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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER BDEFINITIONS AND SERVICES
DIVISION 1DEFINITIONS
RULE §749.43What do certain words and terms mean in this chapter?

  (41) Mechanical restraint--A prohibited type of emergency behavior intervention that uses the application of a device to restrict the free movement of all or part of a child's body in order to control physical activity.

  (42) Mental health professional--Refers to:

    (A) A psychiatrist licensed by the Texas Medical Board;

    (B) A psychologist licensed by the Texas State Board of Examiners of Psychologists;

    (C) A master's level social worker or higher licensed by the Texas State Board of Social Work Examiners;

    (D) A professional counselor licensed by the Texas State Board of Examiners of Professional Counselors;

    (E) A marriage and family therapist licensed by the Texas State Board of Examiners of Marriage and Family Therapists; and

    (F) A master's level or higher nurse licensed as an Advanced Practice Registered Nurse by the Texas Board of Nursing and board certified in Psychiatric/Mental Health.

  (43) Non-ambulatory--A child that is only able to move from place to place with assistance, such as a walker, crutches, a wheelchair, or prosthetic leg.

  (44) Non-mobile--A child that is not able to move from place to place, even with assistance.

  (45) Normalcy--See §749.2601 of this chapter (relating to What is "normalcy"?).

  (46) Overnight care--Care provided by an overnight care provider.

  (47) Overnight care provider--A person who temporarily cares for a child in foster care for more than 12 consecutive hours, but no more than 72 consecutive hours.

  (48) Owner--The sole proprietor, partnership, or corporation or other type of business entity who owns a child-placing agency.

  (49) Parent--A person or entity that has legal responsibility for or legal custody of a child, including the managing conservator, or legal guardian of the child or a legally authorized representative of an entity with that status.

  (50) Partnership--A partnership may be a general partnership, (general) limited liability partnership, limited partnership, or limited partnership as limited liability partnership.

  (51) Permit holder--The owner of the child-placing agency that is granted the permit.

  (52) Person legally authorized to give consent--The person legally authorized to give consent by the Texas Family Code or a person authorized by the court.

  (53) Personal restraint--A type of emergency behavior intervention that uses the application of physical force without the use of any device to restrict the free movement of all or part of a child's body in order to control physical activity.

  (54) Physical force--Pressure applied to a child's body that reduces or eliminates the child's ability to move freely.

  (55) Post-adoption services--Services available through the child-placing agency (direct or on referral) to birth and adoptive parents and the adoptive child after the adoption is consummated. Examples include counseling, maintaining a registry if a central registry is not used, providing pertinent, new medical information to birth or adoptive parents, or providing the adult adoptee a copy of his record upon request.

  (56) Post-placement adoptive report--A written evaluation of the assessments and interviews, after the adoptive placement of the child, regarding the:

    (A) Child;

    (B) Prospective adoptive parent(s);

    (C) Family of the prospective adoptive parent(s);

    (D) Environment of the prospective adoptive parents and their family; and

    (E) Adjustment of all individuals to the placement.

  (57) Pre-adoptive home screening--See adoptive home screening.

  (58) Premises--See the term "grounds" and its definition in this section.

  (59) PRN--A standing order or prescription that applies "pro re nata" or "as needed according to circumstances."

  (60) Professional service provider--Refers to:

    (A) A child placement management staff or person qualified to assist in child placing activity;

    (B) A psychiatrist licensed by the Texas Medical Board;

    (C) A psychologist licensed by the Texas State Board of Examiners of Psychologists;

    (D) A master's level social worker or higher licensed by the Texas State Board of Social Work Examiners;

    (E) A professional counselor licensed by the Texas State Board of Examiners of Professional Counselors;

    (F) A marriage and family therapist licensed by the Texas State Board of Examiners of Marriage and Family Therapists;

    (G) A master's level or higher nurse licensed as an Advanced Practice Registered Nurse by the Texas Board of Nursing and board certified in Psychiatric/Mental Health; and

    (H) Other professional employees in fields such as drug counseling, nursing, special education, vocational counseling, pastoral counseling, and education who may be included in the professional staffing plan for your agency that provides treatment services if the professional's responsibilities are appropriate to the scope of the agency's program description. These professionals must have the minimum qualifications generally recognized in the professional's area of specialization.

  (61) Prone restraint--A restraint in which the child is placed in a chest-down hold.

  (62) Psychosocial assessment--An evaluation by a mental health professional of a child's mental health that includes a:

    (A) Clinical interview of the child;

    (B) Diagnosis from the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5), or statement that rules out a DSM-5 diagnosis;

    (C) Treatment plan for the child, including whether further evaluation of the child is needed (for example: is a psychiatric evaluation needed to determine if the child would benefit from psychotropic medication or hospitalization; or is a psychological evaluation with psychometric testing needed to determine if the child has a learning disability or an intellectual disability); and

    (D) Written summary of the assessment.

  (63) Re-evaluate--Assessing all factors required for the initial evaluation for the purpose of determining if any substantive changes have occurred. If substantive changes have occurred, these areas must be fully evaluated.

  (64) Regularly--On a recurring, scheduled basis. Note: For the definition for "regularly or frequently present at an operation" as it applies to background checks, see §745.601 of this title (relating to What words must I know to understand this subchapter?).

  (65) Residential child-care operation--A licensed or certified operation that provides residential child care. Also referred to as a "residential child-care facility."

  (66) Sanitize--The use of a product (usually a disinfecting solution) registered by the Environmental Protection Agency (EPA) that substantially reduces germs on inanimate objects to levels considered safe by public health requirements. Many bleach and hydrogen peroxide products are EPA-registered. You must follow the product's labelling instructions for sanitizing (paying particular attention to any instructions regarding contact time and toxicity on surfaces likely to be mouthed by children, such as toys and crib rails). For an EPA-registered sanitizing product or disinfecting solution that does not include labelling instructions for sanitizing (a bleach product, for example), you must conduct these steps in the following order:

    (A) Washing with water and soap;

    (B) Rinsing with clear water;

    (C) Soaking in or spraying on a disinfecting solution for at least two minutes. Rinsing with cool water only those items that a child is likely to place in his mouth; and

    (D) Allowing the surface or item to air-dry.

  (67) School-age child--A child who is five years old or older and is enrolled in or has completed kindergarten.

  (68) Seat belt--A lap belt and any shoulder strap included as original equipment on or added to a motor vehicle.

  (69) Seclusion--A type of emergency behavior intervention that involves the involuntary separation of a child from other children and the placement of the child alone in an area from which the child is prevented from leaving. Examples of such an area include where the child is prevented from leaving by a physical barrier, force, or threat of force.

  (70) Service plan--A plan that identifies a child's basic and specific needs and how those needs will be met.

  (71) Short personal restraint--A personal restraint that does not last longer than one minute before the child is released.

Cont'd...

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