Texas Administrative Code, Title 40 (selections)

Social Services and Assistance

Subchapter F

Division 1

§749.801: What do certain words and terms mean in this subchapter?

The words and terms used in this subchapter have the following meanings:

(1) CEU--Continuing education unit.

(2) CPR--Cardiopulmonary resuscitation.

(3) Hours--Clock hours.

(4) Instructor led training--Training that is characterized by the communication and interaction that takes place between the student and the instructor and must include an opportunity for the student to timely interact with the instructor to obtain clarifications and information beyond the scope of the training materials, including answering questions, providing feedback on skills practice, providing guidance or information on additional resources, and proactively interacting with students. Examples of this type of training include classroom training, on-line distance learning, video-conferencing, or other group learning experiences.

(5) Self instructional training--Training that is designed to be used by one individual working alone and at their own pace to complete lessons or modules. Examples of this type of training include computer based training, written materials, or video training.

Comments

Source Note: The provisions of this §749.801 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 2

§749.831: What is the orientation requirement for caregivers and employees?

(a) Prior to beginning job duties or having contact with children in care, each caregiver or employee must have orientation that includes:

(1) An overview of the relevant and applicable rules of this chapter;

(2) Your philosophy, organizational structure, policies, and a description of the services and programs you offer; and

(3) The needs and characteristics of children that you serve.

(b) You must document the completion of the orientation in the appropriate personnel record.

Comments

Source Note: The provisions of this §749.831 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.833: Must I provide orientation to a person who was previously a caregiver or an employee at my agency?

(a) You do not have to provide orientation to a person who was a caregiver or employee at your agency during the past 12 months. However, before this person can be the only caregiver for a group of children, you must:

(1) Discuss with the employee any changes in your services or programs that have occurred since the previous employment; and

(2) Ensure the employee has received training during the past 12 months from your agency on preventing, identifying, treating, and reporting child abuse, neglect, and exploitation.

(b) You must document this discussion and the previous training in the person's personnel record.

Comments

Source Note: The provisions of this §749.833 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 3

§749.861: What are the pre-service experience requirements for caregivers?

(a) For caregivers providing care to children only receiving child-care services and/or programmatic services, there are no pre-service experience requirements.

(b) Before a caregiver can provide care to a child receiving treatment services, you must ensure that the caregiver has the experience to care for the child's treatment need. If a caregiver does not have the necessary experience, your child-placement management staff must prescribe a regimen of specific child-care experience that the caregiver must complete before you place a child with treatment needs in the caregiver's home.

(c) You must document the caregiver's experience and/or prescribed regimen in the home's record.

Comments

Source Note: The provisions of this §749.861 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.863: What are the pre-service hourly training requirements for caregivers and employees?

(a) Caregivers and certain employees must complete the following training hours before the noted timeframe:

Attached Graphic

(b) You must document the completion of each training requirement in the appropriate personnel record.

Comments

Source Note: The provisions of this §749.863 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.865: Can time spent in orientation training count towards pre-service training?

No, the orientation training must be separate from the pre-service hourly training requirement.

Comments

Source Note: The provisions of this §749.865 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.867: Must I provide pre-service training to a caregiver or employee who was previously a caregiver or employee for a child-placing agency?

(a) A caregiver is exempt from completing the eight hours of general pre-service training if he has been a caregiver for a residential child-care operation during the past 12 months.

(b) A caregiver or employee is exempt from completing the pre-service training regarding emergency behavior intervention if he:

(1) Has been a caregiver for or employed by a residential child-care operation during the past 12 months;

(2) Has received training during the past 12 months in the types of emergency behavior intervention used at your agency; and

(3) Can demonstrate knowledge and competency of the training material, both in writing and in physical techniques.

(c) You must document the exemption factors in the appropriate personnel record.

Comments

Source Note: The provisions of this §749.867 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.869: What are the instructor requirements for providing pre-service training?

(a) A qualified instructor must deliver the pre-service training.

(b) The training must be instructor led.

(c) A health-care professional or a pharmacist must provide training in administering psychotropic medication. The trainer must assess each participant after the training to ensure that the participant has learned the course content.

(d) To provide training in emergency behavior intervention the:

(1) Instructor must be certified in a recognized method of emergency behavior intervention, or be able to document knowledge of:

(A) The emergency behavior intervention;

(B) The course material;

(C) Training delivery methods and techniques; and

(D) Training evaluation or assessment methods and techniques;

(2) Training must be competency-based and require participants to demonstrate skill and competency at the end of the training.

Comments

Source Note: The provisions of this §749.869 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 4

§749.881: What curriculum components must be included in the general pre-service training?

The general pre-service training curriculum must include the following components:

(1) Topics appropriate to the needs of children for whom the caregiver will be providing care, such as developmental stages of children, fostering children's self-esteem, constructive guidance and discipline of children, strategies and techniques for monitoring and working with these children, and age-appropriate activities for the children;

(2) The different roles of caregivers;

(3) Measures to prevent, identify, treat, and report suspected occurrences of child abuse (including sexual abuse), neglect, and exploitation;

(4) Procedures to follow in emergencies, such as weather related emergencies, volatile persons, and severe injury or illness of a child or adult; and

(5) Preventing the spread of communicable diseases.

Comments

Source Note: The provisions of this §749.881 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.883: Are there additional general pre-service training requirements for a caregiver who will care for children younger than two years old?

Yes. You must ensure that each caregiver providing care for children younger than two years old receives training on:

(1) Recognizing and preventing shaken baby syndrome;

(2) Preventing sudden infant death syndrome; and

(3) Understanding early childhood brain development.

Comments

Source Note: The provisions of this §749.883 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.885: Are there additional general pre-service training requirements for a caregiver that administers psychotropic medication?

Yes. You must ensure that each caregiver that administers psychotropic medication receives training on:

(1) Identification of psychotropic medications;

(2) Basic pharmacology (the actions and side effects of, and possible adverse reactions to, various psychotropic medications);

(3) Techniques and methods of administering medications;

(4) Who is legally authorized to provide consent for the psychotropic medication; and

(5) Any related policies and procedures.

Comments

Source Note: The provisions of this §749.885 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 5

§749.901: If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training regarding emergency behavior intervention?

If you do not allow the use of emergency behavior intervention, your pre-service training curriculum regarding emergency behavior intervention must focus on early identification of potential problem behaviors and strategies and techniques of less restrictive interventions, including the following components:

(1) Developing and maintaining an environment that supports positive and constructive behaviors;

(2) The causes of behaviors potentially harmful to children, including aspects of the environment;

(3) Early signs of behaviors that may become dangerous to the child or others;

(4) Strategies and techniques the child can use to avoid harmful behaviors;

(5) Teaching children to use the strategies and techniques of your agency's de-escalation protocols to avoid harmful behavior, and supporting the children's efforts to progress into a state of self-control;

(6) Less restrictive strategies caregivers can use to intervene in potentially harmful behaviors;

(7) Less restrictive strategies caregivers can use to work with oppositional children; and

(8) The risks associated with the use of prone or supine restraints, including positional, compression, or restraint asphyxia.

Comments

Source Note: The provisions of this §749.901 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.903: If I allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training regarding emergency behavior intervention?

(a) If you allow the use of emergency behavior intervention, at least 75% of the pre-service training curriculum regarding emergency behavior intervention must focus on early identification of potential problem behaviors and strategies and techniques of less restrictive interventions, including the components listed in §749.901 of this title (relating to If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training regarding emergency behavior intervention?).

(b) The training does not have to address the use of any type of emergency behavior intervention that your policies do not allow.

(c) The other 25% of the pre-service training curriculum regarding emergency behavior intervention must include the following components:

(1) Different roles and responsibilities of caregivers qualified in emergency behavior intervention versus employees or volunteers who are not qualified in emergency behavior intervention;

(2) Escape and evasion techniques to prevent harm to the child and caregiver without requiring the use of an emergency behavior intervention;

(3) Safe implementation of the restraint techniques and procedures that are appropriate for the age and weight of children served and permitted by the rules in this chapter and your policies and procedures;

(4) The physiological impact of emergency behavior intervention;

(5) The psychological impact of emergency behavior intervention, such as flashbacks from prior abuse;

(6) How to adequately monitor the child during the administration of an emergency behavior intervention to prevent injury or death;

(7) Monitoring physical signs of distress and obtaining medical assistance;

(8) Health risks for children associated with the use of specific techniques and procedures;

(9) Drawings, photographs, or videos of each personal restraint permitted by your policy; and

(10) Strategies for re-integration of children into the environment after the use of emergency behavior intervention, including the debriefing of caregivers and the child.

Comments

Source Note: The provisions of this §749.903 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 6

§749.931: What are the annual training requirements for caregivers and employees?

Caregivers and employees must complete the following training hours:

Attached Graphic

Comments

Source Note: The provisions of this §749.931 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective March 1, 2010, 35 TexReg 882

§749.933: When must an employee or caregiver complete the annual training?

(a) Each person must complete the annual training:

(1) Within 12 months from the date of his employment; and

(2) During each subsequent 12-month period.

(b) You have the option of prorating the person's annual training requirements from the date of employment to the end of the calendar year or the end of the agency's fiscal year and then beginning a new 12-month period that coincides with the calendar or fiscal year.

Comments

Source Note: The provisions of this §749.933 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.935: What types of hours or instruction can be used to complete the annual training requirements?

(a) If the training complies with the other rules in this division (relating to Annual Training), annual training may include hours or CEUs earned through:

(1) Workshops or courses offered by local school districts, colleges or universities, or Licensing;

(2) Conferences or seminars;

(3) Self-instructional training, excluding training on emergency behavior intervention, first-aid, and CPR;

(4) Planned learning opportunities provided by child-care associations or Licensing; or

(5) Planned learning opportunities provided by a child-placing agency administrator, professional contract service provider, professional service provider, treatment director, child placement management staff, child placement staff, contractor, or caregiver who meets minimum qualifications in the rules of this chapter; or

(6) The hours attending college or a professional credentialing or registry program.

(b) For annual training hours, you may count:

(1) The hours of annual training that a person received at another child-placing agency, general residential operation, or residential treatment center, if the person:

(A) Received the training within the time period you are using to calculate the person's annual training; and

(B) Provides documentation of the training;

(2) Annual emergency behavior intervention training;

(3) First-aid and CPR training;

(4) The hours of pre-service training that the person earns in addition to the required pre-service hours. For example, if a person completes 24 hours of pre-service emergency behavior intervention training, and is required to obtain 16 hours, that person may count eight of the hours toward annual training requirements;

(5) Half of the hours spent developing initial training curriculum that is relevant to the population of children served. No additional credit hours for training curriculum development are permitted for repeated training sessions; and

(6) One-fourth of the hours spent updating and making revisions to training curriculum that is relevant to the population of children served.

(c) For annual training hours, you may not count:

(1) Orientation training;

(2) Pre-service training;

(3) The hours involved in case staffings and conferences with the supervisor; or

(4) The hours presenting training to others.

(d) No more than one-third of the required annual training hours may come from self-instructional training.

(e) If a person earns more than the minimum number of training hours required during a particular year, the person can carry over to the next year a maximum of 10 training hours.

Comments

Source Note: The provisions of this §749.935 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.937: Does Licensing approve training resources or trainers for annual training hours?

No. We do not approve or endorse training resources or trainers for training hours. You must, however, ensure the employees receive reliable training relevant to the population of children served, which includes:

(1) Specifically stated learning objectives;

(2) A curriculum, which includes experiential or applied activities;

(3) An evaluation/assessment tool to determine whether the person has obtained the information necessary to meet the stated objectives; and

(4) A certificate, letter, or a signed and dated statement of successful completion from the training source.

Comments

Source Note: The provisions of this §749.937 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.939: What are the instructor requirements for providing annual training?

The annual training instructors must meet the same requirements in §749.869 of this title (relating to What are the instructor requirements for providing pre-service training?).

Comments

Source Note: The provisions of this §749.939 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.941: What areas or topics are appropriate for annual training?

Annual training must be in areas appropriate to the needs of children for whom the caregiver provides care, which include:

(1) Developmental stages of children;

(2) Constructive guidance and discipline of children;

(3) Fostering children's self-esteem;

(4) Positive interaction with children;

(5) Strategies and techniques for working with the population of children served;

(6) Supervision and safety practices in the care of children; and

(7) Preventing the spread of communicable diseases.

Comments

Source Note: The provisions of this §749.941 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.945: For a caregiver that administers psychotropic medication, what annual training is required?

If you permit a caregiver to administer psychotropic medication, his annual training must meet the requirements in §749.885 of this title (relating to Are there additional general pre-service training requirements for a caregiver that administers psychotropic medication?).

Comments

Source Note: The provisions of this §749.945 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.947: What must annual training regarding emergency behavior intervention include?

(a) The annual training regarding emergency behavior intervention must reinforce basic principles covered in pre-service training, see §749.901 of this title (relating to If I do not allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training regarding emergency behavior intervention?) and §749.903 of this title (relating to If I allow the use of emergency behavior intervention, what curriculum components must be included in the pre-service training regarding emergency behavior intervention?), and develop and refine the caregiver's skills.

(b) You may determine the content of the training based on your evaluation of your emergency behavior intervention programs.

(c) The training may repeat pre-service training components, including training in the proper use and implementation of emergency behavior intervention.

Comments

Source Note: The provisions of this §749.947 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.949: What documentation must I maintain for annual training?

(a) You must keep documentation verifying completion of annual training in the appropriate personnel record. The documentation may be a certificate, letter, or a signed and dated statement of successful completion from the training source.

(b) The documentation must include the following information:

(1) The participant's name;

(2) Date of the training;

(3) Title or subject of the training;

(4) The trainer's name and qualifications, or the source of the training for self-instructional training; and

(5) Length of the training in hours.

Comments

Source Note: The provisions of this §749.949 adopted to be effective January 1, 2007, 31 TexReg 7469

Division 7

§749.981: What first-aid and cardiopulmonary resuscitation (CPR) certification must caregivers have?

(a) Before a caregiver can be the only caregiver responsible for a child in care, the caregiver must be certified in:

(1) First-aid, with rescue breathing and choking; and

(2) CPR for infants, children, and adults.

(b) A caregiver who is a health professional can use documentation of the following in lieu of these certifications:

(1) The training to be a health professional includes the knowledge covered in first aid and/or CPR training; and

(2) The person's employment ensures that these skills are kept current.

Comments

Source Note: The provisions of this §749.981 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.983: When must a caregiver renew first-aid and Cpr certification?

Each caregiver must complete any new first-aid training or CPR training, as required to maintain a current certification.

Comments

Source Note: The provisions of this §749.983 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.985: Who can provide first-aid and Cpr certification?

(a) The following may provide first-aid and CPR certification:

(1) The American Red Cross, American Heart Association, or a training program that has been approved by the local Emergency Medical Services Authority, or is offered through a local hospital; or

(2) A person with a current certification to provide the training.

(b) A caregiver may not obtain first-aid or CPR certification through self-instructional training.

Comments

Source Note: The provisions of this §749.985 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.987: What must the first-aid and Cpr training include?

(a) First-aid and CPR training and re-certification must consist of a curriculum that includes both written and hands-on skill-based instruction, practice (for CPR, the practice is through the use of a CPR mannequin), and testing.

(b) CPR training and re-certification must include CPR for infants, children, and adults.

Comments

Source Note: The provisions of this §749.987 adopted to be effective January 1, 2007, 31 TexReg 7469

§749.989: What documentation must I maintain for first-aid and Cpr certification?

(a) You must document the completion of each training requirement in the appropriate personnel records. The documentation may be a certificate, letter, or a statement of successful completion, that is signed and dated, from the training source. A photocopy of the original first-aid and/or CPR certificate or letter may be maintained in the personnel record, as long as the employee can provide an original document upon request by Licensing.

(b) The documentation must include the following information:

(1) The participant's name;

(2) Date of the training;

(3) Title or subject of the training;

(4) The trainer's name and qualifications;

(5) The expiration date of the certification as determined by the organization providing the certification; and

(6) Length of the training in hours.

Comments

Source Note: The provisions of this §749.989 adopted to be effective January 1, 2007, 31 TexReg 7469