Texas Administrative Code

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) A protective device: (1) Protects a person from involuntary self-injurious behavior or permits wounds to heal; and (2) Does not prohibit a person's mobility. (b) Examples of a protective device are helmets, elbow guards, mittens, and wheelchair seat belts. (c) If used appropr…

Involuntary self-injurious behavior means a person's physical movements that are automatic and not subject to control of the person's will that may inflict injury to the person. Notes 26 Tex. Admin. Code § 749.1643 The provisions of this §749.1643 adopted to be effective January …

(a) You may use protective devices if a licensed physician orders their use for a specific child. The orders must indicate the circumstances under which the protective device is permitted. (b) You may not use protective devices as: (1) Punishment; (2) Retribution or retaliation; …

A licensed physician ordering protective devices may use PRN orders. The physician must review PRN orders for protective devices at least every 90 days. Notes 26 Tex. Admin. Code § 749.1647 The provisions of this §749.1647 adopted to be effective January 1, 2007, 31 TexReg 7469; …

(a) A supportive device used: (1) To support a person's posture; (2) To assist a person who cannot obtain and/or maintain normal physical functioning to improve his mobility and independent functioning; or (3) As an adjunct to proper care and treatment, for example physical thera…

(a) You may use supportive devices if a licensed physician orders their use for a specific child. The orders must indicate the circumstances under which the supportive device is permitted. (b) You may not use a supportive device as a substitute for appropriate nursing care. (c) Y…

A licensed physician ordering supportive devices may use PRN orders. The physician must review PRN orders for supportive devices at least every 90 days. Notes 26 Tex. Admin. Code § 749.1675 The provisions of this §749.1675 adopted to be effective January 1, 2007, 31 TexReg 7469; …

These words have the following meanings in this division: (1) Baby bungee jumper--A bucket seat that is suspended from a doorway by an elastic bungee cord that allows an infant to bounce while sitting in the seat. (2) Baby walker--A baby walker allows an infant to sit inside the …

(a) Each infant must receive individual attention, including playing, talking, cuddling, and holding. (b) A caregiver must provide prompt attention to an infant's physical needs, such as feeding and diapering. (c) An infant's caregiver must ensure that the environment is safe. Fo…

An infant care area must at a minimum include the following furnishings and equipment: (1) An individual crib for each infant; and (2) A sufficient number of toys to keep each child engaged in activities. Notes 26 Tex. Admin. Code § 749.1805 The provisions of this §749.1805 adopt…

(a) All cribs must have: (1) A firm, flat mattress that snugly fits the sides of the crib. The mattress must not be supplemented with additional foam material or pads; (2) Sheets that fit snugly and do not present an entanglement hazard; (3) A mattress that is waterproof or washa…

A foster home may use a full-size, portable, or mesh-side crib if: (1) Caregivers follow the manufacturer's instructions; (2) The crib has: (A) Mesh that is securely attached to the top rail, side rail, and floor plate; and (B) Folded sides that securely latch in place when raise…

(a) A high chair, swing, stroller, infant carrier, rocker, bouncer seat, or a similar type of equipment that a foster home uses for an infant must be equipped with safety straps; and (b) The safety straps must be fastened whenever the infant is using the equipment. Notes 26 Tex. …

(a) A foster home may not use any of the following types of equipment with infants: (1) Baby walkers; (2) Baby bungee jumpers; (3) Accordion safety gates; (4) Toys that are not large enough to prevent swallowing or choking; and (5) Bean bags, waterbeds, and foam pads for use as s…

(a) Caregivers must place an infant not yet able to turn over on his own in a face-up sleeping position unless a health-care professional orders otherwise. You must keep any orders from a health-care professional in the child's record. (b) An infant's head, face, or crib must not…

You may not allow an infant to sleep in a restrictive device. If an infant falls asleep in a restrictive device, you must remove the infant from the device and place the infant in a crib as soon as possible. Notes 26 Tex. Admin. Code § 749.1817 Adopted by Texas Register, Volume 4…

(a) Caregivers must feed an infant based on the recommendations of the infant's health-care professional. (b) Unless recommendations from the service team are contrary, caregivers must hold the infant while feeding an infant that is: (1) Birth through six months old; or (2) Unabl…

You may not lay a swaddled infant down to sleep or to rest on any surface at any time, unless you have an order signed by a health-care professional. You must keep the order in the child's record. Notes 26 Tex. Admin. Code § 749.1821 Adopted by Texas Register, Volume 46, Number 1…

(a) Each toddler must receive individual attention, including playing, talking, and cuddling. (b) A toddler's caregiver must ensure that the environment is safe. For example, free the area of objects that may choke or harm the toddler, take measures to prevent electric shock, fre…

You must: (1) Ensure information, training, and counseling is available regarding health aspects of pregnancy, preparation for child birth, and recovery from child birth; (2) Ensure the pregnant child receives nutritional counseling and guidance that meets generally accepted stan…

If your policies allow for the use of personal restraints and you have a pregnant child in care: (1) The health-care professional attending to the child's pregnancy must document whether any type of emergency behavior intervention that your policies allow is inadvisable; and (2) …

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 …