TITLE 40. SOCIAL SERVICES AND ASSISTANCE

PART 19. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES

CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS

The Texas Health and Human Service Commission (HHSC) adopts on behalf of the Department of Family and Protective Services (DFPS), amendments to §§748.3, 748.43, 748.61, 748.65, 748.191, 748.301, 748.303, 748.309, 748.313, 748.315, 748.361, 748.363, 748.393, 748.395, 748.505, 748.533, 748.535, 748.539, 748.563, 748.571, 748.575, 748.605, 748.681, 748.721, 748.725, 748.729, 748.801, 748.861, 748.867, 748.869, 748.883, 748.885, 748.935, 748.937, 748.939, 748.941, 748.943, 748.945, 748.985, 748.987, 748.1009, 748.1013, 748.1021, 748.1103, 748.1109, 748.1117, 748.1119, 748.1205, 748.1207, 748.1209, 748.1211, 748.1213, 748.1215, 748.1217, 748.1219, 748.1223, 748.1225, 748.1263, 748.1269, 748.1303, 748.1331, 748.1335, 748.1337, 748.1341, 748.1345, 748.1349, 748.1351, 748.1381, 748.1385, 748.1389, 748.1433, 748.1435, 748.1437, 748.1501, 748.1531, 748.1539, 748.1541, 748.1543, 748.1549, 748.1551, 748.1581, 748.1661, 748.1695, 748.1697, 748.1741, 748.1743, 748.1751, 748.1757, 748.1759, 748.1761, 748.1763, 748.1791, 748.1793, 748.2003, 748.2009, 748.2053, 748.2101, 748.2151, 748.2231, 748.2233, 748.2309, 748.2401, 748.3015, 748.3017, 748.3351, 748.3353, 748.3357, 748.3365, 748.3601, 748.3603, 748.3701, 748.3705, 748.3751, 748.3753, 748.3757, 748.3765, 748.3801, 748.3891, 748.3931, 748.4043, 748.4045, 748.4213, 748.4261, 748.4265, 748.4301, 748.4403, 748.4471, and 748.4473; the repeals of §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.131, 748.133, 748.161, 748.163, 748.231, 748.233, 748.235, 748.237, 748.239, 748.241, 748.307, 748.341, 748.435, 748.501, 748.727, 748.731, 748.1101, 748.1105, 748.1753, 748.1765, 748.3481, 748.3535, 748.3567, 748.4041, and 748.4047; and new §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.113, 748.115, 748.117, 748.119, 748.121, 748.123, 748.125, 748.127, 748.129, 748.151, 748.153, 748.155, 748.157, 748.161, 748.341, 748.343, 748.345, 748.347, 748.724, 748.731, 748.1101, 748.1340, 748.1386, 748.1753, 748.1765, and 748.4041 in Chapter 748, Minimum Standards for General Residential Operations, concerning a comprehensive review. The amendments to §§748.43, 748.303, 748.801, 748.937, 748.939, 748.1263, 748.1349, 748.1543, 748.1695, 748.1757, 748.2009, 748.2233, 748.2309, 748.3365, 748.3603, and 748.3757, and new §748.113 and §748.724; are adopted with changes to the proposed text in the August 26, 2016, issue of the Texas Register (41 TexReg 6409). The amendments to §§748.3, 748.61, 748.65, 748.191, 748.301, 748.309, 748.313, 748.315, 748.361, 748.363, 748.393, 748.395, 748.505, 748.533, 748.535, 748.539, 748.563, 748.571, 748.575, 748.605, 748.681, 748.721, 748.725, 748.729, 748.861, 748.867, 748.869, 748.883, 748.885, 748.935, 748.941, 748.943, 748.945, 748.985, 748.987, 748.1009, 748.1013, 748.1021, 748.1103, 748.1109, 748.1117, 748.1119, 748.1205, 748.1207, 748.1209, 748.1211, 748.1213, 748.1215, 748.1217, 748.1219, 748.1223, 748.1225, 748.1269, 748.1303, 748.1331, 748.1335, 748.1337, 748.1341, 748.1345, 748.1351, 748.1381, 748.1385, 748.1389, 748.1433, 748.1435, 748.1437, 748.1501, 748.1531, 748.1539, 748.1541, 748.1549, 748.1551, 748.1581, 748.1661, 748.1697, 748.1741, 748.1743, 748.1751, 748.1759, 748.1761, 748.1763, 748.1791, 748.1793, 748.2003, 748.2053, 748.2101, 748.2151, 748.2231, 748.2401, 748.3015, 748.3017, 748.3351, 748.3353, 748.3357, 748.3601, 748.3701, 748.3705, 748.3751, 748.3753, 748.3765, 748.3801, 748.3891, 748.3931, 748.4043, 748.4045, 748.4213, 748.4261, 748.4265, 748.4301, 748.4403, 748.4471, and 748.4473, the repeals of §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.131, 748.133, 748.161, 748.163, 748.231, 748.233, 748.235, 748.237, 748.239, 748.241, 748.307, 748.341, 748.435, 748.501, 748.727, 748.731, 748.1101, 748.1105, 748.1753, 748.1765, 748.3481, 748.3535, 748.3567, 748.4041, and 748.4047, and new §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.115, 748.117, 748.119, 748.121, 748.123, 748.125, 748.127, 748.129, 748.151, 748.153, 748.155, 748.157, 748.161, 748.341, 748.343, 748.345, 748.347, 748.731, 748.1101, 748.1340, 748.1386, 748.1753, 748.1765, and 748.4041, are adopted without changes to the proposed text published in the August 26, 2016, issue of the Texas Register (41 TexReg 6409) and will not be republished. Also in this issue of the Texas Register, DFPS is withdrawing the amendment to §748.2307. DFPS agrees with a commenter that "screaming" is too open for interpretation.

BACKGROUND AND JUSTIFICATION

The justification of the amendments, repeals, and new sections is to implement Texas Human Resources Code (HRC) §42.042(b), which requires CCL to conduct a comprehensive review of all rules and minimum standards every six years. The changes are a result of the comprehensive review of all minimum standards located in Chapter 748.

During this review of standards, CCL's goal was to balance the concerns of child advocacy groups, general residential operations, children, and parents to formulate standards that promote the safety of every child in care.

In preparation for the review of minimum standards, CCL conducted a web-based survey open to permit holders, caregivers, advocates, parents, and anyone in the general public interested in commenting on the standards. The survey was available for public input from late August through December 2014. The next step in the review was to hold a series of 13 stakeholder forums throughout the state between September and November 2015 to solicit additional input from the public about changes to the minimum standards.

Between the web-based survey and the stakeholder forums, CCL received almost three hundred comments (for both Chapters 748 and 749, Minimum Standards for Child-Placing Agencies) from stakeholders for consideration in the review. These comments, along with a line-by-line review of all minimum standards conducted by both regional and State Office Licensing staff, formed the basis of the first round of recommendations that were presented to a temporary workgroup. The temporary workgroup, comprised of 13 participants, including providers from child-placing agencies and general residential operations and representatives from Child Protective Services, Residential Contracts, and Licensing, met twice on December 16, 2015, and February 2, 2016. The workgroup reviewed and provided additional comments regarding the recommendations.

The amendments, repeals, and new sections will function to: (1) clarify the Minimum Standards for General Residential Operations (GROs); (2) place DFPS in compliance with HRC §42.042(b); and (3) reduce the risk to children.

COMMENTS

The 30-day comment period ended September 26, 2016. During this period, DFPS received 16 comments from six commenters: Texas Boys Ranch, Breathable Baby, the Coalition for Nurses in Advanced Practice, Devereux Advanced Behavior Health, The Settlement Home for Children, and One Voice Texas. A summary of the comments relating to the rules and DFPS' responses follow.

No comments concerning §748.43(64). However, DFPS adopts this paragraph of the rule with changes to clarify the definition of "substantial physical injury" by changing "substantial" to "serious" when discussing evidence of a physical injury to make the language in the definition consistent throughout.

No comments concerning §748.113(9). However, DFPS adopts this rule with changes in response to a comment received regarding a sister rule in Chapter 749. DFPS is clarifying the language to make it clear that a "child in care" is included amongst individuals against whom retaliation is prohibited.

Comments concerning §748.303(a)(9): There was one comment (and two additional comments from two other commenters that were received regarding a sister rule in Chapter 749) regarding reporting as a serious incident when a child 13 and older is absent from the foster home and still missing for more than two hours (previously 24 hours). The commenters stated that teens often leave without permission to clear their heads; there are some 16 year-olds that are practicing independent living skills and participating in normalcy activities in the community, such as riding the bus, going to school events after school, and working, and these teens may push the boundaries of their "curfews" and agreed upon times to return; 85% of teens return within two hours, 95% of teens come back within 4-6 hours, and very rarely does a teen stay gone for more than 24 hours; reporting these incidents will increase the workload for hotline intakes, which already take 30 minutes or more to answer a phone call; police will not take a report until it has been 24 hours; this will hurt a child's chances for a placement if they have a lot of run-away history; and one commenter recommended making the time frame 5 hours instead of 2.

Response: DFPS agrees in part and disagrees in part with the commenter and adopts this paragraph of the rule with changes. The National Center for Missing and Exploited Children (NCMEC) are the experts in this area, and NCMEC states that the quicker children are reported, the more likely and quickly they will be found. Also, law enforcement must take reports on missing children and must report the child to the National Crime Information Center (NCIC) database immediately. The Department of Public Safety Crimes Against Children Unit has been calling law enforcement agencies all over Texas to remind them of this duty. With that said, DFPS understands the need to give teenagers space, especially in relation to independent living and normalcy. DFPS also understands that GROs need the ability to make prudent parenting decisions. DFPS is adopting a six hour time frame for reporting, but adding information that if a child has been alleged or determined to be a trafficking victim or you believe the child has been abducted or has no intention of returning to the foster home, then you must report this absence immediately. DFPS is also adding information regarding prudent decision making to a Helpful Information box located on the DFPS public website version of the minimum standards immediately following this rule.

Comment concerning §748.363(7): The commenter would like to require employees to be trained on a GRO's operational policies, rather than just requiring that employees read these policies. The commenter stated that for adults reading is not an effective way to learn.

Response: DFPS agrees with the commenter, but adopts this rule without changes. DFPS agrees that training on the operational policies is important and a better method of learning, but §748.831(a)(1) currently requires a GRO to provide orientation that covers an operation's policies. In addition, training on operational policies can also be provided during general pre-service training or annual training. Additional specificity is not needed at this time.

Comment concerning §748.539: Concerning when an administrator is absent on a frequent and/or extended basis the administrator must designate another employee with an administrator's license to be responsible for the operation, the commenter requested that the terms "frequent and/or extended basis" be better defined.

Response: DFPS agrees with the commenter, but adopts this rule without changes. DFPS believes it would be more prudent to allow more time to work with GROs and advocates in an effort to develop appropriate definitions for "frequent and/or extended basis", and then propose the specific definitions to place all GROs and advocates on notice and to them an opportunity to comment on any proposed definitions.

Comment concerning §748.721: The commenter asks how the system will manage multiple witnesses reporting the same abuse/neglect incident. The commenter also wants to know if an administrator must report to DFPS abuse/neglect witnessed by a volunteer that has already been reported by the volunteer.

Response: DFPS adopts this rule without changes. In response to the commenter's questions, Family Code §261.101 requires all persons to report abuse and neglect when the person believes the child has been abused or neglected. The current reporting system already has in place a mechanism for merging the same reports. An administrator should make the report to DFPS, because the administrator cannot know for sure that the volunteer made the report, and the incident is required to be reported as a serious incident.

No comments concerning §748.724. However, DFPS adopts this rule with changes to correct a typographical error.

No comments concerning §748.801. However, DFPS adopts this rule with changes as noted below in the response to comments concerning §748.937(d).

No comments concerning §748.937(d). However, DFPS adopts this rule with changes in response to a comment received to a sister rule in Chapter 749 relating to a concern about increasing the number of self-instructional training hours that are allowed, and to make the rules consistent with the sister rule in Chapter 749. DFPS adopts three changes to further clarify these issues: (1) §748.801 is being changed to add a definition for "self-study training", which is non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training. The definition for "self-instructional training" is also being changed to clarify that self-study training is a type of self-instructional training; (2) §748.937(d) is being clarified further to state that no more than three hours of the self-instructional training may come from self-study training; and (3) the training requirements in §748.939 are being clarified so it is clear that they apply to instructor-led training and self-instructional training, but not self-study training.

No comments concerning §748.939. However, DFPS adopts this rule with changes as noted above in the response to comments concerning §748.937(d).

Comment concerning §748.1101(b)(1)(C): The commenter stated the laundry list of discrimination grounds should not be deleted. Rather, all of the discrimination grounds, including sexual orientation and gender identity, should be listed to clearly outline what is prohibited.

Response: DFPS disagrees with the commenter, and adopts the subparagraph of this rule without changes. DFPS is committed to making sure there is no discrimination, but a laundry list is complicated, confusing, and not all encompassing. What is important is that a child be treated fairly in all situations.

Comment concerning §748.1101(b)(3)(C): The commenter stated that the language of this rule ("The right to have the child's religious needs met. The child has the right to choose a church or not to practice a religion.") was troublesome and would be problematic for faith-based organizations. Many residential care agencies are faith-based. These policies and contract mandates restrict operations and compound the problems of the Texas foster care system.

Response: DFPS agrees with the commenter, but adopts this rule without changes. Before publication of this rule, the language of this rule was modified and was published to say "The right to have the child's religious needs met", which is the language that was used in the previous rule that was in place for the last ten years. This meets the intent to protect the child's right to practice a religion consistent with the child's belief system without unnecessary and prescriptive language in the rule.

Comments concerning §748.1219(3)(A) and 748.1551: The commenter recommended that advanced practice registered nurses (APRNs) be able to sign written orders for the admission of children with primary medical needs into a GRO, and allow APRNs to review a child's primary medical needs.

Response: DFPS agrees with the commenter, but adopts these rules without changes. DFPS believes it would be prudent to propose these changes in the future to place GROs and physicians on notice and to allow GROs and physicians an opportunity to comment on any changes to the rules.

No comments concerning §748.1349. However, DFPS adopts this rule with changes to clarify the language in the rule.

Comment concerning §748.1539(c): The commenter proposes that a GRO be allowed 30 days after admission in all situations to obtain immunization records, because there are several circumstances besides the child being homeless or in foster care when a child's immunization records cannot be obtained immediately. Re-immunizing children multiple times carries a medical risk and should be avoided. And the referral to a health-care professional should be to "restart" the immunizations rather than to "obtain" the immunizations.

Response: DFPS disagrees with the commenter, and adopts these rules without changes. Provisional enrollment of a child without meeting immunization requirements is specified in the Department of State Health Services (DSHS) rules. Those rules only allow for provisional enrollment for children who are homeless or in foster care. No other option is available under law. Those rules also specify that the student should be promptly referred to an appropriate health care provider to "obtain" the required vaccinations/immunizations.

Comment concerning §748.1543: The commenter stated that DSHS uses an immunization record format that does not require the address and phone number of the health-care professional that administered the vaccine, and this information is not likely to be available.

Response: DFPS agrees with the commenter, and adopts this rule with changes. While the proposed rule does not mention phone numbers, it does require an address. DFPS agrees the DSHS rules do not require addresses, but do require clinic contact information if the immunization record was generated from an electronic health record system. DFPS has reorganized this proposed rule regarding the documentation requirements for immunization records to delete the address requirement, add the clinic contact information, simplify and clarify the language of the rule, and make this rule consistent with its sister rules in Chapters 744 and 746.

No comments concerning §748.1695. However, DFPS adopts this rule with changes to replace "child" with "infant".

Comment concerning §748.1757(b) and (c) [proposed as §748.1757(a)(6)]: As proposed, the rule added language to an existing rule enumerating types of products not allowed in a crib for an infant younger than 12 months of age. Of particular relevance to this rule, DFPS proposed adding a clarification that crib bumpers, which were not allowed under prior rule and interpretation, included "mesh bumpers." The commenter stated that there is a difference between bumper pads/mesh bumpers and mesh liners. The commenter disputed CCL's rationale for the changes that liners pose risks to children in care. According to the commenter, mesh liners prevent an infant's limbs from being entrapped between the crib slats. In addition, the mesh liners are much more permeable (from 14 to 46 times more permeable) than bumper pads and are not a risk for suffocation. The commenter provided studies they paid for to support both of these points, which conclude that for 13 plus years there have been no known injuries or deaths as a result of the mesh liners. The commenter expressed concern that there was no definition for bumper pads. One solution suggested was to ban bumper pads (including mesh bumpers) that incorporate any padding or other materials that are more than 12mm in thickness. The commenter indicated that were DFPS to adopt a ban on all types of bumpers and liners, the agency would be out of step with current research and pending action on the part of the Consumer Products Safety Commission (CPSC).

In addition, the commenter voiced concerns regarding whether DFPS complied with the Administrative Procedures Act in the proposal of the rule. Specifically, the commenter complained that product manufacturers were not specifically included in the preparatory outreach DFPS conducted prior to the rule's proposal in the Texas Register. The commenter next took issue with the fact that the rule proposal had an incorrect cite regarding the statutory authority under which the rules were proposed, which the commenter indicated delayed their assessment of the impact of the rule. Finally, the commenter also expressed that fiscal implications to manufacturers should have been calculated as a part of DFPS' fiscal impact analysis.

Response: DFPS recommends that the rule be adopted with changes. The DFPS rationale for the rule change is based on existing research that states that the safest course for a sleeping infant is a bare crib. However, DFPS agrees that the language could be clarified. First, DFPS determined it would be of maximum clarity to the public to reiterate the agency's stance, which mirrors that of the American Academy of Pediatrics (AAP) and the agency's own safe sleep campaigns that to be as safe as possible, the crib must be bare of anything other than a tight fitting sheet. Second, DFPS is clarifying, as the AAP has noted, that a crib mattress cover used to protect against wetness is also allowable if the cover is specifically designed for the crib and crib mattress, tight fitting, thin, and not designed to make the sleep surface softer Lastly, rather than specifically enumerating any particular product, DFPS has concluded that it would be of maximum aid to the public's understanding to simply restate the basic principle that only a tight fitting sheet, or mattress cover if appropriately used, are allowed in a crib for an infant under 12 months.

DFPS carefully reviewed the information provided by the commenter, along with other available information regarding safe sleep; arranged a meeting with the commenter and high level agency staff; and have continued dialogue regarding the rule on an ongoing basis. However, DFPS continues to view the safest mode of sleep for an infant is a crib with nothing other than a bare sheet, which has been the agency's historical interpretation of this rule without the clarification DFPS proposed. While CPSC may propose safety standards for alternatives to crib bumpers in the future, and while it is true that some states have carved mesh liners from their prohibitions, DFPS is committed to reviewing and applying existing research with an eye to maximum child protection. A close reading of the most recent CPSC information provided by the commenter indicates that while the concern of suffocation with bumper pads may not be as great with alternatives to bumper pads (mesh liners and vertical bumpers), there is still a lingering concern regarding alternatives to bumper pads being a strangulation hazard.

DFPS has concluded that the current CPSC review supports a ban of all bumpers and alternatives. Should the CPSC revisit their conclusions, CCL remains open to revisiting the corresponding regulations. However, in addition to the CPSC review, the American Academy of Pediatrics updated their guidelines regarding safe sleep as recently as October 24, 2016 and continues to recommend that for the maximum safety of infants, cribs be bare. While not specifically differentiating between cloth bumpers and mesh liners or other alternatives, the AAP's recommendations for the crib do not suggest that anything beyond a tight fitting sheet and possibly a tight fitting thin mattress cover if needed to protect the mattress against wetness. See http://pediatrics.aappublications.org/content/early/2016/10/25/peds.2016-2938.

Furthermore, in proposing this rule DFPS complied with the requirements of the Administrative Procedures Act. While product manufacturers were not specifically sought out for input prior to the rule's publication in the Texas Register, the requirements of the APA are that the public be put on notice of the rule in the proposal, not beforehand. Moreover, DFPS conducted a web-based survey from August - December 2014, held 13 stakeholder forums from September - November 2015, and met with two temporary workgroups in December 2015 and February 2016. In addition, while it would have been preferable for DFPS to list the correct statutory citation for rulemaking authority in the preamble as proposed, that requirement goes to whether DFPS had the statutory authority to take the action that it did, which is not in dispute. In addition, DFPS complied with the Act's directive to include in the preamble an explanation of the rule as well as the contents of the rule. Tex. Gov't Code §2001.024(a)(1) and -(2). Public notice is effectuated through those requirements and not the listing of statutory authority, as evidenced by the fact that the commenter determined the subject matter of the rule and submitted comments within the public comment period. Finally, the APA requires DFPS to consider the economic impact of the rule on those required to comply with the rule. Tex. Gov't Code §2001.024(a)(5). In any event, DFPS was not modifying its interpretation but clarifying existing practice. Nor is DFPS affecting the manufacture or sale of mesh liners in the marketplace generally. DFPS is regulating the use of mesh liners only within the small subset of Texas general residential operations subject to its regulatory authority.

Comment concerning §748.2009(a)(2): The commenter discussed this rule, which requires the GRO to inform a child's physician of the administration and dosage of non-prescription medication and supplements to ensure there is not a contraindication with prescribed medication or the condition of the child. The commenter recommends broadening the term "physician" to "prescribing health-care professional", which would include an advanced practice registered nurse or physician's assistant that prescribes medication. The change would allow the relevant health-care professional to be informed of the administration and dosage of non-prescription medication and supplements and provide the most up to date information on the child.

Response: DFPS agrees with the commenter and adopts this rule with changes. The language of "prescribing health-care professional" has been incorporated into the rule.

Comment concerning §748.2053: The commenter states the rule says "child", but wants further clarification on whether this standard regarding medication dosage for a self-medication program applies to residents who are 18 years and older.

Response: DFPS adopts this rule without changes. In response to the commenter's question, the rule only applies to children. All of the minimum standards are only monitored for and only apply to children in care and do not apply to adults in care, with very rare exceptions. For example, Subchapter G regarding Child/Caregiver Ratios specifically states that the ratios apply to adult residents.

No comments concerning §748.2233(b)(2). However, DFPS adopts this rule with changes to clarify that when reporting serious side effects to the health-care professional, the reporting should be to a "prescribing" health-care professional.

Comment concerning §748.2307(8): The commenter is concerned that "screaming" at a child will be at times too open to interpretation, especially in crisis situations and when a firm voice tone is needed.

Response: DFPS agrees with the commenter, and is withdrawing the amendment.

No comments concerning §748.2309(b). However, DFPS adopts this rule with changes to correct a typographical error.

Comment concerning §748.3365: The commenter would like temporary exceptions not in the child's bedroom to allow a mattress to be on the floor when additional support/supervision of the child is needed, especially when a child is a danger to self or others.

Response: DFPS agrees with the commenter, and adopts this rule with changes. DFPS agrees that in certain situations a child will need additional supervision, which may entail a child sleeping in other areas when the child is sick or needs additional supervision. The rule has been changed to clarify that a bed in the child's bedroom must elevate the mattress off the floor, and other wording has been changed to clarify that the linen requirements apply in all situations.

Comment concerning §748.3603(m): The commenter wanted clarification on the intent of the standard, assuming it means to protect children from entering the pool area versus exiting the pool area. Please clarify that furniture inside the fencing is not subject to this rule.

Response: DFPS agrees with the commenter, and adopts this rule with changes. DFPS clarified the rule to state that it is only applies to areas outside of the fence around the pool to keep a child from entering the pool area.

No comments concerning §748.3757. However, DFPS recommends a change to clarify that subsection (b) is only applicable when all of the children in the group are four years of age and older and to clarify in that situation at least two adults must supervise four or more children who are actually in the water.

SUBCHAPTER A. PURPOSE AND SCOPE

40 TAC §748.3

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606273

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER B. DEFINITIONS AND SERVICES

DIVISION 1. DEFINITIONS

40 TAC §748.43

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.43.What do certain words and terms mean in this chapter?

The words and terms used in this chapter have the meanings assigned to them under §745.21 of this title (relating to What do the following words and terms mean when used in this chapter?), unless another meaning is assigned in this section or unless the context clearly indicates otherwise. The following words and terms have the following meanings unless the context clearly indicates otherwise:

(1) Accredited college or university--An institution of higher education accredited by one of the following regional accrediting entities:

(A) The Southern Association of Colleges and Schools Commission on Colleges, a subdivision of the Southern Association of Colleges and Schools;

(B) The Middle States Commission on Higher Education, a component of the Middle States Association of Colleges and Schools;

(C) The Commission on Institutions of Higher Education, a subdivision of the New England Association of Schools and Colleges;

(D) The Higher Learning Commission (formerly part of the North Central Association of Colleges and Schools);

(E) The Northwest Commission on Colleges and Universities;

(F) The Accrediting Commission for Senior Colleges and Universities, a subdivision of the Western Association of Schools and Colleges; or

(G) The Accrediting Commission for Community and Junior Colleges, a subdivision of the Western Association of Schools and Colleges.

(2) Activity space--An area or room used for child activities.

(3) Adaptive functioning--Refers to how effectively a person copes with common life demands and how well the person meets standards of personal independence expected of someone in his particular age group, sociocultural background, and community setting.

(4) Adult--A person 18 years old or older.

(5) Caregiver--A person counted in the child/caregiver ratio, whose duties include the direct care, supervision, guidance, and protection of a child. This does not include a contract service provider who:

(A) Provides a specific type of service to your operation for a limited number of hours per week or month; or

(B) Works with one particular child.

(6) Certified lifeguard--A person who has been trained in rescue techniques, lifesaving, and water safety by a qualified instructor from a recognized organization that awards a certificate upon successful completion of the training. A certified lifeguard ensures the safety of persons by preventing and responding to water related emergencies.

(7) Chemical restraint--A type of emergency behavior intervention that uses chemicals or pharmaceuticals through topical application, oral administration, injection, or other means to immobilize or sedate a child as a mechanism of control. The use of a medication is not a chemical restraint under this chapter if the medication:

(A) Is prescribed by a treating health-care professional;

(B) Is administered solely for medical or dental reasons; and

(C) Has a secondary effect of immobilizing or sedating a child.

(8) Child/caregiver ratio--The maximum number of children for whom one caregiver can be responsible.

(9) Childhood activities--Activities that are generally accepted as suitable for children of the same chronological age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard as specified in §748.705 of this title (relating to What is the "reasonable and prudent parent standard"?). Examples of childhood activities include extracurricular activities, in-school and out-of-school activities, enrichment activities, cultural activities, and employment opportunities. Childhood activities include unsupervised childhood activities.

(10) Child in care--A child who is currently admitted as a resident of a general residential operation, regardless of whether the child is temporarily away from the operation, as in the case of a child at school or at work. Unless a child has been discharged from the operation, the child is considered a child in care.

(11) Child passenger safety seat system--An infant or child passenger restraint system that meets the federal standards for crash-tested restraint systems as set by the National Highway Traffic Safety Administration.

(12) Corporation or other type of business entity--May include an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, limited liability company, political subdivision, or state agency. For purposes of this chapter, this definition does not include any type of "partnership", which is defined separately.

(13) Cottage or cottage home--A living arrangement for children who are not receiving treatment services in which:

(A) Each group of children has separate living quarters;

(B) 12 or fewer children are in each group;

(C) Primary caregivers live in the children's living quarters, 24 hours per day for at least four days a week or 15 days a month; and

(D) Other caregivers are used only to meet the child-to-caregiver ratio in an emergency or to supplement care provided by the primary caregivers.

(14) Counseling--A procedure used by professionals from various disciplines in guiding individuals, families, groups, and communities by such activities as delineating alternatives, helping to articulate goals, processing feelings and options, and providing needed information. This definition does not include career counseling.

(15) Days--Calendar days, unless otherwise stated.

(16) De-escalation--Strategies used to defuse a volatile situation, to assist a child to regain behavioral control, and to avoid a physical restraint or other behavioral intervention.

(17) Department--The Department of Family and Protective Services (DFPS).

(18) Discipline--A form of guidance that is constructive or educational in nature and appropriate to the child's age, development, situation, and severity of the behavior.

(19) Emergency Behavior Intervention (EBI)--Interventions used in an emergency situation, including personal restraints, mechanical restraints, emergency medication, and seclusion.

(20) Emergency medication--A type of emergency behavior intervention that uses chemicals or pharmaceuticals through topical application, oral administration, injection, or other means to modify a child's behavior. The use of a medication is not an emergency medication under this chapter if the medication:

(A) Is prescribed by a treating health-care professional;

(B) Is administered solely for a medical or dental reason (e.g. Benadryl for an allergic reaction or medication to control seizures); and

(C) Has a secondary effect of modifying a child's behavior.

(21) Emergency situation--A situation in which attempted preventative de-escalatory or redirection techniques have not effectively reduced the potential for injury, so that intervention is immediately necessary to prevent:

(A) Imminent probable death or substantial bodily harm to the child because the child attempts or continually threatens to commit suicide or substantial bodily harm; or

(B) Imminent physical harm to another because of the child's overt acts, including attempting to harm others. These situations may include aggressive acts by the child, including serious incidents of shoving or grabbing others over their objections. These situations do not include verbal threats or verbal attacks.

(22) Family members--An individual related to another individual within the third degree of consanguinity or affinity. For the definitions of consanguinity and affinity, see Chapter 745 of this title (relating to Licensing). The degree of the relationship is computed as described in Government Code, §573.023 (relating to Computation of Degree of Consanguinity) and §573.025 (relating to Computation of Degree of Affinity).

(23) Field trip--A group activity conducted away from the operation.

(24) Food service--The preparation or serving of meals or snacks.

(25) Full-time--At least 30 hours per week.

(26) Garbage--Food or items that when deteriorating cause offensive odors and/or attract rodents, insects, and other pests.

(27) General Residential Operation--A residential child-care operation that provides child care for 13 or more children or young adults. The care may include treatment services and/or programmatic services. These operations include formerly titled emergency shelters, operations providing basic child care, residential treatment centers, and halfway houses.

(28) Governing body--A group of persons or officers of the corporation or other type of business entity having ultimate authority and responsibility for the operation.

(29) Group of children--Children assigned to a specific caregiver or caregivers. Generally, the group stays with the assigned caregiver(s) throughout the day and may move to different areas throughout the operation, indoors and out. For example, children who are assigned to specific caregivers occupying a unit or cottage are considered a group.

(30) Health-care professional--A licensed physician, licensed advanced practice registered nurse, physician's assistant, licensed vocational nurse (LVN), licensed registered nurse (RN), or other licensed medical personnel providing health care to the child within the scope of the person's license. This does not include medical doctors or medical personnel not licensed to practice in the United States.

(31) High-risk behavior--Behavior of a child that creates an immediate safety risk to self or others. Examples of high-risk behavior include suicide attempt, self-abuse, physical aggression causing bodily injury, chronic running away, substance abuse, fire-setting, and sexual aggression or perpetration.

(32) Human services field--A field of study that contains coursework in the social sciences of psychology and social work including some counseling classes focusing on normal and abnormal human development and interpersonal relationship skills from an accredited college or university. Coursework in guidance counseling does not apply.

(33) Immediate danger--A situation where a prudent person would conclude that bodily harm would occur if there were no immediate interventions. Immediate danger includes a serious risk of suicide, serious physical injury to self or others, or the probability of bodily harm resulting from a child running away if less than 10 years old chronologically or developmentally. Immediate danger does not include:

(A) Harm that might occur over time or at a later time; or

(B) Verbal threats or verbal attacks.

(34) Infant--A child from birth through 17 months.

(35) Livestock--An animal raised for human consumption or an equine animal.

(36) Living quarters--A structure or part of a structure where a group of children reside, such as a building, house, cottage, or unit.

(37) Mechanical restraint--A type of emergency behavior intervention that uses the application of a device to restrict the free movement of all or part of a child's body in order to control physical activity.

(38) Mental health professional--Refers to:

(A) A psychiatrist licensed by the Texas Medical Board;

(B) A psychologist licensed by the Texas State Board of Examiners of Psychologists;

(C) A master's level social worker or higher licensed by the Texas State Board of Social Work Examiners;

(D) A professional counselor licensed by the Texas State Board of Examiners of Professional Counselors;

(E) A marriage and family therapist licensed by the Texas State Board of Examiners of Marriage and Family Therapists; and

(F) A master's level or higher nurse licensed as an Advanced Practice Registered Nurse by the Texas Board of Nursing and board certified in Psychiatric/Mental Health.

(39) Non-ambulatory--A child that is only able to move from place to place with assistance, such as a walker, crutches, a wheelchair, or prosthetic leg.

(40) Non-mobile--A child that is not able to move from place to place, even with assistance.

(41) Operation--General residential operations, including residential treatment centers.

(42) Owner--The sole proprietor, partnership, or corporation or other type of business entity who owns the operation.

(43) Parent--A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian.

(44) Partnership--A partnership may be a general partnership, (general) limited liability partnership, limited partnership, or limited partnership as limited liability partnership.

(45) Permit holder--The owner of the operation that is granted the permit.

(46) Permit is no longer valid--For purposes of this chapter, a permit remains valid through the renewal process. A permit only becomes invalid when your operation voluntarily closes or is required to close through an enforcement action in Subchapter L of Chapter 745 (relating to Enforcement Actions).

(47) Person legally authorized to give consent--The person legally authorized to give consent by the Texas Family Code or a person authorized by the court.

(48) Personal restraint--A type of emergency behavior intervention that uses the application of physical force without the use of any device to restrict the free movement of all or part of a child's body in order to control physical activity. Personal restraint includes escorting, which is when a caregiver uses physical force to move or direct a child who physically resists moving with the caregiver to another location.

(49) Physical force--Pressure applied to a child's body that reduces or eliminates the child's ability to move freely.

(50) PRN--A standing order or prescription that applies "pro re nata" or "as needed according to circumstances."

(51) Prone restraint--A restraint in which the child is placed in a chest-down hold.

(52) Psychosocial assessment--An evaluation by a mental health professional of a child's mental health that includes a:

(A) Clinical interview of the child;

(B) Diagnosis from the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5), or statement that rules out a DSM-5 diagnosis;

(C) Treatment plan for the child, including whether further evaluation of the child is needed (for example: is a psychiatric evaluation needed to determine if the child would benefit from psychotropic medication or hospitalization; or is a psychological evaluation with psychometric testing needed to determine if the child has a learning disability or an intellectual disability); and

(D) Written summary of the assessment.

(53) Re-evaluate--Re-assessing all factors required for the initial evaluation for the purpose of determining if any substantive changes have occurred. If substantive changes have occurred, these areas must be fully evaluated.

(54) Regularly--On a recurring, scheduled basis. Note: For the definition for "regularly or frequently present at an operation" as it applies to background checks, see §745.601 of this title (relating to What words must I know to understand this subchapter?).

(55) Residential Treatment Center (RTC)--A general residential operation for 13 or more children or young adults that exclusively provides treatment services for children with emotional disorders.

(56) Sanitize--The use of a product (usually a disinfecting solution) registered by the Environmental Protection Agency (EPA) that substantially reduces germs on inanimate objects to levels considered safe by public health requirements. Many bleach and hydrogen peroxide products are EPA-registered. You must follow the product's labeling instructions for sanitizing (paying particular attention to any instructions regarding contact time and toxicity on surfaces likely to be mouthed by children, such as toys and crib rails). For an EPA-registered sanitizing product or disinfecting solution that does not include labeling instructions for sanitizing (a bleach product, for example), you must conduct these steps in the following order:

(A) Washing with water and soap;

(B) Rinsing with clear water;

(C) Soaking in or spraying on a disinfecting solution for at least two minutes. Rinsing with cool water only those items that a child is likely to place in his mouth; and

(D) Allowing the surface or item to air-dry.

(57) School-age child--A child five years old or older who will attend school in August or September of that year.

(58) Seat belt--A lap belt and any shoulder strap included as original equipment on or added to a motor vehicle.

(59) Seclusion--A type of emergency behavior intervention that involves the involuntary separation of a child from other residents and the placement of the child alone in an area from which the resident is prevented from leaving by a physical barrier, force, or threat of force.

(60) Service plan--A plan that identifies a child's basic and specific needs and how those needs will be met.

(61) Short personal restraint--A personal restraint that does not last longer than one minute before the child is released.

(62) State or local fire inspector--A fire official who is authorized to conduct fire safety inspections on behalf of the city, county, or state government.

(63) State or local sanitation official--A sanitation official who is authorized to conduct environmental sanitation inspections on behalf of the city, county, or state government.

(64) Substantial physical injury--Physical injury serious enough that a reasonable person would conclude that the injury needs treatment by a medical professional, including dislocated, fractured, or broken bones; concussions; lacerations requiring stitches; second and third degree burns; and damages to internal organs. Evidence that physical injury is serious includes the location and/or severity of the bodily harm and/or age of the child. Substantial physical injury does not include minor bruising, the risk of minor bruising, or similar forms of minor bodily harm that will resolve healthily without professional medical attention.

(65) Supplements--Includes vitamins, herbs, and any supplement labeled dietary supplement.

(66) Supine restraint--Placing a child in a chest up restraint hold.

(67) Swimming activities--Activities related to the use of swimming pools, wading/splashing pools, hot tubs, or other bodies of water.

(68) Toddler--A child from 18 months through 35 months.

(69) Trafficking victim--A child who has been recruited, harbored, transported, provided or obtained for the purpose of forced labor or commercial sexual activity, including any child subjected to an act or practice as specified in Penal Code §20A.02 or §20A.03.

(70) Trauma informed care (TIC)--Care for children that is child-centered and considers the unique culture, experiences, and beliefs of the child. TIC takes into consideration:

(A) The impact that traumatic experiences have on the lives of children;

(B) The symptoms of childhood trauma;

(C) An understanding of a child's personal trauma history;

(D) The recognition of a child's trauma triggers; and

(E) Methods of responding that improve a child's ability to trust, to feel safe, and to adapt to changes in the child's environment.

(71) Treatment director--The person responsible for the overall treatment program providing treatment services. A treatment director may have other responsibilities and may designate treatment director responsibilities to other qualified persons.

(72) Universal precautions--An approach to infection control where all human blood and certain human bodily fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

(73) Unsupervised childhood activities--Childhood activities that a child in care participates in away from the operation and the caregivers. Childhood activities that an operation sponsors, conducts, or supervises are not unsupervised childhood activities. Unsupervised childhood activities may include playing sports, going on field trips, spending the night with a friend, going to the mall, or dating. Unsupervised childhood activities may last one or more days.

(74) Vaccine-preventable disease--A disease that is included in the most current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

(75) Volunteer--A person who provides:

(A) Child-care services, treatment services, or programmatic services under the auspices of the operation without monetary compensation; or

(B) Any type of services under the auspices of the operation without monetary compensation when the person has unsupervised access to a child in care.

(76) Young adult--An adult whose chronological age is between 18 and 22 years, who is currently in a residential child-care operation, and who continues to need child-care services.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606274

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. SERVICES

40 TAC §748.61, §748.65

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606275

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER C. ORGANIZATION AND ADMINISTRATION

DIVISION 1. PERMIT HOLDER RESPONSIBILITIES

40 TAC §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606276

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 1. PLANS AND POLICIES REQUIRED FOR THE APPLICATION PROCESS

40 TAC §§748.101, 748.103, 748.105, 748.107, 748.109, 748.111, 748.113, 748.115, 748.117, 748.119, 748.121, 748.123, 748.125, 748.127, 748.129

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

§748.113.What emergency behavior intervention policies must I develop if my operation is permitted to use emergency behavior intervention?

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 this title (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

(B) Obtain each child's input on preferred de-escalation techniques that caregivers can use to assist the child in the de-escalation process;

(6) That you will either:

(A) Post in a place where children and adult clients can view them, the emergency behavior interventions that you permit at your operation; or

(B) Provide the children and adult clients at admission a personal copy of the operation's emergency behavior intervention policies;

(7) Requirements that caregivers must attempt less restrictive and less intrusive emergency behavior interventions as preventive measures and de-escalating interventions to avoid the use of emergency behavior intervention;

(8) Training for emergency behavior intervention. The policy must include a description of the emergency behavior intervention training curriculum that meets the requirements in the rules of this chapter, the amount and type of training required for different levels of caregivers (if applicable), training content, and how the training will be delivered; and

(9) Prohibitions for discharging or otherwise retaliating against:

(A) An employee, child in care, adult client, resident, or other person for filing a complaint, presenting a grievance, or otherwise providing in good faith information relating to the misuse of emergency behavior intervention at the operation; or

(B) A child in care, adult client, or resident because someone on behalf of the client or resident files a complaint, presents a grievance, or otherwise provides in good faith information relating to the misuse of emergency behavior intervention at the operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606277

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. GOVERNING BODY

40 TAC §748.131, §748.133

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606278

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS

40 TAC §§748.151, 748.153, 748.155, 748.157

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606279

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. GENERAL FISCAL REQUIREMENTS

40 TAC §748.161, §748.163

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606280

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §748.161

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606281

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. REQUIRED POSTINGS

40 TAC §748.191

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606282

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 5. POLICIES AND PROCEDURES

40 TAC §§748.231, 748.233, 748.235, 748.237, 748.239, 748.241

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606283

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER D. REPORTS AND RECORD KEEPING

DIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES

40 TAC §§748.301, 748.303, 748.309, 748.313, 748.315

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.303.When must I report and document a serious incident?

(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:

Figure: 40 TAC §748.303(a) (.pdf)

(b) If there is a medically pertinent incident, such as a seizure, 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 a serious incident.

(c) 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, as outlined in the chart above;

(2) The parents, 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.

(d) You must report and document the following types of serious incidents involving your operation, an employee, a professional level service provider, contract staff, or a volunteer to the following entities within the specified time frame:

Figure: 40 TAC §748.303(d) (.pdf)

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606284

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §748.307

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606286

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. OPERATION RECORDS

40 TAC §748.341

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606287

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §§748.341, 748.343, 748.345, 748.347

The new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606288

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. PERSONNEL RECORDS

40 TAC §748.361, §748.363

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606289

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. CHILD RECORDS

40 TAC §748.393, §748.395

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606290

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 5. RECORD RETENTION

40 TAC §748.435

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606291

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER E. PERSONNEL

DIVISION 1. GENERAL REQUIREMENTS

40 TAC §748.501

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606292

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §748.505

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606293

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. CHILD-CARE ADMINISTRATOR

40 TAC §§748.533, 748.535, 748.539

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606294

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. PROFESSIONAL LEVEL SERVICE PROVIDERS

40 TAC §§748.563, 748.571, 748.575

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606295

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. TREATMENT DIRECTOR

40 TAC §748.605

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606296

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 5. CAREGIVERS

40 TAC §748.681

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606297

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. CONTRACT STAFF AND VOLUNTEERS

40 TAC §§748.721, 748.724, 748.725, 748.729, 748.731

The amendments and new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new sections implement HRC §42.042.

§748.724.When is a volunteer or contractor who is a part of another organization subject to my policies and procedures?

(a) A volunteer or contractor who is part of another organization is subject to your policies and procedures unless that organization provides screening, training, and supervision to the volunteer/contractor that are adequate to protect the health and safety of children. Before the volunteer/contractor can have contact with children:

(1) The volunteer/contractor must meet the relevant requirements of your policies and procedures; or

(2) You must confirm that the organization provides adequate screening, training, and supervision.

(b) An organization may be another licensed operation.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606298

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §748.727, §748.731

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606299

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER F. TRAINING AND PROFESSIONAL DEVELOPMENT

DIVISION 1. DEFINITIONS

40 TAC §748.801

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

§748.801.What do certain words and terms mean in this subchapter?

The words and terms used in this subchapter have the following meaning:

(1) CPR--Cardiopulmonary resuscitation.

(2) Hours--Clock hours.

(3) Instructor-led training--Training that is characterized by the communication and interaction that takes place between the student and the instructor. It must include an opportunity for the student to interact with the instructor to obtain clarifications and information beyond the scope of the training material. For such an opportunity to exist, the instructor must be able to answer questions, provide feedback on skills practice, provide guidance or information on additional resources, and proactively interact with students. Examples of this type of training include classroom training, on-line distance learning, video-conferencing, or other group learning experiences.

(4) Self-instructional training--Training designed to be used by one individual working alone and at the individual's own pace to complete lessons or modules. An example of this type of training is web-based training. Self-study training is also a type of self-instructional training.

(5) Self-study training--Non-standardized training where an individual reads written materials, watches a training video, or listens to a recording to obtain certain knowledge that is required for annual training. Self-study training is limited to three hours, see 748.937(d) of this title (relating to What types of hours or instruction can be used to complete the annual training requirements?).

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606301

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. PRE-SERVICE EXPERIENCE AND TRAINING

40 TAC §§748.861, 748.867, 748.869

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606302

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. GENERAL PRE-SERVICE TRAINING

40 TAC §748.883, §748.885

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606304

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. ANNUAL TRAINING

40 TAC §§748.935, 748.937, 748.939, 748.941, 748.943, 748.945

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.937.What types of hours or instruction can be used to complete the annual training requirements?

(a) If the training complies with the other rules in this division (relating to Annual Training), annual training may include hours or Continuing Education Units earned through:

(1) Workshops or courses offered by local school districts, colleges or universities, or Licensing;

(2) Conferences or seminars;

(3) Self-instructional training, excluding training on emergency behavior intervention and CPR;

(4) Planned learning opportunities provided by child-care associations or Licensing;

(5) Planned learning opportunities provided by a professional contract service provider, child-care administrator, professional level service provider, treatment director, or caregiver who meets minimum qualifications in the rules of this chapter; or

(6) Completed college courses for which a passing grade is earned, with three college credit hours being equivalent to 50 clock hours of required training. College courses do not substitute for required CPR or first-aid certification or required annual training on emergency behavior intervention or psychotropic medication.

(b) For annual training hours, you may count:

(1) The hours of annual training that a person received at another residential child-care operation, if the person:

(A) Received the training within the time period you are using to calculate the person's annual training; and

(B) Provides documentation of the training;

(2) Annual emergency behavior intervention training;

(3) First-aid and CPR training;

(4) Any hours of pre-service training that the person earned in addition to the required pre-service hours, although you may not carry over more than 10 hours of a person's pre-service training hours for use as annual training hours during the upcoming year;

(5) Half of the hours spent developing initial training curriculum that is relevant to the population of children served. No additional credit hours for training curriculum development are permitted for repeated training sessions; and

(6) One-fourth of the hours spent updating and making revisions to training curriculum that is relevant to the population of children served.

(c) For annual training hours, you may not count:

(1) Orientation training;

(2) Required pre-service training;

(3) The hours involved in case staffings and conferences with the supervisor; or

(4) The hours presenting training to others.

(d) No more than one-half of the required annual training hours may come from self-instructional training. No more than three of those self-instructional hours may come from self-study training.

(e) If a person earns more than the minimum number of training hours required during a particular year, the person can carry over to the next year a maximum of 10 training hours.

§748.939.Does Licensing approve training resources or trainers for annual training hours?

(a) No. We do not approve or endorse training resources or trainers for training hours.

(b) However, you must ensure the employees receive reliable training relevant to the population of children served.

(c) Instructor-led training and self-instructional training, excluding self-study training, must include:

(1) Specifically stated learning objectives;

(2) A curriculum, which includes experiential or applied activities;

(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and

(4) A certificate, letter, or a signed and dated statement of successful completion from the training source.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606305

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 7. FIRST-AID AND CPR CERTIFICATION

40 TAC §748.985, §748.987

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606306

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER G. CHILD/CAREGIVER RATIOS

40 TAC §§748.1009, 748.1013, 748.1021

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606307

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER H. CHILD RIGHTS

40 TAC §748.1101, §748.1105

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606308

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §§748.1101, 748.1103, 748.1109, 748.1117, 748.1119

The amendments and new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606309

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER I. ADMISSION, SERVICE PLANNING, AND DISCHARGE

DIVISION 1. ADMISSION

40 TAC §§748.1205, 748.1207, 748.1209, 748.1211, 748.1213, 748.1215, 748.1217, 748.1219, 748.1223, 748.1225

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606310

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. EMERGENCY ADMISSION

40 TAC §748.1263, §748.1269

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.1263.What constitutes an emergency admission to my operation?

It is an emergency admission if:

(1) You must place the child within 72 hours;

(2) The child was removed from a situation involving alleged abuse or neglect;

(3) The child is an alleged perpetrator of abuse and cannot be served in the child's current placement due to the child's perpetrating behaviors;

(4) The child displays behavior that is an immediate danger to self or others and cannot function or be served in the child's current setting;

(5) The child was abandoned and after exercising reasonable efforts, the child's identity cannot be immediately determined. You must document the efforts made to obtain information on the child's identity in the child's record;

(6) The child was removed from the child's home or placement, and there is an immediate need to find a residence for the child;

(7) A law enforcement officer or juvenile probation officer released the child to your authorized emergency care program; or

(8) The child is otherwise without adult care.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606311

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. EDUCATIONAL SERVICES

40 TAC §748.1303

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606312

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. SERVICE PLANS

40 TAC §§748.1331, 748.1335, 748.1337, 748.1340, 748.1341, 748.1345, 748.1349, 748.1351

The amendments and new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new sections implement HRC §42.042.

§748.1349.To whom do I provide a copy of the child's initial service plan?

(a) You must give a copy or summary of the initial service plan to the:

(1) Child, when appropriate. At a minimum, you must give a copy or summary of the plan to a child 14 years of age or older, unless there is justification for not providing the plan;

(2) Child's parents; and

(3) Child's caregivers.

(b) If you provide a copy or summary of the initial service plan to a child:

(1) The child must review the plan;

(2) The child must sign the plan, or you must document the child's refusal to sign it; and

(3) You must document if the child disagrees with the plan.

(c) If you do not provide a copy or summary of the initial service plan to a child, you must document your justification for not sharing the plan in the child's record.

(d) You must document in the child's record that you provided a copy or summary of the initial service plan to the child's parents.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606313

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 5. SERVICE PLAN REVIEWS AND UPDATES

40 TAC §§748.1381, 748.1385, 748.1386, 748.1389

The amendments and new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new sections implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606314

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. DISCHARGE AND TRANSFER PLANNING

40 TAC §§748.1433, 738.1435, 748.1437

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606315

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER J. CHILD CARE

DIVISION 1. DENTAL CARE

40 TAC §748.1501

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606316

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. MEDICAL CARE

40 TAC §§748.1531, 748.1539, 748.1541, 748.1543, 748.1549, 748.1551

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.1543.What documentation is acceptable for an immunization record?

Acceptable documentation includes:

(1) An official immunization record generated from a state or local health authority, including a record from another state. Examples include a registry, a copy of the current immunization record that is on file at the pre-kindergarten program or school, or the health passport for a child in the conservatorship of DFPS, so long as the record includes:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses; and

(C) The month, day, and year the child received each vaccination; or

(2) An official immunization record or photocopy, such as from a doctor's office, that includes:

(A) The child's name and date of birth;

(B) The type of vaccine and number of doses;

(C) The month, day, and year the child received each vaccination;

(D) The signature (including a rubber stamp or electronic signature) of the health-care professional who administered the vaccine, or another health-care professional's documentation of the immunization as long as the name of the health-care professional that administered the vaccine is documented; and

(E) Clinic contact information, if the immunization record is generated from an electronic health record system.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606317

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. COMMUNICABLE DISEASES

40 TAC §748.1581

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606318

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. TOBACCO AND E-CIGARETTE USE

40 TAC §748.1661

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606319

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 7. NUTRITION AND HYDRATION

40 TAC §748.1695, §748.1697

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.1695.What are the specific requirements for feeding an infant?

(a) You must feed the infant:

(1) On demand following the infant's lead on when to feed, how long to feed, and how much to feed; and

(2) Based on the recommendation of the infant's health-care professional, who must approve you giving the infant any milk other than fortified formula.

(b) You must hold the infant while feeding an infant that is:

(1) Birth through six months old; or

(2) Unable to sit unassisted in a high chair or other seating equipment during feeding.

(c) You must never prop a bottle by supporting it with something other than the infant's or adult's hand.

(d) If you care for more than one infant, you must:

(1) Label each bottle and training cup with the child's first name and initial of last name;

(2) Not permit the infant to share bottles or training cups; and

(3) Sanitize high chair trays before each use.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606321

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 8. ADDITIONAL REQUIREMENTS FOR INFANT CARE

40 TAC §§748.1741, 748.1743, 748.1751, 748.1753, 748.1757, 748.1759, 748.1761, 748.1763, 748.1765

The amendments and new sections are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments and new sections implement HRC §42.042.

§748.1757.What types of equipment are not allowed for use with infants?

(a) You may not use any of the following types of equipment with infants:

(1) Baby walkers;

(2) Baby doorway 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 sleeping equipment.

(b) Except for a tight fitting sheet and as provided in subsection (c) of this section, the crib must be bare for an infant younger than twelve months of age.

(c) A crib mattress cover may be used to protect against wetness, but the cover must:

(1) Be designed specifically for the size and type of crib and crib mattress that it is being used with;

(2) Be tight fitting and thin; and

(3) Not be designed to make the sleep surface softer.

(d) An infant receiving treatment services for primary medical needs may have special items that assist with safe sleep at the written recommendation of a health-care professional. You must keep the recommendation in the child's record.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606322

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §748.1753, §748.1765

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606323

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 9. ADDITIONAL REQUIREMENTS FOR TODDLER CARE

40 TAC §748.1791, §748.1793

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606326

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER L. MEDICATION

DIVISION 1. ADMINISTRATION OF MEDICATION

40 TAC §748.2003, §748.2009

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.2009.What are the requirements for administering nonprescription medication and supplements?

(a) For non-prescription medications and supplements, you must:

(1) Follow the label instructions for dosage;

(2) Inform the child's prescribing health-care professional of the administration and dosage of any non-prescription medication or supplements to ensure the nonprescription medication and/or supplements are not contraindicated with any other medication prescribed to the child or the child's medical conditions.

(b) You may give nonprescription medication or supplements to more than one child from one container.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606329

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. SELF-ADMINISTRATION OF MEDICATION

40 TAC §748.2053

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606332

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. MEDICATION STORAGE AND DESTRUCTION

40 TAC §748.2101

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606334

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 4. MEDICATION RECORDS

40 TAC §748.2151

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606335

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION

40 TAC §748.2231, §748.2233

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.2233.What must I do if a child experiences side effects from any medications?

(a) A side effect from any medication is an effect of medication in addition to the medication's intended effect, often an undesirable effect.

(b) If a child experiences side effects from any medication, you must:

(1) Document the observed and reported side effects;

(2) Immediately report any serious side effects to the child's prescribing health-care professional and the child's parent; and

(3) Report any other side effect to the prescribing health-care professional within 72 hours.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606336

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER M. DISCIPLINE AND PUNISHMENT

40 TAC §748.2309

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

§748.2309.To what extent may I restrict a child's activities as a behavior management tool?

(a) Within limits, a caregiver 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 fourteen days, must have prior approval by the treatment director, service planning team, or professional level service provider.

(c) Restrictions to a particular room or building that will be imposed on a child for more than 24 hours must have prior approval by the treatment director, service planning team, or professional level service provider.

(d) You must inform the child and parent about any restrictions that you place on the child.

(e) Documentation of all approvals, justification for the restriction, and informing the child and parents must be in the child's record.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606337

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER N. EMERGENCY BEHAVIOR INTERVENTION

40 TAC §748.2401

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606338

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER O. SAFETY AND EMERGENCY PRACTICES

40 TAC §748.3015, §748.3017

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606339

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER P. PHYSICAL SITE

DIVISION 2. INTERIOR SPACE

40 TAC §§748.3351, 748.3353, 748.3357, 748.3365

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.3365.What are the requirements for beds and bedding?

(a) You must provide each child with an individual bed or bunk bed in the child's bedroom that elevates the mattress off of the floor. For infants and toddlers, a crib is allowable. For crib requirements, see §748.1751 of this title (relating to What specific safety requirements must my cribs meet?).

(b) Each bed being used by a child must have:

(1) A clean and comfortable mattress; and

(2) A mattress with a cover or protector if the child is not provided with a mattress that is waterproof.

(c) You must also provide the child with:

(1) A pillow and linens appropriate for the temperature, including a pillowcase, top sheet, and fitted or bottom sheet;

(2) Extra linens as needed for the child's warmth and comfort, such as a blanket or bedspread; and

(3) Clean linens that are changed or laundered if used by a different child and as often as needed for cleanliness and sanitation, but not less than once a week.

(d) If laundry service is not provided, laundry facilities supplied with hot and cold water under pressure must be provided for all children in care to use.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606340

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. PLAY EQUIPMENT AND SAFETY REQUIREMENTS

40 TAC §748.3481

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606341

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 7. PLAYGROUND USE ZONES

40 TAC §748.3535

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606342

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 8. PROTECTIVE SURFACING

40 TAC §748.3567

The repeal is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeal implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606343

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 9. SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS

40 TAC §748.3601, §748.3603

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.3603.What are the additional requirements for a swimming pool located at my operation?

(a) The swimming pool must be built and maintained according to the standards of the Department of State Health Services and any other applicable state or local regulations.

(b) An adult must be present who is able to immediately turn off the pump and filtering system when any child is in a pool.

(c) If the pool is aboveground, it must meet all pool safety requirements specified in this subchapter and have a barrier that prevents a child's unauthorized access to the pool.

(d) Outdoor swimming pools must be enclosed with a six-foot fence or wall that prevents children's access to the pool. It must be constructed, so the fence or wall does not obscure the pool from view.

(e) Doors, operable windows, or gates of living quarters must not be part of the pool enclosure for outdoor swimming pools.

(f) Fence gates leading to the outdoor pool area must have self-closing and self-latching hardware located at least 60 inches from the ground and must be locked when the pool is not in use. An indoor swimming pool must be secured at all times to prevent children's access to the pool when a lifeguard is not on duty.

(g) Fence gates must open outward away from the pool and must not be propped open.

(h) The space between the ground and the bottom of the fence must not exceed four inches.

(i) When a fence is made of horizontal and vertical slats, the horizontal slats must be located on the swimming pool side of the fence.

(j) Doors from the operation leading to the pool area must have a lock that can only be opened by an adult.

(k) The doors and fence gates leading to or through the pool area must not be designated as fire and emergency evacuation exits.

(l) The drain grates, vacuum outlets, and skimmer covers that must be in place, must also be in good repair, and not be able to be removed without using tools.

(m) All indoor/outdoor areas within 50 feet outside of the fence around the pool must be free of furniture and equipment that a child could use to enter the pool area by scaling a fence or barrier or releasing a lock.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606344

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER Q. RECREATION ACTIVITIES

DIVISION 1. GENERAL REQUIREMENTS

40 TAC §748.3701, §748.3705

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606345

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 2. SWIMMING ACTIVITIES

40 TAC §§748.3751, 748.3753, 748.3757, 748.3765

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

§748.3757.What are the child/adult ratios for swimming activities?

(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:

Figure: 40 TAC §748.3757(a) (.pdf)

(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 the 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 an approved life jacket while swimming and additional special precautions are not needed.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606346

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. WATERCRAFT ACTIVITIES

40 TAC §748.3801

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606347

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 5. TRAMPOLINE USE

40 TAC §748.3891

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606348

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 6. WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES

40 TAC §748.3931

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606349

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER R. TRANSPORTATION

DIVISION 2. SAFETY RESTRAINTS

40 TAC §748.4041, §748.4047

The repeals are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The repeals implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606350

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


40 TAC §§748.4041, 748.4043, 748.4045

The new section and amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new section and amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606351

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER S. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE EMERGENCY CARE SERVICES

DIVISION 1. SERVICE MANAGEMENT

40 TAC §748.4213

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606352

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. RESPITE CHILD-CARE SERVICES

40 TAC §748.4261, §748.4265

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606353

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER T. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE AN ASSESSMENT SERVICES PROGRAM

DIVISION 1. REGULATION

40 TAC §748.4301

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606354

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER U. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE THERAPEUTIC CAMP SERVICES

DIVISION 1. DEFINITIONS

40 TAC §748.4403

The amendment is adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendment implements HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606355

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


DIVISION 3. PRIMITIVE CAMPING EXCURSIONS

40 TAC §748.4471, §748.4473

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 6, 2016.

TRD-201606356

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: August 26, 2016

For further information, please call: (512) 438-3854


CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS

The Health and Human Services Commission adopts, on behalf of the Department of Family and Protective Services (DFPS), amendments to §§748.685, 748.863, 748.881, 748.931, 748.1003, 748.1339, and 748.4701; and new §§748.701, 748.703, 748.705, 748.707, 748.709, 748.868, 748.882, and 748.944, in Chapter 748, concerning Minimum Standards for General Residential Operations. The amendment to §748.1339; and new §748.705 and §748.944 are adopted with changes to the proposed text published in the June 10, 2016, issue of the Texas Register (41 TexReg 4166). The amendments to §§748.685, 748.863, 748.881, 748.931, 748.1003, and 748.4701; and new §§748.701, 748.703, 748.707, 748.709, 748.868, and 748.882, are adopted without changes to the proposed text and will not be republished.

BACKGROUND AND JUSTIFICATION

The justification of the new rules and amendments are to implement Senate Bill (S.B.) 1407 that was passed by the 84th Texas Legislature in 2015 and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy and for clarity and consistency. Both S.B. 1407 and the federal law require that normalcy requirements apply to General Residential Operations (GROs).

"Normalcy" is the ability of a child in care to live as normal a life as possible, including engaging in childhood activities that are suitable for children of the same age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard.

Some minor changes related to normalcy are also being made to the Chapter 748 rules relating to service planning and children's rights. Since there are other more significant changes being made to the service planning and children's rights rules, those rules are also being adopted in a different rule packet regarding the comprehensive review of Chapter 748, which is being published in the same issue of the Texas Register.

New definitions for "childhood activities" and "unsupervised childhood activities" are being added to §748.43 of this title (relating to What do certain words and terms mean in this chapter?). Since there are many other changes being made to definitions in §748.43 in response to the comprehensive review of Chapter 748, the definition changes are being adopted in the comprehensive review packet of Chapter 748, which is being published in same issue of the Texas Register. However, for purposes of understanding these adopted changes the adopted §748.43 definitions are as follows: (1) childhood activities--activities that are generally accepted as suitable for children of the same chronological age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard as specified in §748.705 of this title (relating to What is the "reasonable and prudent parent standard"?). Examples of childhood activities include extracurricular activities, in-school and out-of-school activities, enrichment activities, cultural activities, and employment opportunities. Childhood activities include unsupervised childhood activities; and (2) unsupervised childhood activities--childhood activities that a child in care participates in away from the operation and the caregivers. Childhood activities that an operation sponsors, conducts, or supervises are not unsupervised childhood activities. Unsupervised childhood activities may include playing sports, going on field trips, spending the night with a friend, going to the mall, or dating. Unsupervised childhood activities may last one or more days.

Finally, there are some additional rule review changes not related to normalcy that are being adopted in these rules, including: (1) training related to trauma informed care; and (2) updating the language and numbering of tables for consistency and ease of understanding.

Child Care Licensing (CCL) has met with three different workgroups that have provided input and comments regarding these rules related to normalcy. On September 29, 2015, CCL met with a workgroup of providers and advocates that were organized by Texas CASA (Court Appointed Special Advocates); On October 7, 2015, CCL met with the Committee for Advancing Residential Practices; and on December 16, 2015, CCL met with a workgroup of providers.

The sections will function by ensuring that safety of children in care and the quality of their care will be improved by integrating normalcy and trauma informed care into the minimum standards.

COMMENTS

The 30-day comment period ended July 11, 2016. During this period, DFPS did not receive any comments regarding the adoption of the new sections and amendments. However, DFPS is recommending changes to the three following rules: (1) §748.705 to clarify that the reasonable and prudent parent standard of care is used to encourage a child's social growth and development and to clarify two of the items that must be taken into consideration when making a reasonable and prudent decision on whether a child may participate in a childhood activity; (2) §748.944 to correct a typographical error; and (3) §748.1339 to clarify that the child and the parents must be invited to "participate and provide input into the development of the service plan". This will also make this rule more consistent with its sister rule in Chapter 749.

SUBCHAPTER E. PERSONNEL

DIVISION 5. CAREGIVERS

40 TAC §748.685

STATUTORY AUTHORITY

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606192

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


DIVISION 6. NORMALCY

40 TAC §§748.701, 748.703, 748.705, 748.707, 748.709

STATUTORY AUTHORITY

The new rules are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new rules implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

§748.705.What is the "reasonable and prudent parent standard"?

(a) The reasonable and prudent parent standard is the standard of care that a parent of reasonable judgment, skill, and caution would use to maintain the health, safety, and best interest of the child and encourage the emotional and social growth and development of the child.

(b) When using the reasonable and prudent parent standard, a person must take into consideration the following when deciding whether a child may participate in childhood activities:

(1) The child's age and level of maturity;

(2) The child's cognitive, social, emotional, and physical development level;

(3) The child's behavioral history and ability to safely participate in a proposed activity;

(4) The child's overall abilities;

(5) Whether the activity is a normal childhood activity for a child of that age and level of maturity;

(6) The child's desires;

(7) The surrounding circumstances, hazards, and risks of the activity;

(8) Outside supervision of the activity, if available and appropriate;

(9) The supervision instructions in the child's service plan; and

(10) The importance of providing the child with the most normal family-like living experience possible.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606196

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER F. TRAINING AND PROFESSIONAL DEVELOPMENT

DIVISION 3. PRE-SERVICE EXPERIENCE AND TRAINING

40 TAC §748.863, §748.868

STATUTORY AUTHORITY

The new rules and amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new rules and amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606199

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


DIVISION 4. GENERAL PRE-SERVICE TRAINING AND PRE-SERVICE TRAINING REGARDING NORMALCY

40 TAC §748.881, §748.882

STATUTORY AUTHORITY

The new rules and amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new rules and amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606201

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


DIVISION 6. ANNUAL TRAINING

40 TAC §748.931, §748.944

STATUTORY AUTHORITY

The new rules and amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The new rules and amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

§748.944.What curriculum components must be included in the annual normalcy training?

(a) The annual training regarding normalcy must include the curriculum components covered in the pre-service training regarding normalcy, see §748.882 of this title (relating to What curriculum components must be included in the pre-service training regarding normalcy?).

(b) Subsequent annual training regarding normalcy should further develop and refine an employee's knowledge and understanding of normalcy and how it should be implemented.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606204

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER G. CHILD/CAREGIVER RATIOS

40 TAC §748.1003

STATUTORY AUTHORITY

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606207

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER I. ADMISSION, SERVICE PLANNING, AND DISCHARGE

DIVISION 4. SERVICE PLANS

40 TAC §748.1339

STATUTORY AUTHORITY

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

§748.1339.Who must be involved in developing an initial service plan?

(a) A service planning team must develop the service plan. The team must consist of:

(1) At least one of the child's current caregivers;

(2) A person designated to make decisions regarding a child's participation in childhood activities; and

(3) At least one professional level service provider who provides direct services to the child.

(b) If you are providing treatment services to the child, the team must also consist of two of the following professions, which may or may not include additional members:

(1) A licensed professional counselor;

(2) A psychologist;

(3) A psychiatrist or physician;

(4) A licensed registered nurse;

(5) A licensed masters level social worker;

(6) A licensed or registered occupational therapist; or

(7) Any other person in a related discipline or profession that is licensed or regulated in accordance with state law.

(c) The child, if verbal and developmentally able to participate, and the parents must be invited to a service planning meeting, so that they may participate and provide input into the development of the service plan, including discussions regarding the child's participation in childhood activities.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606210

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854


SUBCHAPTER V. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE TRAFFICKING VICTIM SERVICES

DIVISION 5. CHILD/CAREGIVER RATIOS

40 TAC §748.4701

STATUTORY AUTHORITY

The amendments are adopted under Human Resources Code (HRC) §40.0505 and Government Code §531.0055, which provide that the Health and Human Services Executive Commissioner shall adopt rules for the operation and provision of services by the health and human services agencies, including the Department of Family and Protective Services.

The amendments implement HRC §42.042, S.B. 1407 (84th Reg. Ses.), and portions of the federal law H.R. 4980 (also entitled "Preventing Sex Trafficking and Strengthening Families Act") related to normalcy.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on December 5, 2016.

TRD-201606213

Audrey Carmical

Interim General Counsel

Department of Family and Protective Services

Effective date: January 1, 2017

Proposal publication date: June 10, 2016

For further information, please call: (512) 438-3854