Subchapter B Division 2: Services

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§749.61. What types of services does Licensing regulate?

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(1) Child-Care Services – Services that meet a child’s basic need for shelter, nutrition, clothing, nurture, socialization and interpersonal skills, care for personal health and hygiene, supervision, education, and service planning;
(2) Treatment Services – In addition to child-care services, a specialized type of child-care services designed to treat and/or support children with:
(A) Emotional Disorders, such as mood disorders, psychotic disorders, or dissociative disorders, and who demonstrate three or more of the following:
(i) A Global Assessment Functioning of 50 or below;
(ii) A current DSM diagnosis;
(iii) Major self-injurious actions, including recent suicide attempts;
(iv) Difficulties that present a significant risk of harm to others, including frequent or unpredictable physical aggression; or
(v) A primary diagnosis of substance abuse or dependency and severe impairment because of the substance abuse;
(B) Mental Retardation, who have an intellectual functioning of 70 or below and are characterized by prominent, significant deficits and pervasive impairment in one or more of the following areas:
(i) Conceptual, social, and practical adaptive skills to include daily living and self care;
(ii) Communication, cognition, or expressions of affect;
(iii) Self-care activities or participation in social activities;
(iv) Responding appropriately to an emergency; or
(v) Multiple physical disabilities, including sensory impairments;
(C) Pervasive Developmental Disorder, which is a category of disorders (e.g. Autistic Disorder or Rett’s Disorder) characterized by prominent, severe deficits and pervasive impairment in one or more of the following areas of development:
(i) Conceptual, social, and practical adaptive skills to include daily living and self care;
(ii) Communication, cognition, or expressions of affect;
(iii) Self-care activities or participation in social activities;
(iv) Responding appropriately to an emergency; and
(v) Multiple physical disabilities including sensory impairments; or
(D) Primary Medical Needs, who cannot live without mechanical supports or the services of others because of non-temporary, life-threatening conditions, including the:
(i) Inability to maintain an open airway without assistance. This does not include the use of inhalers for asthma;
(ii) Inability to be fed except through a feeding tube, gastric tube, or a parenteral route;
(iii) Use of sterile techniques or specialized procedures to promote healing, prevent infection, prevent cross-infection or contamination, or prevent tissue breakdown; or
(iv) Multiple physical disabilities including sensory impairments; and
(3) Additional Programmatic Services, which include:
(A) Transitional Living Program – A residential services program designed to serve children 14 years old or older for whom the service or treatment goal is basic life skills development toward independent living. A transitional living program includes basic life skills training and the opportunity for children to practice those skills. A transitional living program is not an independent living program;
(B) Assessment Services Program – Services to provide an initial evaluation of the appropriate placement for a child to ensure that appropriate information is obtained in order to facilitate service planning; and
(C) Respite Child-Care Services – See §749.2621 of this title (relating to What are respite child-care services?).

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Regarding subsection (2)(A), neither attending therapy nor taking a psychotropic medication factors into a child being eligible for treatment services for an emotional disorder. Only the indicators noted above are considered when determining eligibility for treatment services. However, you may offer treatment services to a child you assess as needing those services, regardless of the indicators above.

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§749.63. Can I provide each type of service that Licensing regulates?

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You may provide each type of service that we regulate under the following conditions:
(1) On your permit, we list the type of service that you have been approved to provide; and
(2) Your operational policies and procedures ensure:
(A) Children are admitted appropriately;
(B) The needs of all children in care are met;
(C) Children are appropriately supervised;
(D) Children are protected from one another, if appropriate; and
(E) You meet the applicable rules of this chapter.

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§749.65. What children are eligible to participate in a transitional living program?

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(a) For a child to be eligible to participate in a transitional living program, the child must be 14 years old or older.
(b) For a child to be eligible to receive the level of caregiver supervision described in §749.2597 of this title (relating to Where must the caregivers reside in order to supervise children who are in a transitional living program?), the child must be 16 years old or older.

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§749.67. What are the requirements for a transitional living program?

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A transitional living program must have a training program for children that demonstrates competency in the following areas:
(1) Health, general safety, and fire safety practices;
(2) Money management;
(3) Transportation skills;
(4) Accessing community and other resources; and
(5) Child health and safety, child development, and parenting skills, if the child is a parent of a child living with him.

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§749.69. What is an “independent living program”?

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An “independent living program” is a program that provides case management services to a child who lives independently, without supervision and child/caregiver ratio, and the constant presence of an on-site caregiver.

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§749.71. May I have an independent living program?

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Your agency may not provide an independent living program for a child in care under 18 years old.