SECTION 749.2151. What responsibilities does a caregiver have when implementing a type of emergency behavior intervention?

(a) The use of emergency behavior intervention must be an appropriate response to the behavior demonstrated, and de-escalation must have failed.

(b) The caregiver must act to protect the child's safety and consider the:

(1) Characteristics of the immediate physical environment;

(2) Permitted types of emergency behavior intervention; and

(3) Potential risk of harm in using emergency behavior intervention versus the risk of not using emergency behavior intervention.

(c) The caregiver must:

(1) Initiate an emergency behavior intervention in a way that minimizes the risk of physical discomfort, harm, or pain to the child; and

(2) Use the minimal amount of reasonable and necessary physical force to implement the intervention.

(d) The caregiver must make every effort to protect the child's:

(1) Privacy, including shielding the child from onlookers; and

(2) Personal dignity and well-being, including ensuring that the child's body is appropriately covered.

(e) As soon as possible after starting any type of emergency behavior intervention, the caregiver must:

(1) Explain to the child the behaviors the child must exhibit to be released or have the intervention reduced, if applicable; and

(2) Permit the child to suggest actions the caregivers can take to help the child de-escalate.

(f) If the child does not appear to understand what the child must do to be released from the emergency behavior intervention, the caregiver must attempt to re-explain it every 15 minutes until the child understands or is released from the intervention.

Source Note: The provisions of this §749.2151 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909