reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2905 - How often must fire and health inspections be conducted at a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise
					 stated in the report, a fire or health inspection report obtained from a local
					 health authority or state or local fire authority is current for two years for
					 a foster family home.
(b) A fire
					 safety or health and safety evaluation conducted by your child placement staff
					 using the State Fire Marshal's checklist for foster homes is current for one
					 year.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2907 - What disaster and emergency plans must each foster home have?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each foster home must have written plans
					 and procedures for handling potential disasters and emergencies, such as fire,
					 severe weather emergencies, and transportation emergencies. Each plan must
					 include:
(1) Procedures for relocating
					 children to a designated safe area or alternate shelter including specific
					 procedures for evacuating children who are under 24 months of age, who have
					 limited mobility, or who otherwise may need assistance in an emergency, such as
					 children who have mental, visual, or hearing impairment, or a medical condition
					 that requires assistance; and
(2)
					 How you will ensure medications and equipment will be made available to
					 children with special needs or medical conditions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2908 - How must a foster home practice disaster and emergency plans?

Current through Reg. 49, No. 28; July 12, 2024
(a) A foster home must practice disaster and
					 emergency plans each year by:
(1) Discussing
					 the plans and procedures for handling a fire and weather emergency with the
					 children in care;
(2) Conducting a
					 fire drill, so children are able to safely exit the foster home within three
					 minutes; and
(3) Conducting a
					 severe weather drill.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2909 - How many smoke detectors must a foster home have?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each home must have a working smoke
					 detector in the following areas:
(1) In
					 hallways or open areas outside sleeping rooms; and
(2) On each level of a home with multiple
					 levels.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2911 - How must smoke detectors be installed and maintained at a foster home?

Current through Reg. 49, No. 28; July 12, 2024
Smoke detectors must be installed and maintained
						according to the manufacturer's instructions, or in compliance with the state
						or local fire authority's instructions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2913 - How many fire extinguishers must a foster home have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A foster home must have a fire
					 extinguisher:
(1) In each kitchen;
					 and
(2) On each level of the
					 home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2915 - Where must a foster home store dangerous tools and equipment?

Current through Reg. 49, No. 28; July 12, 2024
A foster home must store dangerous tools and equipment,
						such as hatchets, saws, and axes, so they are inaccessible to children.
						Children may use these tools and equipment, with caregiver supervision as
						needed based on the child's age, maturity, and treatment
						issues.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2917 - What are the requirements for animals that are present at a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Any animals on the premises of a home
					 must be kept free of disease and must not create health problems or a health
					 risk for children.
(b) Animals must
					 be vaccinated and treated as recommended by a licensed veterinarian.
(c) The caregivers must have documentation at
					 the home showing that dogs and cats have been vaccinated for rabies as required
					 by Texas Health and Safety Code, Chapter 826.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 2 - TOBACCO AND E-CIGARETTE USE › Section 749.2931 - What policies must I enforce regarding tobacco products and e-cigarettes?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child may not use or possess tobacco
					 products, e-cigarettes, or any type of vaporizers.
(b) Caregivers and other adults may only
					 smoke tobacco products, e-cigarettes, and vaporizers outside.
(c) No one may smoke tobacco products,
					 e-cigarettes, or vaporizers in a motor vehicle while transporting children in
					 care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 3 - WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES › Section 749.2961 - Are weapons, firearms, explosive materials, and projectiles permitted in a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally, weapons,
					 firearms, explosive materials, and projectiles (such as darts or arrows), are
					 permitted. However, there are some specific restrictions.
(1) If you allow weapons, firearms, explosive
					 materials, or projectiles, you must develop and enforce a policy identifying
					 specific precautions to ensure that a child does not have unsupervised access
					 to them, including requiring a foster parent to keep them in locked storage
					 when they are not in use.
(2) You
					 must determine that it is appropriate for a specific child to use the weapons,
					 firearms, explosive materials, or projectiles.
(3) No child may use a weapon, firearm,
					 explosive material, or projectile, unless the child is directly supervised by
					 an adult knowledgeable about the use of the weapon, firearm, explosive
					 material, or projectile that is to be used by the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 3 - WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES › Section 749.2963 - What factors must I consider when determining whether weapons, firearms, explosive materials, or projectiles are stored adequately?

Current through Reg. 49, No. 28; July 12, 2024
When determining if these items are stored adequately,
						you must consider the age, history, emotional maturity, and background of the
						children in the home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 3 - WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES › Section 749.2965 - How must I determine whether weapons, firearms, explosive materials, or projectiles are present in a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) When you complete a foster home
					 screening, you must ask whether weapons, firearms, explosive materials, or
					 projectiles are present in the home. If these items are present, you must
					 review your policies and requirements with the prospective foster
					 parents.
(b) The foster home record
					 must include documentation on the:
(1) Items
					 present in the home; and
(2)
					 Specific precautions the caregivers must take to ensure that children do not
					 have unsupervised access.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 3 - WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES › Section 749.2967 - May a caregiver transport a child in a vehicle where firearms, other weapons, explosive materials, or projectiles are present?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver may transport a child in a
					 vehicle where firearms (other than handguns), other weapons, explosive
					 materials, or projectiles are present if:
(1)
					 All firearms are not loaded;
(2)
					 The firearms, other weapons, explosive materials, or projectiles are
					 inaccessible to the child; and
(3)
					 Possession of the firearm is legal.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3021 - How much space must bedrooms used by foster children have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A bedroom must have at least 40 square
					 feet of space for each occupant and no more than four occupants per bedroom are
					 permitted, even if the square footage of the room would accommodate more than
					 four occupants. The four occupants restriction does not apply to children
					 receiving treatment services for primary medical needs.
(b) Single occupant bedrooms must have at
					 least 80 square feet of floor space.
(c) The floor space requirement must not
					 include closets or other alcoves.
(d) Floor space must be space that children
					 can use for daily activities.
(e)
					 If a foster home was verified before January 1, 2007, then a foster home is
					 exempt from the maximum bedroom occupancy requirement until:
(1) The foster family moves to a new
					 home;
(2) The foster home is
					 structurally altered by adding a new room; or
(3) The foster home's verification is no
					 longer valid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3023 - Which rooms in the home may not be used as bedrooms?

Current through Reg. 49, No. 28; July 12, 2024
(a) Only a room that provides adequate
					 opportunities for rest and privacy may be used as a bedroom.
(b) Bedrooms used by foster children must
					 have at least one source of natural lighting.
(c) Foster children or any other household
					 members may not use any of the following as a bedroom:
(1) A room commonly used for other purposes,
					 including dining rooms, living rooms, hallways, or porches;
(2) A passageway to other rooms; or
(3) A room that does not have doors for
					 privacy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3025 - May an adult in care share a bedroom with a child in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) An adult in care may share a bedroom with
					 a child in care if:
(1) The adult and child
					 are siblings;
(2) The adult is the
					 child's parent;
(3) Both of them
					 are non-ambulatory and receive treatment services for primary medical needs;
					 or
(4) The child is at least 16
					 years old, the age difference between them does not exceed 24 months, and the
					 adult meets the requirements of:
(A)
													§
													749.1103
					 of this chapter (relating to After a child in my care turns 18 years old, may
					 the person remain in my care?); or
(B)
													§
													749.1105
					 of this chapter (relating to May I admit a young adult into
					 care?).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3027 - May a child in care share a bedroom with an adult caregiver in the foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child may share a
					 bedroom with an adult caregiver if:
(1) It is
					 in the best interest of the child;
(2) The child is under three years old and
					 sleeps in the bedroom of a caregiver; and
(3) The service planning team dates and
					 documents the approval in the child's service plan.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3029 - May children of opposite genders share a bedroom?

Current through Reg. 49, No. 28; July 12, 2024
(a) A child six years old or older must not
					 share a bedroom with a child of the opposite gender, unless:
(1) They are siblings;
(2) The older child is the younger child's
					 parent; or
(3) Both children are
					 non-ambulatory child and receive treatment services for primary medical
					 needs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3031 - What are the requirements for beds and bedding?

Current through Reg. 49, No. 28; July 12, 2024
(a) Each foster child shall have their own
					 bed and mattress. This does not prevent a child receiving respite care or
					 requiring closer supervision from sleeping on a couch, sleeping bag, etc. for
					 fewer than seven days.
(b) Beds
					 must be clean and comfortable.
(c)
					 Mattresses must be off of the floor and have covers or protectors.
(d) Linens must be changed when soiled, and
					 not less often than once a week.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3033 - What type of personal storage space must a foster child have?

Current through Reg. 49, No. 28; July 12, 2024
Each child must have accessible storage space for his
						clothing and personal possessions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3035 - What bathroom accommodations must a home have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A foster home must have one lavatory, one
					 tub or shower, and one toilet for every eight household members. A foster home
					 verified before January 1, 2007, is exempt from this requirement until it is no
					 longer verified by the agency under which it is currently verified, or it makes
					 structural changes to the home by adding additional bathrooms.
(b) All lavatories, tubs, and showers must
					 have hot and cold running water.
(c) For foster homes that care for primary
					 medical needs children, the child's bedroom and the child's bathroom must be
					 located on the same floor. A foster home verified before January 1, 2007, is
					 exempt from this requirement until it is no longer verified by the
					 agency.
(d) Bathrooms must allow
					 for privacy.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3037 - What are the requirements for indoor space that children can use?

Current through Reg. 49, No. 28; July 12, 2024
(a) Children must have indoor areas for their
					 use. There must be at least 40 square feet for each child. This does not
					 include bedrooms, kitchens, bathrooms, utility rooms, unfinished attics, or
					 hallways.
(b) A foster home must
					 identify indoor areas that children can use.
(c) You must approve the indoor space that a
					 home designates for the children's use.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3039 - What are the requirements for outdoor recreation equipment?

Current through Reg. 49, No. 28; July 12, 2024
(a) Equipment must not have openings, angles,
					 or protrusions that can entangle a child's clothing or entrap a child's body or
					 body parts.
(b) Equipment must be
					 securely anchored according to manufacturer's specifications to prevent
					 collapsing, tipping, sliding, moving, or overturning.
(c) Climbing equipment, swings, and slides
					 must not be installed over asphalt or concrete.
(d) Equipment must be appropriate, cleaned,
					 maintained, and repaired.
(e)
					 Trampolines may only be used at the foster home if:
(1) The number of children allowed on the
					 trampoline at one time meets the manufacturer's instructions;
(2) Shock-absorbing pads cover the springs,
					 hooks, and frame;
(3) Ladders are
					 removed from the trampoline when the trampoline is not in use; and
(4) A caregiver provides supervision as
					 follows:
(A) For children under 12 years old,
					 the caregiver must be immediately present, watching the child(ren) at all
					 times, enforcing safety rules and manufacturer's instructions, and able to
					 respond in an emergency; and
(B)
					 For children 12 years old and older, the caregiver must be on the premises,
					 visually check on the child(ren) at frequent intervals, and able to respond in
					 an emergency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3041 - What are the requirements for a foster home's physical environment?

Current through Reg. 49, No. 28; July 12, 2024
The foster home must ensure that:
(1) The home is safe for children, kept
					 clean, and in good repair;
(2)
					 Equipment and furniture are safe for children, kept clean, and in good
					 repair;
(3) Exits in living areas
					 are not blocked by furniture;
(4)
					 The outdoor areas are safe for children, kept clean, and in good
					 repair;
(5) Outdoor areas are well
					 drained;
(6) Windows and doors used
					 for ventilation are screened;
(7)
					 Flammable or poisonous substances are stored out of the reach of children
					 unless caregivers have evaluated a child as capable and likely to use such
					 items responsibly; and
(8) The home
					 is free of rodents and insects.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 4 - SPACE AND EQUIPMENT › Section 749.3043 - When is a product considered unsafe and what are a caregiver's responsibilities regarding unsafe products in a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) A product is considered unsafe if, after
					 it has been recalled for any reason by the United States Consumer Product
					 Safety Commission (CPSC):
(1) The recall has
					 not been rescinded; and
(2) The
					 product has not been made safe through being remanufactured or
					 retrofitted.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3061 - What are the requirements for feeding children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must feed an infant whenever
					 the infant is hungry.
(b)
					 Caregivers must provide a toddler or school age child with three meals and at
					 least one snack a day.
(c) No more
					 than 14 hours may pass between the last meal or snack of the day and the
					 availability of the first meal the following day.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3063 - What types of food and water must caregivers provide children?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must provide a child with food
					 that is:
(1) Of adequate variety, quality,
					 and in sufficient quantity to supply the nutrients needed for proper growth and
					 development according to the United States Department of Agriculture
					 guidelines; and
(2) Appropriate for
					 the child's age and activity level.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3065 - What must the caregiver do if a child refuses to or cannot eat a meal or snack that is offered?

Current through Reg. 49, No. 28; July 12, 2024
(a) The caregiver
					 must offer a child a meal or snack according to this division, but the
					 caregiver may not force the child to eat. The caregiver does not have to offer
					 other food to a child who:
(1) Refuses a meal
					 or snack; or
(2) Chooses not to be
					 present when a meal or snack is scheduled.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3067 - May a caregiver use food as a reward or punishment or as part of any behavior management program?

Current through Reg. 49, No. 28; July 12, 2024
A caregiver may not use food that meets a child's
						nutritional requirements as a reward or punishment or as part of a behavior
						management program. Food cannot be withheld.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3069 - May caregivers offer a child in care different food choices than what the family is eating?

Current through Reg. 49, No. 28; July 12, 2024
(a) A caregiver must
					 offer a child in care the same food choices that other children in the home are
					 offered, unless medically contraindicated for the child.
(b) A caregiver must offer a child in care
					 food choices that are at least comparable to what the adults in the home are
					 eating, unless medically contraindicated for the child.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3071 - What must I do if a child requires a therapeutic or special diet?

Current through Reg. 49, No. 28; July 12, 2024
(a) For a caregiver to serve a therapeutic or
					 special diet to a child, you must have written approval in the child's record
					 from a licensed physician or a registered or licensed dietician. This approval
					 must be in the child's record.
(b)
					 If a child requires a therapeutic or special diet, you must give information
					 regarding the diet to the child's caregivers.
(c) Caregivers must make dietary alternatives
					 available to a child who has special health needs as instructed by a licensed
					 health-care professional.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3073 - What are the nutrition requirements for a child with primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must feed a child with primary
					 medical needs according to his medical and developmental needs.
(b) A licensed physician must prescribe tube
					 feeding. A dietician or physician must plan the diet that the physician
					 prescribes.
(c) Children must eat
					 in an upright position unless the service planning team's recommendations are
					 to the contrary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3075 - What are the feeding requirements for children receiving treatment services for primary medical needs or intellectual disabilities?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must encourage self-help and
					 development when feeding children receiving treatment services for primary
					 medical needs or intellectual disabilities, including non-mobile
					 children.
(b) A toddler or older
					 child must eat or be fed in the dining area, unless the service planning team's
					 recommendations are to the contrary.
(c) Infants must be held during feedings,
					 unless the service planning team's recommendations are to the
					 contrary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3077 - What are the requirements for tube-feeding formula?

Current through Reg. 49, No. 28; July 12, 2024
(a) A registered or licensed dietician,
					 physician, or a registered nurse must ensure and document that the caregiver
					 that prepares formula is adequately trained and has demonstrated competency in
					 preparing the formula.
(b)
					 Tube-feeding formulas must supply the recommended dietary allowance for each
					 child.
(c) Caregivers must prepare
					 and store the formula:
(1) According to
					 directions; or
(2) As prescribed by
					 a health-care professional.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3079 - What are the requirements for storing food?

Current through Reg. 49, No. 28; July 12, 2024
All food items must be:
(1) Covered and stored off the
					 floor;
(2) Stored on clean
					 surfaces;
(3) Protected from
					 contamination;
(4) Stored in a
					 container that is protected from insects and rodents;
(5) Refrigerated immediately after use and
					 after meals, if the food requires refrigeration; and
(6) Covered when stored in the
					 refrigerator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 5 - NUTRITION AND FOOD PREPARATION › Section 749.3081 - How must kitchen, dining areas, supplies, and equipment be maintained?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must keep furniture,
					 equipment, food contact surfaces, and other areas where food is prepared,
					 eaten, or stored clean and well repaired.
(b) Utensils and containers intended for
					 one-time use, such as paper and plastic dishes, must not be used more than
					 once.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3101 - What are the requirements for the vehicles used to transport foster children?

Current through Reg. 49, No. 28; July 12, 2024
Vehicles used to transport foster children must
						be:
(1) Maintained in safe operating
					 conditions at all times; and
(2)
					 Inspected and registered according to federal, state, and local laws.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3103 - What are the requirements for transporting foster children?

Current through Reg. 49, No. 28; July 12, 2024
The driver and all passengers must follow all federal,
						state, and local laws when driving, including laws on the use of a child
						passenger safety seat system, seat belts, and liability
						insurance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3105 - May children transport other foster children?

Current through Reg. 49, No. 28; July 12, 2024
Other children in the foster home may transport a foster
						child if the:
(1) Child driving has a
					 valid drivers license; and
(2)
					 Service planning teams for the foster children being transported and the foster
					 child transporting, if applicable, approve of the transportation
					 arrangements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3107 - May caregivers teach or supervise foster children in learning to drive?

Current through Reg. 49, No. 28; July 12, 2024
(a) With your approval,
					 caregivers may teach or supervise foster children in learning to drive. You
					 must document your approval in the child's record.
(b) Only the caregiver responsible for
					 instruction and the child(ren) learning to drive may be present in the
					 vehicle.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3109 - What are the special requirements for transporting a child who requires increased supervision or is non-ambulatory or non-mobile?

Current through Reg. 49, No. 28; July 12, 2024
(a) A sufficient number of caregivers to meet
					 the child's needs must accompany the child.
(b) Special provision(s) must be made for
					 transporting non-ambulatory and non-mobile children. When necessary, this must
					 include locks for wheelchairs and hydraulic lifts.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 6 - TRANSPORTATION › Section 749.3111 - Do the seat belt requirements prohibit transporting children in the bed of a pick-up truck or other parts of the vehicle on the foster parents' property or public roads?

Current through Reg. 49, No. 28; July 12, 2024
Yes. Children must be inside the vehicle when
						transported. The back of a pick-up truck is not considered inside the vehicle.
						Children must never be transported in the bed of a pick-up truck, while
						standing on runners, or while on the hood or trunk of any
						vehicle.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3131 - Who is responsible for complying with the requirements in this subchapter?

Current through Reg. 49, No. 28; July 12, 2024
These requirements only apply to homes that are providing
						foster care services. This includes foster homes also approved as adoptive
						homes, but does not include adoptive homes only approved for
						adoption.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3133 - What are the requirements for a swimming pool at a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(a) The caregivers must inform children about
					 house rules for use of the swimming pool and appropriate safety precautions.
					 Adult supervision and monitoring of safety features must be adequate to protect
					 children younger than 12 years of age and children of any age who are not
					 competent swimmers from unsupervised access to the swimming pool.
(b) The swimming pool must be built and
					 maintained according to the standards of the Texas Department of State Health
					 Services and any other applicable state or local regulations.
(c) The swimming pool must have a barrier,
					 including a fence or wall, that prevents a child's unauthorized access to the
					 swimming pool. A swimming pool cover does not meet this requirement unless it
					 is a power safety cover that meets the specifications of the American Society
					 for Testing Materials, which specifies safety performance requirements for pool
					 covers.
(d) A fence or wall that is
					 at least four feet high must enclose the pool area. The fence must be well
					 constructed and be installed completely around the pool area. The back wall of
					 a house may serve as one side of the fence or wall as long as the requirements
					 in subsection (f) of this section are met.
(e) Fence gates leading to the outdoor pool
					 area must be self-closing and self-latching. Gates must be locked when the pool
					 is not in use. Keys or locks to open the gate must not be accessible to
					 children under the age of 12 years old, children of any age who are not
					 competent swimmers, or any children receiving treatment services.
(f) If the home serves as one side of the
					 fence or wall, any door that leads from the home to the swimming pool area must
					 have:
(1) A door alarm; and
(2) A lock that only adults or children over
					 12 years old can reach. The lock must be completely out of the reach of
					 children younger than 12 years old, unless:
(A) the state or local fire authority
					 determines that the height of the lock violates or would violate the fire code;
					 and
(B) the fire authority's
					 determination is kept in the foster home record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3135 - What general requirements must caregivers meet for children regarding a body of water?

Current through Reg. 49, No. 28; July 12, 2024
(a) Caregivers must use
					 prudent judgment and ensure children in your care who are younger than 12 years
					 old, children of any age who are not competent swimmers, and children receiving
					 treatment services are protected from unsupervised access to water such as a
					 swimming pool, hot tub, fountain, pond, lake, creek, or other body of
					 water.
(b) If children are allowed
					 to swim in a body of water such as a river, creek, pond, or lake, the
					 supervising adult must clearly designate swimming areas.
(c) Rules governing the activity and the
					 dangers of the body of water must be explained to participants in a manner that
					 is clearly understood prior to their participation.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3137 - What are the child/adult ratios for swimming activities?

Current through Reg. 49, No. 28; July 12, 2024
(a) The maximum number of children one adult
					 can supervise during swimming activities is based on the age of the youngest
					 child in the group and is specified in the following chart:
Attached Graphic
(b) When all of the children in
					 the group are at least four years of age or older, in addition to meeting the
					 required swimming child/adult ratio listed in subsection (a) of this section,
					 at least two adults must supervise four or more children who are actually in
					 the water.
(c) When a child who is
					 non-ambulatory or who is subject to seizures is engaged in swimming activities,
					 you must assign one adult to that one child. This adult must be in addition to
					 any lifeguard on duty in the swimming area. You do not have to meet this
					 requirement if a licensed physician writes orders in which the physician
					 determines that the child:
(1) Is at low risk
					 of seizures and that special precautions are not needed; or
(2) Only needs to wear a Coast Guard approved
					 life jacket while swimming and additional special precautions are not
					 needed.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3139 - May I include volunteers or relatives who do not meet minimum qualifications for caregivers in the swimming child/adult ratio?

Current through Reg. 49, No. 28; July 12, 2024
To meet the swimming child/adult ratio, you may include
						adult volunteers and adult relatives who do not meet the minimum qualifications
						for caregivers, providing:
(1) You
					 maintain enough caregivers to meet the child/caregiver ratio required in
					 Subchapter M, Division 5 of this chapter (relating to Capacity and
					 Child/Caregiver Ratio);
(2) Persons
					 in your care do not supervise swimming activities; and
(3) You ensure compliance with all other
					 rules of this chapter, including, but not limited to, rules relating to
					 supervision and discipline.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3141 - When must a child wear a life jacket?

Current through Reg. 49, No. 28; July 12, 2024
A child must wear a life jacket when:
(1) Participating in boating
					 activities;
(2) The child is in
					 more than two feet of water and does not know how to swim; or
(3) Ordered by a physician for a child with a
					 medical problem or disability.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3143 - Must persons who are counted in the swimming child/adult ratio know how to swim and carry out a water rescue?

Current through Reg. 49, No. 28; July 12, 2024
At all times during a swimming activity, at least one
						adult counted in the swimming child/adult ratio must be able to swim, carry out
						a water rescue, and be prepared to do so in an emergency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3145 - What are the safety requirements for wading pools?

Current through Reg. 49, No. 28; July 12, 2024
Wading/splashing pools (less than two feet of water) must
						be:
(1) Stored out of children's
					 reach, when not in use;
(2) Drained
					 at least daily; and
(3) Stored, so
					 it does not hold water.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3147 - What are the requirements for a hot tub?

Current through Reg. 49, No. 28; July 12, 2024
A hot tub must be:
(1) Enclosed per the requirements in §
					 749.3133 of Title 40 (relating to What are the requirements for a pool at a
					 foster home?); or
(2) Covered with
					 a locking cover when not in use.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3149 - What must I document regarding a body of water that is on or adjacent and accessible to the premises of a foster home?

Current through Reg. 49, No. 28; July 12, 2024
You must document the following regarding a body of water
						that is on or adjacent and accessible to the premises of a foster home:
(1) Type, location, and size of the body of
					 water; and
(2) Barriers between the
					 foster home and the body of water.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 7 - SWIMMING POOLS, BODIES OF WATER, SAFETY › Section 749.3151 - Can foster parents approve a child to participate in swimming activities as an unsupervised childhood activity without complying with the rules of this division?

Current through Reg. 49, No. 28; July 12, 2024
Yes, a foster parent using the "reasonable and prudent
						parent standard" as defined in § 749.2605 of Title 40 (relating to What is
						the "reasonable and prudent parent standard"?) may approve a child to
						participate in unsupervised childhood activities (activities away from the
						foster home and the foster parents) involving swimming that do not comply with
						the rules of this Division of this subchapter (relating to Swimming Pools,
						Bodies of Water, Safety). However, depending upon the background of the child
						(for example the child's age, level of maturity and responsibility, and
						proficiency in swimming), such an approval may or may not require limitations
						like other adult supervision or the need for a life jacket when
						boating.