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 H - CHILD RIGHTS
Section 748.1101 - What rights does a child in care have?
Universal Citation: 26 TX Admin Code ยง 748.1101
Current through Reg. 49, No. 38; September 20, 2024
(a) A child's rights are cumulative of any other rights granted by law or other Licensing rules.
(b) The following categories include the child's rights that you must adhere to:
(1)
Safety and care, including:
(A) The right to
good care and treatment that meets the child's needs in the most family-like
setting possible;
(B) The right to
be free from abuse, neglect, and exploitation; and
(C) The right to fair treatment;
(2) Family contacts, including the
right to maintain regular contact with the child's parents and siblings, unless
restrictions are necessary because of the child's best interest, the decision
of an appropriate professional, or a court order;
(3) Living a normal life, including:
(A) 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, 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;
(B) The right to receive
educational services appropriate to the child's age and developmental
level;
(C) The right to have the
child's religious needs met;
(D)
The right to participate in childhood activities, including unsupervised
childhood activities away from the operation and the caregivers, that are
appropriate for the child's age, maturity, and developmental level;
(E) The right to privacy, including sending
and receiving unopened mail, making and receiving phone calls, keeping a
personal journal, and having visitors, unless the child's best interest,
appropriate professionals, or court order necessitates restrictions;
(F) The right to personal care, hygiene, and
grooming equipment and supplies and training in how to use them;
(G) The right to have comfortable clothing,
which is suitable to the child's age and size and similar to the clothing of
other children in the community. Teenagers should have reasonable opportunities
to select the clothing;
(H) The
right to clothing that protects the child against the weather;
(I) The right to have personal items in the
child's room and to get additional items within reasonable limits;
(J) The right to personal space in the
child's bedroom to store the child's clothes and belongings;
(K) The right to be informed of search
policies and be free of unreasonable searches and unreasonable removal of
personal items;
(L) Depending on
the child's age and maturity, the right to seek employment, keep the child's
own money, have a bank account in the child's name, and get paid 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 the child's room, or other chores,
or work assigned as a disciplinary measure;
(M) The right to consent in writing before
taking part in any publicity or fund raising activity for the operation,
including the use of the child's photograph;
(N) The right to refuse to make public
statements showing gratitude to the operation; and
(O) The right to not be pressured to get an
abortion, give up her child for adoption, or parent her child, if
applicable;
(4)
Discipline, including:
(A) The right to be
free from any harsh, cruel, unusual, unnecessary, demeaning, or humiliating
treatment or punishment. This means the child must not be:
(i) Shaken;
(ii) Subjected to or threatened with corporal
punishment, including spanking or hitting the child;
(iii) Forced to do 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;
(iv) Denied food, sleep, a bathroom, mail, or
family visits as punishment;
(v)
Subjected to remarks that belittles or ridicules the child or the child's
family;
(vi) Threatened with the
loss of placement or shelter as punishment; and
(vii) Subjected to demeaning behavior to
embarrass, control, harm, intimidate, or isolate the child. "Demeaning
behavior" may include using physical force, rumors, threats, or inappropriate
comments;
(B) The right
to discipline that is appropriate to the child's age, maturity, and
developmental level; and
(C) The
right to have restrictions or disciplinary policies explained to the child at
admittance and when the measures are imposed;
(5) Plans for the child while in care,
including:
(A) The right to have a
comprehensive service plan that addresses the child's needs, including
transitional and discharge planning; and
(B) The right to actively participate in the
development of the child's service plan within the limits of the child's
comprehension and ability to manage the information. The child has the right to
a copy or summary of the plan. A child 14 years of age or older has the right
to review and sign the service plan, unless there is a reason not to provide
the plan;
(6) Medical
care and records, including:
(A) The right to
medical, dental, vision, and mental health care and developmental services that
adequately meet the child's needs. The right to request that the care or
services be separate from adults (other than young adults) who are receiving
services;
(B) The right to be free
of unnecessary or excessive medication; and
(C) The right to confidential care and
treatment, including keeping medical records and operation records private and
only discussing them when it is about the child's care; and
(7) Complaints, including the
right to make calls, reports, or complaints without interference, coercion,
punishment, retaliation, or threats of punishment or retaliation. The child may
make these calls, reports, or complaints anonymously. Depending upon the nature
of the complaint, the child has the right to call, report, or complain to:
(A) The DFPS Texas Abuse/Neglect Hotline at
1-800-252-5400;
(B) The HHSC
Ombudsman for Children and Youth Currently in Foster Care at
1-844-286-0769;
(C) The DFPS Office
of Consumer Affairs at 1-800-720-7777; or
(D) Disability Rights of Texas at
1-800-252-9108.
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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