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

    (A) Imminent probable death or substantial physical injury to the child because the child attempts or continually threatens to commit suicide or substantial physical injury; 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.

  (26) 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 child-placing agency staff and any owner who is present at the operation or a foster home or transports any child in care.

  (27) 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).

  (28) Foster care--Care that is provided to a foster child by a foster family home.

  (29) Foster family home--A home that is the primary residence of the foster parent(s) and provides care for six or fewer children or young adults, under the regulation of a child-placing agency. Also referred to as a "foster home" in this chapter.

  (30) Foster home screening--A written evaluation, prior to the verification of the foster home, of the:

    (A) Prospective foster parent(s);

    (B) Family of the prospective foster parent(s);

    (C) All other part- or full-time household members; and

    (D) Environment of the foster parent(s) and their family in relation to their ability to meet the child's needs.

  (31) Foster parent--A person verified to provide child-care services in the foster home.

  (32) Full-time--At least 30 hours per week.

  (33) Governing body--A group of persons or officers of the corporation or other type of business entity having ultimate authority and responsibility for the child-placing agency.

  (34) Grounds--Includes any parcel of land where the foster home is located and any building, other structure, body of water, play equipment, street, sidewalk, walkway, driveway, parking garage, or parking lot on the parcel. Also referred to as "premises" in this chapter.

  (35) Health-care professional--A licensed physician, licensed advanced practice registered nurse (APRN), physician's assistant, licensed vocational nurse (LVN), licensed registered nurse (RN), or other licensed medical personnel providing health care to the child within the scope of the person's license. This does not include physicians, nurses, or other medical personnel not licensed to practice in the United States or in the country in which the person practices.

  (36) High-risk behavior--Behavior of a child that creates an immediate safety risk to the child or others. Examples of high-risk behavior include suicide attempt, self-abuse, physical aggression causing bodily injury, chronic running away, substance abuse, fire setting, and sexual aggression or perpetration.

  (37) Human services field--A field of study that contains coursework in the social sciences of psychology and social work including some counseling classes focusing on normal and abnormal human development and interpersonal relationship skills from an accredited college or university. Coursework in guidance counseling does not apply.

  (38) Immediate danger to self or others--A situation where a prudent person would conclude that bodily harm would occur if there were no immediate interventions. Immediate danger includes a serious risk of suicide, serious physical injury to self or others, or the probability of bodily harm resulting from a child running away. Immediate danger does not include:

    (A) Harm that might occur over time or at a later time; or

    (B) Verbal threats or verbal attacks.

  (39) Infant--A child from birth through 17 months.

  (40) Master record--The compilation of all required records for a specific person or home, such as a master personnel record, master case record for a child, or a master case record for a foster or adoptive home.

  (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;


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