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 D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 748.345 - What additional policies and procedures must I have for electronic records?

Current through Reg. 49, No. 28; July 12, 2024
If you keep electronic records, you must develop policies
						and procedures in addition to the requirements in § 748.343 of Title 40
						(relating to What policies and procedures must I have for protecting records?).
						These policies and procedures must address:
(1) What records must be in the external
					 paper file and what records can be stored in the electronic file;
(2) Computer security systems, including
					 confidentiality, passwords, and employee procedures to ensure the security of
					 the system;
(3) Requirements for
					 routine back-up of data;
(4)
					 Anti-virus protection systems; and
(5) Limit access to your electronic files to
					 persons within your operation authorized to see specific information in an
					 electronic file.
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 D - REPORTS AND RECORD KEEPING › Division 2 - OPERATION RECORDS › Section 748.347 - Are electronic signatures allowed?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you may use electronic and digital signatures,
						including approvals by e-mail and electronic approvals.
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 D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 748.361 - Where must I maintain personnel records?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain all active personnel
					 records at the operation.
(b) You
					 must maintain archived personnel records at the operation and/or in a
					 designated location, as long as they are available for our review within 48
					 hours.
(c) You may archive entire
					 closed personnel records electronically.
(d) Your system for maintaining all personnel
					 records must be uniform throughout the operation.
(e) You must maintain in the main office of
					 the operation a master list of active and archived personnel records with a
					 notation of the location of those records.
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 D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 748.363 - What information must the personnel record of an employee include?

Current through Reg. 49, No. 28; July 12, 2024
For each employee, the personnel record must
						include:
(1) Documentation showing the
					 date of employment;
(2)
					 Documentation showing how the person meets the minimum age and qualifications
					 for the position;
(3) Documentation
					 that your operation has:
(A) Verified
					 employment history as required by §
												748.751 of this chapter (relating
					 to What are the requirements for obtaining and verifying an applicant's
					 employment history?); and
(B)
					 Conducted reference checks as required by §
												748.753 of this chapter (relating
					 to What are the requirements for completing an applicant's reference
					 checks?);
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 D - REPORTS AND RECORD KEEPING › Division 3 - PERSONNEL RECORDS › Section 748.365 - What information regarding personnel must be kept confidential?

Current through Reg. 49, No. 28; July 12, 2024
All background check results must be kept confidential,
						in accordance with HRC § 40.005, subsections (d) and (e). Background check
						results must be protected from unauthorized access or
						release.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.391 - What is an active child record?

Current through Reg. 49, No. 28; July 12, 2024
An active child record consists of the child's record for
						the most recent 12 months of service.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.393 - How must I maintain an active child record?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must keep active child records at the
					 operation where the child is receiving services. This may include electronic
					 records.
(b) On an on-going basis,
					 you must ensure that each child's record:
(1)
					 Includes the child's full name and another method of identifying the child,
					 such as a client number;
(2)
					 Includes documentation of known allergies and chronic health conditions on the
					 exterior of the child's record or in another place where the information is
					 clearly visible to persons with access to the record, including a notation of
					 "no known allergies" when applicable;
(3) Is kept accurate and current;
(4) Is locked and kept in a safe location;
					 and
(5) Is kept confidential as
					 required by law.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.395 - How current must a child's record be?

Current through Reg. 49, No. 28; July 12, 2024
All documentation must be in the record:
(1) No later than 30 days after the
					 occurrence or event; or
(2) As
					 otherwise specified in this chapter.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.397 - Who must consent to the release of a child's record?

Current through Reg. 49, No. 28; July 12, 2024
Unless you are releasing the record to the parents, to
						us, or as required by law, you may not release any portion of a child's record
						to any agency, organization, or individual without the written consent of the
						person legally authorized to consent to the release.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.399 - Must I make records available for Licensing to review?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must make all active records
					 available for our immediate review and reproduction.
(b) We must have reasonable access to your
					 storage and file areas in order to monitor your record keeping.
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 D - REPORTS AND RECORD KEEPING › Division 4 - CHILD RECORDS › Section 748.401 - How must I maintain a child's record that is not active?

Current through Reg. 49, No. 28; July 12, 2024
These records must be available for our review within 48
						hours. Otherwise, the records may be archived electronically or kept anywhere
						and in any manner, as long as they are safe from damage or
						destruction.
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 D - REPORTS AND RECORD KEEPING › Division 5 - RECORD RETENTION › Section 748.431 - How long must I maintain personnel records?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain annual training records
					 for current personnel for the last full training year and current training
					 year.
(b) With the exception of
					 subsection (a) of this section, you must maintain personnel records for a year
					 after an employee's last day of employment or until any investigation involving
					 the employee is resolved, whichever is longer.
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 D - REPORTS AND RECORD KEEPING › Division 5 - RECORD RETENTION › Section 748.433 - How long must I maintain child records?

Current through Reg. 49, No. 28; July 12, 2024
You must maintain a child's complete record from
						admittance to discharge for two years from the date of discharge, or until the
						resolution of any investigation involving the child, whichever is
						longer.
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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.451 - What additional requirements are there for unauthorized absences of children from my operation?

Current through Reg. 49, No. 28; July 12, 2024
(a) For each
					 unauthorized absence of a child, you must:
(1) Document the unauthorized absence in an
					 annual summary log, as required by § 748.453 of this division (relating to
					 What documentation must be included in an annual summary log for a child who
					 has an unauthorized absence?); and
(2) Debrief the child, as required by §
					 748.455 of this division (relating to What are the requirements for debriefing
					 a child after an unauthorized absence?).
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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.453 - What documentation must be included in an annual summary log for a child who has an unauthorized absence?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 For each unauthorized absence during the relevant year, you must document the
					 following information in an annual summary log:
(1) The name, age, gender, and date of
					 admission of the child who was absent;
(2) The time and date the unauthorized
					 absence was discovered;
(3) How
					 long the child was gone or if the child did not return;
(4) The name of the caregiver responsible for
					 the child at the time the child's absence was discovered;
(5) The intake report number, if a report was
					 made to Licensing or the Department of Family and Protective Services;
					 and
(6) Whether law enforcement was
					 contacted, including the name of any law enforcement agency that was contacted
					 and the number of the police report, 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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.455 - What are the requirements for debriefing a child after an unauthorized absence?

Current through Reg. 49, No. 28; July 12, 2024
(a) After a child
					 returns to an operation from an unauthorized absence, the caregiver, or other
					 appropriate person, must conduct a debriefing with the child as soon as
					 possible, but no later than 24 hours after the child's return. The purpose of
					 the debriefing is for the child and the caregiver, or other appropriate person,
					 to discuss the following:
(1) The
					 circumstances that led to the child's unauthorized absence;
(2) The trauma informed strategies the child
					 can use to avoid future unauthorized absences and how the operation can support
					 those strategies;
(3) The child's
					 condition; and
(4) What occurred
					 while the child was away from the operation, including where the child went,
					 who was with the child, the child's activities, and any other information that
					 may be relevant to the child's health and safety.
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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.457 - When must a triggered review of a child's unauthorized absences occur?

Current through Reg. 49, No. 28; July 12, 2024
(a) A triggered review of a child's
					 unauthorized absences must occur as soon as possible, but no later than 30 days
					 after the child's third unauthorized absence within a 60-day
					 timeframe.
(b) A regularly
					 scheduled review of the child's service plan can serve as the triggered review
					 of a child's unauthorized absences, if the regularly scheduled review:
(1) Meets the requirements in § 748.461
					 of this division (relating to What must the triggered review of a child's
					 unauthorized absences include?); and
(2) Takes place no later than 30 days after
					 the child's third unauthorized absence within a 60-day timeframe.
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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.459 - Who must participate in a triggered review of a child's unauthorized absences?

Current through Reg. 49, No. 28; July 12, 2024
(a) The triggered
					 review of a child's unauthorized absences must include the following
					 participants:
(1) The child;
(2) An individual designated to make
					 decisions regarding the child's participation in childhood activities, as
					 described in §
												748.707
					 of this chapter (relating to Who makes the decision regarding a foster child's
					 participation in childhood activities?); and
(3) The child's case manager.
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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.461 - What must a triggered review of a child's unauthorized absences include?

Current through Reg. 49, No. 28; July 12, 2024
A triggered review of a child's unauthorized absences
						must include the following:
(1) A
					 review of the child's records documenting previous unauthorized absences,
					 including previous debriefings;
(2)
					 A review of service plan elements identified in § 748.1337(b)(1)(D) and
					 (H) and, as applicable, §
											748.1337(b)(2)
					 and (3) of this chapter (relating to What
					 must a child's initial service plan include?);
(3) An examination of trauma informed
					 alternatives to minimize the unauthorized absences of the child; and
(4) A written plan to reduce the unauthorized
					 absences of the child, which you must document 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 D - REPORTS AND RECORD KEEPING › Division 6 - UNAUTHORIZED BSENCES › Section 748.463 - What is an overall operation evaluation for unauthorized absences?

Current through Reg. 49, No. 28; July 12, 2024
(a) Every six months, you must conduct an
					 overall operation evaluation for unauthorized absences that have occurred at
					 your operation during that time period.
(b) The objectives of the evaluation are to:
(1) Develop and maintain a trauma informed
					 environment that supports positive and constructive behaviors by children in
					 care; and
(2) Ensure the overall
					 safety and well-being of children 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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.503 - Does education received outside of the United States count toward educational qualifications?

Current through Reg. 49, No. 28; July 12, 2024
Yes, however you must provide supporting information
						indicating that the education is equivalent to the minimum educational
						qualifications for the position for which the person is applying. Documents
						written in a foreign language must be translated into
						English.
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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.505 - What minimum qualifications must all employees meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee's
					 behavior or health status must not present a danger to children in
					 care.
(b) Each employee must:
(1) Meet the requirements in Subchapter F of
					 Chapter 745 of this title (relating to Background Checks);
(2) Have a record of a tuberculosis screening
					 showing the employee is free of contagious TB as provided in §
												748.1583 of this chapter (relating
					 to Who must have a tuberculosis (TB) examination);
(3) Be physically, mentally, and emotionally
					 capable of performing assigned tasks and have the skills necessary to perform
					 assigned tasks;
(4) Complete a
					 notarized
Licensing Affidavit for Applicants for Employment
form, as specified in Human Resources Code §
												42.059;
					 and
(5) Have cleared a
					 pre-employment screening assessment in which you determined the employee's
					 suitability for the employee's position. The screening must have included:
(A) Verification of employment history as
					 required by §
													748.751 of this subchapter
					 (relating to What are the requirements for obtaining and verifying an
					 applicant's employment history?); and
(B) Reference checks, as required by §
													748.753 of this subchapter
					 (relating to What are the requirements for completing an applicant's reference
					 checks?).
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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.505 - What minimum qualifications must all employees meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee's behavior or health status
					 must not present a danger to children in care.
(b) Each employee must:
(1) Meet the requirements in Chapter 745,
					 Subchapter F of this title (relating to Background Checks);
(2) Have a record of a tuberculosis screening
					 showing the employee is free of contagious TB as provided in §
												748.1583 of this chapter (relating
					 to Who must have a tuberculosis (TB) examination);
(3) Be physically, mentally, and emotionally
					 capable of performing assigned tasks and have the skills necessary to perform
					 assigned tasks;
(4) Complete a
					 notarized
Affidavit for Applicants for Employment with a Licensed
					 Operation or Registered Child-Care Home (Form 2985) before you hire the
					 employee
, as specified in Texas Human Resources Code §
												42.059;
(5) Complete a
Pre-Employment
					 Affidavit for Applicants for Employment at Certain Child Care
					 Operations
(Form 2912) before you hire the employee, as specified in
					 Texas Human Resources Code §
												42.0563;
					 and
(6) Have cleared a
					 pre-employment screening assessment in which you determined the employee's
					 suitability for the employee's position. The screening must have included:
(A) Verification of employment history as
					 required by §
													748.751 of this subchapter
					 (relating to What are the requirements for obtaining and verifying an
					 applicant's employment history?); and
(B) Reference checks, as required by §
													748.753 of this subchapter
					 (relating to What are the requirements for completing an applicant's reference
					 checks?).
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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.507 - What general responsibilities do all employees have?

Current through Reg. 49, No. 28; July 12, 2024
Regardless of whether the employee is counted in the
						child/caregiver ratio, each employee must:
(1) In the absence of a more specific rule
					 requirement, demonstrate competency, prudent judgment, and self-control in the
					 presence of children and when performing assigned responsibilities;
(2) Report suspected abuse, neglect, and
					 exploitation to the Child Abuse Hotline and to the designated employee or
					 administrator; and
(3) Know and
					 comply with rules of this chapter, Chapter 42 of the Human Resources Code,
					 Chapter 745 of Title 40 (relating to Licensing), and any other laws which are
					 relevant to the person's duties.
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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.509 - What are the requirements for tuberculosis screening?

Current through Reg. 49, No. 28; July 12, 2024
Before having contact with children in care, all
						caregivers, employees, volunteers, and contract service providers must be
						screened for tuberculosis as provided in § 748.1583 of Title 40 (relating
						to Who must have a tuberculosis (TB) examination?).
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 E - PERSONNEL › Division 1 - GENERAL REQUIREMENTS › Section 748.511 - Is an employee, contract service provider, or volunteer allowed to be in possession of a handgun?

Current through Reg. 49, No. 28; July 12, 2024
An employee, contract service provider, or volunteer may
						not be in possession of a handgun while at your operation or while caring for
						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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.531 - What qualifications must a child-care administrator meet?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child-care administrator must:
(1) Meet the qualifications established by
					 the operation's governing body;
(2)
					 Be a Licensed Child-Care Administrator according to Chapter 43 of the Human
					 Resources Code and Chapter 745, Subchapter N of Title 40 (relating to
					 Administrators Licensing); and
(3)
					 Be a full-time employee of the operation.
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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.532 - When can a child-care administrator with a provisional license serve as the administrator for a general residential operation?

Current through Reg. 49, No. 28; July 12, 2024
A child-care administrator with a provisional license may
						serve as the child-care administrator at a general residential operation if, at
						the time the administrator is hired, the operation is not:
(1) On a voluntary plan of action;
(2) On corrective action;
(3) Subject to an adverse action;
					 or
(4) Pending due process for a
					 corrective or an adverse action.
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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.533 - Can a child-care administrator be an administrator for two residential child-care operations?

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided
					 in subsections (b) and (c) of this section, a child-care administrator can be
					 an administrator for two residential child-care operations, including a
					 child-placing agency, if:
(1) Both operations
					 are in good standing with Licensing;
(2) The size and scope of the operations are
					 manageable by one person, which is clarified in the written professional
					 staffing plans;
(3) The
					 child-placing agency, if applicable, is not managing more than 25 foster
					 homes;
(4) The person also holds a
					 valid full Child-Placing Agency Administrator License, if the second operation
					 is a child-placing agency; and
(5)
					 The general residential operations are contiguous. A child-placing agency does
					 not have to be contiguous.
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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.535 - What responsibilities must the child-care administrator have?

Current through Reg. 49, No. 28; July 12, 2024
The child-care administrator must:
(1) Have daily supervision and on-site
					 administrative responsibility for the overall operation;
(2) Ensure that the operation complies with
					 current heightened monitoring plans, if applicable; and
(3) Be responsible for or assign
					 responsibility for:
(A) Overseeing staffing
					 patterns to ensure the supervision and the provision of child-care services
					 that meet the needs of children in care;
(B) Ensuring the provision of planned but
					 flexible program activities designed to meet the developmental needs of
					 children;
(C) Having a system in
					 place to ensure an employee is available to handle emergencies;
(D) Assigning tasks to caregivers that do not
					 conflict or interfere with caregiver responsibilities;
(E) Administering and managing the operation
					 according to your policies;
(F)
					 Ensuring that the operation complies with applicable rules of this chapter,
					 Chapter 42 of the Human Resources Code, Chapter 745 of this title (relating to
					 Licensing), and other applicable laws;
(G) Ensuring a child in care is not assigned,
					 utilized, or allowed to act as a caregiver; and
(H) Ensuring persons whose behavior or health
					 status is known to present a danger to children are not allowed at the
					 operation.
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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.537 - What must the system for ensuring that an employee is available to handle emergencies include?

Current through Reg. 49, No. 28; July 12, 2024
(a) A person
					 designated to handle emergencies must be on call and accessible to your
					 caregivers.
(b) You must inform all
					 caregivers and us of the system and how to contact the person on call in case
					 of an emergency.
(c) The employee
					 is not required to be a Licensed Child-Care Administrator.
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 E - PERSONNEL › Division 2 - CHILD-CARE ADMINISTRATOR › Section 748.539 - Who must have overall administrative responsibility when the child-care administrator is absent on a frequent and/or extended basis?

Current through Reg. 49, No. 28; July 12, 2024
When the child-care administrator is absent on a frequent
						and/or extended basis, the administrator must designate an employee that has a
						Child-Care Administrator's License to be responsible for the overall
						administration of the operation while the administrator is
						absent.
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.561 - What professional level service activities must a professional level service provider perform at my operation?

Current through Reg. 49, No. 28; July 12, 2024
A professional level service provider must perform the
						following functions:
(1) Completing an
					 admission assessment or any other evaluation of a child for
					 placement;
(2) Developing,
					 reviewing, and updating of service plans for a child in care;
(3) Completing a discharge or transfer
					 summary for a child;
(4) Approving
					 any restrictions that will be imposed on a child for more than seven days that
					 have not been reviewed and approved by the treatment director or service
					 planning team, and any monthly re-evaluations of restrictions that continue for
					 more than 30 days;
(5) Approving
					 any restrictions to communication and visitation with the child's family that
					 are imposed on a child, but have not been reviewed and approved by the
					 treatment director or service planning team, including monthly re-evaluations
					 of restrictions that continue for more than 30 days; and
(6) Approving any restrictions to a
					 particular room or building for more than 24 hours that are imposed on a child,
					 but have not been reviewed and approved by the treatment director or service
					 planning team.
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.563 - What professional qualifications must a professional level service provider have in order to perform professional level service activities?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you provide treatment services to 25
					 or more children with emotional disorders, or if more than 30% of the children
					 in your care receive treatment services for emotional disorders, a professional
					 level service provider must have the following qualifications:
Attached
						Graphic
(b) If
					 you provide treatment services to 25 or more children with primary medical
					 needs, or if more than 30% of the children in your care receive treatment
					 services for primary medical needs, a professional level service provider must
					 have the following qualifications:
Attached
						Graphic
(c) To
					 provide services for any other children, a professional level service provider
					 must have the following qualifications:
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.565 - How must a professional level service provider document approval of professional level service functions?

Current through Reg. 49, No. 28; July 12, 2024
A professional level service provider must sign and date
						the following documents to indicate review and approval or disapproval:
(1) Admission assessments or any other
					 evaluation of a child for placement;
(2) Initial service plans, updates, and
					 reviews;
(3) Discharge or transfer
					 summaries;
(4) Any restrictions
					 that will be imposed on a child for more than seven days that have not been
					 reviewed and approved by the treatment director or service planning
					 team;
(5) Any restrictions to
					 communication and visitation with the child's family that are imposed on a
					 child, but have not been reviewed and approved by the treatment director or
					 service planning team; and
(6) Any
					 restrictions to a particular room or building for more than 24 hours that are
					 imposed on a child, but have not been reviewed and approved by the treatment
					 director or service planning team.
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.567 - What are the requirements for the caseloads of a professional level service provider?

Current through Reg. 49, No. 28; July 12, 2024
There is not a maximum caseload for a professional level
						service provider; however, you must ensure manageable caseloads that allow
						professional level service providers to meet the needs of children on their
						caseload.
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.569 - Must I have health-care professionals on staff or on contract if I provide services to children with primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
If you provide treatment services to 25 or more children
						with primary medical needs or if more than 30% of the children in your care
						receive treatment services for primary medical needs:
(1) You must have a licensed registered nurse
					 on staff or on contract to respond to emergencies, questions, or other medical
					 issues. A registered nurse must work full-time at the operation. A registered
					 nurse in this position may be relieved on days off by a licensed registered
					 nurse or by a licensed vocational nurse with appropriate supervision as defined
					 in Tex. Occ. Code § 301.353.
(2) You must arrange for:
(A) 24-hour availability of nursing, medical,
					 and psychiatric services;
(B)
					 Licensed nursing services, including 24-hour nursing direction or
					 supervision;
(C) Assistance with
					 mobility;
(D) Routine adjustments
					 or replacement of medical equipment; and
(E) As needed, caregiver supervision of
					 children during the provision of medical and dental 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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.571 - What are the responsibilities of a registered nurse at an operation that provides services to a child with primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
The responsibilities of a registered nurse
						include:
(1) Performing a nursing
					 assessment of the child to include documentation of the child's diagnosed
					 medical needs and selection of placement;
(2) Leading or participating in the service
					 planning process for the child's care;
(3) Directing the health care training of
					 unlicensed caregivers, such as care of a permanently placed feeding
					 tube;
(4) Ensuring non-mobile
					 children are turned every two hours to increase circulation and to prevent
					 bedsores or contractures, unless medical orders are to the contrary. This
					 procedure must be documented in the child's record;
(5) Reviewing medical records;
(6) Contacting other professionals, as
					 needed, for the child's care;
(7)
					 On-site visits for nursing assessments and child record reviews, including
					 compliance with written physician orders;
(8) Monitoring the implementation of the
					 child's service plan; and
(9)
					 Documenting outcomes for interventions used in the child's 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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.573 - What are the requirements for other nursing personnel for an operation that provides treatment services to 25 or more children with primary medical needs, or for an operation in which more than 30% of the children in care receive treatment services for primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
Your nursing personnel must:
(1) Be awake and available at the operation
					 on a 24-hour basis;
(2) Be under
					 the direction of a registered nurse who is licensed to practice in Texas;
					 and
(3) Include a licensed
					 vocational nurse or registered nurse.
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 E - PERSONNEL › Division 3 - PROFESSIONAL LEVEL SERVICE PROVIDERS › Section 748.575 - In what circumstances may a physician or registered nurse (including an advanced practice registered nurse) delegate nursing tasks to unlicensed caregivers?

Current through Reg. 49, No. 28; July 12, 2024
The physician or registered nurse may delegate nursing
						tasks to unlicensed caregivers only if all delegation criteria are met for the
						task to be delegated, including, but not limited to:
(1) The nursing task is one that a reasonable
					 and prudent physician or registered nurse would find is within the scope of
					 sound nursing judgment to delegate;
(2) The physician or registered nurse
					 determines that the nursing task can be properly and safely performed by the
					 unlicensed caregiver without jeopardizing the child's welfare;
(3) The operation employing or contracting
					 with the unlicensed caregivers develops and follows a protocol, with input from
					 a physician or registered nurse, for the instruction and training of unlicensed
					 caregivers performing nursing tasks. The protocol must address:
(A) An established mechanism for identifying
					 those individuals to whom nursing tasks may be designated;
(B) The manner in which the instruction
					 addresses the complexity of the delegated task;
(C) The manner in which the unlicensed
					 caregivers demonstrate the competency of the delegated task; and
(D) The mechanism for re-evaluation of the
					 competency;
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 E - PERSONNEL › Division 4 - TREATMENT DIRECTOR › Section 748.601 - Must I have a treatment director?

Current through Reg. 49, No. 28; July 12, 2024
You must have a treatment director if you provide
						treatment services to 25 or more children, or to more than 30% of the children
						in your care. Your treatment director must be a full-time employee of your
						operation.
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 E - PERSONNEL › Division 4 - TREATMENT DIRECTOR › Section 748.603 - What are the responsibilities of a treatment director?

Current through Reg. 49, No. 28; July 12, 2024
(a) The treatment director:
(1) Is responsible for the overall treatment
					 program, including clinical responsibility for the management of your
					 operation's therapeutic interventions; and
(2) Provides direction and overall management
					 of your treatment 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 E - PERSONNEL › Division 4 - TREATMENT DIRECTOR › Section 748.605 - What qualifications must a treatment director have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A treatment director that provides or
					 oversees treatment services for children with intellectual disabilities or
					 children with autism spectrum disorder must be:
(1) Licensed as a psychiatrist, psychologist,
					 professional counselor, clinical social worker, marriage and family therapist,
					 or registered nurse; or
(2)
					 Certified by the Texas Education Agency as an education diagnostician, have a
					 master's degree in special education or a human services field, and have three
					 years of experience working with children with intellectual disabilities or
					 autism spectrum disorder.
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 E - PERSONNEL › Division 4 - TREATMENT DIRECTOR › Section 748.607 - If I provide more than one type of treatment service, can I have one treatment director?

Current through Reg. 49, No. 28; July 12, 2024
Yes, you can have one treatment director if he meets the
						required qualifications for the most prevalent treatment services your
						operation offers.
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 E - PERSONNEL › Division 5 - CAREGIVERS › Section 748.681 - What minimum qualifications must a caregiver meet?

Current through Reg. 49, No. 28; July 12, 2024
Each employee must meet the following qualifications
						before you can count the employee in the child/caregiver ratio:
(1) Be at least:
(A) 18 years old if all the children in the
					 group the caregiver serves are under 13 years old; or
(B) 21 years old if at least one child in the
					 group the caregiver serves is 13 years old or older;
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 E - PERSONNEL › Division 5 - CAREGIVERS › Section 748.683 - What are the general requirements for supervising caregivers?

Current through Reg. 49, No. 28; July 12, 2024
You must provide oversight of caregivers, including
						volunteers to:
(1) Protect children's
					 health, safety, and well-being; and
(2) Ensure that assigned duties are performed
					 adequately.
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 E - PERSONNEL › Division 5 - CAREGIVERS › Section 748.685 - What responsibilities does a caregiver have when supervising a child or children?

Current through Reg. 49, No. 28; July 12, 2024
(a) The caregiver
					 is responsible for:
(1) Knowing which children
					 they are responsible for;
(2) Child
					 care services for each assigned child;
(3) Being aware of and accountable for each
					 child's on-going activity;
(4)
					 Providing the level of supervision necessary to ensure each child's safety and
					 well being, including auditory and/or visual awareness of each child's on-going
					 activity as appropriate; and
(5)
					 Being able to intervene when necessary to ensure each child's safety.
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 E - PERSONNEL › Division 6 - NORMALCY › Section 748.701 - What is "normalcy"?

Current through Reg. 49, No. 28; July 12, 2024
Normalcy is the ability of a child in care to live as
						normal a life as possible, including engaging in childhood activities that are
						suitable for children of the same age, level of maturity, and developmental
						level as determined by a reasonable and prudent parent
						standard.
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 E - PERSONNEL › Division 6 - NORMALCY › Section 748.703 - Are children in care required to participate in childhood activities?

Current through Reg. 49, No. 28; July 12, 2024
(a) Children in care must participate in
					 childhood activities, including unsupervised childhood activities, as much as
					 possible.
(b) Service planning
					 meetings, and any decision making regarding the child's need for supervision,
					 must include discussions on how normalcy for the child can be achieved, and
					 discussions, if applicable, regarding a child's refusal to participate in
					 childhood activities. The child's service plan must specify whether there are
					 any restrictions on the child's participation in these activities and whether
					 the activities may extend into sleeping hours.
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 E - PERSONNEL › Division 6 - NORMALCY › Section 748.705 - What is the "reasonable and prudent parent standard"?

Current through Reg. 49, No. 28; July 12, 2024
(a) The reasonable and prudent parent
					 standard is the standard of care that a parent of reasonable judgment, skill,
					 and caution would use to maintain the health, safety, and best interest of the
					 child and encourage the emotional and social growth and development of the
					 child.
(b) When using the
					 reasonable and prudent parent standard, a person must take into consideration
					 the following when deciding whether a child may participate in childhood
					 activities:
(1) The child's age and level of
					 maturity;
(2) The child's
					 cognitive, social, emotional, and physical development level;
(3) The child's behavioral history and
					 ability to safely participate in a proposed activity;
(4) The child's overall abilities;
(5) Whether the activity is a normal
					 childhood activity for a child of that age and level of maturity;
(6) The child's desires;
(7) The surrounding circumstances, hazards,
					 and risks of the activity;
(8)
					 Outside supervision of the activity, if available and appropriate;
(9) The supervision instructions in the
					 child's service plan; and
(10) The
					 importance of providing the child with the most normal family-like living
					 experience possible.