SECTION 749.2055. What actions must a caregiver take before using a permitted type of emergency behavior intervention?

(a) Before using a permitted type of emergency behavior intervention, the caregiver must:

(1) Attempt less restrictive behavior interventions that prove to be ineffective at defusing the situation; and

(2) Determine that the basis for the emergency behavior intervention is:

(A) An emergency situation; or

(B) A need for a personal restraint to administer intra-muscular medication or other medical treatments prescribed by a licensed physician, such as administering insulin to a child with diabetes.

(b) A child's active attempt to run away may be considered an emergency situation when the following is a factor:

(1) The child is developmentally or chronologically under six years old;

(2) The child is suicidal;

(3) The operation is located near a high traffic area;

(4) Adverse weather conditions pose a clear safety risk to the child; or

(5) Other clear safety risks are present.

Source Note: The provisions of this §749.2055 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909