SECTION 748.685. What responsibilities does a caregiver have when supervising a child or children?

(a) The caregiver is responsible for:

(1) Knowing which children they are responsible for;

(2) Child care services for each assigned child;

(3) Being aware of and accountable for each child's on-going activity;

(4) Providing the level of supervision necessary to ensure each child's safety and well being, including auditory and/or visual awareness of each child's on-going activity as appropriate; and

(5) Being able to intervene when necessary to ensure each child's safety.

(b) In deciding how closely to supervise a child, the caregiver must take into account:

(1) The child's age;

(2) The child's individual differences and abilities;

(3) The indoor and outdoor layout of the operation;

(4) Surrounding circumstances, hazards, and risks; and

(5) The child's physical, mental, emotional, and social needs.

(c) Caregivers must:

(1) Be aware of the children's habits, interests, and any special needs, including any special supervision needs;

(2) Provide a safe environment;

(3) Cultivate developmentally appropriate independence in children through planned but flexible program activities;

(4) Positively reinforce children's efforts and accomplishments;

(5) Ensure continuity of care for children by sharing with incoming caregivers information about each child's activities during the previous shift and any verbal or written information or instructions given by the parent or other professionals; and

(6) Implement and follow the children's service plans.

(d) If a child is participating in an unsupervised childhood activity, the caregiver must:

(1) Know where the child will be;

(2) Give the child a specific time to return to the operation or the caregiver's location;

(3) Provide, arrange, or confirm an appropriate method of transportation to and from the activity;

(4) Give the child a way to contact the caregiver in an emergency; and

(5) Be available to respond if the child contacts the caregiver and needs immediate assistance.

(e) Caregivers that supervise a child receiving treatment services for an emotional disorder must maintain daily progress notes for the child. Caregivers must sign and date each progress note at the time the progress note is completed.

(f) If a child or children are allowed overnight visits with staff, the child(ren) must be properly fed, lodged, and supervised, and their health, safety, and well-being protected. The person(s) responsible for the child(ren) must be given information about obtaining emergency medical care.

Source Note: The provisions of this §748.685 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective January 1, 2017, 41 TexReg 10422; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909