Texas Administrative Code

The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: (1) Abuse--As defined in the Texas Family Code, § 261.001(1) (relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707, Subch…

(a) Except as specified in subsection (c) of this section, a general residential operation located in a county with a population of less than 300,000 must meet the public notice and hearing requirements when applying for a license. (b) Except as specified in subsection (c) of thi…

These words have the following meanings: (1) CBCU--The Centralized Background Check Unit is a subdivision of Licensing that conducts background checks and risk evaluations. (2) Central Registry--A Texas Department of Family and Protective Services (DFPS) database of persons who h…

The different types of background checks are described in the following table: Attached Graphic Notes 26 Tex. Admin. Code § 745.607 Adopted by Texas Register, Volume 43, Number 50, December 14, 2018, TexReg 8143, eff. 1/13/2019; transferred effective July 15, 2019, as published i…

(a) Except as described in subsection (b) of this section, persons required to have a background check under §745.605 of this division (relating to For whom must I submit requests for background checks?) must have the following types of background checks: (1) As further described…

The CBCU may place conditions or restrictions on a subject's presence at an operation that the CBCU determines to be necessary to protect the health or safety of children, including in the following situations: (1) While the subject's out-of-state criminal history check or out-of…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

After an operation has submitted a request for a background check, the subject of a background check may request a risk evaluation when the CBCU has provided the subject with written notice that the subject is eligible for a risk evaluation for a criminal conviction, child abuse …

Licensing considers the following factors when determining if a person, including the subject of a background check, or an operation is an immediate threat to the health or safety of children: (1) The severity of the deficiency, including abuse or neglect; (2) The circumstances s…

(a) You must meet the background check requirements that are part of the administrator's licensing process in Subchapter N of this chapter (relating to Administrator's Licensing). (b) In addition to complying with the criminal conviction requirements specified in § 745.661(a)(1) …

These words have the following meanings in this subchapter: (1) Foster family home--A home that is the primary residence of the foster parent or parents and provides care to six or fewer children or young adults, under the regulation of a child-placing agency. Also referred to as…

We can provide most portions of a child care record to the public. However, the following lists the portions of a child care record that are confidential and will not be released to the public in any manner, unless noted as an exception in §745.8487 of this division (relating to …

(a) An administrative review is an informal review that determines whether a decision or action was appropriate under applicable laws and rules. An administrative review is not a formal hearing and does not involve formal examination and cross-examination of witnesses. (b) If you…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) The following chart describes who may request an administrative review to dispute a decision or action: Attached Graphic (b) An owner, partner, governing body, director, licensed administrator, or designee of an operation may not request an administrative review to dispute: (…

(a) To request an administrative review, a person must submit a written request by regular mail, email, or fax to the name and address indicated in the notification letter or inspection report. (b) The written request must: (1) Describe the specific decision or action that the re…

(a) A person waives the right to an administrative review by: (1) Failing to meet the requirements of §745.8805 of this division (relating to How does a person request an administrative review?); or (2) Submitting a written statement stating that the person waives the right to th…

(a) Administrative Reviews are conducted by Texas Health and Human Services Commission Child Care Enforcement (Regulatory Enforcement). (b) The person conducting an administrative review must not have: (1) Directly supervised the person making the decision or action or conducting…

(a) The person conducting an administrative review may conduct the review by telephone conference, including virtual conferencing, or in a face-to-face meeting at the person's office. (b) Within 10 calendar days after receiving a request that meets the requirements of §745.8805 o…

(a) The person conducting an administrative review may uphold, overturn, or alter the decision or action. The person alters the decision or action by modifying it after assessing the relevant information available at the end of the review. For example, if the disputed decision un…

(a) The person conducting the administrative review will prepare and send a written decision to the requestor within the following timeframes, unless the person determines good cause exists to extend the relevant timeframe: (1) Within 21 calendar days of conducting the telephone …

(a) The following chart describes who may request a due process hearing to dispute a decision or action: Attached Graphic (b) An owner, partner, governing body, director, licensed administrator, or designee of an operation may not request a due process hearing to dispute:(1) An a…

(a) If your operation is a residential treatment center, you must post the "No Trespassing" signs required by subsections (b) and (c) of this section. (b) You may create your own "No Trespassing" signs or use the ones we provide you, but the signs must: (1) State that entry to th…

Regarding the "No Trespassing" signs described in § 748.3319 of this chapter (relating to What "No Trespassing" signs must I post if my operation is a residential treatment center?), you: (1) Must ensure each "No Trespassing" sign is legible and reflects under whose authority the…

(a) Before hiring an applicant for a position, you must: (1) Obtain in writing the applicant's employment history for the last five years, which may include: (A) Any history for an applicant who has not continuously been employed during the last five years; or (B) A statement tha…

The general pre-service training must include the following curriculum components: (1) Topics appropriate to the needs of children for whom the caregiver will be providing care, such as developmental stages of children, fostering children's self-esteem, constructive guidance and …

(a) You must protect the rights of children while they are in foster care or in adoptive placement prior to the consummation of the adoption. (b) You must ensure that a caregiver or an adoptive parent, prior to consummation of the adoption, does not restrict or deny a child's rig…

(a) A child's rights are cumulative of any other rights granted by law or other Licensing rules. (b) The following categories include the child's rights that you must adhere to: (1) Safety and care, including: (A) The right to good care and treatment that meets the child's needs …

(a) Within seven days after you admit a child into your agency, you must review the childs rights with the child and a childs parent, unless the parents consent is not required. You must also provide the child and a childs parent with a written copy of the childs rights. (b) Chil…

(a) A child must have an appropriate education through participation in an educational/vocational program in the most appropriate and least restrictive educational settings, for example: attending regular classes conducted in an accredited elementary, middle, or secondary school …

(a) You must allow contact between a child and his parent whose parental rights have not been terminated according to: (1) Your policies; and (2) The provisions of a court order or any visitation agreement. (b) You must document in the child's record: (1) Any plans for contact be…

(a) A child must have a reasonable opportunity for sibling visits and contacts in an effort to preserve sibling relationships. (b) You must address plans for sibling visits and contacts in the childs record. (c) When you restrict sibling contact, you must include justification in…

(a) Except as determined by child placement management staff or the child's parent, you may not: (1) Open or read the child's incoming or outgoing mail, including electronic mail, unless necessary to assist the child with reading or writing; or (2) Listen to or screen the child's…

(a) A child's possessions must be free of unreasonable searches and unreasonable removal of personal items. (b) You may search a child, his possessions, or his room only when you have reasonable suspicion: (1) Of the presence of a prohibited item or an item that endangers the chi…

With the exception of a child's mouth, a caregiver may not conduct a body cavity search of a child in care. Notes 26 Tex. Admin. Code § 749.1017 The provisions of this §749.1017 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as publi…

A caregiver must document the following in the child's record when conducting a search if it results in the removal of personal items or clothing worn by the child: (1) The date of the search; (2) The name of the child; (3) Reason for the search; (4) A description of what was sea…

Certain techniques must not be used on a child, including: (1) Chemical restraints, mechanical restraints, and seclusion. For more information on emergency behavior intervention, see Subchapter L of this chapter (relating to Foster Care Services: Emergency Behavior Intervention);…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) You may only admit children or young adults who meet your admission policy guidelines and whose needs you can meet. If you adopt a change in your admission policies that requires a change in the conditions of your permit, you must request an amendment to your permit with us. …

(a) A young adult may remain in your care until his 23rd birthday in order to: (1) Transition to independence, including attending college or vocational or technical training; (2) Attend high school, a program leading to a high school diploma, or GED classes; (3) Complete your pr…

(a) You may admit a young adult into your transitional living program. (b) For other programs or services, the young adult must: (1) Come immediately from another residential child-care operation if the reason for admittance is consistent with a condition listed in § 749.1103 of …

(a) You must include the following in the child's record at the time of admission: (1) The child's name, gender, race, religion, and date of birth; (2) The name, address, and telephone number of the managing conservator, the primary caregivers for the child, any person with whom …

(a) A placement agreement is your agreement with a child's parent or the child that defines your roles and responsibilities and authorizes you to obtain or provide services for the child. The placement agreement must include: (1) Authorization permitting you to care for the child…