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 written procedures for screening applicants
to determine suitability for any position for which you are considering
an applicant. These procedures must include:
(A) Verifying an applicant's employment history as
required by §748.751 of this chapter (relating to What are the
requirements for obtaining and verifying an applicant's employment
history?); and
(B) Conducting reference checks as required by §748.753
of this chapter (relating to What are the requirements for completing
an applicant's reference checks?);
(4) Include a written professional staffing plan that:
(A) Demonstrates that the number, qualifications, and
responsibilities of professional positions, including the child-care
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; and for part-time and
consulting positions, the plan must specify the number of hours and
frequency of services;
(C) Documents your staffing patterns, including your
child/caregiver ratios, hours of coverage, and plans for providing
backup caregivers in emergencies; and
(D) Identifies, if you provide treatment services,
your ability to have enough caregivers, including caregivers who are
awake throughout the night to supervise children 24 hours a day, including
frequent one-to-one monitoring whenever necessary to meet the needs
of a particular child;
(5) Include written training requirements for employees
and caregivers;
(6) Include policies on whether your operation allows
individual caregivers to take children away from the operation for
day or overnight visits. The policy must require obtaining the parent's
written approval prior to allowing overnight visits with staff. The
policy must also address the issue outlined in §748.685(e) of
this chapter (relating to What responsibilities does a caregiver have
when supervising a child or children?);
(7) Comply with background check requirements outlined
in Subchapter F of Chapter 745 of this title (relating to Background
Checks);
(8) 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;
(9) 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
(10) Include either the model drug testing policy or
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?).
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| Source Note: The provisions of this §748.105 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; amended to be effective April 25, 2022, 47 TexReg 2248; amended to be effective August 9, 2023, 48 TexReg 3280 |
