reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 8 - USE OF PSYCHOTROPIC MEDICATION › Section 749.1611 - If my agency employs or contracts with a health-care professional who prescribes psychotropic medications to a child in care, what are the requirements for evaluating whether a child should continue taking a psychotropic medication?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a child
					 takes psychotropic medications, the prescribing health-care professional must
					 evaluate and document in the child's medication record a description of the
					 child's response to the medication and an assessment of its effectiveness and
					 the appropriateness of continuing the medication on at least a quarterly basis.
					 The written evaluation must include any reasons for discontinuing the
					 medication.
(b) If the health-care
					 professional decides that he can evaluate the appropriateness of continuing the
					 medication without seeing the child, you do not have to schedule an appointment
					 for the evaluation.
(c) The
					 health-care professional must consider the target symptoms and treatment goals
					 in evaluating the child's use of psychotropic medications.
(d) The health-care professional must
					 document whether the child needs to continue taking the medication. You must
					 document the health-care professional's decision in the child's
					 record.
(e) If the health-care
					 professional does not substantiate the effectiveness of a specific psychotropic
					 medication within 90 days, the health-care professional must provide a written
					 rationale for continuing the medication for an additional period. The
					 continuation of the medication may not exceed an additional 90 days (for a
					 total of 180 days) if the health-care professional does not substantiate
					 effectiveness. A copy of the written rationale must be documented in the
					 child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 9 - PROTECTIVE DEVICES › Section 749.1641 - What is a protective device?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 protective device:
(1) Protects a person from
					 involuntary self-injurious behavior or permits wounds to heal; and
(2) Does not prohibit a person's
					 mobility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 9 - PROTECTIVE DEVICES › Section 749.1643 - What does "involuntary self-injurious behavior" mean when used in this division?

Current through Reg. 49, No. 28; July 12, 2024
Involuntary self-injurious behavior means a person's
						physical movements that are automatic and not subject to control of the
						person's will that may inflict injury to the person.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 9 - PROTECTIVE DEVICES › Section 749.1645 - May I use protective devices?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 may use protective devices if a licensed physician orders their use for a
					 specific child. The orders must indicate the circumstances under which the
					 protective device is permitted.
(b)
					 You may not use protective devices as:
(1)
					 Punishment;
(2) Retribution or
					 retaliation;
(3) A means to get a
					 child to comply;
(4) A convenience
					 for caregivers or other persons; or
(5) A substitute for effective treatment or
					 habilitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 9 - PROTECTIVE DEVICES › Section 749.1647 - Who may use PRN orders with respect to protective devices?

Current through Reg. 49, No. 28; July 12, 2024
A licensed physician ordering protective devices may use
						PRN orders. The physician must review PRN orders for protective devices at
						least every 90 days.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 10 - SUPPORTIVE DEVICES › Section 749.1671 - What is a supportive device?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 supportive device used:
(1) To support a
					 person's posture;
(2) To assist a
					 person who cannot obtain and/or maintain normal physical functioning to improve
					 his mobility and independent functioning; or
(3) As an adjunct to proper care and
					 treatment, for example physical therapy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 10 - SUPPORTIVE DEVICES › Section 749.1673 - May I use supportive devices?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 may use supportive devices if a licensed physician orders their use for a
					 specific child. The orders must indicate the circumstances under which the
					 supportive device is permitted.
(b)
					 You may not use a supportive device as a substitute for appropriate nursing
					 care.
(c) You may not use
					 supportive devices that include tying or depriving or limiting the use of a
					 child's hands or feet.
(d) You may
					 not use supportive devices as:
(1)
					 Punishment;
(2) Retribution or
					 retaliation;
(3) Means to get a
					 child to comply;
(4) A convenience
					 for caregivers or other persons; or
(5) A substitute for effective treatment or
					 habilitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter J - FOSTER CARE SERVICES: MEDICAL AND DENTAL › Division 10 - SUPPORTIVE DEVICES › Section 749.1675 - Who may use PRN orders with respect to supportive devices?

Current through Reg. 49, No. 28; July 12, 2024
A licensed physician ordering supportive devices may use
						PRN orders. The physician must review PRN orders for supportive devices at
						least every 90 days.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1801 - What do certain words mean in this division?

Current through Reg. 49, No. 28; July 12, 2024
These words have the following meanings in this
						division:
(1) Baby bungee jumper--A
					 bucket seat that is suspended from a doorway by an elastic bungee cord that
					 allows an infant to bounce while sitting in the seat.
(2) Baby walker--A baby walker allows an
					 infant to sit inside the walker equipped with rollers or wheels and move across
					 the floor.
(3) Bouncer seat--A
					 stationary seat designed to provide gentle rocking or bouncing motion by an
					 infant's movement or by battery-operated movement. This type of equipment is
					 designed for an infant's use from birth until the child can sit up
					 unassisted.
(4) Restrictive
					 device--Equipment that places the body of an infant in a position that may
					 restrict airflow or cause strangulation; usually, the infant is placed in a
					 semi-seated position. Examples of restrictive devices are car seats, swings,
					 bouncy seats, and highchairs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1803 - What are the basic care requirements for an infant?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each infant must receive individual
					 attention, including playing, talking, cuddling, and holding.
(b) A caregiver must provide prompt
					 attention to an infant's physical needs, such as feeding and
					 diapering.
(c) An infant's
					 caregiver must ensure that the environment is safe. For example, free the area
					 of objects that may choke or harm the infant, take measures to prevent electric
					 shock, free the area of furniture that is in disrepair or unstable, and allow
					 no unsupervised access to water to prevent the risk of drowning.
(d) Items necessary for diaper changing must
					 be kept out of the reach of children, but do not need to be in locked
					 storage.
(e) An infant's caregiver
					 must never leave the infant unsupervised:
(1)
					 A sleeping infant is considered supervised if the caregiver is within eyesight
					 or hearing range of the infant and can intervene as needed, or if the caregiver
					 uses a video camera or audio monitoring device to monitor the infant and is
					 close enough to the infant to intervene as needed; and
(2) An awake infant is considered supervised
					 if the caregiver is within eyesight of the infant and is close enough to the
					 infant to intervene as needed. For short periods of time in the course of
					 routine household activities, the infant may be out of the caregiver's
					 eyesight, as long as the:
(A) Infant is
					 within hearing range;
(B) Infant's
					 environment is free of any safety hazards; and
(C) Caregiver is able to intervene immediately, as
					 needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1805 - What furnishings and equipment must I have in an infant care area?

Current through Reg. 49, No. 28; July 12, 2024
An infant care area must at a minimum include the
						following furnishings and equipment:
(1) An individual crib for each infant;
					 and
(2) A sufficient number of toys
					 to keep each child engaged in activities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1807 - What specific safety requirements must my cribs meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) All cribs must have:
(1) A firm, flat mattress that snugly fits
					 the sides of the crib. The mattress must not be supplemented with additional
					 foam material or pads;
(2) Sheets
					 that fit snugly and do not present an entanglement hazard;
(3) A mattress that is waterproof or
					 washable;
(4) Secure mattress
					 support hangers, and no loose hardware or improperly installed or damaged
					 parts;
(5) A maximum of 2 3/8
					 inches between crib slats or poles;
(6) No corner posts over 1/16 inch above the
					 end panels;
(7) No cutout areas in
					 the headboard or footboard that would entrap a child's head or body;
					 and
(8) Drop rails, if present,
					 which fasten securely and cannot be opened by a child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1809 - Are mesh cribs or port-a-cribs allowed?

Current through Reg. 49, No. 28; July 12, 2024
A foster home may use a full-size, portable, or mesh-side
						crib if:
(1) Caregivers follow the
					 manufacturer's instructions;
(2)
					 The crib has:
(A) Mesh that is securely
					 attached to the top rail, side rail, and floor plate; and
(B) Folded sides that securely latch in place
					 when raised;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1811 - What equipment must have safety straps before I can use it with an infant?

Current through Reg. 49, No. 28; July 12, 2024
(a) A high chair,
					 swing, stroller, infant carrier, rocker, bouncer seat, or a similar type of
					 equipment that a foster home uses for an infant must be equipped with safety
					 straps; and
(b) The safety straps
					 must be fastened whenever the infant is using the
					 equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1813 - What types of equipment may a foster home not use with infants?

Current through Reg. 49, No. 28; July 12, 2024
(a) A foster home may not use any of the
					 following types of equipment with infants:
(1) Baby walkers;
(2) Baby bungee jumpers;
(3) Accordion safety gates;
(4) Toys that are not large enough to prevent
					 swallowing or choking; and
(5) Bean
					 bags, waterbeds, and foam pads for use as sleeping equipment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1815 - What are the specific sleeping requirements for infants?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must place an infant not yet
					 able to turn over on his own in a face-up sleeping position unless a
					 health-care professional orders otherwise. You must keep any orders from a
					 health-care professional in the child's record.
(b) An infant's head, face, or crib must not
					 be covered at any time by an item such as a blanket, linen, or
					 clothing.
(c) An infant may not
					 sleep in a prone position with a sleeping adult at any time, including in the
					 adult's bed, on a couch, etc.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1817 - May I allow an infant to sleep in a restrictive device?

Current through Reg. 49, No. 28; July 12, 2024
You may not allow an 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 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1819 - What are the specific requirements for feeding an infant?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must feed an infant based on
					 the recommendations of the infant's health-care professional.
(b) Unless recommendations from the service
					 team are contrary, caregivers must hold the infant while feeding an infant that
					 is:
(1) Birth through six months old;
					 or
(2) Unable to sit unassisted in
					 a high chair or other seating equipment during feeding.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 1 - ADDITIONAL REQUIREMENTS FOR INFANT CARE › Section 749.1821 - May I swaddle an infant to help the infant sleep?

Current through Reg. 49, No. 28; July 12, 2024
You may not lay a swaddled infant down to sleep or to
						rest on any surface at any time, unless you have an order signed by a
						health-care professional. You must keep the order in the child's
						record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 2 - ADDITIONAL REQUIREMENTS FOR TODDLER CARE › Section 749.1841 - What are the basic care requirements for a toddler?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each toddler must receive individual
					 attention, including playing, talking, and cuddling.
(b) A toddler's caregiver must ensure that
					 the environment is safe. For example, free the area of objects that may choke
					 or harm the toddler, take measures to prevent electric shock, free the area of
					 furniture that is in disrepair or unstable, and allow no unsupervised access to
					 water to prevent the risk of drowning.
(c) A toddler's caregiver must never leave
					 the toddler unsupervised. A toddler is considered supervised if the caregiver
					 is within eyesight or hearing range of the child and can intervene as needed,
					 or if the caregiver uses a video camera or an audio monitoring device to
					 monitor the child and is close enough to the child to intervene as
					 needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 3 - ADDITIONAL REQUIREMENTS FOR PREGNANT CHILDREN › Section 749.1861 - What information must I provide a pregnant child regarding her pregnancy?

Current through Reg. 49, No. 28; July 12, 2024
You must:
(1)
					 Ensure information, training, and counseling is available regarding health
					 aspects of pregnancy, preparation for child birth, and recovery from child
					 birth;
(2) Ensure the pregnant
					 child receives nutritional counseling and guidance that meets generally
					 accepted standards, including nutrition during pregnancy, lactation, and foods
					 to avoid; and
(3) Inform the child,
					 within seven days of admission or upon learning of the pregnancy, of her right
					 to be free from pressure to get an abortion, relinquish her child for adoption,
					 or to parent her child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 3 - ADDITIONAL REQUIREMENTS FOR PREGNANT CHILDREN › Section 749.1863 - Is the use of emergency behavior intervention of a pregnant child permitted in a foster home?

Current through Reg. 49, No. 28; July 12, 2024
If your policies allow for the use of personal restraints
						and you have a pregnant child in care:
(1) The health-care professional attending to
					 the child's pregnancy must document whether any type of emergency behavior
					 intervention that your policies allow is inadvisable; and
(2) You may not use any emergency behavior
					 intervention that the child's health-care professional attending to her
					 pregnancy finds inadvisable.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 3 - ADDITIONAL REQUIREMENTS FOR PREGNANT CHILDREN › Section 749.1865 - If my policies permit the admission of adolescent parents with their child(ren), who is responsible for the care of an adolescent's child?

Current through Reg. 49, No. 28; July 12, 2024
If your policies permit the admission of adolescent
						parents with their child(ren):
(1) An
					 adolescent parent must provide most of the care for her child;
(2) Caregivers must be available to the
					 adolescent parent as a resource and support; and
(3) When you care for an adolescent's child
					 in the adolescent parent's absence, you are responsible for that child as if
					 the child is in your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 4 - EDUCATIONAL SERVICES › Section 749.1891 - 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, or the
					 Texas Private School Accreditation Commission, unless the child's service
					 planning team approves the child attending another educational facility or
					 program with documented justification. You must keep documentation of the
					 planning team's justification and approval in the child's record;
(2) Ensuring a school-age child receives
					 education and training in the least restrictive setting necessary to meet the
					 child's needs and abilities;
(3)
					 For a child attending an accredited educational facility or program, ensuring
					 the facility or program 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 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 4 - EDUCATIONAL SERVICES › Section 749.1893 - What responsibilities do caregivers have for the educational needs of a child in their care?

Current through Reg. 49, No. 28; July 12, 2024
Caregivers must:
(1) Review report cards and other information
					 received from teachers or school authorities with the child and provide
					 necessary information to agency staff;
(2) Counsel and assist the child regarding
					 adequate classroom performance;
(3)
					 Permit, encourage, and make reasonable efforts to involve the child in
					 extracurricular activities as determined by a reasonable and prudent parent
					 standard 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) Request ARD
					 (admission, review, and dismissal), IEP (individual education plan), and ITP
					 (individual transitional planning) meetings if concerned with the child's
					 educational program or if the child does not appear to be making
					 progress;
(7) Provide notice to the
					 parent of the child of any scheduled ARD, IEP, or ITP meetings;
(8) Attend ARD, IEP, ITP meetings, other
					 school staffings, and conferences to represent the child's educational best
					 interests, including the child being evaluated for and provided with services
					 needed for the child to benefit from educational services, and positive
					 behavior supports designed to decrease the need for negative disciplinary
					 techniques or interventions; and
(9) 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 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 4 - EDUCATIONAL SERVICES › Section 749.1895 - What are the specific requirements for the educational program of a child diagnosed with autism spectrum disorder?

Current through Reg. 49, No. 28; July 12, 2024
You must ensure that the educational program for a child
						with an autism spectrum disorder:
(1)
					 Encourages normalization through appropriate stimulation and by encouraging
					 self-help skills; and
(2) Is
					 appropriate to the child's intellectual and social functioning.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 5 - RECREATIONAL SERVICES › Section 749.1921 - What responsibilities do foster parents have for providing a child with opportunities for recreational activities?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must provide daily indoor and
					 outdoor recreational and other activities appropriate to the needs, interests,
					 and abilities of the children so every child may participate.
(b) Except for written medical orders to the
					 contrary, your programs for non-ambulatory children must include:
(1) Physical fitness development that
					 prescribes a variety of body positions; and
(2) Changes in environment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 5 - RECREATIONAL SERVICES › Section 749.1923 - What physical fitness activities must caregivers provide for a child receiving treatment services for primary medical needs or intellectual disability?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child receiving treatment services for
					 primary medical needs or intellectual disability must have a minimum of one
					 hour of physical stimulation each day.
(b) Training programs for non-mobile children
					 must include development of physical fitness. This must include a variety of
					 body positions and changes in environment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 5 - RECREATIONAL SERVICES › Section 749.1925 - What type of daily schedule must caregivers provide for a child receiving treatment services for primary medical needs or intellectual disability?

Current through Reg. 49, No. 28; July 12, 2024
A child receiving treatment services for primary medical
						needs or intellectual disability must have a schedule that is based on the
						normalization principle. In order to help the child obtain an existence as
						normal as possible, the daily schedule must:
(1) Demonstrate an understanding of normal
					 child development; and
(2) Enhance
					 the child's physical, emotional, and social development.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 5 - RECREATIONAL SERVICES › Section 749.1927 - To what extent must a child receiving treatment services for primary medical needs or intellectual disabilities have normal life experiences?

Current through Reg. 49, No. 28; July 12, 2024
A child receiving treatment services for primary medical
						needs or intellectual disabilities should experience normalcy as much as
						possible and as appropriate for the child's special needs. This means that the
						child's foster parents must be routinely and personally involved with the
						child. This involvement must include:
(1) Daily one-on-one interaction between the
					 child and the foster parent primarily responsible for the child's
					 care;
(2) Participation in everyday
					 family activities to the extent the child is able, such as having meals
					 together, participating in family time, and participating in family
					 outings;
(3) Sensory stimulation
					 for the child, such as the child being held, being read to, being played with,
					 and being talked to, and the foster family watching television and listening to
					 music together;
(4) Actively
					 participating in the child's medical care, including appointments and
					 hospitalizations; and
(5) Actively
					 participating in the child's educational needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1951 - What are the requirements for disciplinary measures?

Current through Reg. 49, No. 28; July 12, 2024
(a) Only a caregiver known to and
					 knowledgeable of a child may discipline the child.
(b) Each disciplinary measure must:
(1) Be consistent with your policies and
					 procedures;
(2) Not be physically
					 or emotionally damaging to the child;
(3) Be individualized to meet each child's
					 needs;
(4) Be appropriate to the
					 child's level of understanding, age, and developmental level; and
(5) Be appropriate to the incident and
					 severity of the behavior demonstrated.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1953 - May I use corporal punishment for children in care?

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.
(b) Corporal punishment is the infliction of
					 physical pain on any part of a child's body as means of controlling or managing
					 the child's behavior. It includes:
(1)
					 Hitting or spanking a child with a hand or instrument; or
(2) Forcing or requiring the child to do any
					 of the following as a method of managing or controlling behavior:
(A) Perform any form of physical exercise,
					 such as running laps or doing sit ups or push ups;
(B) Hold a physical position, such as
					 kneeling or squatting; or
(C) Do
					 any form of "unproductive work."
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1955 - What is "unproductive work"?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 "Unproductive work" is work that serves no purpose except to demean the child.
					 Examples include moving rocks or logs from one pile to another or digging a
					 hole and then filling it in. Unproductive work is never an appropriate behavior
					 management tool.
(b) "Unproductive
					 work" does not include work that corrects damage that the child's behavior
					 caused. For example, you may require a child who defaces a fence or wall to
					 repaint it. This example includes a logical consequence and an acceptable
					 behavior management tool.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1957 - What other methods of punishment are prohibited?

Current through Reg. 49, No. 28; July 12, 2024
In addition to corporal punishment, prohibited discipline
						techniques include, but are not limited to:
(1) Any harsh, cruel, unusual, unnecessary,
					 demeaning, or humiliating discipline or punishment;
(2) Denial of mail or visits with their
					 families as discipline or punishment;
(3) Threatening with the loss of placement as
					 discipline or punishment;
(4) Using
					 sarcastic or cruel humor;
(5)
					 Maintaining an uncomfortable physical position, such as kneeling, or holding
					 his arms out;
(6) Pinching, pulling
					 hair, biting, or shaking a child;
(7) Putting anything in or on a child's
					 mouth;
(8) Humiliating, shaming,
					 ridiculing, rejecting, or yelling at a child;
(9) Subjecting a child to abusive or profane
					 language;
(10) Placing a child in a
					 dark room, bathroom, or closet;
(11) Requiring a child to remain silent or
					 inactive for inappropriately long periods of time for the child's
					 age;
(12) Confining a child to a
					 highchair, box, or other similar furniture or equipment as discipline or
					 punishment;
(13) Denying basic
					 child rights as a form of discipline or punishment;
(14) Withholding food that meets the child's
					 nutritional requirements; and
(15)
					 Using or threatening to use emergency behavior intervention as discipline or
					 punishment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1959 - To what extent may a caregiver restrict a child's activities as a behavior management tool?

Current through Reg. 49, No. 28; July 12, 2024
(a) Within limits, a
					 foster parent may restrict a child's activities as a behavior management
					 tool.
(b) Restrictions of
					 activities, that will be imposed on a child for more than 14 days, must be
					 reviewed with and approved by the child placement management staff or treatment
					 director prior to or within 24 hours of imposing the restriction.
(c) Restrictions to a particular room or
					 building that will be imposed on a child for more than 24 hours must have
					 approval from the service planning team, a professional service provider, or
					 treatment director prior to or within 24 hours of imposing the
					 restriction.
(d) You must inform
					 the child and parent about any such restrictions you place on the
					 child.
(e) Documentation of all
					 approvals, justification for the restriction, and informing the child and
					 parents must be in the child's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter K - FOSTER CARE SERVICES: DAILY CARE, PROBLEM MANAGEMENT › Division 6 - DISCIPLINE AND PUNISHMENT › Section 749.1961 - May a person in care discipline or punish another person in care?

Current through Reg. 49, No. 28; July 12, 2024
No. A person in care must not discipline or punish
						another person in care except when babysitting under § 749.2599 of Title
						40 (relating to Can a child serve as a babysitter?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 1 - DEFINITIONS › Section 749.2001 - What do certain terms mean in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These terms have the following meaning in this
						subchapter:
(1) Transitional hold--The
					 use of a temporary restraint technique that lasts no longer than one minute as
					 part of the continuation of a longer personal restraint.
(2) Triggered review--A review of a specific
					 child's placement, treatment plan, and orders or recommendations for
					 intervention, because a certain number of interventions have been made within a
					 specified period of time.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2051 - What types of emergency behavior intervention may I administer?

Current through Reg. 49, No. 28; July 12, 2024
(a) If permitted in your policies and you
					 meet the requirements of this subchapter, a caregiver may administer the
					 following types of emergency behavior intervention to a child in your care:
(1) Short personal restraint;
(2) Personal restraint; and
(3) Emergency medication.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2053 - Who may administer emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
Only a caregiver qualified in emergency behavior
						intervention may administer any form of emergency behavior intervention, except
						for the short personal restraint of a child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2055 - What actions must a caregiver take before using a permitted type of emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
(a) Before
					 using a permitted type of emergency behavior intervention, the caregiver must:
(1) Attempt less restrictive behavior
					 interventions that prove to be ineffective at defusing the situation;
					 and
(2) Determine that the basis
					 for the emergency behavior intervention is:
(A) An emergency situation; or
(B) A need for a personal restraint to
					 administer intra-muscular medication or other medical treatments prescribed by
					 a licensed physician, such as administering insulin to a child with
					 diabetes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2059 - What is the appropriate use for a short personal restraint?

Current through Reg. 49, No. 28; July 12, 2024
Generally, a short personal restraint is used in urgent
						situations, such as:
(1) To protect
					 the child from external danger that causes imminent significant risk to the
					 child, such as preventing the child from running into the street or coming into
					 contact with a hot stove. The restraint must end immediately after the danger
					 is averted;
(2) To intervene when a
					 child under the age of five (chronological or developmental age) demonstrates
					 disruptive behavior, if other efforts to de-escalate the child's behavior have
					 failed;
(3) When a child over five
					 years old demonstrates behavior disruptive to the environment or milieu, such
					 as disrobing in public, provoking others that creates a safety risk, or to
					 intervene to prevent a child from physically fighting; or
(4) When a child is significantly damaging
					 property, such as breaking car windows or putting holes into walls.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2061 - What precautions must a caregiver take when implementing a short personal restraint?

Current through Reg. 49, No. 28; July 12, 2024
(a) When a
					 caregiver implements a short personal restraint, the caregiver must:
(1) Minimize the risk of physical discomfort,
					 harm, or pain to the child; and
(2)
					 Use the minimal amount of reasonable and necessary physical force.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 2 - TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED › Section 749.2063 - Are there any purposes for which emergency behavior intervention cannot be used?

Current through Reg. 49, No. 28; July 12, 2024
Emergency behavior intervention may never be used
						as:
(1) Punishment;
(2) Retribution or retaliation;
(3) A means to get a child to
					 comply;
(4) A convenience for
					 caregivers or other persons; or
(5)
					 A substitute for effective treatment or habilitation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 3 - ORDERS › Section 749.2101 - Are written orders required to administer emergency behavior intervention, and if so, who can write them?

Current through Reg. 49, No. 28; July 12, 2024
According to the following chart, written orders by
						certain professionals are required to administer certain emergency behavior
						intervention:
Attached
						Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 3 - ORDERS › Section 749.2103 - Must the written order be in a child's record before a caregiver can use an emergency behavior intervention on a child?

Current through Reg. 49, No. 28; July 12, 2024
Yes, any type of written order that is required must be
						in the child's record before a caregiver can use emergency behavior
						intervention on that child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 3 - ORDERS › Section 749.2105 - What information must a written order include?

Current through Reg. 49, No. 28; July 12, 2024
(a) All written orders must include the
					 following:
(1) A statement that the
					 particular type of emergency behavior intervention may only be used in an
					 emergency situation;
(2)
					 Designation of the specific intervention and procedure or technique that is
					 authorized;
(3) Any specific
					 measures for ensuring the child's health, safety, and well being, and the
					 privacy of the setting that safeguards the child's personal dignity;
(4) A complete description of the behaviors
					 and circumstances under which the intervention may be used;
(5) Instructions for observation or
					 heightened observation of the child during the intervention;
(6) The behaviors that indicate the child is
					 ready to be released from the intervention;
(7) The maximum length of time the child may
					 be restrained regardless of behaviors exhibited;
(8) The prescribing professional's
					 consideration of any potential medical and/or psychiatric contraindications for
					 the specific child, such as a history of physical or sexual abuse or
					 victimization involving the type of intervention; and
(9) Clinical justification for the
					 intervention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 3 - ORDERS › Section 749.2107 - Under what conditions are PRN orders permitted for a specific child?

Current through Reg. 49, No. 28; July 12, 2024
(a) PRN orders for certain emergency behavior
					 interventions are permitted under the following conditions:
Attached Graphic
(b) If you obtain a PRN order, you
					 must provide the parent with a copy of the PRN order within 72 hours.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 4 - RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2151 - What responsibilities does a caregiver have when implementing a type of emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The use of emergency behavior intervention must be an appropriate response to
					 the behavior demonstrated, and de-escalation must have failed.
(b) The caregiver must act to protect the
					 child's safety and consider the:
(1)
					 Characteristics of the immediate physical environment;
(2) Permitted types of emergency behavior
					 intervention; and
(3) Potential
					 risk of harm in using emergency behavior intervention versus the risk of not
					 using emergency behavior intervention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 4 - RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION › Section 749.2153 - When must a caregiver release a child from an emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
A child must be released as follows:
Attached
						Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION › Division 5 - ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A PERSONAL RESTRAINT › Section 749.2201 - Who must monitor a personal restraint?

Current through Reg. 49, No. 28; July 12, 2024
During any personal restraint, a caregiver qualified in
						emergency behavior intervention must:
(1) Monitor the:
(A) Personal restraint to make sure it is
					 being performed appropriately; and
(B) Child's breathing and other signs of
					 physical distress; and