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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
SUBCHAPTER B - DEFINITIONS AND SERVICES
SECTION/RULE §748.61 - What types of services are subject to regulation under this chapter?
Chapter Review Date 04/17/2024

The following types of services are subject to regulation under this chapter:(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 support children:(A) With an Emotional Disorder who have a:(i) Current Diagnostic and Statistical Manual of Mental Disorders, 5th Edition (DSM-5) diagnosis, such as mood disorders, psychotic disorders, or dissociative disorders, and demonstrate two or more of the following:(I) Major self-injurious actions, including a suicide attempt within the last 12 months;(II) Difficulties that present a significant risk of harm to others, including frequent or unpredictable physical aggression; or(III) An additional DSM-5 diagnosis of substance-related or addictive disorder with severe impairment; or(ii) Severe emotional disturbance as defined by §748.4801 of this chapter (relating to What do the following terms mean when used in this subchapter?) who are admitted to a certified psychiatric residential youth treatment facility also defined at §748.4801 of this chapter, in addition to young adults 18 to 21 years of age who also qualify for these services;(B) With a DSM-5 diagnosis of Intellectual Disability that is characterized by prominent, severe 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) With a DSM-5 diagnosis of Autism Spectrum Disorder that is 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; or(v) Multiple physical disabilities, including sensory impairments;(D) With Primary Medical Needs, who cannot live without mechanical supports or the services of others because of life-threatening conditions, including:(i) The inability to maintain an open airway without assistance, which does not include the use of inhalers for asthma;(ii) The inability to be fed except through a feeding tube, gastric tube, or a parenteral route;(iii) The 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(E) Determined to be a trafficking victim, including a child:(i) Determined to be a trafficking victim as the result of a criminal prosecution or who is currently alleged to be a trafficking victim in a pending criminal investigation or prosecution;(ii) Identified by the parent or agency that placed the child in the operation as a trafficking victim; or(iii) Determined by the operation to be a trafficking victim based on reasonably reliable criteria, including one or more of the following:(I) The child's own disclosure as a trafficking victim;(II) The assessment of a counselor or other professional; or(III) Evidence that the child was recruited, harbored, transported, provided to another person, or obtained for the purpose of forced labor or commercial sexual activity; and(3) Additional Programmatic Services, which include:(A) Emergency Care Services--A specialized type of child-care services designed and offered to provide short-term child care to children who, upon admission, are in an emergency constituting an immediate danger to the physical health or safety of the child or the child's offspring;(B) 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, which includes basic life skills training and the opportunity for children to practice those skills and is not an independent living program;(C) Assessment Services Program--Services to provide an initial evaluation of the appropriate placement for a child to ensure that appropriate information is obtained to facilitate service planning;(D) Therapeutic Camp Services--A camping program to augment an operation's treatment services with an experiential curriculum exclusively for a child with an emotional disorder who has difficulty functioning in his home, school, or community and is only available to children 13 years old and older; and(E) Respite Child-Care Services--See §748.73 of this chapter (relating to What are respite child-care services?).

Source Note: The provisions of this §748.61 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective September 1, 2010, 35 TexReg 7497; amended to be effective December 1, 2014, 39 TexReg 9052; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909; amended to be effective October 15, 2024, 49 TexReg 8164.

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