(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.
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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 |