(a) A "significant event" for which notice is required
under this division includes:
(1) a placement change, including failure by DFPS to
locate an appropriate placement for at least one night;
(2) a significant change in medical condition, including
mental or behavioral health conditions;
(3) an initial prescription of a psychotropic medication
or a change in dosage of a psychotropic medication, which includes
titration or discontinuation of the medication;
(4) significant events in school, including:
(A) a major change in school performance, including
any failing grade in a reporting period that jeopardizes the student's
advancement to the next grade level;
(B) a serious disciplinary event; and
(C) any event for which the school district is required
by §25.007, Texas Education Code, to provide notice to DFPS;
and
(5) additional important events, including:
(A) a decision by the person authorized to provide
medical consent on behalf of the child pursuant to §266.004,
Texas Family Code, not to follow a medical recommendation, including
recommendations related to medication;
(B) an investigation by Residential Child-Care Licensing
or Child Protective Services of alleged abuse or neglect, regardless
of whether the subject child is alleged to have been the victim or
perpetrator of abuse or neglect;
(C) the use of emergency behavior intervention, including
personal restraints, emergency medication, seclusion, mechanical restraints,
or chemical restraints, if DFPS receives notice about such use from
the individual or entity who used the emergency behavior intervention;
and
(D) the involvement of the child with law enforcement
or juvenile justice, regardless of whether the child is involved as
a victim or alleged offender.
(b) For the purposes of this section "emergency behavior
intervention" and related terms such as "personal restraint", "emergency
medication", "seclusion", "mechanical restraint", and "chemical restraint"
if they are utilized in a general residential operation or child-placing
agency have the meaning given to them by Chapter 748 of this title
(relating to Minimum Standards for General Residential Operations)
and Chapter 749 of this title (relating to Minimum Standards for Child-Placing
Agencies), including §748.2401 and §749.2001 of this title
(relating to What do certain words mean in this subchapter?). In facilities
other than GROs and CPAs, emergency behavior intervention and related
terms are defined by the relevant standards and laws in effect for
the facility or operation in which the intervention is used.
(c) Nothing in this section shall be construed to create
or enlarge applicable legal requirements for the individuals and entities
listed in §700.1357 of this title (relating to Who must receive
notice of significant events under this division?) to provide notice
of a significant event to DFPS. Such requirements are governed by
other applicable law, including but not limited to Chapter 748 of
this title and Chapter 749 of this title as those standards are promulgated
by the Child-Care Licensing Division pursuant to Chapter 42, Texas
Human Resources Code and apply to general residential operations and
child-placing agencies.
(d) Nothing in this section shall be construed to permit
the use of personal restraints, emergency medication, seclusion, mechanical
restraints, chemical restraints, or any similar behavioral intervention
if not already permitted by law.
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