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RULE §700.1355What is a "significant event" requiring notice pursuant to this division?

(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.

Source Note: The provisions of this §700.1355 adopted to be effective June 1, 2016, 41 TexReg 3753

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