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TITLE 26 - HEALTH AND HUMAN SERVICES
PART 1 - HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES
SUBCHAPTER L - FOSTER CARE SERVICES: EMERGENCY BEHAVIOR INTERVENTION
SECTION/RULE §749.2055 - What actions must a caregiver take before using a permitted type of emergency behavior intervention?
Chapter Review Date 06/19/2024

(a) Before using a permitted type of emergency behavior intervention, the caregiver must:(1) Attempt less restrictive behavior interventions that prove to be ineffective at defusing the situation; and(2) Determine that the basis for the emergency behavior intervention is:(A) An emergency situation; or(B) A need for a personal restraint to administer intra-muscular medication or other medical treatments prescribed by a licensed physician, such as administering insulin to a child with diabetes.(b) A child's active attempt to run away may be considered an emergency situation when the following is a factor:(1) The child is developmentally or chronologically under six years old;(2) The child is suicidal;(3) The operation is located near a high traffic area;(4) Adverse weather conditions pose a clear safety risk to the child; or(5) Other clear safety risks are present.

Source Note: The provisions of this §749.2055 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective September 1, 2010, 35 TexReg 7522; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909.

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