SECTION 748.1433. Who must plan a child's non-emergency discharge or transfer?

(a) You must involve the following persons in planning the child's non-emergency discharge or transfer:

(1) At least one of the child's current caregivers; and

(2) At least one professional level service provider involved in the child's service planning.

(b) You must invite the following persons to participate in planning the child's non-emergency discharge or transfer, if appropriate:

(1) The child;

(2) The child's parent(s); and

(3) Any other person pertinent to the child's care.

(c) If you are unable to plan the transfer or discharge with the persons as required in subsections (a) and (b) of this section, you must document in the child's record the reason why. For example, an emergency transfer or discharge was necessary or the child met the requirements to consent for emergency care services and decided not to include his parents in planning for the child's transfer or discharge.

(d) If a child in your care is not receiving treatment services, you must inform the child of the non-emergency discharge or transfer at least four days prior to the date of the discharge or transfer, unless your licensed child-care administrator or a professional level service provider has clear justification for not giving the child such notice. The licensed child-care administrator or professional level service provider who determines the justification for the child not having the advance notice of the discharge or transfer, must put the justification in writing and sign and date it. The justification must be in the child's record.

(e) If a child in your care is receiving treatment services, you must inform the child of the non-emergency discharge or transfer at least four days prior to the date of the discharge or transfer, unless your treatment director, three members of the child's service planning team, or the child's psychiatrist or psychologist has justification for not giving the child such notice. Whoever determines the justification for the child not having the advance notice of the discharge or transfer must put the justification in writing and sign and date it. The justification must be in the child's record.

Source Note: The provisions of this §748.1433 adopted to be effective January 1, 2007, 31 TexReg 7377; amended 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