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RULE §749.43What do certain words and terms mean in this chapter?

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) 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, socio-cultural background, and community setting.

  (3) Adoption record--All information received by the child-placing agency that bears the child's name or pertains to the child, including any information about the birth parents and adoptive parents, is considered to be part of the adoption record.

  (4) Adoptive home screening--Also known as a pre-adoptive home screening. A written evaluation, prior to the placement of a child in an adoptive home, of the:

    (A) Prospective adoptive parents;

    (B) Family of the prospective adoptive parents; and

    (C) Environment of the adoptive parents and their family in relation to their ability to meet the needs of a child, and if a child has been identified for adoption, the needs of that particular child.

  (5) Adult--A person 18 years old or older.

  (6) Adverse action--See corrective or adverse action.

  (7) Babysitter--A person who temporarily cares for a child in foster care for no more than 12 consecutive hours. A babysitter is not required to meet the requirements for a caregiver unless the babysitter is a verified foster parent, an agency employee, a contract service provider, or a volunteer.

  (8) Babysitting--Care provided by a babysitter.

  (9) Caregiver--A caregiver:

    (A) Is a person counted in the child/caregiver ratio for foster care services, including employees, foster parents, contract service providers, and volunteers, whose duties include direct care, supervision, guidance, and protection of a child in care. This includes any person who is solely responsible for a child in foster care. For example, a child-placement staff that takes a foster child on an appointment or doctor's visit is considered a caregiver;

    (B) Does not include a babysitter, an overnight care provider, or a respite child-care provider unless the person is:

      (i) A verified foster parent;

      (ii) An agency employee;

      (iii) A contract service provider; or

      (iv) A volunteer.

    (C) Does not include a contract service provider who:

      (i) Provides a specific type of service to your agency for a limited number of hours per week or month;

      (ii) Works with one particular child; or

      (iii) Is a nurse being reimbursed by Medicaid;

    (D) Does not include a person left alone momentarily with a child in care while the caregiver leaves the room; and

    (E) Does not include an adoptive parent.

  (10) Certified fire inspector--Persons certified by the Texas Commission on Fire Protection to conduct fire inspections.

  (11) 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.

  (12) Child in care--A child who has been placed by a child-placing agency in a foster or adoptive home, regardless of whether the child is temporarily away from the home. Unless a child has been discharged from the child-placing agency, the child is considered a child in care.

  (13) Child/caregiver ratio--The maximum number of children for whom one caregiver can be responsible.

  (14) 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 §749.2605 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.

  (15) 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.

  (16) 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.

  (17) Corrective or adverse action--Is any action by you that places a restriction or condition on a foster home's verification, including the revocation of the verification. Note: For information regarding a corrective or adverse action which Licensing is taking against you, see Subchapter L of Chapter 745 (relating to Enforcement Actions).

  (18) 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.

  (19) Days--Calendar days, unless otherwise stated.

  (20) 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.

  (21) Department--The Department of Family and Protective Services (DFPS).

  (22) 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.

  (23) Emergency Behavior Intervention (EBI)--Interventions used in an emergency situation, including personal restraints, mechanical restraints, emergency medication, and seclusion.

  (24) 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.

  (25) 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:


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