| (D) A master's level social worker or higher licensed
by the Texas State Board of Social Work Examiners;
(E) A professional counselor licensed by the Texas
State Board of Examiners of Professional Counselors;
(F) A marriage and family therapist licensed by the
Texas State Board of Examiners of Marriage and Family Therapists;
(G) 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; and
(H) Other professional employees in fields such as
drug counseling, nursing, special education, vocational counseling,
pastoral counseling, and education who may be included in the professional
staffing plan for your agency that provides treatment services if
the professional's responsibilities are appropriate to the scope of
the agency's program description. These professionals must have the
minimum qualifications generally recognized in the professional's
area of specialization.
(61) Prone restraint--A restraint in which the child
is placed in a chest-down hold.
(62) 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.
(63) Re-evaluate--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.
(64) 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?).
(65) Residential child-care operation--A licensed or
certified operation that provides residential child care. Also referred
to as a "residential child-care facility."
(66) 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 labelling
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 labelling 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.
(67) School-age child--A child who is five years old
or older and is enrolled in or has completed kindergarten.
(68) Seat belt--A lap belt and any shoulder strap included
as original equipment on or added to a motor vehicle.
(69) Seclusion--A type of emergency behavior intervention
that involves the involuntary separation of a child from other children
and the placement of the child alone in an area from which the child
is prevented from leaving. Examples of such an area include where
the child is prevented from leaving by a physical barrier, force,
or threat of force.
(70) Service plan--A plan that identifies a child's
basic and specific needs and how those needs will be met.
(71) Short personal restraint--A personal restraint
that does not last longer than one minute before the child is released.
(72) Single source continuum contractor--A child-placing
agency that contracts with the Texas Department of Family and Protective
Services to provide community-based care as described in Subchapter
B-1, Chapter 264, Texas Family Code.
(73) State or local fire authority--A fire official
who is authorized to conduct fire safety inspections on behalf of
the city, county, or state government, including certified fire inspectors.
(74) 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 may include the location or severity of
the bodily harm or the 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.
(75) Supine restraint--Placing a child in a chest up
restraint hold.
(76) Supplement--Includes vitamins, herbs, and any
supplement labeled dietary supplement.
(77) Swimming activities--Activities related to the
use of swimming pools, wading/splashing pools, hot tubs, or other
bodies of water.
(78) Toddler--A child from 18 months through 35 months
old.
(79) 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.
(80) 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.
(81) 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.
(82) Unsupervised childhood activities--Childhood activities
that a child in care participates in away from the foster home and
the foster parents. Childhood activities that the foster parents conduct
or supervise or the child-placing agency sponsors 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.
(83) Volunteer--A person who provides:
(A) Child-care services, treatment services, or programmatic
services under the auspices of the agency without monetary compensation;
or
(B) Any type of services under the auspices of the
agency without monetary compensation when the person has unsupervised
access to a child in care.
(84) 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.
|
| Source Note: The provisions of this §749.43 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective June 1, 2008, 33 TexReg 4196; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective December 1, 2014, 39 TexReg 9058; amended to be effective June 1, 2015, 40 TexReg 2790; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272; amended to be effective December 21, 2022, 47TexReg 8120 |
