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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER CORGANIZATION AND ADMINISTRATION
DIVISION 1PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS
RULE §749.105What are the requirements for my personnel policies and procedures?

Your personnel policies and procedure must:

  (1) Include an organizational chart showing the administrative, professional, and staffing structures and lines of authority;

  (2) Include written job descriptions, including minimum qualifications and job responsibilities for each position;

  (3) Include a written professional staffing plan that:

    (A) Demonstrates that the number, qualifications, and responsibilities of professional positions, including the child-placing agency administrator, are appropriate for the size and scope of your services and that workloads are reasonable enough to meet the needs of the children in care;

    (B) Describes in detail the qualifications, duties, responsibilities, and authority of professional positions. For each position, the plan must show whether employment is on a full-time, part-time, or continuing consultative basis. For part-time and consulting positions, the plan must specify the number of hours and frequency of services, if applicable; and

    (C) Describes how staff or service providers support clients served through branch offices;

  (4) Include written training requirements for employees and caregivers;

  (5) Comply with background check requirements outlined in Subchapter F of Chapter 745 of this title (relating to Background Checks);

  (6) Require your employees to report serious incidents and suspected abuse, neglect, or exploitation. An employee who suspects abuse, neglect, or exploitation must report the employee's suspicion directly to the Texas Abuse and Neglect Hotline, as directed by Texas Family Code §261.101(b). An employee may not delegate the responsibility to make a report, and you may not require an employee to seek approval to file a report or to notify you that a report was made;

  (7) Require that all employees and consulting, contracting, and volunteer professionals who work with a child and others with access to information about a child be informed in writing of their responsibility to maintain child confidentiality; and

  (8) Either adopt the model drug testing policy or have a written drug testing policy that meets or exceeds the criteria in the model policy provided in §745.4151 of this title (relating to What drug testing policy must my residential child-care operation have?).


Source Note: The provisions of this §749.105 adopted to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective April 25, 2022, 47 TexReg 2272

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