| (A) Imminent probable death or substantial physical
injury to the child because the child attempts or continually threatens
to commit suicide or substantial physical injury; 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.
(26) Employee--A person an operation employs full-time
or part-time to work for wages, salary, or other compensation. For
the purposes of this chapter, employees include all child-placing
agency staff and any owner who is present at the operation or a foster
home or transports any child in care.
(27) 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).
(28) Foster care--Care that is provided to a foster
child by a foster family home.
(29) Foster family home--A home that is the primary
residence of the foster parent(s) and provides care for six or fewer
children or young adults, under the regulation of a child-placing
agency. Also referred to as a "foster home" in this chapter.
(30) Foster home screening--A written evaluation, prior
to the verification of the foster home, of the:
(A) Prospective foster parent(s);
(B) Family of the prospective foster parent(s);
(C) All other part- or full-time household members;
and
(D) Environment of the foster parent(s) and their family
in relation to their ability to meet the child's needs.
(31) Foster parent--A person verified to provide child-care
services in the foster home.
(32) Full-time--At least 30 hours per week.
(33) Governing body--A group of persons or officers
of the corporation or other type of business entity having ultimate
authority and responsibility for the child-placing agency.
(34) Grounds--Includes any parcel of land where the
foster home is located and any building, other structure, body of
water, play equipment, street, sidewalk, walkway, driveway, parking
garage, or parking lot on the parcel. Also referred to as "premises"
in this chapter.
(35) Health-care professional--A licensed physician,
licensed advanced practice registered nurse (APRN), 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 physicians,
nurses, or other medical personnel not licensed to practice in the
United States or in the country in which the person practices.
(36) High-risk behavior--Behavior of a child that creates
an immediate safety risk to the child 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.
(37) 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.
(38) Immediate danger to self or others--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.
Immediate danger does not include:
(A) Harm that might occur over time or at a later time;
or
(B) Verbal threats or verbal attacks.
(39) Infant--A child from birth through 17 months.
(40) Master record--The compilation of all required
records for a specific person or home, such as a master personnel
record, master case record for a child, or a master case record for
a foster or adoptive home.
(41) Mechanical restraint--A prohibited 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.
(42) 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.
(43) 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.
(44) Non-mobile--A child that is not able to move from
place to place, even with assistance.
(45) Normalcy--See §749.2601 of this chapter (relating
to What is "normalcy"?).
(46) Overnight care--Care provided by an overnight
care provider.
(47) Overnight care provider--A person who temporarily
cares for a child in foster care for more than 12 consecutive hours,
but no more than 72 consecutive hours.
(48) Owner--The sole proprietor, partnership, or corporation
or other type of business entity who owns a child-placing agency.
(49) Parent--A person or entity that has legal responsibility
for or legal custody of a child, including the managing conservator,
or legal guardian of the child or a legally authorized representative
of an entity with that status.
(50) Partnership--A partnership may be a general partnership,
(general) limited liability partnership, limited partnership, or limited
partnership as limited liability partnership.
(51) Permit holder--The owner of the child-placing
agency that is granted the permit.
(52) 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.
(53) 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.
(54) Physical force--Pressure applied to a child's
body that reduces or eliminates the child's ability to move freely.
(55) Post-adoption services--Services available through
the child-placing agency (direct or on referral) to birth and adoptive
parents and the adoptive child after the adoption is consummated.
Examples include counseling, maintaining a registry if a central registry
is not used, providing pertinent, new medical information to birth
or adoptive parents, or providing the adult adoptee a copy of his
record upon request.
(56) Post-placement adoptive report--A written evaluation
of the assessments and interviews, after the adoptive placement of
the child, regarding the:
(A) Child;
(B) Prospective adoptive parent(s);
(C) Family of the prospective adoptive parent(s);
(D) Environment of the prospective adoptive parents
and their family; and
(E) Adjustment of all individuals to the placement.
(57) Pre-adoptive home screening--See adoptive home
screening.
(58) Premises--See the term "grounds" and its definition
in this section.
(59) PRN--A standing order or prescription that applies
"pro re nata" or "as needed according to circumstances."
(60) Professional service provider--Refers to:
(A) A child placement management staff or person qualified
to assist in child placing activity;
(B) A psychiatrist licensed by the Texas Medical Board;
(C) A psychologist licensed by the Texas State Board
of Examiners of Psychologists;
Cont'd... |
