MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES

If your policies permit the admission of adolescent parents with their child(ren): (1) An adolescent parent must provide most of the care for her child; (2) Caregivers must be available to the adolescent parent as a resource and support; and (3) When you care for an adolescent's …

(a) You must arrange an appropriate education for each child, including: (1) Ensuring the child in care attends an educational facility or program that is approved or accredited by the Texas Education Agency, the Southern Association of Colleges and Schools, or the Texas Private …

Caregivers must: (1) Review report cards and other information received from teachers or school authorities with the child and provide necessary information to agency staff; (2) Counsel and assist the child regarding adequate classroom performance; (3) Permit, encourage, and make…

You must ensure that the educational program for a child with an autism spectrum disorder: (1) Encourages normalization through appropriate stimulation and by encouraging self-help skills; and (2) Is appropriate to the child's intellectual and social functioning. Notes 26 Tex. Ad…

(a) Caregivers must provide daily indoor and outdoor recreational and other activities appropriate to the needs, interests, and abilities of the children so every child may participate. (b) Except for written medical orders to the contrary, your programs for non-ambulatory childr…

(a) A child receiving treatment services for primary medical needs or intellectual disability must have a minimum of one hour of physical stimulation each day. (b) Training programs for non-mobile children must include development of physical fitness. This must include a variety …

A child receiving treatment services for primary medical needs or intellectual disability must have a schedule that is based on the normalization principle. In order to help the child obtain an existence as normal as possible, the daily schedule must: (1) Demonstrate an understan…

A child receiving treatment services for primary medical needs or intellectual disabilities should experience normalcy as much as possible and as appropriate for the child's special needs. This means that the child's foster parents must be routinely and personally involved with t…

(a) Only a caregiver known to and knowledgeable of a child may discipline the child. (b) Each disciplinary measure must: (1) Be consistent with your policies and procedures; (2) Not be physically or emotionally damaging to the child; (3) Be individualized to meet each child's nee…

(a) You may not use or threaten to use corporal punishment with any child in care. (b) Corporal punishment is the infliction of physical pain on any part of a child's body as means of controlling or managing the child's behavior. It includes: (1) Hitting or spanking a child with …

(a) "Unproductive work" is work that serves no purpose except to demean the child. Examples include moving rocks or logs from one pile to another or digging a hole and then filling it in. Unproductive work is never an appropriate behavior management tool. (b) "Unproductive work" …

In addition to corporal punishment, prohibited discipline techniques include, but are not limited to: (1) Any harsh, cruel, unusual, unnecessary, demeaning, or humiliating discipline or punishment; (2) Denial of mail or visits with their families as discipline or punishment; (3) …

(a) Within limits, a foster parent may restrict a child's activities as a behavior management tool. (b) Restrictions of activities, that will be imposed on a child for more than 14 days, must be reviewed with and approved by the child placement management staff or treatment direc…

No. A person in care must not discipline or punish another person in care except when babysitting under § 749.2599 of Title 40 (relating to Can a child serve as a babysitter?). Notes 26 Tex. Admin. Code § 749.1961 The provisions of this §749.1961 adopted to be effective January 1…

These terms have the following meaning in this subchapter: (1) Transitional hold--The use of a temporary restraint technique that lasts no longer than one minute as part of the continuation of a longer personal restraint. (2) Triggered review--A review of a specific child's place…

(a) If permitted in your policies and you meet the requirements of this subchapter, a caregiver may administer the following types of emergency behavior intervention to a child in your care: (1) Short personal restraint; (2) Personal restraint; and (3) Emergency medication. (b) Y…

Only a caregiver qualified in emergency behavior intervention may administer any form of emergency behavior intervention, except for the short personal restraint of a child. Notes 26 Tex. Admin. Code § 749.2053 The provisions of this §749.2053 adopted to be effective January 1, 2…

(a) Before using a permitted type of emergency behavior intervention, the caregiver must: (1) Attempt less restrictive behavior interventions that prove to be ineffective at defusing the situation; and (2) Determine that the basis for the emergency behavior intervention is: (A) A…

Generally, a short personal restraint is used in urgent situations, such as: (1) To protect the child from external danger that causes imminent significant risk to the child, such as preventing the child from running into the street or coming into contact with a hot stove. The re…

(a) When a caregiver implements a short personal restraint, the caregiver must: (1) Minimize the risk of physical discomfort, harm, or pain to the child; and (2) Use the minimal amount of reasonable and necessary physical force. (b) A caregiver may not use any of the following te…

Emergency behavior intervention may never be used as: (1) Punishment; (2) Retribution or retaliation; (3) A means to get a child to comply; (4) A convenience for caregivers or other persons; or (5) A substitute for effective treatment or habilitation. Notes 26 Tex. Admin. Code § …

According to the following chart, written orders by certain professionals are required to administer certain emergency behavior intervention: Attached Graphic Notes 26 Tex. Admin. Code § 749.2101 The provisions of this §749.2101 adopted to be effective January 1, 2007, 31 TexReg …

Yes, any type of written order that is required must be in the child's record before a caregiver can use emergency behavior intervention on that child. Notes 26 Tex. Admin. Code § 749.2103 The provisions of this §749.2103 adopted to be effective January 1, 2007, 31 TexReg 7469; t…

(a) All written orders must include the following: (1) A statement that the particular type of emergency behavior intervention may only be used in an emergency situation; (2) Designation of the specific intervention and procedure or technique that is authorized; (3) Any specific …

(a) PRN orders for certain emergency behavior interventions are permitted under the following conditions: Attached Graphic (b) If you obtain a PRN order, you must provide the parent with a copy of the PRN order within 72 hours. Notes 26 Tex. Admin. Code § 749.2107 The provisions …

(a) The use of emergency behavior intervention must be an appropriate response to the behavior demonstrated, and de-escalation must have failed. (b) The caregiver must act to protect the child's safety and consider the: (1) Characteristics of the immediate physical environment; (…

During any personal restraint, a caregiver qualified in emergency behavior intervention must: (1) Monitor the: (A) Personal restraint to make sure it is being performed appropriately; and (B) Child's breathing and other signs of physical distress; and (2) Take appropriate action …

Appropriate action includes responding prudently to a potentially life-threatening situation, for example, releasing a child when a child is unresponsive or indicates the child cannot breathe and immediately seeking medical assistance from a health-care professional. The caregive…

(a) The following personal restraint techniques are prohibited: (1) Restraints that impair the child's breathing by putting pressure on the child's torso, including restraints that obstruct the child's lungs from expanding such as leaning a child forward during a seated restraint…

(a) A caregiver may successively use emergency behavior interventions on a child only if: (1) Allowed by your policies; (2) Permitted by rules of this subchapter for both types of emergency behavior intervention; and (3) Written orders specifically allow the combination. (b) The …

The maximum length of time that certain emergency behavior interventions can be administered to a child is as follows: Attached Graphic Notes 26 Tex. Admin. Code § 749.2281 The provisions of this §749.2281 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be eff…

(a) The caregivers must take appropriate actions to help the child return to routine activities. The follow-up actions of the caregivers must include: (1) Providing the child with an appropriate transition and offering the child an opportunity to return to regular activities; (2)…

The caregiver must document the following after discussing with the child the use of the emergency behavior intervention: (1) The date and time the caregiver offered the discussion; (2) The child's reaction to the opportunity for discussion; (3) The date and time the discussion t…

(a) As soon as possible, but no later than 24 hours after the initiation of the intervention, the caregiver must document in the child's record the following information: (1) The child's name; (2) A description and assessment of the circumstances and specific behaviors that cause…

(a) As soon as possible, but no later than 72 hours after the initiation of the intervention, you must provide written notice to the parent that includes: (1) The child's name; (2) The specific emergency behavior intervention administered; (3) The length of time the child was res…

(a) The following circumstances trigger a review for certain emergency behavior interventions: Attached Graphic (b) You may exceed the number of restraints otherwise allowed in (2) Personal restraint of Figure: 40 TAC § 749.2331(a) for a child if a licensed psychiatrist or psycho…

(a) A triggered review must occur as soon as possible, but no later than 30 days after the review is triggered. (b) The regularly scheduled review of the child's service plan can serve as the triggered review if it meets the requirements in § 749.2337 of Title 40 (relating to Wha…

(a) The service planning team must participate in the triggered review. (b) You must invite the child, as appropriate, and the parents to the review, so they may have the opportunity to participate and provide input into the content of the review. However, you are not required to…

(a) Except in cases in which the regularly scheduled review of the child's service plan also addresses the requirements of a triggered review in accordance with § 749.2333(b) of Title 40 (relating to When must a triggered review occur?), a triggered review is not a full review of…

If there are four triggered reviews within a 90-day period: (1) A licensed psychiatrist, psychologist, clinical social worker, professional counselor, or marriage and family therapist must examine the child; and (2) The licensed professional must make service plan recommendations…

(a) The overall agency evaluation is an annual review regarding: (1) The use and effectiveness of emergency behavior interventions at your agency; and (2) Your emergency behavior intervention policies and procedures, including the training policy and curriculum. (b) The objective…

(a) You may verify only one spouse if: (1) The spouse whom you verify will be the only one involved in the care of any foster child in the home; (2) The spouses have been living apart for at least two years; and (3) After interviewing the spouse living outside of the foster home …

Each caregiver in a home that you verify must be at least 21 years old. Notes 26 Tex. Admin. Code § 749.2403 The provisions of this §749.2403 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective Ma…

Yes, you will have to re-verify that home in both spouse's names. Notes 26 Tex. Admin. Code § 749.2405 The provisions of this §749.2405 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 20…

(a) A home may not be verified to provide foster care services by more than one child-placing agency at one time. (b) A home may be simultaneously verified by one child-placing agency for foster care services only and approved by another child-placing agency(ies) for adoption onl…

(a) You must complete a foster home screening prior to verifying the foster home. (b) Your child placement management staff must review and approve each foster home screening. (c) The foster home screening must document: (1) Required information (see § 749.2447 of Title 40 (relat…

You must obtain, document, and assess the following information about a prospective foster home: Attached Graphic Notes 26 Tex. Admin. Code § 749.2447 The provisions of this §749.2447 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective March 1, 2008, …

(a) Interviews for a foster home screening must be documented and must include at least: (1) One individual interview with each prospective foster parent; (2) One individual interview with each child three years old or older living in the home either full- or part-time; (3) One i…

(a) You must document all interviews of persons you are required to interview for a foster home screening. (b) The documentation must include the date and method used to contact each required person, the date of each interview, who was present at each interview, their relationshi…

(a) You must update a foster home screening, as follows: (1) Under the circumstances described in § 749.307(a) of Title 40 (relating to What happens to the foster homes supervised by a branch office when the branch office closes?); (2) When there is a major life change in the fos…