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 B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.67 - What are the requirements for a transitional living program?

Current through Reg. 49, No. 28; July 12, 2024
A transitional living program must have a training
						program for children that develops competency in the following areas:
(1) Health, general safety, and fire safety
					 practices;
(2) Money
					 management;
(3) Transportation
					 skills;
(4) Accessing community and
					 other resources; and
(5) Child
					 health and safety, child development, and parenting skills, if the child is a
					 parent of a child living with him.
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 B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.69 - What is an "independent living program"?

Current through Reg. 49, No. 28; July 12, 2024
An "independent living program" is a program that
						provides case management services to a child who lives independently, without
						supervision and child/caregiver ratio, and the constant presence of an on-site
						caregiver.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.71 - May I have an independent living program?

Current through Reg. 49, No. 28; July 12, 2024
Your operation may not provide an independent living
						program for a child in care under 18 years old.
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 B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.73 - What are respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
Respite child-care services are planned alternative
						24-hour care that an operation provides for a child as part of the regulated
						child 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 B - DEFINITIONS AND SERVICES › Division 2 - SERVICES › Section 748.75 - May I use or provide respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
Only general residential operations that offer emergency
						care services may provide respite child-care services. Other operations may not
						provide respite child-care services, and no operation may use respite
						child-care services. The purpose of respite child-care services is to provide
						relief to a child's biological or foster parent, not an employee. Respite for
						an employee is provided through time off, vacations, holidays, and sick
						leave.
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 B - DEFINITIONS AND SERVICES › Division 3 - CARE OF UNLAWFULLY PRESENT INDIVIDUALS › Section 748.81 - What do certain terms mean in this division?

Current through Reg. 49, No. 28; July 12, 2024
The terms used in this division have the following
						meanings:
(1) Exempt program--A
					 child-care program that is exempt from or otherwise not subject to regulation
					 as a child-care operation by the Texas Health and Human Services Commission
					 (HHSC) under Chapter 42, Texas Human Resources Code (HRC), and Chapter 745,
					 Subchapter C of this title (relating to Operations that are Exempt from
					 Regulation).
(2) Unlawfully present
					 individual--An individual who is neither a citizen nor has a right to be
					 present in the United States under the Immigration and Nationality Act or
					 accompanying regulations or decisions, who is in the custody of the federal
					 government. This term includes a child who has no lawful immigration status in
					 the United States and:
(A) With respect to
					 whom, there is no parent or legal guardian in the United States, or no parent
					 or legal guardian in the United States available to provide care and physical
					 custody, as described in 6 U.S. Code §279(g)(2); or
(B) Who is detained with a parent or other
					 adult family member who is not lawfully present in the United States.
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 B - DEFINITIONS AND SERVICES › Division 3 - CARE OF UNLAWFULLY PRESENT INDIVIDUALS › Section 748.83 - May I provide care to or shelter an unlawfully present individual?

Current through Reg. 49, No. 28; July 12, 2024
You may not provide care or shelter to an unlawfully
						present individual at your general residential operation. However, you may
						operate an exempt program that provides care for an unlawfully present
						individual separately from your general residential
						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 B - DEFINITIONS AND SERVICES › Division 3 - CARE OF UNLAWFULLY PRESENT INDIVIDUALS › Section 748.85 - What are the requirements if I operate my general residential operation while an exempt program separately provides care for an unlawfully present individual?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you provide
					 care for an unlawfully present individual at an exempt program while you
					 operate your general residential operation:
(1) You must notify Licensing in
					 writing;
(2) You must ensure that
					 the exempt program:
(A) Has separate
					 caregivers from your operation or caregivers that do not provide care at your
					 operation while they care for children at the exempt program; and
(B) Does not use an area of your building or
					 grounds at the same time that your operation is using the area, except that the
					 exempt program and your operation may share restrooms and indoor and outdoor
					 activity areas under a written plan regarding how caregivers from your
					 operation and the exempt program will supervise the children in the shared
					 space.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.101 - What plans must I submit for Licensing's approval as part of the application process?

Current through Reg. 49, No. 28; July 12, 2024
In addition to the relevant application forms required by
						§
											745.243
						of this title (relating to What does a completed application for a permit
						include?), as part of the application process, you must submit the following
						plans to us for approval:
(1) A
					 business plan that includes:
(A) The location
					 and telephone numbers of all your general residential operations; and
(B) A list of persons or officers and their
					 titles that comprise the governing body, 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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.105 - What are the requirements for my personnel policies and procedures?

Current through Reg. 49, No. 28; July 12, 2024
Your personnel policies and procedure must:
(1) Include an organizational chart showing
					 the administrative, professional, and staffing structures and lines of
					 authority;
(2) Include written job
					 descriptions, including minimum qualifications and job responsibilities for
					 each position;
(3) Include written
					 procedures for screening applicants to determine suitability for any position
					 for which you are considering an applicant. These procedures must include:
(A) Verifying an applicant's 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)
					 Conducting 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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.107 - What must my conflict of interest policies include?

Current through Reg. 49, No. 28; July 12, 2024
Your conflict of interest policies must include:
(1) A code of conduct on the relationship
					 between your operation's owners (including members of the governing body, if
					 applicable), employees, contract service providers, children in placement, and
					 children's families, including required parameters for entering into
					 independent financial relationships or transactions; and
(2) For corporations or other types of
					 business entities, a statement that the majority of the voting members of the
					 governing body must consist of persons who do not have a conflict of interest
					 that would potentially interfere with objective decision making. Persons who
					 have such a conflict of interest include the following:
(A) Family members of:
(i) An officer of the governing
					 body;
(ii) The administrator or
					 executive director of the operation; or
(iii) Any person with a controlling interest
					 in the entity's stock; or
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.109 - What must my admission policies include?

Current through Reg. 49, No. 28; July 12, 2024
Your admission policies must include a description of
						each program you offer, including:
(1)
					 The program's goals and services provided, including whether the program
					 accepts emergency admissions; and
(2) The characteristics of the population the
					 program serves, such as gender, age range, behaviors, and diagnoses. If the
					 program includes treatment services, your policy must describe the type of
					 treatment services the program is designed to treat, including emotional
					 disorders, intellectual disability, autism spectrum disorder, primary medical
					 needs, or trafficking victim 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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.111 - What child-care policies must I develop?

Current through Reg. 49, No. 28; July 12, 2024
You must develop policies that describe:
(1) Visitation rights between the child and
					 family members and the child and friends;
(2) The child's right to correspond by mail
					 with family members and friends, including any policies regarding mail
					 restrictions and receipt of electronic messages and mail;
(3) The child's right to correspond by
					 telephone with family members and friends;
(4) The child's right to receive and give
					 gifts to family, friends, employees, or other children in care, including any
					 restrictions on gifts;
(5) How a
					 child obtains clothing;
(6)
					 Personal possessions a child is or is not allowed to have, where the
					 possessions may be stored, and search policies;
(7) Emergency behavior intervention
					 techniques if the use of emergency behavior intervention is permitted in your
					 operation. The policy must be consistent with § 748.113(5) of Title 40
					 (relating to What emergency behavior intervention policies must I develop if my
					 operation is permitted to use emergency behavior intervention?);
(8) Any religious program or activity that
					 you offer, including whether children must participate in the program or
					 activity;
(9) The plans for meeting
					 the educational needs of each child;
(10) When trips with caregivers away from the
					 operation are allowed and what protocols will be used;
(11) Program expectations and rules that
					 apply to all children, including an overview of your discipline
					 policy;
(12) Child grievance
					 procedures;
(13) The types and
					 frequency of reports to parents;
(14) Procedures for routine and emergency
					 diagnosis and treatment of medical and dental problems;
(15) Routine health care relating to
					 pregnancy and childbirth, if you admit and/or care for a pregnant
					 child;
(16) Your plan for providing
					 health-care services to a child with primary medical needs;
(17) Transitional living policies, if
					 applicable; and
(18) If applicable,
					 how you will determine whether it is appropriate for a child to use weapons,
					 firearms, explosive materials, and projectiles. This information must be
					 consistent with § 748.103(b)(12) of Title 40 (relating to What policies
					 and procedures must I submit for Licensing's approval as part of the
					 application process?).
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.113 - What emergency behavior intervention policies must I develop if my operation is permitted to use emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, you must develop emergency behavior
						intervention policies to implement the requirements in Subchapter N of this
						chapter (relating to Emergency Behavior Intervention). The policies must
						include the following:
(1) A complete
					 description of emergency behavior interventions that you permit caregivers to
					 use;
(2) The specific techniques
					 that caregivers can use;
(3) The
					 qualifications for caregivers who assume the responsibility for emergency
					 behavior intervention implementation, including required experience and
					 training, and an evaluation component for determining when a specific caregiver
					 meets the requirements of a caregiver qualified in emergency behavior
					 intervention. You must have an on-going program to evaluate caregivers
					 qualified in emergency behavior intervention and the use of emergency behavior
					 interventions;
(4) Your
					 requirements for and restrictions on the use of permitted emergency behavior
					 interventions;
(5) For the
					 orientation required in § 748.1209(b)(6) of Title 40 (relating to What
					 orientation must I provide a child?), how you will:
(A) Explain and document to a child in a
					 manner that the child can understand:
(i) Who
					 can use an emergency behavior intervention;
(ii) The actions a caregiver must first
					 attempt to defuse the situation and avoid the use of emergency behavior
					 intervention;
(iii) The situations
					 in which emergency behavior intervention may be used;
(iv) The types of emergency behavior
					 intervention you permit;
(v) When
					 the use of an emergency behavior intervention must cease;
(vi) What action the child must exhibit to be
					 released from the emergency behavior intervention;
(vii) The way to report an inappropriate
					 emergency behavior intervention;
(viii) The way to provide voluntary comments
					 during or after an emergency behavior intervention; and
(ix) The process for making written comments
					 after an emergency behavior intervention, such as comments regarding the
					 incident that led to the emergency behavior intervention, the manner in which a
					 caregiver intervened, and the manner in which the child was the subject or to
					 which they were a witness. You may create a standardized form that is easily
					 accessible or give children the permission to submit comments on regular paper;
					 and
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.115 - What are the requirements for my discipline policies for children in care?

Current through Reg. 49, No. 28; July 12, 2024
The discipline policies you develop for children in care
						must be consistent with Subchapter M of this chapter (relating to Discipline
						and Punishment). The discipline policies you develop must also:
(1) Guide caregivers and employees in the
					 methods used for the discipline of children;
(2) Integrate trauma informed care into the
					 care, treatment, and management of each child;
(3) Include measures for positive responses
					 to appropriate behavior;
(4)
					 Include the importance of nurturing behavior, stimulation, and promptly meeting
					 the child's needs; and
(5) Include
					 a statement that discipline of any type is not allowable for infants.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.117 - What policies for a transitional living program must I develop?

Current through Reg. 49, No. 28; July 12, 2024
For operations who offer a transitional living program,
						you must develop policies that address the following:
(1) Criteria used to select participants for
					 the program;
(2) Supervision of
					 participants consistent with § 748.1019 of Title 40 (relating to What are
					 the supervision requirements for a transitional living program?) and §
					 748.1021 of Title 40 (relating to When does a child who is in a transitional
					 living program not need supervision?);
(3) Expected behaviors of participants and
					 consequences for failure to comply;
(4) Training, education, and experiences to
					 be achieved in the program; and
(5)
					 Roles of participants, employees, contract staff, and caregivers.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.119 - What policies must I develop if I use volunteers?

Current through Reg. 49, No. 28; July 12, 2024
If you use volunteers, you must develop policies
						that:
(1) Include job descriptions
					 and/or responsibilities for the volunteers;
(2) Address qualifications, screening, and
					 selection procedures for the volunteers;
(3) Address orientation and training programs
					 for the volunteers;
(4) Address
					 supervision of volunteers; and
(5)
					 Address volunteer contact with 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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.121 - What abuse and neglect policies must I develop?

Current through Reg. 49, No. 28; July 12, 2024
You must develop policies on preventing, recognizing, and
						responding to abuse and neglect of children, including:
(1) Required annual training for
					 employees;
(2) Methods for
					 increasing employee awareness of issues regarding child abuse and neglect,
					 including warning signs that a child may be a victim of abuse or
					 neglect;
(3) Methods for increasing
					 employee awareness of prevention techniques for child abuse and
					 neglect;
(4) Strategies for
					 coordination between the operation and appropriate community organizations;
					 and
(5) Actions that the parent of
					 a child who is a victim of abuse or neglect should take to obtain assistance
					 and intervention.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.123 - What must an employee policy for protecting children from vaccine-preventable diseases include?

Current through Reg. 49, No. 28; July 12, 2024
A policy for protecting the children in your care from
						vaccine-preventable diseases must:
(1)
					 Specify any vaccines that you have determined an employee must have for
					 vaccine-preventable diseases based on the level of risk the employee presents
					 to children by the employee's routine and direct exposure to
					 children;
(2) Require each employee
					 to receive each specified vaccine that the employee is not exempt from
					 having;
(3) Include procedures for
					 verifying whether an employee has complied with your policy;
(4) Include procedures for an employee to be
					 exempt from having a required vaccine because of:
(A) Medical conditions identified as
					 contraindications or precautions by the Centers for Disease Control and
					 Prevention (CDC); or
(B) Reasons of
					 conscience, including a religious belief;
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.124 - What suicide prevention, intervention, and postvention policy must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must adopt
					 either:
(1) The model suicide prevention,
					 intervention, and postvention policy in §748.125 of this division
					 (relating to What is the model suicide prevention, intervention, and
					 postvention policy?); or
(2)
					 Another suicide prevention, intervention, and postvention policy that is
					 approved by the Executive Commissioner of the Texas Health and Human Services
					 Commission or designee and:
(A) Addresses
					 suicide prevention, intervention, and postvention;
(B) Is based on current and best
					 evidence-based practices;
(C)
					 Requires all caregivers and employees to receive annual suicide prevention
					 training that includes understanding of safety planning and screening for
					 risk;
(D) Promotes suicide
					 prevention training for non-employees, as appropriate; and
(E) Includes plans and procedures to support
					 children who return to the operation following hospitalization for a mental
					 health condition.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.125 - What is the model suicide prevention, intervention, and postvention policy?

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 purpose of the model suicide prevention, intervention, and postvention policy
					 is to:
(1) Protect the health and well-being
					 of children in the care of general residential operations by implementing
					 procedures to prevent suicide, including screening and assessment procedures
					 for risk of suicide;
(2) Require
					 intervention when a child attempts or dies by suicide; and
(3) Address the needs of children in care and
					 staff after a child attempts or dies by suicide.
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.126 - What are the general requirements for an operation's policies and procedures?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 requirements for policies only apply to your policies that are required or
					 governed by this chapter.
(b) All
					 employees and caregivers must be aware of and follow your policies and
					 procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.127 - What requirements must I follow when adopting my operation's plans, policies, and procedures?

Current through Reg. 49, No. 28; July 12, 2024
(a) Your
					 operation's plans, policies, and procedures must indicate the date on which you
					 adopted them and their effective date.
(b) You must formalize the adoption of your
					 operation's plans, policies, and procedures as appropriate for your type of
					 ownership:
(1) If you are a sole proprietor,
					 you must sign them;
(2) If you are
					 a partnership, each partner must sign them; or
(3) If you are a corporation or other type of
					 business entity, the governing body must take a written action to adopt
					 (sometimes this may be an order or the adoption may be included in the minutes
					 of the governing body).
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 C - ORGANIZATION AND ADMINISTRATION › Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS › Section 748.129 - Can Licensing cite my operation for a deficiency if I fail to operate according to my approved plans, policies, and procedures?

Current through Reg. 49, No. 28; July 12, 2024
Yes, if you violate plans, policies, or procedures, then
						we may cite the relevant standard in Division 1 of this Subchapter (relating to
						Plans and Policies Required for the Application Process) as a
						deficiency.
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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.151 - What are my operational responsibilities?

Current through Reg. 49, No. 28; July 12, 2024
While you are operating, you must:
(1) Have a designated full-time child-care
					 administrator who meets the minimum qualifications of §
											748.531
					 of this chapter (relating to What qualifications must a child-care
					 administrator meet?);
(2) Operate
					 according to your approved plans, policies, and procedures;
(3) Maintain current, true, accurate, and
					 completerecords;
(4) Allow us to
					 inspect your operation during its hours of operation;
(5) Not offer unrelated types of services
					 that conflict or interfere with the best interests of a child in care, a
					 caregiver's responsibilities, or operation space. If you offer more than one
					 type of service, you must determine and document that no conflict
					 exists;
(6) Complying with the
					 liability insurance requirements in this division ; and
(7) Prepare the annual budget and control
					 expenditures and ensure compliance with Division 3 of this subchapter (relating
					 to General Fiscal Requirements).
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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.153 - What changes must I notify Licensing about regarding my operation?

Current through Reg. 49, No. 28; July 12, 2024
You must provide written notification to your Licensing
						Representative:
(1) As soon as
					 possible, but at least 30 days before you:
(A)
					 Change the legal structure of your operation or your governing body, if
					 applicable;
(B) Move your operation
					 to another location as required in §
												745.435 of this title (relating to
					 What must I do if I relocate my operation after I receive my license or
					 certification?); or
(C) Change your
					 operating 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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.154 - What is my timeframe for filling my child-care administrator position if it becomes vacant while I do not have a back-up administrator to carry out the administrator duties?

Current through Reg. 49, No. 28; July 12, 2024
If you do not have a back-up child-care administrator
						when your administrator position becomes vacant, as required in §
											748.535 of this chapter (relating
						to What responsibilities must the child-care administrator have?), you have 60
						days from the date the position becomes vacant to obtain a licensed child-care
						administrator before we can cite you for not having an
						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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.155 - May I exceed my operation's capacity?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The number of children and young adults in your care must not exceed the
					 capacity stated on your permit, except as described in subsection (b) of this
					 section.
(b) If you are licensed to
					 provide emergency care services, you may temporarily exceed your licensed
					 capacity for not more than 48 hours to provide temporary care for a child
					 needing emergency care services.
(c) For the purpose of determining whether
					 you exceed your capacity, the number of children in your care includes a
					 caregiver's own children who are at the operation, if they share general living
					 space, bedroom, and/or bathroom space with children in care, and any children
					 receiving respite child-care services at an operation providing emergency care
					 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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.157 - May I provide child day care services?

Current through Reg. 49, No. 28; July 12, 2024
You may provide child day care services under the
						following conditions:
(1) You don't
					 provide treatment services to children with emotional disorders;
(2) You care for and supervise children who
					 receive day care services separately from the children receiving residential
					 services; and
(3) You have separate
					 administrative employees and caregivers for each 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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.158 - What are the liability insurance requirements?

Current through Reg. 49, No. 28; July 12, 2024
Unless you have an acceptable reason not to have the
						insurance, you must:
(1) Maintain
					 liability insurance coverage in the amount of $300,000 for each occurrence of
					 negligence that covers injury to a child while the child is on your premises or
					 in your care; and
(2) Provide proof
					 of coverage to Licensing each year by the anniversary date of the issuance of
					 your permit.
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 C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.159 - What are acceptable reasons not to have liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You do not have to have liability
					 insurance that meets the requirements of §748.158 of this division
					 (relating to What are the liability insurance requirements?) if you cannot
					 carry insurance because:
(1) Of financial
					 reasons;
(2) You are unable to
					 locate an underwriter who is willing to issue a policy to the operation; or
(3) You have already exhausted the
					 limits of a policy that met the requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 748.160 - When must I notify parents that I do not carry liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you do not carry liability insurance
					 that meets the requirements of §748.158 of this division (relating to What
					 are the liability insurance requirements?), then you must notify the parent of
					 each child in your care in writing that you do not carry liability insurance
					 before you admit the child into your care.
(b) If you previously carried the liability
					 insurance and subsequently stop carrying the liability insurance, then you must
					 notify the parent of each child in your care in writing that you do not carry
					 the insurance within 14 days after you stop carrying it.
(c) You may use the Form 2962, Verification
					 of Liability Insurance, located on the Licensing provider website, to notify
					 parents. Regardless of whether you use this form, you must be able to
					 demonstrate that you provided written notice to the parents of each child in
					 your 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 C - ORGANIZATION AND ADMINISTRATION › Division 3 - GENERAL FISCAL REQUIREMENTS › Section 748.161 - What are my fiscal requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 must establish and maintain your operation on a sound fiscal basis, including:
(1) Paying your employees timely;
					 and
(2) Making sure the needs of
					 children in care are being met.
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 C - ORGANIZATION AND ADMINISTRATION › Division 4 - REQUIRED POSTINGS › Section 748.191 - What items must I post at my operation?

Current through Reg. 49, No. 28; July 12, 2024
The items listed below must be posted in a prominent and
						publicly accessible place where employees, children, parents, and others may
						easily view them at all times:
(1)
					 Your permit. An operation does not have to post its permit in its cottage
					 homes, as long as it posts the permit at the main office location;
(2) The Licensing notice
Keeping
					 Children Safe;
and
(3)
					 Emergency and evacuation relocation plans posted in each building and living
					 quarters used by 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 D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.301 - What do certain terms mean in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These terms have the following meanings in this
						subchapter:
(1) Serious incident--A
					 non-routine occurrence that has or may have dangerous or significant
					 consequences for the care, supervision, or treatment of a child. The different
					 types of serious incidents are noted in § 748.303 of this division
					 (relating to When must I report and document a serious incident?).
(2) Triggered review of a child's
					 unauthorized absences--A review of a specific child's pattern of unauthorized
					 absences when the child has had three unauthorized absences within a 60-day
					 timeframe.
(3) Unauthorized
					 absence--A child is absent from the grounds of an operation without permission
					 from a caregiver and cannot be located. This includes when an unauthorized
					 person has removed the child from 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 D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.303 - When must I report and document a serious incident?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must report and
					 document the following types of serious incidents involving a child in your
					 care. The reports must be made to the following entities, and the reporting and
					 documenting must be within the specified time frames:
Attached Graphic
(b) If there is a medically
					 pertinent incident that does not rise to the level of a serious incident, you
					 do not have to report the incident but you must document the incident in the
					 same manner as for a serious incident, as described in §748.311 of this
					 division (relating to How must I document a serious incident?).
(c) If the child returns before the required
					 reporting timeframe outlined in subsection (a)(8) - (10) of this section, you
					 are not required to report the absence as a serious incident. Instead, you must
					 document within 24 hours after you become aware of the unauthorized absence in
					 the same manner as for a serious incident, as described in §748.311 of
					 this division.
(d) If there is a
					 serious incident involving an adult resident, you do not have to report the
					 incident to Licensing, but you must document the incident in the same manner as
					 a serious incident. You do have to report the incident to:
(1) Law enforcement, if there is a
					 fatality;
(2) The parent, if the
					 adult resident is not capable of making decisions about the resident's own
					 care; and
(3) Adult Protective
					 Services through the Texas Abuse and Neglect Hotline if there is reason to
					 believe the adult resident has been abused, neglected or exploited.
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.305 - What constitutes a suicide attempt by a child?

Current through Reg. 49, No. 28; July 12, 2024
A suicide attempt is a child's attempt to take his own
						life using means or methods for causing his death, including any act a child
						commits intending to cause his death, but excluding suicidal gestures where it
						is clear that the act was unlikely to cause death. Suicidal thoughts are not
						reportable as a suicide attempt.
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.309 - How do I make a report of a serious incident or occurrence to Licensing?

Current through Reg. 49, No. 28; July 12, 2024
All serious incident reports must be made directly to the
						Texas Abuse and Neglect Hotline.
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.311 - How must I document a serious incident?

Current through Reg. 49, No. 28; July 12, 2024
A serious incident must be documented in a written report
						that includes the following information:
(1) The name of the operation, physical
					 address, and telephone number;
(2)
					 The time and date of the incident;
(3) The name, age, gender, and date of
					 admission of the child or children involved;
(4) The names of all adults involved and
					 their role in relation to the child(ren);
(5) The names or other means of identifying
					 witnesses to the incident, if any;
(6) The nature of the incident;
(7) The circumstances surrounding the
					 incident;
(8) Interventions made
					 during and after the incident, such as medical interventions, contacts made,
					 and other follow-up actions;
(9)
					 The treating licensed health-care professional's name, findings, and treatment,
					 if any;
(10) The resolution of the
					 incident; and
(11) If the child
					 returns to the operation after you complete the report for an unauthorized
					 absence, an update regarding the unauthorized absence and the child's
					 return.
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.313 - What additional documentation must I include with a written serious incident report?

Current through Reg. 49, No. 28; July 12, 2024
You must include the following additional documentation
						with a written serious incident report, as applicable:
Attached Graphic
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS › Subchapter D - REPORTS AND RECORD KEEPING › Division 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.315 - How long must I keep incident reports?

Current through Reg. 49, No. 28; July 12, 2024
You must keep the incident reports on file at the
						operation for two years. The reports must be easily accessible to Licensing
						upon request.
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.317 - What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 notify the parent of each child residing at your child-care operation of a
					 deficiency in:
(1) A safe sleeping standard
					 noted in subsection (b) of this section; or
(2) The abuse, neglect, or exploitation
					 standard in §
												748.1101(b)(1)(B)
					 of this chapter (relating to What rights does a child in care have?).
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 1 - REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES › Section 748.319 - How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Within five days after you receive notification of a deficiency described in
					 § 748.317 of this chapter (relating to What are the notification
					 requirements when Licensing finds my operation deficient in a standard related
					 to safe sleeping or the abuse, neglect, or exploitation of a child in care?),
					 you must notify the parents of each child residing at your child-care operation
					 at the time of notification, including a child who may not have been in care on
					 the day of the actual incident.
(b) If the deficiency is for a safe sleeping
					 standard, you must notify the parents using Form 2970, Notification of Safe
					 Sleeping Deficiency, located on the Licensing
(c) If the deficiency is for the standard
					 related to the abuse, neglect, or exploitation of a child in care, you must
					 notify the parents using Form 7266,
Notification of
					 Abuse/Neglect/Exploitation Deficiency
, located on the Licensing
					 provider website.
(d) You must
					 maintain and make available for our review, upon request, proof that you have
					 notified parents in writing of deficiencies in safe sleeping and abuse,
					 neglect, or exploitation, as required by subsection (a) of this
					 section.
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 748.341 - What are the retention requirements for my operation's policies?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must maintain a copy of your policies
					 and procedures at the operation. They must be available for review by
					 employees, contract staff, caregivers, Licensing, or your clients, upon
					 request.
(b) You must maintain
					 copies of all current and previous policies for at least two years.
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 748.343 - What policies and procedures must I have for protecting records?

Current through Reg. 49, No. 28; July 12, 2024
You must have policies and procedures for:
(1) Protecting paper and electronic records
					 from destruction and loss; and
(2)
					 Clarifying the persons:
(A) Within your
					 operation who are authorized to access records; and
(B) Outside of your operation who are
					 authorized by law to have access to records.