(a) As the managing conservator of the child, DFPS
has the right and duty under the Texas Family Code to maintain reasonable
discipline of the child. When determining appropriate methods of discipline
for a child in DFPS conservatorship, DFPS must adhere to the following
principles:
(1) Children must be treated with dignity and respect
at all times;
(2) The primary purpose of discipline must be to encourage
safe and appropriate behavior, not to punish the child;
(3) Discipline must suit the particular child's needs
and circumstances and must take into account the child's age, developmental
level, specific misbehavior, previous reaction to discipline, and
history, including any history of physical or emotional abuse; and
(4) No child in DFPS's managing conservatorship may
be deprived of basic necessities or subjected to cruel, harsh, unusual,
or unnecessary punishment.
(b) DFPS has the right and the duty to ensure that
any caregiver with whom a child is placed is informed of any special
considerations that should be observed when disciplining the child,
provided that DFPS may not require that a caregiver violate any Child
Care Licensing minimum standards or other law related to discipline.
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