Texas Administrative Code
Title 26 - HEALTH AND HUMAN SERVICES
Part 1 - HEALTH AND HUMAN SERVICES COMMISSION
Chapter 748 - MINIMUM STANDARDS FOR GENERAL RESIDENTIAL OPERATIONS
Subchapter C - ORGANIZATION AND ADMINISTRATION
Division 1 - REQUIRED PLANS AND POLICIES, INCLUDING DURING THE APPLICATION PROCESS
Section 748.105 - What are the requirements for my personnel policies and procedures?

Universal Citation: 26 TX Admin Code § 748.105

Current through Reg. 49, No. 38; September 20, 2024

Your personnel policies and procedure must:

(1) Include an organizational chart showing the administrative, professional, and staffing structures and lines of authority;

(2) Include written job descriptions, including minimum qualifications and job responsibilities for each position;

(3) Include written procedures for screening applicants to determine suitability for any position for which you are considering an applicant. These procedures must include:

(A) Verifying an applicant's employment history as required by § 748.751 of this chapter (relating to What are the requirements for obtaining and verifying an applicant's employment history?); and

(B) Conducting reference checks as required by § 748.753 of this chapter (relating to What are the requirements for completing an applicant's reference checks?);

(4) Include a written professional staffing plan that:

(A) Demonstrates that the number, qualifications, and responsibilities of professional positions, including the child-care administrator, are appropriate for the size and scope of your services and that workloads are reasonable enough to meet the needs of the children in care;

(B) Describes in detail the qualifications, duties, responsibilities, and authority of professional positions; for each position, the plan must show whether employment is on a full-time, part-time, or continuing consultative basis; and for part-time and consulting positions, the plan must specify the number of hours and frequency of services;

(C) Documents your staffing patterns, including your child/caregiver ratios, hours of coverage, and plans for providing backup caregivers in emergencies; and

(D) Identifies, if you provide treatment services, your ability to have enough caregivers, including caregivers who are awake throughout the night to supervise children 24 hours a day, including frequent one-to-one monitoring whenever necessary to meet the needs of a particular child;

(5) Include written training requirements for employees and caregivers;

(6) Include policies on whether your operation allows individual caregivers to take children away from the operation for day or overnight visits. The policy must require obtaining the parent's written approval prior to allowing overnight visits with staff. The policy must also address the issue outlined in § 748.685(e) of this chapter (relating to What responsibilities does a caregiver have when supervising a child or children?);

(7) Comply with background check requirements outlined in Subchapter F of Chapter 745 of this title (relating to Background Checks);

(8) Require your employees to report serious incidents and suspected abuse, neglect, or exploitation. An employee who suspects abuse, neglect, or exploitation must report the employee's suspicion directly to the Texas Abuse and Neglect Hotline, as directed by Texas Family Code § 261.101(b). An employee may not delegate the responsibility to make a report, and you may not require an employee to seek approval to file a report or to notify you that a report was made;

(9) Require that all employees and consulting, contracting, and volunteer professionals who work with a child and others with access to information about a child be informed in writing of their responsibility to maintain child confidentiality; and

(10) Include either the model drug testing policy or a written drug testing policy that meets or exceeds the criteria in the model policy provided in § 745.4151 of this title (relating to What drug testing policy must my residential child-care operation have?).

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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