Subchapter A: Purpose And Scope And Subchapter B Division 1: Definitions

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§749.3. Who is responsible for complying with the rules of this chapter?

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The permit holder must ensure compliance with all rules of this chapter at all times, with the exception of those rules identified for specific types of services that your agency does not offer.

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For example, if we grant you a permit to offer adoption services only, you do not have to comply with rules that apply to foster care services; however, you must comply with all other rules of this chapter.

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Activity space

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An area or room used for child activities.

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Adaptive functioning

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Refers to how effectively a person copes with common life demands and how well the person meets standards of personal independence expected of someone in his particular age group, socio-cultural background, and community setting.

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Adoption record

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All information received by the child-placing agency that bears the child’s name or pertains to the child, including any information about the birth parents and adoptive parents, is considered to be part of the adoption record.

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Adoptive home screening. Also known as a pre-adoptive home screening.

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Also known as a pre-adoptive home screening. A written evaluation, prior to the placement of a child in an adoptive home, of the:
(A) Prospective adoptive parent(s);
(B) Family of the prospective adoptive parents; and
(C) Environment of the adoptive parents and their family in relation to their ability to meet the needs of a child, and if a child has been identified for adoption, the needs of that particular child.

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Caregiver

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Is a person counted in the child/caregiver ratio for foster care services, including employees, foster parents, contract service providers, and volunteers, whose duties include direct care, supervision, guidance, and protection of a child in care. This includes any person that is solely responsible for a child in foster care.

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For example, a child-placement staff that takes a foster child on an appointment or doctor’s visit is considered a caregiver.

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A Caregivers are NOT

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Babysitters or respite child-care providers who are not:
(i) Verified foster parents;
(ii) Licensed foster parents; or
(iii) Agency employees.
(iv) Contract service provider who
provides a specific type of service to your agency for a limited number of hours per week or month; or
works with one particular child.

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Disinfecting solution (self made)

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(A) A self-made solution, prepared as follows:
(i) One tablespoon of regular strength liquid household bleach to each gallon of water used for disinfecting such items as toys, eating utensils, and nonporous surfaces (such as tile, metal, and hard plastics); or
(ii) One-fourth cup of regular strength liquid household bleach to each gallon of water used for disinfecting surfaces such as bathrooms, crib rails, diaper-changing tables, and porous surfaces, such as wood, rubber or soft plastics; or

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Disinfecting solution (commercial)

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(B) A commercial product that is registered with the Environmental Protection Agency (EPA) as an antimicrobial product and includes directions for use in a hospital as a disinfectant. You must use the product according to label directions. Commercial products must not be toxic on surfaces likely to be mouthed by children, like crib rails and toys.

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Family applicants

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All residents, part- or full-time, of a household that are being considered for verification as an agency foster home or approved as an adoptive home.

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Foster family home

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A home that is the primary residence of the foster parent(s) and provides care for six or fewer children or young adults, under the regulation of a child-placing agency.

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Foster group home (After 2007)

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primary residence of the foster parent(s) and provides care for seven to 12 children or young adults, under the regulation of a child-placing agency;

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Foster group home (Before 2007)

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provides care for seven to 12 children or young adults, under the regulation of a child-placing agency.

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Immediate danger

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A situation where a prudent person would conclude that bodily harm would occur if there were no immediate interventions. Immediate danger includes a serious risk of suicide, serious physical injury, or the probability of bodily harm resulting from a child running away if under 10 years old chronologically or developmentally.

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Immediate danger does not include:
(A) Harm that might occur over time or at a later time; or
(B) Verbal threats or verbal attacks.

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Infant

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A child from birth to 17 months

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Long term placement

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A placement that is expected to last more than 90 days.

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Master record

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The compilation of all required records for a specific person or home, such as a master personnel record, master case record for a child, or a master case record for a foster or adoptive home.

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Non-ambulatory

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A child that is only able to move from place to place with assistance, such as a walker, crutches, a wheelchair, or prosthetic leg.

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Non-mobile

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A child that is not able to move from place to place, even with assistance.

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Parent

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A person that has legal responsibility for or legal custody of a child, INCLUDING the managing conservator or legal guardian.

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Person legally authorized to give consent

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The person legally authorized to give consent by the Texas Family Code or a person authorized by the court.

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Physical force

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Pressure applied to a child’s body that reduces or eliminates the child’s ability to move freely.

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Post-adoptive services

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Services available through the child-placing agency (direct or on referral) to birth and adoptive parents and the adoptive child after the adoption is consummated.

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Examples include counseling, maintaining a registry if a central registry is not used, providing pertinent, new medical information to birth or adoptive parents, or providing the adult adoptee a copy of his record upon request.

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Post-placement report

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A written evaluation of the assessments and interviews, after the adoptive placement of the child, regarding the:
(A) Child;
(B) Prospective adoptive parent(s);
(C) Family of the prospective adoptive parent(s);
(D) Environment of the prospective adoptive parent(s) and their family; and
(E) Adjustment of all individuals to the placement.

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Re-evaluation

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Includes an assessment of all factors required for the initial evaluation only for the purpose of determining if any substantive changes have occurred. If substantive changes have occurred, these areas must be fully evaluated.

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Sanitize

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A four-step process that must be followed in the subsequent order:
(A) Washing with water and soap;
(B) Rinsing with clear water;
(C) Soaking in or spraying on a disinfecting solution for at least two minutes. Rinsing with cool water only those items that a child is likely to place in his mouth; and
(D) Allowing the surface or article to air-dry.

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Substantial bodily harm

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Physical injury serious enough that a prudent person would conclude that the injury required professional medical attention.

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It does NOT include minor bruising, the risk of minor bruising, or similar forms of minor bodily harm that will resolve healthily without professional medical attention.

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Toddler

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A child 18 months-35 months

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Treatment director

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The person responsible for the overall treatment program providing treatment services. A treatment director may have other responsibilities and may designate treatment director responsibilities to other qualified persons.

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Universal precautions

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An approach to infection control where all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other blood-borne pathogens.

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Young adult

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An adult whose chronological age is between 18 and 22 years, who is currently in a residential child-care operation, and who continues to need child-care services.