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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 748MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER NEMERGENCY BEHAVIOR INTERVENTION
DIVISION 4RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION
RULE §748.2551What responsibilities does a caregiver have when implementing a type of emergency behavior intervention?

(a) The use of emergency behavior intervention must be an appropriate response to the behavior demonstrated, and de-escalation must have failed.

(b) The caregiver must act to protect the child's safety and consider:

  (1) The characteristics of the immediate physical environment;

  (2) The permitted types of emergency behavior intervention; and

  (3) The potential risk of harm in using emergency behavior intervention versus the risk of not using emergency behavior intervention.

(c) The caregiver must:

  (1) Initiate an emergency behavior intervention in a way that minimizes the risk of physical discomfort, harm, or pain to the child; and

  (2) Use the minimal amount of reasonable and necessary physical force to implement the intervention.

(d) The caregiver must make every effort to protect the child’s:

  (1) Privacy, including shielding the child from onlookers; and

  (2) Personal dignity and well-being, including ensuring that the child's body is appropriately covered.

(e) As soon as possible after starting any type of emergency behavior intervention, the caregiver must:

  (1) Explain to the child the behaviors the child must exhibit to be released or have the intervention reduced, if applicable; and

  (2) Permit the child to suggest actions the caregivers can take to help the child de-escalate.

(f) If the child does not appear to understand what the child must do to be released from the emergency behavior intervention, the caregiver must attempt to re-explain it every 15 minutes until the child understands or is released from the intervention.


Source Note: The provisions of this §748.2551 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective February 7, 2017, 42 TexReg 488; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909

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