At a minimum, you must develop emergency behavior intervention
policies to implement the requirements in Subchapter N of this chapter
(relating to Emergency Behavior Intervention). The policies must include
the following:
(1) A complete description of emergency behavior interventions
that you permit caregivers to use;
(2) The specific techniques that caregivers can use;
(3) The qualifications for caregivers who assume the
responsibility for emergency behavior intervention implementation,
including required experience and training, and an evaluation component
for determining when a specific caregiver meets the requirements of
a caregiver qualified in emergency behavior intervention. You must
have an on-going program to evaluate caregivers qualified in emergency
behavior intervention and the use of emergency behavior interventions;
(4) Your requirements for and restrictions on the use
of permitted emergency behavior interventions;
(5) For the orientation required in §748.1209(b)(6)
of this title (relating to What orientation must I provide a child?),
how you will:
(A) Explain and document to a child in a manner that
the child can understand:
(i) Who can use an emergency behavior intervention;
(ii) The actions a caregiver must first attempt to
defuse the situation and avoid the use of emergency behavior intervention;
(iii) The situations in which emergency behavior intervention
may be used;
(iv) The types of emergency behavior intervention you
permit;
(v) When the use of an emergency behavior intervention
must cease;
(vi) What action the child must exhibit to be released
from the emergency behavior intervention;
(vii) The way to report an inappropriate emergency
behavior intervention;
(viii) The way to provide voluntary comments during
or after an emergency behavior intervention; and
(ix) The process for making written comments after
an emergency behavior intervention, such as comments regarding the
incident that led to the emergency behavior intervention, the manner
in which a caregiver intervened, and the manner in which the child
was the subject or to which they were a witness. You may create a
standardized form that is easily accessible or give children the permission
to submit comments on regular paper; and
(B) Obtain each child's input on preferred de-escalation
techniques that caregivers can use to assist the child in the de-escalation
process;
(6) That you will either:
(A) Post in a place where children and adult clients
can view them, the emergency behavior interventions that you permit
at your operation; or
(B) Provide the children and adult clients at admission
a personal copy of the operation's emergency behavior intervention
policies;
(7) Requirements that caregivers must attempt less
restrictive and less intrusive emergency behavior interventions as
preventive measures and de-escalating interventions to avoid the use
of emergency behavior intervention;
(8) Training for emergency behavior intervention. The
policy must include a description of the emergency behavior intervention
training curriculum that meets the requirements in the rules of this
chapter, the amount and type of training required for different levels
of caregivers (if applicable), training content, and how the training
will be delivered; and
(9) Prohibitions for discharging or otherwise retaliating
against:
(A) An employee, child in care, adult client, resident,
or other person for filing a complaint, presenting a grievance, or
otherwise providing in good faith information relating to the misuse
of emergency behavior intervention at the operation; or
(B) A child in care, adult client, or resident because
someone on behalf of the client or resident files a complaint, presents
a grievance, or otherwise provides in good faith information relating
to the misuse of emergency behavior intervention at the operation.
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| Source Note: The provisions of this §748.113 adopted to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909 |
