The words and terms used in this chapter have the meanings
assigned to them under §745.21 of this title (relating to What
do the following words and terms mean when used in this chapter?),
unless another meaning is assigned in this section or unless the context
clearly indicates otherwise. The following words and terms have the
following meanings unless the context clearly indicates otherwise:
(1) Accredited college or university--An institution
of higher education accredited by one of the following regional accrediting
entities:
(A) The Southern Association of Colleges and Schools
Commission on Colleges, a subdivision of the Southern Association
of Colleges and Schools;
(B) The Middle States Commission on Higher Education,
a component of the Middle States Association of Colleges and Schools;
(C) The Commission on Institutions of Higher Education,
a subdivision of the New England Association of Schools and Colleges;
(D) The Higher Learning Commission (formerly part of
the North Central Association of Colleges and Schools);
(E) The Northwest Commission on Colleges and Universities;
(F) The Accrediting Commission for Senior Colleges
and Universities, a subdivision of the Western Association of Schools
and Colleges; or
(G) The Accrediting Commission for Community and Junior
Colleges, a subdivision of the Western Association of Schools and
Colleges.
(2) Adaptive functioning--Refers to how effectively
a person copes with common life demands and how well the person meets
standards of personal independence expected of someone in his particular
age group, socio-cultural background, and community setting.
(3) Adoption record--All information received by the
child-placing agency that bears the child's name or pertains to the
child, including any information about the birth parents and adoptive
parents, is considered to be part of the adoption record.
(4) Adoptive home screening--Also known as a pre-adoptive
home screening. A written evaluation, prior to the placement of a
child in an adoptive home, of the:
(A) Prospective adoptive parents;
(B) Family of the prospective adoptive parents; and
(C) Environment of the adoptive parents and their family
in relation to their ability to meet the needs of a child, and if
a child has been identified for adoption, the needs of that particular
child.
(5) Adult--A person 18 years old or older.
(6) Adverse action--See corrective or adverse action.
(7) Babysitter--A person who temporarily cares for
a child in foster care for no more than 12 consecutive hours. A babysitter
is not required to meet the requirements for a caregiver unless the
babysitter is a verified foster parent, an agency employee, a contract
service provider, or a volunteer.
(8) Babysitting--Care provided by a babysitter.
(9) Caregiver--A caregiver:
(A) Is a person counted in the child/caregiver ratio
for foster care services, including employees, foster parents, contract
service providers, and volunteers, whose duties include direct care,
supervision, guidance, and protection of a child in care. This includes
any person who is solely responsible for a child in foster care. For
example, a child-placement staff that takes a foster child on an appointment
or doctor's visit is considered a caregiver;
(B) Does not include a babysitter, an overnight care
provider, or a respite child-care provider unless the person is:
(i) A verified foster parent;
(ii) An agency employee;
(iii) A contract service provider; or
(iv) A volunteer.
(C) Does not include a contract service provider who:
(i) Provides a specific type of service to your agency
for a limited number of hours per week or month;
(ii) Works with one particular child; or
(iii) Is a nurse being reimbursed by Medicaid;
(D) Does not include a person left alone momentarily
with a child in care while the caregiver leaves the room; and
(E) Does not include an adoptive parent.
(10) Certified fire inspector--Persons certified by
the Texas Commission on Fire Protection to conduct fire inspections.
(11) Chemical restraint--A prohibited type of emergency
behavior intervention that uses chemicals or pharmaceuticals through
topical application, oral administration, injection, or other means
to immobilize or sedate a child as a mechanism of control. The use
of a medication is not a chemical restraint under this chapter if
the medication:
(A) Is prescribed by a treating health-care professional;
(B) Is administered solely for medical or dental reasons;
and
(C) Has a secondary effect of immobilizing or sedating
a child.
(12) Child in care--A child who has been placed by
a child-placing agency in a foster or adoptive home, regardless of
whether the child is temporarily away from the home. Unless a child
has been discharged from the child-placing agency, the child is considered
a child in care.
(13) Child/caregiver ratio--The maximum number of children
for whom one caregiver can be responsible.
(14) Childhood activities--Activities that are generally
accepted as suitable for children of the same chronological age, level
of maturity, and developmental level as determined by a reasonable
and prudent parent standard as specified in §749.2605 of this
chapter (relating to What is the "reasonable and prudent parent standard"?).
Examples of childhood activities include extracurricular activities,
in-school and out-of-school activities, enrichment activities, cultural
activities, and employment opportunities. Childhood activities include
unsupervised childhood activities.
(15) Contract service provider--A person or entity
that is contracting with the operation to provide a service, whether
paid or unpaid. Also referred to as "contract staff" and "contractor"
in this chapter.
(16) Corporation or other type of business entity--May
include an association, corporation, nonprofit association, nonprofit
corporation, nonprofit association with religious affiliation, nonprofit
corporation with religious affiliation, limited liability company,
political subdivision, or state agency. For purposes of this chapter,
this definition does not include any type of "partnership," which
is defined separately.
(17) Corrective or adverse action--Is any action by
you that places a restriction or condition on a foster home's verification,
including the revocation of the verification. Note: For information
regarding a corrective or adverse action which Licensing is taking
against you, see Subchapter L of Chapter 745 (relating to Enforcement
Actions).
(18) Counseling--A procedure used by professionals
from various disciplines in guiding individuals, families, groups,
and communities by such activities as delineating alternatives, helping
to articulate goals, processing feelings and options, and providing
needed information. This definition does not include career counseling.
(19) Days--Calendar days, unless otherwise stated.
(20) De-escalation--Strategies used to defuse a volatile
situation, to assist a child to regain behavioral control, and to
avoid a physical restraint or other behavioral intervention.
(21) Department--The Department of Family and Protective
Services (DFPS).
(22) Discipline--A form of guidance that is constructive
or educational in nature and appropriate to the child's age, development,
situation, and severity of the behavior.
(23) Emergency Behavior Intervention (EBI)--Interventions
used in an emergency situation, including personal restraints, mechanical
restraints, emergency medication, and seclusion.
(24) Emergency medication--A type of emergency behavior
intervention that uses chemicals or pharmaceuticals through topical
application, oral administration, injection, or other means to modify
a child's behavior. The use of a medication is not an emergency medication
under this chapter if the medication:
(A) Is prescribed by a treating health-care professional;
(B) Is administered solely for a medical or dental
reason (e.g. Benadryl for an allergic reaction or medication to control
seizures); and
(C) Has a secondary effect of modifying a child's behavior.
(25) Emergency situation--A situation in which attempted
preventative de-escalatory or redirection techniques have not effectively
reduced the potential for injury, so that intervention is immediately
necessary to prevent:
Cont'd... |
