covers injury to a child that occurs
				  while the child is in your care, regardless of whether the injury occurs on or
				  off the premises of your home; and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter D - NOTIFICATIONS AND LIABILITY INSURANCE REQUIREMENTS › Section 742.405 - What are acceptable reasons not to have liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You do not have to have liability
				  insurance that meets the requirements of § 742.403 of this subchapter
				  (relating to What are the liability insurance requirements?) if you are unable
				  to carry the insurance because:
(1) Of
				  financial reasons;
(2) You are
				  unable to locate an underwriter who is willing to issue a policy to the home;
				  or
(3) You have already exhausted
				  the limits of a policy that met the requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter D - NOTIFICATIONS AND LIABILITY INSURANCE REQUIREMENTS › Section 742.407 - When must I notify parents that I do not carry liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you do not carry liability insurance
				  that meets the requirements of § 742.403 of this subchapter (relating to
				  What are the liability insurance requirements?), then you must notify a child's
				  parent in writing that you do not carry liability insurance before you admit a
				  child into your care.
(b) If you
				  received your permit to operate a listed family home before April 25, 2021, and
				  cannot obtain the liability insurance by that date, then you must notify the
				  parents of children in your care that you do not carry the insurance by May 25,
				  2021.
(c) If you previously
				  carried the liability insurance and you subsequently stop carrying the
				  liability insurance, then you must notify the parent of each child in your care
				  that you do not carry the insurance, in writing, within 30 days after you stop
				  carrying it.
(d) You may use Form
				  2962, Attachment A, Parental Notification of Lack of Required Liability
				  Insurance, located on Licensing's provider website to notify parents.
				  Regardless of whether you use this form, you must be able to demonstrate that
				  you provided written notice to the parent of each child in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.501 - What are the basic care requirements for an infant?

Current through Reg. 49, No. 28; July 12, 2024
Basic care for an infant must include:
(1) Giving individual attention to the infant
				  including, playing, talking, cuddling, and holding;
(2) Holding and comforting the infant when
				  the infant is upset;
(3) Giving
				  prompt attention to the physical needs of the infant, such as feeding and
				  diapering;
(4) Talking to the
				  infant while you are feeding, changing, and holding the infant, such as naming
				  objects, singing, or saying rhymes;
(5) Storing objects that could cause choking
				  (objects that are less than 1 and 1/4 inches in diameter) out of the infant's
				  reach;
(6) Providing or having the
				  parent provide an individual crib or play yard (also known as a play pen) for
				  each non-walking infant younger than 12 months of age to sleep in; and
(7) Providing or having the parent
				  provide an individual cot, bed, or mat that is waterproof or washable for each
				  walking infant to sleep or rest on.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.503 - What safety requirements must my cribs meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each crib or play yard (also known as a
				  play pen), whether provided by the home or the child's parent, must have a
				  firm, flat mattress that the manufacturer designed specifically for the crib or
				  play yard model number that snugly fits the sides of the crib or play yard. You
				  may not supplement the mattress with additional foam material or pads.
(b) Each crib or play yard must be
				  bare for an infant younger than 12 months of age, except for a tight-fitting
				  sheet and a mattress cover to protect against wetness. The mattress cover,
				  whether provided by the home or the parent, must:
(1) Be designed specifically for the size and
				  type of crib and crib mattress that the cover is being used with;
(2) Be tight fitting and thin; and
(3) Not be designed to make the sleep surface
				  softer.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.505 - What types of sleeping equipment am I prohibited from using with infants?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may not
				  use a bean bag, waterbed, or a foam pad as sleeping equipment for an infant.
(b) An infant may not sleep in a
				  restrictive device, unless you have a signed statement from a health-care
				  professional stating that it is medically necessary for the infant to sleep in
				  a restrictive device. If an infant falls asleep in a restrictive device, you
				  must remove the infant from the device and place the infant in a crib as soon
				  as possible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.507 - What additional requirements apply when an infant is sleeping or resting?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must place
				  an infant who is not yet able to turn over without assistance in a face-up
				  sleeping position, unless you have a signed statement from a health-care
				  professional stating that it is medically necessary for the infant to sleep in
				  a different sleeping position.
(b)
				  You may not lay a swaddled infant down to sleep or rest on any surface at any
				  time, unless you have a signed statement from a health-care professional
				  stating it is medically necessary for the infant to be swaddled while the
				  infant is sleeping.
(c) An
				  infant's head, face, or crib must not be covered by items such as blankets,
				  linens, or clothing at any time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.508 - What are the requirements when an infant is engaged in tummy time?

Current through Reg. 49, No. 28; July 12, 2024
When an infant is positioned for tummy time activities, you
					 must:
(1) Ensure that you can see and
				  hear the infant;
(2) Move the
				  infant into another position as necessary to maintain the infant's comfort and
				  safety; and
(3) If the infant has
				  fallen asleep, move the infant immediately into a face-up position as required
				  by § 742.507(a) of this subchapter (relating to What additional
				  requirements apply when an infant is sleeping or resting?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.509 - What are the basic care requirements for a toddler?

Current through Reg. 49, No. 28; July 12, 2024
Basic care for a toddler must include:
(1) Giving individual attention to the
				  toddler, including playing, talking, cuddling, and holding;
(2) Holding and comforting a toddler when the
				  toddler is upset;
(3) Maintaining
				  routines, such as feeding, diapering, sleeping, and indoor and outdoor play
				  during the same time each day, as closely as possible;
(4) Storing objects that could cause choking
				  (objects that are less than 1 and 1/4 inches in diameter) out of the toddler's
				  reach; and
(5) Providing, or
				  having the parent provide, an individual cot, bed, or mat that is waterproof or
				  washable for each toddler to sleep or rest on.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.511 - What are the basic care requirements for a pre-kindergarten age child?

Current through Reg. 49, No. 28; July 12, 2024
Basic care for a pre-kindergarten age child must include:
(1) Giving individual attention to
				  the child;
(2) Encouraging the
				  child to communicate and express feelings in appropriate ways; and
(3) Providing, or having the parent provide,
				  an individual cot, bed, or mat that is waterproof or washable for each toddler
				  to sleep or rest on.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter E - BASIC CARE REQUIREMENTS › Section 742.513 - What are the basic care requirements for a school-age child?

Current through Reg. 49, No. 28; July 12, 2024
Basic care for a school-age child must include:
(1) Giving individual attention to the child;
(2) Encouraging the child to
				  converse with adults; and
(3)
				  Providing physical care routines that are appropriate to the child's
				  developmental needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter F - DISCIPLINE AND GUIDANCE › Section 742.601 - What methods of discipline and guidance may I use?

Current through Reg. 49, No. 28; July 12, 2024
Discipline and guidance must be:
(1) Individualized and consistent for each
				  child;
(2) Appropriate to the
				  child's level of understanding;
(3) Directed toward teaching the child
				  acceptable behavior and self-control; and
(4) A positive method of discipline and
				  guidance that encourages self-esteem, self-control, and self-direction,
				  including:
(A) Using praise and encouragement
				  of good behavior instead of focusing only upon unacceptable behavior;
(B) Reminding a child of behavior
				  expectations daily by using clear, positive statements;
(C) Redirecting behavior using positive
				  statements;and
(D) Using brief
				  supervised separation or time out from the group, when appropriate for the
				  child's age and development, which is limited to no more than one minute per
				  the year of the child's age.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter F - DISCIPLINE AND GUIDANCE › Section 742.603 - What types of punishment, discipline, or guidance are prohibited?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may not use or threaten to use
				  corporal punishment with any child in care. Corporal punishment is the
				  infliction of physical pain on a child as a means of controlling or managing
				  behavior, including hitting or spanking a child with a hand or an instrument or
				  slapping or thumping a child.
(b)
				  In addition to corporal punishment, prohibited discipline or guidance
				  techniques include:
(1) Any harsh, cruel, or
				  unusual treatment of any child;
(2) Punishment associated with food, naps, or
				  toilet training;
(3) Pinching,
				  shaking, or biting a child;
(4)
				  Putting anything in or on a child's mouth;
(5) Humiliating, ridiculing, rejecting, or
				  yelling at a child;
(6) Subjecting
				  a child to harsh, abusive, or profane language;
(7) Placing a child in a locked or dark room,
				  bathroom, or closet; and
(8)
				  Requiring a child to remain silent or inactive for inappropriately long periods
				  of time for the child's age, including requiring a child to remain in a
				  restrictive device.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter G - NUTRITION AND FOOD › Section 742.701 - What are the basic food requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must offer a child a meal or snack
				  every three hours, unless the child is sleeping.
(b) Parents may provide meals and snacks for
				  their children instead of you providing them.
(c) You must ensure a supply of drinking
				  water is always available to each child. You must serve water at every snack,
				  mealtime, and after active play.
(d) All food and drinks must be of safe
				  quality. You must store, prepare, distribute, and serve food and drinks under
				  sanitary and safe conditions.
(e)
				  You must not use food as a reward.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter G - NUTRITION AND FOOD › Section 742.703 - How should I care for a child with a food allergy?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the child has a food allergy, you must
				  ensure the child does not have access to foods that will cause an allergic
				  reaction.
(b) If a child shows
				  symptoms of an allergic reaction, you must follow the steps to be taken for an
				  allergic reaction that the parent provided at admission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.801 - How do I ensure a healthy environment for children at my home?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must clean, repair, and maintain your
				  listed family home, grounds, pool, hot tub, and equipment to protect the health
				  safety of the children in your care, including:
(1) Keeping all parts of your listed family
				  home used by children well heated, lighted, and ventilated;
(2) Having at least one working sink and
				  flushing toilet in the home; and
(3) Sanitizing toys and equipment that are
				  placed in a child's mouth or are otherwise contaminated by food, body
				  secretions, or excrement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.803 - What are the medication requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) Medication in this chapter means:
(1) A prescription medication; or
(2) A non-prescription medication, excluding
				  topical ointments such as diaper ointment, insect repellent, or sunscreen.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.805 - How should I respond to an illness or injury that requires the immediate attention of a health-care professional?

Current through Reg. 49, No. 28; July 12, 2024
If a child in your care requires the immediate medical
					 attention of a health-care professional, you must contact emergency medical
					 services or take the child to the nearest emergency room after you have ensured
					 the supervision of the other children in the home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.806 - What are the requirements if my home chooses to maintain and administer unassigned epinephrine auto-injectors?

Current through Reg. 49, No. 28; July 12, 2024
If your home maintains and administers unassigned
					 epinephrine auto-injectors to use when a child in care has an emergency
					 anaphylaxis reaction, you must adopt and implement a written policy that
					 complies with the unassigned epinephrine auto-injector requirements set by the
					 Texas Department of State Health Services, as specified in 25 TAC Chapter 40,
					 Subchapter C (relating to Epinephrine Auto-Injector Policies in Youth
					 Facilities) and Texas Health and Safety Code §
										773.0145.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.807 - What are the water activity and swimming requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain constant and active
				  supervision when a child is in or around water.
(b) When an infant or toddler is taking part
				  in a water activity, there must always be one caregiver for each infant or
				  toddler who is wading, bathing, or swimming.
(c) You must take precautionary measures to
				  protect the safety of a non-swimmer of any age.
(d) You must not allow children to swim in a
				  lake, pond, river, or similar body of water.
(e) You may allow children to wade in a
				  wading pool of less than two feet of water if you are present and have
				  completed an online water safety course. Otherwise, you may allow children to
				  swim or wade in a swimming pool or wading pool only if a lifeguard is on duty.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.809 - What are the transportation requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must account for all children exiting
				  a vehicle before leaving the vehicle unattended.
(b) You must abide by all state laws,
				  including:
(1) Never leaving a child
				  unattended in a vehicle;
(2)
				  Always using a child safety seat system (an infant safety seat, rear-facing
				  convertible safety seat, forward facing safety seat, booster seat), safety
				  vest, harness, or safety belt, as appropriate to the child's age, height, and
				  weight and according to the manufacturer's instructions, for children as
				  required by law;
(3) Always using
				  a safety belt for adults; and
(4)
				  Requiring the driver while transporting children to:
(A) Have proof of automobile liability
				  insurance; and
(B) Carry a current
				  driver's license.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 742 - MINIMUM STANDARDS FOR LISTED FAMILY HOMES › Subchapter H - HEALTH AND SAFETY PRACTICES › Section 742.811 - What type of emergency preparedness plan must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must have an emergency preparedness
				  plan that addresses the types of emergencies most likely to occur in your area,
				  including:
(1) An evacuation of your home to
				  a designated safe area in an emergency such as a fire or gas leak;
(2) A relocation of the children and
				  caregivers to a designated, alternate shelter in an emergency such as a flood,
				  a hurricane, medical emergency, or communicable disease outbreak; and
(3) The sheltering and lock-down
				  of children and caregivers within your home to temporarily protect them from
				  situations such as a tornado, volatile person on the premises, or an
				  endangering person in the area.