 |
Texas Administrative Code (Last Updated: March 27,2024) |
 |
TITLE 26. HEALTH AND HUMAN SERVICES |
|
|
PART 1. HEALTH AND HUMAN SERVICES COMMISSION |
|
|
CHAPTER 748. MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS |
| SUBCHAPTER A. PURPOSE AND SCOPE |
| § 748.1. What is the purpose of this chapter? |
| § 748.3. Who is responsible for complying with these minimum standards? |
| § 748.5. How do Residential Treatment Centers comply with the rules of this chapter? |
| § 748.7. How are these regulations applied to family residential centers? |
| SUBCHAPTER B. DEFINITIONS AND SERVICES |
| DIVISION 1. DEFINITIONS |
| § 748.41. What do certain pronouns mean in this chapter? |
| § 748.43. What do certain words and terms mean in this chapter? |
| DIVISION 2. SERVICES |
| § 748.61. What types of services does Licensing regulate? |
| § 748.63. Can I provide each type of service that Licensing regulates? |
| § 748.65. What children are eligible to participate in a transitional living program? |
| § 748.67. What are the requirements for a transitional living program? |
| § 748.69. What is an "independent living program"? |
| § 748.71. May I have an independent living program? |
| § 748.73. What are respite child-care services? |
| § 748.75. May I use or provide respite child-care services? |
| DIVISION 3. CARE OF UNLAWFULLY PRESENT INDIVIDUALS |
| § 748.81. What do certain terms mean in this division? |
| § 748.83. May I provide care to or shelter an unlawfully present individual? |
| § 748.85. What are the requirements if I operate my general residential operation while an exempt program separately provides care for an unlawfully present individual? |
| SUBCHAPTER C. ORGANIZATION AND ADMINISTRATION |
| DIVISION 1. REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS |
| § 748.101. What plans must I submit for Licensing's approval as part of the application process? |
| § 748.103. What policies and procedures must I submit for Licensing's approval as part of the application process? |
| § 748.105. What are the requirements for my personnel policies and procedures? |
| § 748.107. What must my conflict of interest policies include? |
| § 748.109. What must my admission policies include? |
| § 748.111. What child-care policies must I develop? |
| § 748.113. What emergency behavior intervention policies must I develop if my operation is permitted to use emergency behavior intervention? |
| § 748.115. What are the requirements for my discipline policies for children in care? |
| § 748.117. What policies for a transitional living program must I develop? |
| § 748.119. What policies must I develop if I use volunteers? |
| § 748.121. What abuse and neglect policies must I develop? |
| § 748.123. What must an employee policy for protecting children from vaccine-preventable diseases include? |
| § 748.124. What suicide prevention, intervention, and postvention policy must I have? |
| § 748.125. What is the model suicide prevention, intervention, and postvention policy? |
| § 748.126. What are the general requirements for an operation's policies and procedures? |
| § 748.127. What requirements must I follow when adopting my operation's plans, policies, and procedures? |
| § 748.129. Can Licensing cite my operation for a deficiency if I fail to operate according to my approved plans, policies, and procedures? |
| DIVISION 2. OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS |
| § 748.151. What are my operational responsibilities? |
| § 748.153. What changes must I notify Licensing about regarding my operation? |
| § 748.154. What is my timeframe for filling my child-care administrator position if it becomes vacant while I do not have a back-up administrator to carry out the administrator duties? |
| § 748.155. May I exceed my operation's capacity? |
| § 748.157. May I provide child day care services? |
| § 748.158. What are the liability insurance requirements? |
| § 748.159. What are acceptable reasons not to have liability insurance? |
| § 748.160. When must I notify parents that I do not carry liability insurance? |
| DIVISION 3. GENERAL FISCAL REQUIREMENTS |
| § 748.161. What are my fiscal requirements? |
| DIVISION 4. REQUIRED POSTINGS |
| § 748.191. What items must I post at my operation? |
| SUBCHAPTER D. REPORTS AND RECORD KEEPING |
| DIVISION 1. REPORTING SERIOUS INCIDENTS AND OTHER OCCURRENCES |
| § 748.301. What do certain terms mean in this subchapter? |
| § 748.303. When must I report and document a serious incident? |
| § 748.305. What constitutes a suicide attempt by a child? |
| § 748.309. How do I make a report of a serious incident or occurrence to Licensing? |
| § 748.311. How must I document a serious incident? |
| § 748.313. What additional documentation must I include with a written serious incident report? |
| § 748.315. How long must I keep incident reports? |
| § 748.317. What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child? |
| § 748.319. How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency? |
| DIVISION 2. OPERATION RECORDS |
| § 748.341. What are the retention requirements for my operation's policies? |
| § 748.343. What policies and procedures must I have for protecting records? |
| § 748.345. What additional policies and procedures must I have for electronic records? |
| § 748.347. Are electronic signatures allowed? |
| DIVISION 3. PERSONNEL RECORDS |
| § 748.361. Where must I maintain personnel records? |
| § 748.363. What information must the personnel record of an employee include? |
| § 748.365. What information regarding personnel must be kept confidential? |
| DIVISION 4. CHILD RECORDS |
| § 748.391. What is an active child record? |
| § 748.393. How must I maintain an active child record? |
| § 748.395. How current must a child's record be? |
| § 748.397. Who must consent to the release of a child's record? |
| § 748.399. Must I make records available for Licensing to review? |
| § 748.401. How must I maintain a child's record that is not active? |
| DIVISION 5. RECORD RETENTION |
| § 748.431. How long must I maintain personnel records? |
| § 748.433. How long must I maintain child records? |
| DIVISION 6. UNAUTHORIZED ABSENCES |
| § 748.451. What additional requirements are there for unauthorized absences of children from my operation? |
| § 748.453. What documentation must be included in an annual summary log for a child who has an unauthorized absence? |
| § 748.455. What are the requirements for debriefing a child after an unauthorized absence? |
| § 748.457. When must a triggered review of a child's unauthorized absences occur? |
| § 748.459. Who must participate in a triggered review of a child's unauthorized absences? |
| § 748.461. What must a triggered review of a child's unauthorized absences include? |
| § 748.463. What is an overall operation evaluation for unauthorized absences? |
| SUBCHAPTER E. PERSONNEL |
| DIVISION 1. GENERAL REQUIREMENTS |
| § 748.503. Does education received outside of the United States count toward educational qualifications? |
| § 748.505. What minimum qualifications must all employees meet? |
| § 748.507. What general responsibilities do all employees have? |
| § 748.509. What are the requirements for tuberculosis screening? |
| § 748.511. Is an employee, contract service provider, or volunteer allowed to be in possession of a handgun? |
| DIVISION 2. CHILD-CARE ADMINISTRATOR |
| § 748.531. What qualifications must a child-care administrator meet? |
| § 748.532. When can a child-care administrator with a provisional license serve as the administrator for a general residential operation? |
| § 748.533. Can a child-care administrator be an administrator for two residential child-care operations? |
| § 748.535. What responsibilities must the child-care administrator have? |
| § 748.537. What must the system for ensuring that an employee is available to handle emergencies include? |
| § 748.539. Who must have overall administrative responsibility when the child-care administrator is absent on a frequent and/or extended basis? |
| DIVISION 3. PROFESSIONAL LEVEL SERVICE PROVIDERS |
| § 748.561. What professional level service activities must a professional level service provider perform at my operation? |
| § 748.563. What professional qualifications must a professional level service provider have in order to perform professional level service activities? |
| § 748.565. How must a professional level service provider document approval of professional level service functions? |
| § 748.567. What are the requirements for the caseloads of a professional level service provider? |
| § 748.569. Must I have health-care professionals on staff or on contract if I provide services to children with primary medical needs? |
| § 748.571. What are the responsibilities of a registered nurse at an operation that provides services to a child with primary medical needs? |
| § 748.575. In what circumstances may a physician or registered nurse (including an advanced practice registered nurse) delegate nursing tasks to unlicensed caregivers? |
| DIVISION 4. TREATMENT DIRECTOR |
| § 748.601. Must I have a treatment director? |
| § 748.603. What are the responsibilities of a treatment director? |
| § 748.605. What qualifications must a treatment director have? |
| § 748.607. If I provide more than one type of treatment service, can I have one treatment director? |
| DIVISION 5. CAREGIVERS |
| § 748.681. What minimum qualifications must a caregiver meet? |
| § 748.683. What are the general requirements for supervising caregivers? |
| § 748.685. What responsibilities does a caregiver have when supervising a child or children? |
| DIVISION 6. NORMALCY |
| § 748.701. What is "normalcy"? |
| § 748.703. Are children in care required to participate in childhood activities? |
| § 748.705. What is the "reasonable and prudent parent standard"? |
| § 748.707. Who makes the decision regarding a foster child's participation in childhood activities? |
| § 748.709. Are there any restrictions on who can be a designated person that makes decisions regarding a child's participation in childhood activities? |
| DIVISION 7. CONTRACT STAFF AND VOLUNTEERS |
| § 748.721. What are the requirements for a volunteer? |
| § 748.723. Are there additional requirements for a volunteer or contractor that performs employee functions? |
| § 748.724. When is a volunteer or contractor who is a part of another organization subject to my policies and procedures? |
| § 748.725. Can a volunteer or a volunteer's family take a child in care for an overnight or weekend visit? |
| § 748.729. What must I do when a child in care visits a volunteer or a volunteer's family for a day or overnight? |
| § 748.731. May a person perform community service hours at my operation? |
| DIVISION 8. PRE-EMPLOYMENT SCREENING |
| § 748.751. What are the requirements for obtaining and verifying an applicant's employment history? |
| § 748.753. What are the requirements for completing an applicant's reference checks? |
| SUBCHAPTER F. TRAINING AND PROFESSIONAL DEVELOPMENT |
| DIVISION 1. DEFINITIONS |
| § 748.801. What do certain words mean in this subchapter? |
| DIVISION 2. OVERVIEW OF TRAINING AND EXPERIENCE REQUIREMENTS |
| § 748.811. What are the training and experience requirements for a caregiver? |
| § 748.813. What are the training requirements for an employee? |
| DIVISION 3. ORIENTATION |
| § 748.831. What is the orientation requirement for caregivers and employees? |
| § 748.833. When may a caregiver or employee be exempt from orientation? |
| DIVISION 4. PRE-SERVICE EXPERIENCE AND TRAINING |
| § 748.861. What are the pre-service experience requirements for a caregiver? |
| § 748.863. What are the pre-service training requirements for a caregiver? |
| § 748.864. What are the pre-service training requirements for an employee? |
| § 748.865. Can time spent in orientation training count towards pre-service training? |
| § 748.867. What caregivers or employees are exempt from certain pre-service training requirements? |
| § 748.869. How must pre-service training be conducted? |
| DIVISION 5. CURRICULUM COMPONENTS FOR PRE-SERVICE TRAINING |
| § 748.881. What curriculum components must be included in the general pre-service training? |
| § 748.882. What curriculum components must be included in the pre-service training for normalcy? |
| § 748.883. What curriculum components must be included in the pre-service training for safe sleeping? |
| § 748.885. What curriculum components must be included in the pre-service training for administering psychotropic medication? |
| § 748.887. If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention? |
| § 748.889. If I allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training for emergency behavior intervention? |
| DIVISION 6. FIRST AID AND CPR CERTIFICATION |
| § 748.911. Who must have first aid and CPR training? |
| § 748.913. What are the requirements for CPR training? |
| § 748.915. What documentation must I maintain for first aid and CPR certifications? |
| DIVISION 7. ANNUAL TRAINING |
| § 748.930. What are the annual training requirements for a caregiver? |
| § 748.931. What are the annual training requirements for an employee? |
| § 748.935. When must an employee or caregiver complete the annual training? |
| § 748.936. When must a caregiver complete emergency behavior intervention training? |
| § 748.937. What types of hours or instruction can be used to complete the annual training requirements? |
| § 748.939. Does Licensing approve training resources or trainers for annual training hours? |
| DIVISION 8. TOPICS AND CURRICULUM COMPONENTS FOR ANNUAL TRAINING |
| § 748.941. How must annual training be conducted? |
| § 748.943. What areas or topics are appropriate for annual training? |
| § 748.944. What curriculum components must be included in the annual training for normalcy? |
| § 748.945. What curriculum components must be included in the annual training for administering psychotropic medication? |
| § 748.947. What curriculum components must be included in the annual training for emergency behavior intervention? |
| § 748.949. What documentation must I maintain for annual training? |
| SUBCHAPTER G. CHILD/CAREGIVER RATIOS |
| § 748.1001. What is the child/caregiver ratio? |
| § 748.1003. For purposes of the child/caregiver ratio, how many children can a single caregiver care for during the children's waking hours? |
| § 748.1005. Can child/caregiver ratios be averaged on an operation-wide basis? |
| § 748.1007. For purposes of the child/caregiver ratio, how many children can a single caregiver care for when children are asleep at night? |
| § 748.1009. How many caregivers must I employ? |
| § 748.1011. What employees can be counted as a caregiver in the child/caregiver ratio? |
| § 748.1013. How does a caregiver care for a child needing constant supervision during sleeping hours? |
| § 748.1015. How does the child/caregiver ratio apply if I provide care for both children in care and children of caregivers, or for both children and adult residents? |
| § 748.1017. How does the child/caregiver ratio apply to activities that occur away from my operation? |
| § 748.1019. What are the supervision requirements for a transitional living program? |
| § 748.1021. When does a child who is in a transitional living program not need supervision? |
| § 748.1023. Is my operation permitted to have a transitional living program with living quarters, a cottage, or a house with both male and female residents? |
| SUBCHAPTER H. CHILD RIGHTS |
| § 748.1101. What rights does a child in care have? |
| § 748.1103. How must I inform a child and the child's parents of their rights? |
| § 748.1107. What right does a child have regarding contact with his parent(s)? |
| § 748.1109. What right does a child have regarding contact with siblings? |
| § 748.1111. What right to privacy does a child have in his contact with others? |
| § 748.1113. Under what circumstances may I conduct a search for prohibited items or items that endanger a child's safety? |
| § 748.1115. May a caregiver conduct a body cavity search of a child in care? |
| § 748.1117. What must I document regarding a search? |
| § 748.1119. What techniques am I prohibited from using on a child? |
| SUBCHAPTER I. ADMISSION, SERVICE PLANNING, AND DISCHARGE |
| DIVISION 1. ADMISSION |
| § 748.1201. May children receiving different types of service live in the same living quarters? |
| § 748.1203. Who may I admit? |
| § 748.1205. What information must I document in the child's record at the time of admission? |
| § 748.1207. What is a placement agreement? |
| § 748.1209. What orientation must I provide a child? |
| § 748.1211. What information must I share with the parent at the time of placement? |
| § 748.1213. What information must I provide caregivers when I admit a child? |
| § 748.1215. When must I complete the admission assessment? |
| § 748.1217. What information must an admission assessment include? |
| § 748.1219. What are the additional admission assessment requirements when I admit a child for treatment services? |
| § 748.1221. What must I do if I cannot obtain the required information for an admission assessment? |
| § 748.1223. What are the medical requirements when I admit a child into care? |
| § 748.1225. What are the dental requirements when I admit a child into care? |
| § 748.1227. What must I document when I re-admit a child for care? |
| DIVISION 2. EMERGENCY ADMISSION |
| § 748.1261. For which of my programs may I accept emergency admissions? |
| § 748.1263. What constitutes an emergency admission to my operation? |
| § 748.1265. May I take possession of a child from a law enforcement officer? |
| § 748.1269. For an emergency admission, when must I complete all of the requirements for an admission assessment? |
| § 748.1271. At the time of an emergency admission, what information must I document in the child's record? |
| DIVISION 3. EDUCATIONAL SERVICES |
| § 748.1301. What responsibilities do I have for the education of a child in care? |
| § 748.1303. What responsibilities do I have for a child's individual educational needs? |
| § 748.1305. If I have an educational program, what information must I provide to a child's parent about that program? |
| DIVISION 4. SERVICE PLANS |
| § 748.1331. What are the requirements for a preliminary service plan? |
| § 748.1333. Who must be involved in developing the preliminary service plan for children receiving treatment services? |
| § 748.1335. When must I complete an initial service plan? |
| § 748.1337. What must a child's initial service plan include? |
| § 748.1339. Who must be involved in developing an initial service plan? |
| § 748.1340. Can the service planning team discuss to develop a child's service plan in separate meetings? |
| § 748.1341. When must I inform the child's parent(s) of an initial service plan meeting? |
| § 748.1343. Must a professional level service provider or a professional who must participate in a child's service plan be an employee of my operation? |
| § 748.1345. What roles do professional level service providers have in service planning? |
| § 748.1347. What must I document regarding a professional level service provider's participation in the development of an initial service plan? |
| § 748.1349. To whom do I provide a copy of the child's initial service plan? |
| § 748.1351. When must I implement a service plan? |
| DIVISION 5. SERVICE PLAN REVIEWS AND UPDATES |
| § 748.1381. How often must I review and update a service plan? |
| § 748.1383. How does a child's transfer affect the timing of the review of a child's service plan? |
| § 748.1385. How do I review and update a service plan? |
| § 748.1386. Can an operation continue to review and update a child's previous service plan without creating a new service plan? |
| § 748.1387. Are the notification, participation, implementation, and documentation requirements for a service plan review and update the same as for an initial service plan? |
| § 748.1389. How often must I re-evaluate the intellectual functioning of a child receiving treatment services for intellectual disabilities? |
| DIVISION 6. DISCHARGE AND TRANSFER PLANNING |
| § 748.1431. What does a "transfer" of a child in care mean? |
| § 748.1433. Who must plan a child's non-emergency discharge or transfer? |
| § 748.1435. How do I discharge or transfer a child who is an immediate danger to self or others? |
| § 748.1437. What must I document in the child's record at the time of a discharge or transfer? |
| § 748.1439. When I discharge a child, what information must I provide to the next placement or caregiver? |
| § 748.1443. What constitutes an emergency discharge or transfer? |
| DIVISION 7. RELEASE OF CHILD |
| § 748.1481. To whom may I release a child? |
| SUBCHAPTER J. CHILD CARE |
| DIVISION 1. DENTAL CARE |
| § 748.1501. What general dental requirements must my operation meet? |
| § 748.1503. Who must determine the need and frequency of ongoing maintenance of dental health for a child? |
| § 748.1505. Who must perform dental examinations and provide dental treatment? |
| DIVISION 2. MEDICAL CARE |
| § 748.1531. What general medical requirements must my operation meet? |
| § 748.1533. Who determines the need and frequency for ongoing maintenance of medical care and treatment for a child? |
| § 748.1535. Who must perform medical examinations and provide medical treatment for a child? |
| § 748.1539. What immunizations must a child in my care have? |
| § 748.1541. What exemptions or exceptions are there concerning immunization requirements? |
| § 748.1543. What documentation is acceptable for an immunization record? |
| § 748.1545. Must children in my care have a vision and hearing screening? |
| § 748.1547. What must I do if a child in my care is identified as needing a diagnostic vision or hearing examination? |
| § 748.1549. What special equipment must I provide for a child with a physical disability? |
| § 748.1551. How often must the physician review a child with primary medical needs? |
| § 748.1553. How must a caregiver respond when a child is injured or ill and requires immediate treatment by a health-care professional? |
| DIVISION 3. COMMUNICABLE DISEASES |
| § 748.1581. What health precautions must I take if someone in my operation has a communicable disease? |
| § 748.1583. Who must have a tuberculosis (TB) examination? |
| DIVISION 4. PROTECTIVE DEVICES |
| § 748.1611. What is a protective device? |
| § 748.1613. What does "involuntary self-injurious behavior" mean when used in this division? |
| § 748.1615. May I use protective devices? |
| § 748.1617. Who may use PRN orders with respect to protective devices? |
| DIVISION 5. SUPPORTIVE DEVICES |
| § 748.1631. What is a supportive device? |
| § 748.1633. May I use supportive devices? |
| § 748.1635. Who may use PRN orders with respect to supportive devices? |
| DIVISION 6. TOBACCO AND E-CIGARETTE USE |
| § 748.1661. What policies must I enforce regarding tobacco products and e-cigarettes? |
| DIVISION 7. NUTRITION AND HYDRATION |
| § 748.1691. How often must I feed children in care? |
| § 748.1693. What type of food and water must I provide children? |
| § 748.1695. What are the specific requirements for feeding an infant? |
| § 748.1697. What are the specific requirements for feeding toddlers and older children? |
| § 748.1699. What must I do if a child refuses to or cannot eat a meal or snack that I offer? |
| § 748.1701. What must I do if a child requires a therapeutic or special diet? |
| § 748.1703. What are the requirements for daily menus? |
| § 748.1705. What are the nutrition requirements for a child with primary medical needs? |
| § 748.1707. What are the requirements for tube-feeding formula? |
| § 748.1709. What are the requirements for using a nasogastric tube to feed a child? |
| DIVISION 8. ADDITIONAL REQUIREMENTS FOR INFANT CARE |
| § 748.1741. What do certain words mean in this division? |
| § 748.1743. What are the basic care requirements for an infant? |
| § 748.1745. What steps must a caregiver follow when changing a child's diaper? |
| § 748.1747. What must I do to prevent the spread of germs when diapering children? |
| § 748.1749. What furnishings and equipment must I have in my infant care area? |
| § 748.1751. What specific safety requirements must my cribs meet? |
| § 748.1753. Are play yards allowed? |
| § 748.1755. What equipment must have safety straps before I can use it with an infant? |
| § 748.1757. What types of equipment are not allowed for use with infants? |
| § 748.1759. What activities must I provide for infants? |
| § 748.1761. How long may an infant remain in a crib after awakening? |
| § 748.1763. What are the specific sleeping requirements for infants? |
| § 748.1765. May I allow infants to sleep in a restrictive device? |
| § 748.1767. May I swaddle an infant to help the infant sleep? |
| DIVISION 9. ADDITIONAL REQUIREMENTS FOR TODDLER CARE |
| § 748.1791. What are the basic care requirements for a toddler? |
| § 748.1793. What furnishings and equipment must I provide for toddlers? |
| § 748.1795. What activities must I provide for toddlers? |
| DIVISION 10. ADDITIONAL REQUIREMENTS FOR PREGNANT AND PARENTING CHILDREN |
| § 748.1821. What information must I provide a pregnant child regarding her pregnancy? |
| § 748.1823. Is the use of emergency behavior intervention of a pregnant child permitted in my operation? |
| § 748.1825. If my policies permit the admission of adolescent parents with their child(ren), who is responsible for the care of the adolescent's child(ren)? |
| SUBCHAPTER K. OPERATIONS THAT PROVIDE CARE FOR CHILDREN AND ADULTS |
| DIVISION 1. SCOPE |
| § 748.1901. What operations do the rules in this subchapter apply to? |
| DIVISION 2. GENERAL REQUIREMENTS |
| § 748.1931. After a child in my care turns 18 years old, may the person remain in my care? |
| § 748.1933. May I admit a young adult into care? |
| § 748.1935. How does the child/caregiver ratio apply if I provide care to both children and adults? |
| § 748.1937. May an adult in care share a bedroom with a child in care? |
| § 748.1939. How much general living space and floor space in a bedroom must I provide for children and young adults who are in my care? |
| § 748.1941. What must I do if an adult resident is responsible for his own medication? |
| § 748.1943. Must adult residents have a tuberculosis (TB) examination? |
| § 748.1945. What must I do if an adult resident has a positive tuberculosis test result? |
| SUBCHAPTER L. MEDICATION |
| DIVISION 1. ADMINISTRATION OF MEDICATION |
| § 748.2001. What consent must I obtain to administer medications? |
| § 748.2003. What are the requirements for administering prescription medication? |
| § 748.2005. May I accept verbal orders on the administration of medication? |
| § 748.2009. What are the requirements for administering non-prescription medication and supplements? |
| DIVISION 2. SELF-ADMINISTRATION OF MEDICATION |
| § 748.2051. What are the requirements for a self-medication program? |
| § 748.2053. Who must record the medication dosage if a child is on a self-medication program? |
| DIVISION 3. MEDICATION STORAGE AND DESTRUCTION |
| § 748.2101. What medication storage requirements must my operation meet? |
| § 748.2103. What are the requirements for discontinued or expired medication? |
| DIVISION 4. MEDICATION RECORDS |
| § 748.2151. What records must you maintain for each child receiving medication? |
| DIVISION 5. MEDICATION AND LABEL ERRORS |
| § 748.2201. What is a medication error? |
| § 748.2203. What must I do if I find a medication error? |
| § 748.2205. What must I do if I find a medication label error? |
| DIVISION 6. SIDE EFFECTS AND ADVERSE REACTIONS TO MEDICATION |
| § 748.2231. What must I do if a child has an adverse reaction to a medication? |
| § 748.2233. What must I do if a child experiences side effects from any medications? |
| DIVISION 7. USE OF PSYCHOTROPIC MEDICATION |
| § 748.2257. What are the requirements if a physician orders administration of a psychotropic medication to a child in an emergency? |
| § 748.2259. What information must I document about a child's use of psychotropic medication? |
| DIVISION 8. UNASSIGNED EPINEPHRINE AUTO-INJECTORS |
| § 748.2271. What are the requirements if my operation chooses to maintain and administer unassigned epinephrine auto-injectors? |
| SUBCHAPTER M. DISCIPLINE AND PUNISHMENT |
| § 748.2301. What are the requirements for disciplinary measures? |
| § 748.2303. May I use corporal punishment for children in care? |
| § 748.2305. What is "unproductive work"? |
| § 748.2307. What other methods of punishment are prohibited? |
| § 748.2309. To what extent may I restrict a child's activities as a behavior management tool? |
| § 748.2311. May a child or adult in care discipline or punish another person in care? |
| SUBCHAPTER N. EMERGENCY BEHAVIOR INTERVENTION |
| DIVISION 1. DEFINITIONS |
| § 748.2401. What do certain words mean in this subchapter? |
| DIVISION 2. TYPES OF EMERGENCY BEHAVIOR INTERVENTION THAT MAY BE ADMINISTERED |
| § 748.2451. What types of emergency behavior intervention may I administer? |
| § 748.2453. Who may administer emergency behavior intervention? |
| § 748.2455. What actions must a caregiver take before using a permitted type of emergency behavior intervention? |
| § 748.2459. What is the appropriate use for a short personal restraint? |
| § 748.2461. What precautions must a caregiver take when implementing a short personal restraint? |
| § 748.2463. Are there any purposes for which emergency behavior intervention cannot be used? |
| DIVISION 3. ORDERS |
| § 748.2501. Are written orders required to administer emergency behavior intervention, and if so, who can write them? |
| § 748.2503. Must the written order be in a child's record before a caregiver can use an emergency behavior intervention on a child? |
| § 748.2505. What information must a written order include? |
| § 748.2507. Under what conditions are PRN orders permitted for a specific child? |
| DIVISION 4. RESPONSIBILITIES DURING ADMINISTRATION OF ANY TYPE OF EMERGENCY BEHAVIOR INTERVENTION |
| § 748.2551. What responsibilities does a caregiver have when implementing a type of emergency behavior intervention? |
| § 748.2553. When must a caregiver release a child from an emergency behavior intervention? |
| DIVISION 5. ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A PERSONAL RESTRAINT |
| § 748.2601. Who must monitor a personal restraint? |
| § 748.2603. What is the appropriate action for a caregiver to take to ensure the child's adequate respiration, circulation, and overall well-being? |
| § 748.2605. What personal restraint techniques are prohibited? |
| DIVISION 6. ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF SECLUSION |
| § 748.2651. What are the additional responsibilities for implementing seclusion? |
| § 748.2653. What must occur for a caregiver to remove the mat or bedding without a written order? |
| DIVISION 7. ADDITIONAL RESPONSIBILITIES DURING ADMINISTRATION OF A MECHANICAL RESTRAINT |
| § 748.2701. What are the additional responsibilities for implementing a mechanical restraint? |
| § 748.2703. May my residential treatment center use altered mechanical restraint devices when restraining a child? |
| § 748.2705. What mechanical and other restraint devices are prohibited? |
| DIVISION 8. SUCCESSIVE USE AND COMBINATIONS OF EMERGENCY BEHAVIOR INTERVENTION |
| § 748.2751. May a caregiver successively use emergency behavior interventions on a child? |
| § 748.2753. May a caregiver simultaneously use emergency medication in combination with another emergency behavior intervention? |
| § 748.2755. May a caregiver simultaneously implement mechanical restraint in combination with emergency medication? |
| § 748.2757. May a caregiver simultaneously implement mechanical restraint in combination with seclusion? |
| DIVISION 9. TIME RESTRICTIONS FOR EMERGENCY BEHAVIOR INTERVENTION |
| § 748.2801. What is the maximum length of time that an emergency behavior intervention can be administered to a child? |
| § 748.2803. How long may a caregiver seclude or mechanically restrain a child who has been released within the same 12-hour time period? |
| § 748.2805. Can a caregiver exceed the maximum length of time that an emergency behavior intervention can be administered to a child? |
| § 748.2807. May continuation orders be obtained verbally to exceed the maximum length of time that seclusion or mechanical restraint can be administered to a child? |
| DIVISION 10. GENERAL CAREGIVER RESPONSIBILITIES, INCLUDING DOCUMENTATION, AFTER THE ADMINISTRATION OF EMERGENCY BEHAVIOR INTERVENTION |
| § 748.2851. What follow-up actions must caregivers take after the child's behavior no longer constitutes an emergency situation? |
| § 748.2853. What must the caregiver document after discussing with the child the use of the emergency behavior intervention? |
| § 748.2855. When must a caregiver document the use of an emergency behavior intervention, and what must the documentation include? |
| § 748.2857. What notice must I provide to the parent when I use an emergency behavior intervention with a child in care? |
| DIVISION 11. TRIGGERED REVIEWS |
| § 748.2901. What circumstances trigger a review of the use of emergency behavior intervention for a specific child? |
| § 748.2903. When must a triggered review occur? |
| § 748.2905. Who must participate in the triggered review? |
| § 748.2907. What must the triggered review include and what must be documented in the child's record? |
| § 748.2909. What if there are four triggered reviews within a 90-day period? |
| DIVISION 12. OVERALL OPERATION EVALUATION |
| § 748.2951. What is an overall operation evaluation? |
| § 748.2953. What data must be collected? |
| SUBCHAPTER O. SAFETY AND EMERGENCY PRACTICES |
| DIVISION 1. SANITATION AND HEALTH PRACTICES |
| § 748.3001. When must I have an annual sanitation inspection? |
| § 748.3003. How must I document that a sanitation inspection has been completed? |
| § 748.3005. Must I make all corrections specified in the sanitation inspection report? |
| § 748.3007. What must I sanitize? |
| § 748.3009. How should items be sanitized? |
| § 748.3013. What are the parameters for sinks used for food service or food preparation? |
| § 748.3015. How must caregivers handle bodily fluids that require universal precautions? |
| § 748.3017. Are animals allowed at my operation? |
| § 748.3019. Must I use a licensed exterminator to treat my operation for insects, rodents, and other pests? |
| § 748.3021. How must I protect children from dangerous tools and equipment? |
| DIVISION 2. NATURAL GAS AND LIQUEFIED PETROLEUM |
| § 748.3061. When must my operation be inspected for gas leaks? |
| § 748.3063. Who must conduct a gas leak inspection at my operation? |
| § 748.3065. What documentation must I maintain regarding gas leak inspections? |
| DIVISION 3. FIRE SAFETY PRACTICES |
| § 748.3101. When must I have a fire inspection? |
| § 748.3103. Who must conduct a fire inspection? |
| § 748.3105. What documentation must I maintain regarding a fire inspection? |
| § 748.3107. What type of smoke-detection system must I have? |
| § 748.3109. How must smoke detectors be installed at my operation? |
| § 748.3111. How often must the smoke detectors at my operation be tested? |
| § 748.3113. Must my operation have a fire-extinguishing system? |
| § 748.3115. How often must I inspect and service the fire extinguisher(s)? |
| § 748.3117. How often must the state or local fire inspector inspect fire extinguisher(s)? |
| § 748.3119. How often must a fire sprinkler system be inspected? |
| DIVISION 4. HEATING DEVICES |
| § 748.3161. What steps must I take to ensure that heating devices do not present hazards to children? |
| DIVISION 5. CARBON MONOXIDE SAFETY PRACTICES |
| § 748.3191. Must I have a carbon monoxide detector-system? |
| § 748.3193. How must carbon monoxide detectors be installed? |
| § 748.3195. How must I maintain carbon monoxide detectors? |
| DIVISION 6. EMERGENCY EVACUATION AND RELOCATION |
| § 748.3231. What is an emergency evacuation and relocation plan? |
| § 748.3233. Must I have an emergency evacuation and relocation diagram? |
| § 748.3235. Where must I post the emergency evacuation and relocation diagram? |
| § 748.3237. What other safety provisions must I make? |
| § 748.3239. How often must I practice my emergency evacuation and relocation plans? |
| DIVISION 7. FIRST-AID KITS |
| § 748.3271. Must I have a first-aid kit at my operation? |
| § 748.3273. What must each first-aid kit contain? |
| DIVISION 8. PRODUCT SAFETY |
| § 748.3281. When is a product considered unsafe? |
| § 748.3283. What are my responsibilities regarding unsafe products at my operation? |
| SUBCHAPTER P. PHYSICAL SITE |
| DIVISION 1. GROUNDS AND GENERAL REQUIREMENTS |
| § 748.3301. What general physical site requirements must my operation meet? |
| § 748.3303. What parts of my operation must be ventilated? |
| § 748.3305. What are the requirements for handrails, railings, and stairway and stairwell landings? |
| § 748.3307. What are the requirements for lighting? |
| § 748.3309. What are the requirements for a communication system? |
| § 748.3311. What are the requirements for using a tractor? |
| § 748.3313. May I use water from a private water system? |
| § 748.3315. What are the requirements for running hot water? |
| § 748.3317. May I use a septic system for sewage disposal? |
| § 748.3319. What "No Trespassing" signs must I post if my operation is a residential treatment center? |
| § 748.3321. What additional responsibilities do I have regarding the "No Trespassing" signs if my operation is a residential treatment center? |
| DIVISION 2. INTERIOR SPACE |
| § 748.3351. What are the requirements for general living space? |
| § 748.3353. May I use a video camera to supervise a child in the child's bedroom? |
| § 748.3355. May I use an audio monitoring device to supervise a child in the child's bedroom? |
| § 748.3357. What are the requirements for floor space in a bedroom used by a child? |
| § 748.3359. What rooms may I not use as bedrooms? |
| § 748.3361. May a child in care share a bedroom with an adult caregiver? |
| § 748.3363. May children of opposite genders share a bedroom? |
| § 748.3365. What are the requirements for beds and bedding? |
| § 748.3367. What types of beds are not allowed for a child? |
| § 748.3369. What are the requirements for bunk beds? |
| DIVISION 3. TOILET AND BATH FACILITIES |
| § 748.3391. What are the general requirements for bathroom facilities? |
| § 748.3393. What are the requirements for a toilet that a child uses? |
| § 748.3395. What are the requirements for hand-washing sinks that a child uses? |
| § 748.3397. What are the requirements for bathing facilities? |
| § 748.3399. May I use a video camera or audio monitoring device to supervise a child while the child is in a bathroom? |
| DIVISION 4. POISONS |
| § 748.3421. What are the requirements for protecting children from poisonous or flammable material? |
| DIVISION 5. FOOD PREPARATION, STORAGE, AND EQUIPMENT |
| § 748.3441. What general requirements apply to food service and preparation? |
| § 748.3443. What are the requirements for storing food? |
| § 748.3445. How must kitchen, dining areas, supplies, and equipment be maintained in a cottage home? |
| DIVISION 6. PLAY EQUIPMENT AND SAFETY REQUIREMENTS |
| § 748.3471. What are the minimum safety requirements for outdoor equipment? |
| § 748.3473. How high must platform guardrails be? |
| § 748.3475. What special maintenance procedures must I follow for my playground? |
| § 748.3477. What are the specific safety requirements for swings? |
| § 748.3479. May I have indoor equipment such as climbing equipment or platforms? |
| DIVISION 7. PLAYGROUND USE ZONES |
| § 748.3521. What does the term "use zone" mean? |
| § 748.3523. How do I measure the use zone for stationary equipment? |
| § 748.3525. How do I measure the use zone for slides? |
| § 748.3527. How do I measure the use zone for to-fro swings? |
| § 748.3529. How do I measure the use zone for tire swings? |
| § 748.3531. How do I measure the use zone for bucket swings? |
| § 748.3533. How do I measure the use zone for rotating or rocking equipment or for track rides? |
| DIVISION 8. PROTECTIVE SURFACING |
| § 748.3561. Where must I install protective surfacing? |
| § 748.3563. What are the requirements of protective surfacing for use zones? |
| § 748.3565. What documentation must I keep at the operation if I use unitary surfacing materials? |
| DIVISION 9. SWIMMING POOLS, WADING/SPLASHING POOLS, AND HOT TUBS |
| § 748.3601. What are the requirements for swimming pools that a child uses? |
| § 748.3603. What are the additional requirements for a swimming pool located at my operation? |
| § 748.3605. What are the safety requirements for wading/splashing pools at my operation? |
| § 748.3607. What are the requirements for a hot tub? |
| SUBCHAPTER Q. RECREATION ACTIVITIES |
| DIVISION 1. GENERAL REQUIREMENTS |
| § 748.3701. What are my responsibilities for providing opportunities for recreational activities and physical fitness? |
| § 748.3703. What are the requirements for recreational areas and equipment? |
| § 748.3705. What are higher risk recreational activities? |
| § 748.3707. Does Licensing regulate higher risk recreational activities? |
| § 748.3709. What are the requirements when children participate in a higher risk recreational activity? |
| § 748.3711. Who must supervise a higher risk recreational activity? |
| § 748.3713. What duties are required for a person supervising higher risk recreational activities? |
| § 748.3719. May children in care use all-terrain vehicles? |
| DIVISION 2. SWIMMING ACTIVITIES |
| § 748.3751. Must a certified lifeguard be on duty during a swimming activity? |
| § 748.3753. Who must provide a certified lifeguard’s training? |
| § 748.3755. Where must a certified lifeguard be positioned when supervising children who are swimming? |
| § 748.3757. What are the child/adult ratios for swimming activities? |
| § 748.3759. May I count the certified lifeguard in the swimming child/adult ratio? |
| § 748.3763. May I include volunteers or employees who do not meet minimum qualifications for caregivers in the swimming child/adult ratio? |
| § 748.3765. What are the requirements for a child's access to a body of water? |
| § 748.3767. May I use a stock tank as a pool for a swimming activity? |
| DIVISION 3. WATERCRAFT ACTIVITIES |
| § 748.3801. What watercraft activities do the rules of this division apply to? |
| § 748.3803. What are the requirements for watercraft activities? |
| § 748.3805. What considerations must the watercraft activity supervisor take into account prior to the implementation of the activity? |
| § 748.3807. What are the requirements for watercraft equipment? |
| DIVISION 4. WILDERNESS HIKING AND CAMPING EXCURSIONS |
| § 748.3841. What are the requirements for hiking or camping excursions? |
| § 748.3843. What are the requirements for monitoring children's safety and health during hiking or camping excursions? |
| § 748.3845. What type of itinerary must I have for hiking or camping excursions? |
| § 748.3847. Where must the itinerary be kept? |
| § 748.3849. What are the requirements for shelter during an overnight excursion? |
| § 748.3851. What are the requirements for bed equipment used during an overnight excursion? |
| § 748.3853. What are the specific requirements for storing food during a hiking or camping excursion? |
| § 748.3855. What requirements must I meet for food utensils and equipment when camping? |
| § 748.3857. What parameters must I follow for drinking water during a hiking or camping excursion? |
| § 748.3861. What are the requirements for toilet facilities during overnight camping excursions? |
| DIVISION 5. TRAMPOLINE USE |
| § 748.3891. May I use a trampoline? |
| § 748.3893. What are the requirements for using a trampoline as gym equipment? |
| DIVISION 6. WEAPONS, FIREARMS, EXPLOSIVE MATERIALS, AND PROJECTILES |
| § 748.3931. Are weapons, firearms, explosive materials, and projectiles permitted at my operation? |
| § 748.3933. What factors must I consider when determining whether weapons, firearms, explosive materials, or projectiles are stored adequately? |
| § 748.3935. May a caregiver transport a child in a vehicle where weapons, firearms, explosive materials, or projectiles are present? |
| SUBCHAPTER R. TRANSPORTATION |
| DIVISION 1. GENERAL REQUIREMENTS |
| § 748.4001. What types of transportation does Licensing regulate? |
| § 748.4003. What requirements must I meet when transporting a child away from the operation? |
| § 748.4005. May a child in care transport other children in care? |
| § 748.4007. What specific information and equipment must be in a vehicle I use to transport children during overnight trips away from the operation? |
| § 748.4009. What plan must I have for handling transportation emergencies? |
| § 748.4011. What safety precautions must I take when loading and unloading a child from the vehicle? |
| § 748.4013. What is required when my operation takes children on out-of-state overnight trips? |
| DIVISION 2. SAFETY RESTRAINTS |
| § 748.4041. What are the requirements for transporting children? |
| § 748.4043. Do the seat belt requirements prohibit transporting children in the bed of a pick-up truck? |
| § 748.4045. May I place more than one person in each child passenger safety seat system or seat belt? |
| DIVISION 3. VEHICLE AND VEHICLE MAINTENANCE |
| § 748.4081. What type of vehicle may I use to transport children? |
| § 748.4083. What vehicle maintenance requirements must I maintain for a vehicle used for transporting children? |
| DIVISION 4. TRANSPORTATION RECORDS |
| § 748.4111. What transportation records must I maintain? |
| SUBCHAPTER S. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE EMERGENCY CARE SERVICES |
| DIVISION 1. SERVICE MANAGEMENT |
| § 748.4201. What must I do when I admit a child who cannot consent to emergency care services? |
| § 748.4203. What are the additional medical requirements when I admit a child to receive emergency care services? |
| § 748.4205. What is the maximum amount of time a child receiving emergency care services may stay in care without a placement extension? |
| § 748.4207. What is the maximum amount of time a child receiving emergency care services may stay in care with a placement extension? |
| § 748.4209. What are the documentation requirements for a placement extension? |
| § 748.4211. When must I document the appropriate reason for continuing emergency care services? |
| § 748.4213. What are the requirements for a preliminary discharge plan? |
| DIVISION 2. ADMISSION ASSESSMENT |
| § 748.4231. What information must an admission assessment include for a child needing emergency care services, including respite child-care services? |
| DIVISION 3. RESPITE CHILD-CARE SERVICES |
| § 748.4261. May I provide respite child-care services? |
| § 748.4263. Whom must I notify when I accept a child for respite child-care? |
| § 748.4265. What information regarding a child must I receive prior to providing respite child-care services to that child? |
| § 748.4267. How long may a child be in respite child-care? |
| § 748.4269. May I update an admission assessment when I provide respite child-care services to a child to whom I have already provided respite child-care? |
| SUBCHAPTER T. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE AN ASSESSMENT SERVICES PROGRAM |
| DIVISION 1. REGULATION |
| § 748.4301. Does Licensing regulate all assessment services? |
| DIVISION 2. ADMISSION |
| § 748.4331. What are the requirements for approving a child's admission into my assessment services program? |
| DIVISION 3. ASSESSMENT PLAN |
| § 748.4361. When must I complete the child's individual plan for the assessment? |
| § 748.4363. When does admission into the assessment services program begin? |
| § 748.4365. What must an individual plan for the assessment include? |
| § 748.4369. How must my assessment services program collect information from a child's caregivers? |
| § 748.4371. When is the plan for the assessment complete? |
| DIVISION 4. ASSESSMENT REPORT |
| § 748.4391. What is an assessment report? |
| § 748.4393. When must I complete the assessment report? |
| § 748.4395. What must be included in the written assessment report? |
| § 748.4397. Who must review and approve an assessment report? |
| SUBCHAPTER U. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE THERAPEUTIC CAMP SERVICES |
| DIVISION 1. DEFINITIONS |
| § 748.4401. What do certain words mean in this subchapter? |
| § 748.4403. What children are eligible to participate in a therapeutic camp program? |
| DIVISION 2. ACTIVITIES REQUIRING SPOTTING OR BELAYING |
| § 748.4431. What are the requirements for an adventure/challenge program that requires spotting or belaying? |
| DIVISION 3. PRIMITIVE CAMPING EXCURSIONS |
| § 748.4461. What is considered a primitive camping excursion? |
| § 748.4463. How long must children remain at the operation's permanent camp between primitive camping excursions? |
| § 748.4465. What child/caregiver ratios apply to a primitive camping excursion? |
| § 748.4467. What are the requirements for toilet facilities for a primitive camping excursion? |
| § 748.4469. What are the requirements for sanitizing hands at a primitive campsite? |
| § 748.4471. What personal hygiene provisions must I provide to a child who participates in a primitive camping excursion? |
| § 748.4473. What are the requirements for laundry provisions on a primitive camping excursion? |
| SUBCHAPTER V. ADDITIONAL REQUIREMENTS FOR OPERATIONS THAT PROVIDE TRAFFICKING VICTIM SERVICES |
| DIVISION 1. DEFINITIONS AND SCOPE |
| § 748.4501. What does "trafficking victim services" mean when used in this subchapter? |
| § 748.4503. When am I required to meet the additional rules of this subchapter? |
| § 748.4505. In addition to the rules in this subchapter, what other rules in this chapter apply to an operation? |
| § 748.4507. What rules in this subchapter replace other rules in this chapter? |
| DIVISION 2. POLICIES AND PROCEDURES |
| § 748.4551. What additional child-care policies must I develop? |
| § 748.4553. What safety and security policies must I develop? |
| § 748.4555. What confidentiality policies must I develop? |
| DIVISION 3. PERSONNEL |
| § 748.4601. What qualifications must a treatment director have? |
| § 748.4603. Are there additional training requirements for volunteers who have contact with children receiving trafficking victim services? |
| DIVISION 4. TRAINING |
| § 748.4651. What are the pre-service experience requirements for a caregiver? |
| § 748.4653. What are the pre-service hourly training requirements for caregivers and employees? |
| § 748.4655. Must I provide pre-service training to a caregiver or employee who has previously worked in another operation? |
| § 748.4657. What are the annual training requirements for caregivers and employees? |
| § 748.4659. What areas or topics must the four hours of training regarding trafficking victims include? |
| DIVISION 5. CHILD/CAREGIVER RATIOS |
| § 748.4701. For purposes of the child/caregiver ratio, how many children can a single caregiver care for during the children's waking hours? |
| § 748.4703. For purposes of the child/caregiver ratio, how many children can a single caregiver care for when children are asleep at night? |
| DIVISION 6. ADMISSION AND SERVICE PLANNING |
| § 748.4751. Are there additional medical requirements when I admit a child for trafficking victim services? |
| § 748.4753. Must a child I admit for trafficking victim services have an alcohol and substance abuse screening? |
| § 748.4755. What must I do if an alcohol and substance abuse screening determines that a child receiving trafficking victim services may need alcohol or substance abuse treatment? |
| § 748.4757. What behavioral health assessments are required when I admit a child for trafficking victim services? |
| § 748.4759. What mental health services are required for a child receiving trafficking victim services? |
| § 748.4761. Are there additional requirements for a preliminary service plan when I admit a child for trafficking victim services? |
| § 748.4763. What additional items must be included in a child's initial service plan? |
| § 748.4765. May I admit a young adult into care? |
| § 748.4767. May a young adult in care share a bedroom with a child in care receiving trafficking victim services? |