reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1003 - For purposes of the child/caregiver ratio, how many children can a single caregiver care for during the children's waking hours?

Current through Reg. 49, No. 28; July 12, 2024
(a) The number of children that a single
				  caregiver may care for during waking hours depends on the ages and treatment
				  service needs of the children in the group. A single caregiver may care for
				  five children if at least one child in the group requires treatment services,
				  or eight children if none of the children in the group require treatment
				  services. Children younger than five years old count as two children.
(b) You may separate children into groups
				  based on age and/or treatment services in order to vary the child/caregiver
				  ratio required for each group, as long as:
(1) The groups remain easily distinguishable
				  and separated, such as by cottage or unit; and
(2) The child/caregiver ratio is
				  re-calculated any time groups intermingle, such as on a field trip or in the
				  dining room.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1005 - Can child/caregiver ratios be averaged on an operation-wide basis?

Current through Reg. 49, No. 28; July 12, 2024
Each group of children must have sufficient caregivers to
					 meet the required child/caregiver ratio for that group of children. A person
					 may not be counted in the ratio for a group of children if he is caring for
					 children outside the group or working in an administrative
					 capacity.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1007 - For purposes of the child/caregiver ratio, how many children can a single caregiver care for when children are asleep at night?

Current through Reg. 49, No. 28; July 12, 2024
(a) The number of children that a single
				  caregiver may care for during night-time sleeping hours depends on whether the
				  caregiver stays awake or sleeps during these hours and on the ages and
				  treatment service needs of the children in the group. Children younger than
				  five years old count as two children.
(b) If the caregiver stays awake, the
				  caregiver may care for:
(1) 15 children if at
				  least one child in the group requires treatment services; or
(2) 24 children if none of the children in
				  the group require treatment services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1009 - How many caregivers must I employ?

Current through Reg. 49, No. 28; July 12, 2024
You must employ an adequate number of qualified caregivers
					 to meet the needs of children, taking into account each child's age, medical,
					 physical, and mental condition and other factors that affect the amount of
					 supervision the child requires, including enough caregivers to meet:
(1) Child/caregiver ratios; and
(2) All of their responsibilities required in
				  § 748.685 of Title 40 (relating to What responsibilities does a caregiver
				  have when supervising a child or children?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1011 - What employees can be counted as a caregiver in the child/caregiver ratio?

Current through Reg. 49, No. 28; July 12, 2024
The child/caregiver ratio only includes qualified
					 caregivers who are working directly with a child or group of
					 children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1013 - How does a caregiver care for a child needing constant supervision during sleeping hours?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver must
				  always be awake when caring for a child needing constant supervision, such as a
				  medically fragile child or a child that is an immediate danger to self or
				  others.
(b) To facilitate
				  continuous care for a child, the caregiver may move a child to a location where
				  the caregiver can directly and continuously supervise a child until there is no
				  longer an immediate danger to self or others. The caregiver must provide
				  comfortable sleeping arrangements for the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1015 - How does the child/caregiver ratio apply if I provide care for both children in care and children of caregivers, or for both children and adult residents?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  child/caregiver ratio applies to the children of caregivers who are present
				  with children in care.
(b) For both
				  children and adult residents, you must maintain the ratio as outlined in §
				  748.1935 of Title 40 (relating to How does the child/caregiver ratio apply if I
				  provide care to both children and adults?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1017 - How does the child/caregiver ratio apply to activities that occur away from my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  child/caregiver ratio applies to activities sponsored or conducted by the
				  operation, including field trips, higher risk recreational activities, and
				  appointments that occur away from the operation.
(b) You must have additional caregivers to
				  meet the special needs of children when there are activities away from your
				  operation, for example a non-ambulatory child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1019 - What are the supervision requirements for a transitional living program?

Current through Reg. 49, No. 28; July 12, 2024
A caregiver counted in the child/caregiver ratio who is
					 responsible for supervising children of the same gender in a transitional
					 living program must:
(1) Reside in or
				  within close physical proximity of the children's living quarters;
(2) Be onsite at the operation during times
				  when children are awake, but the caregiver is not physically present with the
				  children;
(3) Be physically
				  available to the children at all times;
(4) Be capable of responding quickly in an
				  emergency; and
(5) Be capable of
				  monitoring the comings and goings of the children in the program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1021 - When does a child who is in a transitional living program not need supervision?

Current through Reg. 49, No. 28; July 12, 2024
(a) The child
				  must be 16 years old or older.
(b)
				  You must evaluate each child in a transitional living program to determine
				  whether the child needs supervision. The evaluation must:
(1) Include a written plan defining the
				  periods of time the child may be left unsupervised;
(2) Include a written plan for addressing
				  behavioral problems that a child may have while in the transitional living
				  program; and
(3) Identify how the
				  child may contact the caregivers when caregivers are not physically present
				  with the child, such as being available to the child by telephone or other
				  means of contact.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter G - CHILD/CAREGIVER RATIOS › Section 748.1023 - Is my operation permitted to have a transitional living program with living quarters, a cottage, or a house with both male and female residents?

Current through Reg. 49, No. 28; July 12, 2024
You must not have living quarters, a cottage, or a house
					 with both male and female residents, unless caregivers are always present when
					 children are at the living quarters, cottage, or house of the transitional
					 living program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1101 - What rights does a child in care have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child's rights are cumulative of any
				  other rights granted by law or other Licensing rules.
(b) The following categories include the
				  child's rights that you must adhere to:
(1)
				  Safety and care, including:
(A) The right to
				  good care and treatment that meets the child's needs in the most family-like
				  setting possible;
(B) The right to
				  be free from abuse, neglect, and exploitation; and
(C) The right to fair treatment;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1103 - How must I inform a child and the child's parents of their rights?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within seven days after you admit a child
				  into your operation, you must review the child's rights with the child and a
				  child's parent, unless the parent's consent is not required. You must also
				  provide the child and a child's parent with a written copy of the child's
				  rights.
(b) Child rights must be
				  written in:
(1) Simple, non-technical terms;
				  and
(2) English, unless the person
				  does not understand English. The child's rights must be written in the person's
				  primary language, if possible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1107 - What right does a child have regarding contact with his parent(s)?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must allow contact between a child
				  and his parent(s) whose parental rights have not been terminated according to:
(1) Your policies; and
(2) The provisions of a court order or any
				  visitation agreements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1109 - What right does a child have regarding contact with siblings?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child must have a reasonable
				  opportunity for sibling visits and contacts in an effort to preserve sibling
				  relationships.
(b) You must address
				  plans for sibling visits and contacts in the child's record.
(c) When you restrict sibling contact, you
				  must include justification in the child's record. Restrictions imposed by you
				  that continue for more than 60 days must be re-evaluated every 60 days by a
				  professional level service provider, who also must:
(1) Explain the reasons for the continued
				  restrictions to the child; and
(2)
				  Document the reasons in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1111 - What right to privacy does a child have in his contact with others?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as determined by the child's
				  service planning team, treatment director, professional level service provider,
				  or parent, you may not:
(1) Open or read the
				  child's incoming or outgoing mail, including electronic mail, unless necessary
				  to assist the child with reading or writing; or
(2) Listen to or screen the child's telephone
				  calls unless the child needs assistance with using the telephone.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1113 - Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child's possessions must be free of
				  unreasonable searches and unreasonable removal of personal items.
(b) You may search a child, his possessions,
				  or his room when you have reasonable suspicion:
(1) Of the presence of a prohibited item or
				  an item that endangers the child's safety;
(2) That the child made suicidal threats or
				  threatened to hurt himself or others; or
(3) That the child was involved in
				  theft.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1115 - May a caregiver conduct a body cavity search of a child in care?

Current through Reg. 49, No. 28; July 12, 2024
With the exception of a child's mouth, a caregiver may not
					 conduct a body cavity search of a child in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1117 - What must I document regarding a search?

Current through Reg. 49, No. 28; July 12, 2024
You must document the following in the child's record when
					 you conduct a search under § 748.1113(b) of Title 40 (relating to Under
					 what circumstances may I conduct a search for prohibited items or items that
					 endanger a child's safety?):
(1) The
				  date of the search;
(2) The name of
				  the child;
(3) Reason for the
				  search;
(4) A description of what
				  you searched;
(5) The clothing
				  removed, if applicable;
(6) The
				  name of the caregivers conducting the search;
(7) The name of the witness, if
				  applicable;
(8) The results of the
				  search; and
(9) The resolution of
				  the issue with the child, including increased supervision, additional
				  counseling, or disciplinary consequences.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter H - CHILD RIGHTS › Section 748.1119 - What techniques am I prohibited from using on a child?

Current through Reg. 49, No. 28; July 12, 2024
Certain techniques must not be used on a child,
					 including:
(1) Chemical restraints. For
				  more information on emergency behavior intervention, see Subchapter N of this
				  chapter (relating to Emergency Behavior Intervention);
(2) Aversive conditioning, which includes,
				  but is not limited to, any technique designed to or likely to cause a child
				  physical pain, the application of startling stimuli, and the release of noxious
				  stimuli or toxic sprays, mists, or substances in proximity to the child's
				  face;
(3) Pressure
				  points;
(4) Rebirthing
				  therapy;
(5) Hug and/or holding
				  therapy; and
(6) Taser or stun
				  guns.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1201 - May children receiving different types of service live in the same living quarters?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
					 provided by subsection (c) of this section, children receiving different types
					 of service may reside in the same living quarters as long as:
(1) A professional level service provider
					 completes an evaluation of the living quarters for each child that you place in
					 the living quarters; and
(2) In
					 each evaluation, the professional level service provider ensures that:
(A) There is no conflict of care with the
					 best interests of any of the children placed in the living quarters;
(B) Placing the child with different service
					 or treatment needs in the living quarters will not adversely impact the other
					 children in the living quarters;
(C) The number of children in the living
					 quarters is appropriate at all times based on the needs of all children in the
					 living quarters;
(D) Caregivers can
					 appropriately supervise all children in the living quarters at all times;
					 and
(E) You can meet the needs of
					 all children in the living quarters.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1203 - Who may I admit?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may only admit
					 children or young adults who meet your admission policy guidelines and whose
					 needs you can meet. If you adopt a change in your admission policies that
					 requires a change in the conditions of your permit, you must request an
					 amendment to your permit with us.
(b) Each placement must meet the child's
					 physical, medical, recreational, educational, and emotional needs as identified
					 in the child's admission assessment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1205 - What information must I document in the child's record at the time of admission?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 include the following in the child's record at the time of admission:
(1) The child's name, gender, race, religion,
					 and date of birth;
(2) The name,
					 address, and telephone number of the managing conservator, the primary
					 caregivers for the child, any person with whom the child is allowed to leave
					 the operation, and any other individual who has the legal authority to consent
					 to the child's medical care;
(3)
					 The names, addresses, and telephone numbers of biological or adoptive parents,
					 unless parental rights have been terminated;
(4) The names, addresses, and telephone
					 numbers of siblings;
(5) The date
					 of admission;
(6) Medication the
					 child is taking;
(7) The child's
					 immunization record;
(8) Allergies,
					 such as food, medication, sting, and skin allergies;
(9) Chronic health conditions, such as asthma
					 or diabetes;
(10) Known
					 contraindications to the use of restraint;
(11) Identification of the child's treatment
					 needs, if applicable, and any additional treatment services or programmatic
					 services the child is receiving;
(12) Identification of the child's high-risk
					 behaviors, if applicable, and the safety plan staff and caregivers will
					 implement related to the behaviors;
(13) If a suicide risk screening is required
					 at admission and the child is screened as having a high or potential risk of
					 suicide:
(A) The identification of any risk
					 factors or warning signs of suicide, if applicable, and not already identified
					 in paragraph (12) of this subsection; and
(B) The safety plan staff and caregivers will
					 implement related to the risk factors and warning signs;
(14) The results of the suicide screening at
					 admission, if required;
(15) A copy
					 of the placement agreement, if applicable; and
(16) Documentation of the attempt to notify
					 the parent of the child's location as required by §
												748.1211(c)(3)
					 of this title (relating to What information must I share with the parent at the
					 time of placement?), if applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1207 - What is a placement agreement?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 placement agreement is your agreement with a child's parent or the child that
					 defines your roles and responsibilities and authorizes you to obtain or provide
					 services for the child. The placement agreement must include:
(1) Authorization permitting you to care for
					 the child;
(2) A medical consent
					 form signed by a person legally authorized by the Texas Family Code to provide
					 consent; and
(3) The reason for
					 placement and anticipated length of time in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1209 - What orientation must I provide a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within seven days of admission, you must
					 provide orientation to each newly admitted child who is five years old or
					 older. You must gear orientation to the intellectual level of the
					 child.
(b) Orientation must include
					 information about your policies on the following:
(1) Visitation, including family visitation
					 and overnight visitation;
(2)
					 Mail;
(3) Telephone
					 calls;
(4) Gifts;
(5) Personal possessions, including any
					 limits placed on the possessions the child may or may not have;
(6) Emergency behavior intervention,
					 including your policies and practices on the use of personal restraint and the
					 child's input on preferred de-escalation techniques that caregivers can use to
					 assist the child in the de-escalation process;
(7) Discipline;
(8) The religious program and
					 practices;
(9) The educational
					 program;
(10) Trips away from the
					 operation;
(11) Program
					 expectations and rules;
(12) A
					 general daily schedule for routine activities for children in care;
					 and
(13) Internal grievance
					 procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1211 - What information must I share with the parent at the time of placement?

Current through Reg. 49, No. 28; July 12, 2024
(a) At admission,
					 you must provide the following policies to the parent placing the child:
(1) Fee policies;
(2) Emergency behavior intervention
					 policies;
(3) Discipline policies;
					 and
(4) Any other policies required
					 by us, upon request of the parent.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1213 - What information must I provide caregivers when I admit a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) By the day you admit the child for care,
					 you must provide caregivers responsible for the child's care with information
					 about the child's immediate needs such as enrolling the child in school or
					 obtaining needed medical care or clothing.
(b) You must inform appropriate caregivers of
					 any special needs, such as medical or dietary needs or conditions or
					 supervision needs, and document that you shared the information with the
					 caregiver.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1215 - When must I complete the admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must complete a non-emergency
					 admission assessment prior to admission.
(b) A professional level service provider
					 must sign and date each assessment, which must be in the child's
					 record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1217 - What information must an admission assessment include?

Current through Reg. 49, No. 28; July 12, 2024
(a) An admission assessment must provide an
					 initial evaluation of the appropriate placement for a child and ensure that you
					 obtain the information necessary for you to facilitate service
					 planning.
(b) Prior to a child's
					 non-emergency admission, an admission assessment must be completed which
					 includes:
(1) The child's legal
					 status;
(2) A description of the
					 circumstances that led to the child's referral for substitute care;
(3) A description of the child's behavior,
					 including appropriate and maladaptive behavior, and any high-risk
					 behavior;
(4) Any history of
					 physical, sexual, or emotional abuse or neglect;
(5) Any history of trauma;
(6) Current medical and dental status,
					 including the available results of any medical and dental
					 examinations;
(7) Current mental
					 health and substance abuse status, including available results of any
					 psychiatric evaluation, psychological evaluation, or psychosocial
					 assessment;
(8) The child's current
					 developmental, educational, and behavioral level of functioning;
(9) The child's current educational level and
					 any school problems;
(10) Any
					 applicable requirements of §
												748.1219
					 of this title (relating to What are the additional admission assessment
					 requirements when I admit a child for treatment services?);
(11) Documentation indicating efforts made to
					 obtain any of the information in paragraphs (1) - (10) of this subsection, if
					 any information is not obtainable;
(12) The services you plan to provide to the
					 child;
(13) Immediate goals of
					 placement;
(14) The parent's
					 expectations for placement, duration of the placement, and family
					 involvement;
(15) The child's
					 understanding of the placement; and
(16) A determination of whether and how you
					 can meet the needs of the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1219 - What are the additional admission assessment requirements when I admit a child for treatment services?

Current through Reg. 49, No. 28; July 12, 2024
When you admit a child for treatment services, you must
						do the following, as applicable:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1221 - What must I do if I cannot obtain the required information for an admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must make
					 reasonable efforts to obtain all required information.
(b) If you and the child's parent determine
					 that attempting to get information at the time of placement would not be in the
					 child's best interests, you may postpone attempting to acquire the
					 information.
(c) In the child's
					 admission assessment, you must document why a:
(1) Particular piece of information is
					 unavailable; or
(2) Delay in
					 obtaining a piece of information is necessary, including efforts made to obtain
					 the information.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1223 - What are the medical requirements when I admit a child into care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must ensure that the child has a
					 medical examination by a health-care professional within 30 days after the date
					 of admission. This exam is not required if you have documentation that the
					 child has had a medical examination within the past year, including
					 documentation in the child's health passport if the child is in the
					 department's conservatorship.
(b)
					 If you admit a child with primary medical needs, you must provide the child
					 with a medical examination by a health-care professional within seven days
					 before or three days after the date of admission.
(c) If a child admitted shows symptoms of
					 abuse or illness, a health-care professional must examine the child
					 immediately.
(d) The report and
					 findings of any medical examination must be documented in the child's record,
					 according to § 748.1531(b) and (c) of Title 40 (relating to What general
					 medical requirements must my operation meet?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1225 - What are the dental requirements when I admit a child into care?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the child is younger than three years
					 old and a health-care professional recommends a dental examination, then you
					 must ensure that a dentist examines the child.
(b) A child three years old or older must
					 have a dental appointment scheduled with a dentist within 30 days after the
					 date of admission, and the examination must occur within 90 days after the date
					 of admission. A dental examination is not required if you have documentation
					 that the child has had a dental examination within the past year, including
					 documentation in the child's health passport if the child is in the
					 department's conservatorship.
(c)
					 The report and findings of the dental examination must be documented in the
					 child's record, according to § 748.1501(b) and (c) of Title 40 (relating
					 to What general dental requirements must my operation meet?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 1 - ADMISSION › Section 748.1227 - What must I document when I re-admit a child for care?

Current through Reg. 49, No. 28; July 12, 2024
For re-admission, you must complete the admission
						documentation as if the child was never in your care; or for children that were
						discharged from your operation within the last 12 months, you may update the
						previous admission documentation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 2 - EMERGENCY ADMISSION › Section 748.1261 - For which of my programs may I accept emergency admissions?

Current through Reg. 49, No. 28; July 12, 2024
Neither a transitional living program nor a therapeutic
						camp program may accept emergency admissions. All other programs may accept
						emergency admissions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 2 - EMERGENCY ADMISSION › Section 748.1263 - What constitutes an emergency admission to my operation?

Current through Reg. 49, No. 28; July 12, 2024
It is an emergency admission if:
(1) You must place the child within 72
					 hours;
(2) The child was removed
					 from a situation involving alleged abuse or neglect;
(3) The child is an alleged perpetrator of
					 abuse and cannot be served in the child's current placement due to the child's
					 perpetrating behaviors;
(4) The
					 child displays behavior that is an immediate danger to self or others and
					 cannot function or be served in the child's current setting;
(5) The child was abandoned and after
					 exercising reasonable efforts, the child's identity cannot be immediately
					 determined. You must document the efforts made to obtain information on the
					 child's identity in the child's record;
(6) The child was removed from the child's
					 home or placement, and there is an immediate need to find a residence for the
					 child;
(7) A law enforcement
					 officer released the child to your operation that is licensed to provide
					 emergency care services; or
(8) The
					 child is otherwise without adult care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 2 - EMERGENCY ADMISSION › Section 748.1265 - May I take possession of a child from a law enforcement officer?

Current through Reg. 49, No. 28; July 12, 2024
You may take possession of a child from a law enforcement
						officer only if you meet the requirements of 40 TAC Chapter 745, Subchapter H,
						Division 2 (relating to Taking Possession of a Child Directly from a Law
						Enforcement Officer).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 2 - EMERGENCY ADMISSION › Section 748.1269 - For an emergency admission, when must I complete all of the requirements for an admission assessment?

Current through Reg. 49, No. 28; July 12, 2024
(a) For
					 an emergency admission, you must complete all of the requirements (see Division
					 1 of this subchapter (relating to Admission)) for an admission assessment
					 within 40 days from the date of the child's admission.
(b) In an emergency admission of a child
					 receiving treatment services, the child must not continue in care for more than
					 30 days after the date of admission or 10 days after the date of admission for
					 a residential treatment center, unless the child has received the psychiatric
					 evaluation, psychological evaluation, psychosocial assessment, or medical
					 evaluation that is required by § 748.1219 of Title 40 (relating to What
					 are the additional admission assessment requirements when I admit a child for
					 treatment services?), and the evaluation or assessment indicates manifestations
					 of the disorder requiring treatment services. All evaluations and assessments
					 must be signed, dated, and documented in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 2 - EMERGENCY ADMISSION › Section 748.1271 - At the time of an emergency admission, what information must I document in the child's record?

Current through Reg. 49, No. 28; July 12, 2024
At the time of the emergency admission you must document
						in the child's record:
(1) A brief
					 description of the circumstances necessitating the emergency
					 admission;
(2) The date of
					 admission;
(3) Allergies, such as
					 food, medication, sting, and skin allergies;
(4) Chronic health conditions, such as asthma
					 or diabetes;
(5) Known
					 contraindications to the use of restraint;
(6) Identification of the child's high-risk
					 behaviors, if applicable, and the safety plan staff and caregivers will
					 implement related to the behaviors;
(7) If a suicide risk screening is required
					 at admission and the child is screened as having a high or potential risk of
					 suicide:
(A) The identification of any risk
					 factors or warning signs of suicide, if applicable, and not already identified
					 in paragraph (6) of this section; and
(B) The safety plan staff and caregivers will
					 implement related to the risk factors and warning signs;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 3 - EDUCATIONAL SERVICES › Section 748.1301 - What responsibilities do I have for the education of a child in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must arrange an
					 appropriate education for each child, including:
(1) Ensuring the child in care attends an
					 educational facility or program that is approved or accredited by the Texas
					 Education Agency, the Southern Association of Colleges and Schools, the Texas
					 Private School Accreditation Commission or by the out-of-state school district
					 funding the child;
(2) Ensuring a
					 school-age child has the training and education in the least restrictive
					 setting necessary to meet the child's needs and abilities;
(3) Ensuring a child in care attends an
					 educational facility or program that implements a special education student's
					 individual education plan (IEP); and
(4) Advocating that a school-age child
					 receives the educational and related services to which he is entitled under
					 provisions of federal and state law and regulations.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 3 - EDUCATIONAL SERVICES › Section 748.1303 - What responsibilities do I have for a child's individual educational needs?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Review report cards and other information received from teachers or school
					 authorities with the child and provide necessary information to
					 caregivers;
(2) Counsel and assist
					 the child regarding adequate classroom performance;
(3) Permit, encourage, and make reasonable
					 efforts to involve the child in extracurricular activities to the extent of the
					 child's interests and abilities and in accordance with the child's service
					 plan;
(4) Provide a quiet,
					 well-lighted space for the child to study and allow regular times for homework
					 and study;
(5) Know what emergency
					 behavior interventions are permitted and being used with the child;
(6) Let the parent know that an ARD
					 (Admission, Review, and Dismissal), IEP (Individual Education Plan), or ITP
					 (Individual Transitional Planning) meeting should be requested if you are
					 concerned with the child's educational program or if the child does not appear
					 to be making progress;
(7) Attend
					 ARD, IEP, and ITP meetings and other school staffings and conferences, if
					 requested by the parent, to represent the child's educational best interests,
					 including the child being evaluated for and provided with related services
					 needed to benefit from educational services, and positive behavior supports
					 designed to decrease the need for negative disciplinary techniques or
					 interventions; and
(8) Know what is
					 in the child's IEP and support the school's efforts to implement the IEP, if
					 applicable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 3 - EDUCATIONAL SERVICES › Section 748.1305 - If I have an educational program, what information must I provide to a child's parent about that program?

Current through Reg. 49, No. 28; July 12, 2024
If you have an educational program, you must include the
						following information in the discussion and in the written material you give to
						parents when you admit the child:
(1)
					 The name of any educational program operated on the premises of your
					 operation;
(2) Whether the program
					 is accredited;
(3) Whether the
					 Texas Education Agency has approved the program;
(4) Whether the educational course work is
					 transferable to public schools; and
(5) The credentials of the teachers, if the
					 teachers are not approved and regulated by the State Board of Educator
					 Certification (SBEC).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1331 - What are the requirements for a preliminary service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must complete a preliminary service
					 plan that addresses the immediate needs of a child within 72 hours, such as
					 supervision requirements, enrolling the child in school, or obtaining needed
					 medical care or clothing.
(b) In
					 addition, for a child receiving treatment services the preliminary service plan
					 must include:
(1) A description of the child's
					 immediate treatment and care needs;
(2) A description of the child's immediate
					 educational, medical, and dental needs, including possible side effects of
					 medications or treatment prescribed to the child;
(3) A description of how you will meet the
					 child's needs, including any necessary increased supervision or follow-up
					 actions of possible side effects of medication or treatment provided to the
					 child;
(4) The identification of
					 any issues or concerns the child may have that could escalate a child's
					 behavior. Identification of a child's issues or concerns must serve to avoid
					 the use of unnecessary emergency behavior interventions with the child. Child
					 concerns may include issues with food, eye contact, physical touch, personal
					 property, or certain topics; and
(5) A designation of who will be responsible
					 for meeting each of the child's needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1333 - Who must be involved in developing the preliminary service plan for children receiving treatment services?

Current through Reg. 49, No. 28; July 12, 2024
The treatment director or a professional level service
						provider must develop, sign, and date the preliminary service plan for children
						receiving treatment services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1335 - When must I complete an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
You must complete the initial service plan within 45 days
						after you admit the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1337 - What must a child's initial service plan include?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must base the
					 child's initial service plan on the child's needs identified in the child's
					 admission assessment and integrate trauma informed care in the care, treatment,
					 and management of each child. The service planning team may prioritize the
					 child's service planning goals and objectives based on the child's admission
					 assessment. However, any required service plan components not initially
					 addressed must have a justification for the delay in addressing the
					 needs.
(b) The child's initial
					 service plan must be documented in the child's record and include those items
					 that a preliminary plan must include (see §
											748.1331
					 of this title (relating to What are the requirements for a preliminary service
					 plan?)), and the items noted below for each specific type of service that you
					 provide the child:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1339 - Who must be involved in developing an initial service plan?

Current through Reg. 49, No. 28; July 12, 2024
(a) A service planning team must develop the
					 service plan. The team must consist of:
(1)
					 At least one of the child's current caregivers;
(2) A person designated to make decisions
					 regarding a child's participation in childhood activities; and
(3) At least one professional level service
					 provider who provides direct services to the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter I - ADMISSION, SERVICE PLANNING, AND DISCHARGE › Division 4 - SERVICE PLANS › Section 748.1340 - Can the service planning team discuss to develop a child's service plan in separate meetings?

Current through Reg. 49, No. 28; July 12, 2024
Yes, the service planning team may meet in one meeting,
						two or more meetings, or in separate meetings, provided that each service
						planning team member is informed of the discussions and comments regarding the
						child's service plan that were made in each meeting.