Texas Administrative Code

Texas Administrative Code

TITLE 26	HEALTH AND HUMAN SERVICES
PART 1	HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749	MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER L	FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION
DIVISION 9	TRIGGERED REVIEWS
RULE §749.2331	What circumstances trigger a review of the use of emergency behavior intervention for a specific child?

(a) The following circumstances trigger a review for certain emergency behavior interventions:

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(b) You may exceed the number of restraints otherwise allowed in (2) Personal restraint of Figure: 40 TAC §749.2331(a) for a child if a licensed psychiatrist or psychologist issues a written order or if a service planning team makes a recommendation allowing you to do so and you ensure the following:

(1) If applicable, the recommendation from the service planning team includes the same written information as an order, as specified in §749.2105 of this title (relating to What information must a written order include?); and

(2) At least one triggered review is conducted in accordance with §749.2337 of this title (relating to What must the triggered review include and what must be documented in the child’s record?) every 30 days that personal restraints in excess of the threshold are authorized.

Source Note: The provisions of this §749.2331 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective February 7, 2017, 42 TexReg 491; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909