SECTION 749.2593. What responsibilities does a caregiver have when supervising a child?

(a) The caregiver is responsible for:

(1) Knowing which children they are responsible for;

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

(3) 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;

(4) Being able to intervene when necessary to ensure each child's safety; and

(5) Not performing tasks that clearly impede the caregiver's ability to supervise and interact with the children while being responsible for the supervision of the children and meet any service-planning requirement regarding supervision of any child.

(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 home;

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

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

(c) Caregivers counted in the child/caregiver ratio 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) When a child participates in an unsupervised childhood activity, the caregiver must:

(1) Know where the child is scheduled to be;

(2) Give the child a specific time to return to the foster home 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 must maintain progress notes for the child, at a frequency determined by the service planning team. Caregivers must sign and date each progress note at the time the progress note is completed. Progress notes must be available for Licensing staff to review.

Source Note: The provisions of this §749.2593 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; amended to be effective December 1, 2014, 39 TexReg 9058; amended to be effective January 1, 2017, 41 TexReg 9978; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909