§748.1101: What rights does a child in care have?

(a) A child's rights are cumulative of any other rights granted by law or other Licensing rules.

(b) You must adhere to the child's rights, including:

(1) The right to appropriate care and treatment in the least restrictive setting available that can meet the child's needs;

(2) The right to be free from discrimination on the basis of gender (if your operation accepts both genders), race, religion, national origin, or sexual orientation;

(3) The right to have physical, emotional, developmental, educational, social, and religious needs met;

(4) The right to be free of abuse, neglect, and exploitation as defined in Texas Family Code, §261.401;

(5) The right to be free from any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment, which includes:

(A) Shaking the child;

(B) Subjecting the child to corporal punishment;

(C) Threatening the child with corporal punishment;

(D) Any unproductive work that serves no purpose except to demean the child, such as moving rocks from one pile to another or digging a hole and then filling it in;

(E) Denying the child food, sleep, toileting facilities, mail, or family visits as punishment;

(F) Subjecting the child to remarks that belittle or ridicule the child or the child's family; and

(G) Threatening the child with the loss of placement or shelter as punishment;

(6) The right to discipline that is appropriate to the child's age and developmental level;

(7) The right to have restrictions or disciplinary consequences explained when the measures are imposed;

(8) The right to a humane environment, including any treatment environment that provides reasonable protection from harm and appropriate privacy for personal needs;

(9) The right to receive educational services appropriate to the child's age and developmental level;

(10) The right to training in personal care, hygiene, and grooming;

(11) The right to reasonable opportunities to participate in community functions, including recreational and social activities such as Little League teams, Girl Scouts and Boy Scouts, and extracurricular school activities outside of the operation, if appropriate;

(12) The right to have adequate personal clothing, which must be suitable to the child's age and size and comparable to the clothing of other children in the community;

(13) The right to have personal possessions at the child's placement and to acquire additional possessions within reasonable limits;

(14) The right to be provided with adequate protective clothing against natural elements such as rain, snow, wind, cold, sun, and insects;

(15) The right to maintain regular contact with family members unless the child's best interest, appropriate professionals, or court necessitates restrictions;

(16) The right to send and receive uncensored mail, to have telephone conversations, and to have visitors, unless the child's best interest, appropriate professionals, or court order necessitates restrictions;

(17) The right to hire independent mental health-care professionals, medical professionals, and attorneys at the child's own expense;

(18) The right to be compensated for any work done for the operation as part of the child's service plan or vocational training, with the exception of assigned routine duties that relate to the child's living environment, such as cleaning his room or other chores, or work assigned as a disciplinary measure;

(19) The right to have personal earnings, allowances, possessions, and gifts as the child's personal property;

(20) The right to be able to communicate in a language or any other means that is understandable to the child at admission or within a reasonable time after an emergency admission of a child, if applicable, such as having a plan for an interpreter, having at least one person at the operation at all times who can communicate with the child in the child's own language, or other means to communicate with the child in the child's own language;

(21) The right to confidential care and treatment;

(22) The right to consent in writing before performing any publicity or fund raising activity for the operation, including the use of his photograph;

(23) The right not to be required to make public statements acknowledging his gratitude to the operation;

(24) The right not to receive unnecessary or excessive medication;

(25) The right to have a comprehensive service plan that addresses the child's needs, including transitional and discharge planning;

(26) The right to participate in the development and review of the child's service plan within the limits of the child's comprehension and ability to manage the information;

(27) The right to receive emotional, mental health, or chemical dependency treatment separate from adults (other than young adults) who are receiving services;

(28) The right to receive appropriate treatment for physical problems that affect the child's treatment or safety; and

(29) The right to report abuse, neglect, exploitation, or violation of personal rights without fear of punishment, interference, coercion, or retaliation.


Source Note: The provisions of this §748.1101 adopted to be effective January 1, 2007, 31 TexReg 7377