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 prohibited 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 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.
(9) 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.
(10) Child/caregiver ratio--The maximum number of children
for whom one caregiver can be responsible.
(11) 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
chapter (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.
(12) Contract service provider--A person or entity
that is contracting with the operation to provide a service, whether
paid or unpaid. Also referred to as "contract staff" and "contractor"
in this chapter.
(13) 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.
(14) 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.
(15) 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.
(16) Days--Calendar days, unless otherwise stated.
(17) 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.
(18) Department--The Texas Department of Family and
Protective Services (DFPS).
(19) 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.
(20) Emergency behavior intervention (EBI)--Interventions
used in an emergency situation, including personal restraints, mechanical
restraints, emergency medication, and seclusion.
(21) 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.
(22) 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.
(23) 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 operation staff
and any owner who is present at the operation or transports any child
in care.
(24) 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).
(25) Field trip--A group activity conducted away from
the operation.
(26) Food service--The preparation or serving of meals
or snacks.
(27) Full-time--At least 30 hours per week.
Cont'd... |
