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 B. DEFINITIONS AND SERVICES |
DIVISION 2. SERVICES |
SECTION 748.61. What types of services does Licensing regulate?
Latest version.
-
We regulate the following types of services:
(1) Child-Care Services--Services that meet a child's basic need for shelter, nutrition, clothing, nurture, socialization and interpersonal skills, care for personal health and hygiene, supervision, education, and service planning; (2) Treatment Services--In addition to child-care services, a specialized type of child-care services designed to treat and/or support children: (A) With Emotional Disorders who have a current DSM-5 diagnosis, such as mood disorders, psychotic disorders, or dissociative disorders, and demonstrate two or more of the following: (i) Major self-injurious actions, including a suicide attempt within the last 12 months; (ii) Difficulties that present a significant risk of harm to others, including frequent or unpredictable physical aggression; or (iii) An additional DSM-5 diagnosis of substance-related and/or addictive disorder with severe impairment; (B) With a DSM-5 diagnosis of Intellectual Disability that is characterized by prominent, severe deficits and pervasive impairment in one or more of the following areas: (i) Conceptual, social, and practical adaptive skills to include daily living and self-care; (ii) Communication, cognition, or expressions of affect; (iii) Self-care activities or participation in social activities; (iv) Responding appropriately to an emergency; or (v) Multiple physical disabilities, including sensory impairments; (C) With a DSM-5 diagnosis of Autism Spectrum Disorder that is characterized by prominent, severe deficits and pervasive impairment in one or more of the following areas of development: (i) Conceptual, social, and practical adaptive skills to include daily living and self-care; (ii) Communication, cognition, or expressions of affect; (iii) Self-care activities or participation in social activities; (iv) Responding appropriately to an emergency; or (v) Multiple physical disabilities including sensory impairments; (D) With Primary Medical Needs, who cannot live without mechanical supports or the services of others because of life-threatening conditions, including: (i) The inability to maintain an open airway without assistance. This does not include the use of inhalers for asthma; (ii) The inability to be fed except through a feeding tube, gastric tube, or a parenteral route; (iii) The use of sterile techniques or specialized procedures to promote healing, prevent infection, prevent cross-infection or contamination, or prevent tissue breakdown; or (iv) Multiple physical disabilities including sensory impairments; and (E) Determined to be a trafficking victim, including a child: (i) Determined to be a trafficking victim as the result of a criminal prosecution or who is currently alleged to be a trafficking victim in a pending criminal investigation or prosecution; (ii) Identified by the parent or agency that placed the child in the operation as a trafficking victim; or (iii) Determined by the operation to be a trafficking victim based on reasonably reliable criteria, including one or more of the following: (I) The child's own disclosure as a trafficking victim; (II) The assessment of a counselor or other professional; or (III) Evidence that the child was recruited, harbored, transported, provided to another person, or obtained for the purpose of forced labor or commercial sexual activity; and (3) Additional Programmatic Services, which include: (A) Emergency Care Services--A specialized type of child-care services designed and offered to provide short-term child care to children who, upon admission, are in an emergency constituting an immediate danger to the physical health or safety of the child or the child's offspring; (B) Transitional Living Program--A residential services program designed to serve children 14 years old or older for whom the service or treatment goal is basic life skills development toward independent living. A transitional living program includes basic life skills training and the opportunity for children to practice those skills. A transitional living program is not an independent living program; (C) Assessment Services Program--Services to provide an initial evaluation of the appropriate placement for a child to ensure that appropriate information is obtained in order to facilitate service planning; (D) Therapeutic Camp Services--A camping program to augment an operation's treatment services with an experiential curriculum exclusively for a child with an emotional disorder who has difficulty functioning in his home, school, or community. Therapeutic camp services are only available to children 13 years old and older; and (E) Respite Child-Care Services--See §748.73 of this title (relating to What are respite child-care services?). Source Note: The provisions of this §748.61 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective December 1, 2014, 39 TexReg 9052; 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