Author Topic: Children's Rights in Texas Programs  (Read 1085 times)

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Offline Deborah

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Children's Rights in Texas Programs
« on: October 29, 2007, 12:35:05 PM »
748.1101(b)(1)  Children's rights-Adhere to the child's rights to appropriate care treatment in the least restrictive setting available that meets the child's needs
748.1101(b)(10)  Children's rights-Adhere to the child's right to have training in personal care, hygiene, and grooming
748.1101(b)(11)  Children's rights-Adhere to the child's right to reasonable opportunities to participate in community functions
748.1101(b)(12)  Children's rights-Adhere to the child's right to have adequate personal clothing, suitable to his age and size and comparable with peers
748.1101(b)(13)  Children's rights-Adhere to the child's right to have personal possessions at his home and to acquire additional possessions within limits
748.1101(b)(14)  Children's rights-Adhere to the child's right to be provided with adequate protective clothing against natural elements
748.1101(b)(15)  Children's rights-Adhere to the child's right to maintain regular contact with his family unless not in the child's best interest
[Who determines this? Program? Parent? Court?]
748.1101(b)(16)  Children's rights-Adhere to child's right to send and receive uncensored mail, have telephone conversations, visitors and keep a personal journal
748.1101(b)(17)  Children's rights-Adhere to the child's right to hire independent mental health professionals, medical professionals, and attorneys at his expense
748.1101(b)(18)  Children's rights-Adhere to the child's right to be compensated for any work done for the agency or home as part of the child's service plan
748.1101(b)(19)  Children's rights-Adhere to the child's right to have personal earnings, allowances, possessions, and gifts as his personal property
748.1101(b)(2)  Children's rights-Adhere to the child's rights to be free from discrimination on basis of gender race religion national origin, sexual orientation
748.1101(b)(20)  Children's rights-Adhere to the child's right to be able to communicate in a language or any other means that is understandable to the child
748.1101(b)(21)  Children's rights-Adhere to the child's right to confidential care and treatment
748.1101(b)(22)  Children's rights-Adhere to the child's right to have to consent in writing before permitting any publicity or fund raising activity for the agency;
748.1101(b)(23)  Children's rights-Adhere to child's right to not be required to make public statements acknowledging his gratitude to operation
748.1101(b)(24)  Children's rights-Adhere to the child's right to not receive unnecessary or excessive medication
748.1101(b)(25)  Children's rights-Adhere to the child's right to have a comprehensive service plan that addresses the child's needs
748.1101(b)(26)  Children's rights-Adhere to the child's right to participate in the development and review of his service plan within the limits
748.1101(b)(27)  Children's rights-Adhere to the child's right to receive emotional, mental health, or chemical dependency treatment separately from adults
748.1101(b)(28)  Children's rights-Adhere to the child's right to receive appropriate treatment for physical problems that affect his treatment or safety
748.1101(b)(29)  Children's rights-Adhere to the child's right to report abuse, neglect, exploitation, or violation of personal rights without fear of punishment
748.1101(b)(3)  Children's rights-Adhere to the child's rights to have his physical, emotional, developmental, educational, social and religious needs met
748.1101(b)(4)  Children's rights-Adhere to the child's rights to be free of abuse, neglect, and exploitation as defined in Texas Family Code 261.401
748.1101(b)(5)  Children's rights-Adhere to the child's rights to be free from any harsh, cruel, unusual, unnecessary, demeaning, or humiliating punishment
748.1101(b)(5)(A)  Children's rights-Adhere to the child's rights to be free from being shaken
748.1101(b)(5)(B)  Children's rights-Adhere to the child's rights to be free from being subjected to corporal punishment
748.1101(b)(5)(C)  Children's rights-Adhere to the child's rights to be free from being threatened with corporal punishment
748.1101(b)(5)(D)  Children's rights-Adhere to the child's rights to be free from any unproductive work that serves no purpose except to demean the child
748.1101(b)(5)(E)  Children's rights-Adhere to the child's rights to be free from being denied food, sleep, toileting facilities, mail, or family visits as punishment
748.1101(b)(5)(F)  Children's rights-Adhere to the child's rights to be free from being subjected to remarks that belittle or ridicule the child or the child's family
748.1101(b)(5)(G)  Children's rights-Adhere to the child's rights to be free from being threatened with the loss of placement or shelter as punishment
748.1101(b)(6)  Children's rights-Adhere to the child's right to discipline that is appropriate to the child's age and developmental level;
748.1101(b)(7)  Children's rights-Adhere to the child's right to have restrictions or disciplinary consequences explained to him when the measures are imposed
748.1101(b)(8)  Children's rights-Adhere to the child's right to have a humane environment, including any treatment environment, which provides protection from harm
748.1101(b)(9)  Children's rights-Adhere to the child's right to receive educational services appropriate to the child's age and developmental level
Informing Child of Rights
748.1103(a)  Informing child of rights-Review the child's rights with the child and a child's parent within 7 days after a child is admitted
748.1103(b)(1)  Informing child of rights-Child rights must be written in simple, non-technical terms
748.1103(b)(2)  Informing child of rights-Child rights must be written in English, if he does not understand English it must be written in his primary language
748.1103(c)  Informing child of rights-If the person has a visual or auditory impairment, you must explain the child's rights in a manner that is understandable
748.1103(d)  Informing child of rights-Person being informed must sign statement indicating read and understands the rights-signed copy filed in child's record

Personal Care
748.1105(1)  Personal Care-Reasonable opportunities to select his clothing as outlined in the operation's policies
748.1105(2)  Personal Care-Appropriate equipment and supplies for personal care, hygiene, and grooming

Parental Contact
748.1107(a)  Child Rights parent contact-Allow contact between a child and his parent whose parental rights have not been terminated
748.1107(a)(1)  Child Rights parent contact-Allow contact between a child and his parent according to your policies
[And what if that conflicts with the aforementioned rule?]
748.1107(a)(2)  Child Rights parent contact-Allow contact between a child and his parent according to the provisions of a court order or any visitation agreement
748.1107(b)(1)  Child Rights parent contact-Document in the child's record any plans for contact between the child and a parent
748.1107(b)(2)  Child Rights parent contact-Document in the child's record any decision to limit contact with a parent
748.1107(c)  removed
748.1107(c)(1)  Child Rights parent contact-Before restricting contacts/ communication between child & parent, operation must explain reasons to child & parents
748.1107(c)(2)  Child Rights parent contact-Before restricting contacts/ communication between child and parent, operation must document reasons in child's record
748.1107(d)  Child Rights parent contact-Restrictions that continue more than 30 days must be re-evaluated monthly by PLSP
748.1107(d)(1)  Child Rights parent contact-PLSP must explain reasons for continued restrictions for more than 30 days to child and parents
748.1107(d)(2)  Child Rights parent contact-PLSP must document in child's record reasons for restrictions that last more than 30 days
748.1107(e)  Child Rights parent contact-Discuss practical reasons for limiting communication or visits w/ parent with child and parent-document in the record

Sibling Contact
748.1109(a)  Child Rights sibling contact-Provide child reasonable opportunity for sibling visits and contacts in an effort to preserve sibling relationships
748.1109(b)  Child Rights sibling contact-Address plans for sibling visits and contacts in the child's record
748.1109(c)  Child Rights sibling contact-Document justification for restricting sibling contact-re-document every 90 days for restriction more than 90 days
748.1109(d)  Child Rights sibling contact-Make provisions for sibling contact through letters, telephone calls, or some other mean, If barriers to visits exist

Phone Calls and Mail
748.1111(a)(1)  Child Rights contact others-Service planning team, treatment director, PLSP, or parents must approve opening or reading child's incoming /outgoing mail
748.1111(a)(2)  Child Rights contact others-Service planning team, treatment director, PLSP, or parents must approve listening to or screening child's phone calls
748.1111(b)(1)  Child Rights contact others-Document in the child's record any reason for restricting the child's mail or telephone calls
748.1111(b)(2)  Child Rights contact others-Document in the child's record a listing of the mail or telephone calls that are restricted
748.1111(c)  Child Rights contact others-Inform the child and parent about restrictions placed on the child
748.1111(d)  Child Rights contact others-Restrictions that last more than 30 days are re-evaluated monthly by PLSP
748.1111(d)(1)  Child Rights contact others-PLSP must explain the reasons for restrictions that last more than 30 days to the child
748.1111(d)(2)  Child Rights contact others-PLSP must document in child's record reasons for restriction that lasts

Searches
748.1113(a)  Child Rights searches-Child's possessions free of unreasonable searches and unreasonable removal of personal items
748.1113(b)  Child Rights searches-Search a child, his possessions, or his room only when reasonable suspicion exists
748.1113(b)(1)  Child Rights searches-Search a child/possessions only when reasonable suspicion of the presence of a prohibited or endangering item exists
748.1113(b)(2)  Child Rights searches-Search a child/possessions only when reasonable suspicion that the child made suicidal threats to hurt himself or others exists
748.1113(b)(3)  Child Rights searches-Search a child/possessions only when reasonable suspicion that the child or children was involved in theft exists
748.1113(c)  Child Rights searches-Searches involving removal of clothing, other than certain outer clothing, are only conducted by caregiver of same gender
748.1113(d)  Child Rights Searches-Second caregiver must witness a search that involves the removal of clothing
748.1113(e)  Child Rights searches-Caregiver ensures other children do not witness a search that involves the removal of clothing, other than outer clothing
748.1115  Child Rights searches-With the exception of a child's mouth, a caregiver may not conduct a body cavity search of a child in care
748.1117  Documentation of searches-Caregiver documents searches in the child's record if they result in the removal of personal items or clothing
748.1117(1)  The search date; Documentation of searches-Document the search date in the child's record if it results in the removal of personal items or clothing
748.1117(2)  Documentation of searches-Document the name of the child in the child's record if it results in the removal of personal items or clothing
748.1117(3)  Documentation of searches-Document the reason for the search in the child's record if it results in the removal of personal items or clothing
748.1117(4)  Documentation of searches-Document a description of what was searched in the child's record if it results in the removal of personal items or clothing
748.1117(5)  Documentation of searches-Document the articles of clothing removed in the child's record if it results in the removal of personal items or clothing
748.1117(6)  Documentation of searches-Document name of person conducting search in the child's record if it results in the removal of personal items or clothing
748.1117(7)  Documentation of searches-Document name of witness, if applicable in the child's record if it results in the removal of personal items or clothing;
748.1117(8)  Documentation of searches-Document the results of the search in the child's record if it results in the removal of personal items or clothing
748.1117(9)  Documentation of searches-Document resolution of issue with children involved, in the record if results in the removal of personal items or clothing

Prohibited Techniques
748.1119(1)  Children's Rights prohibited techniques-Prohibited from using chemical restraints, mechanical restraints, and seclusion on a child
748.1119(2)  Children's Rights prohibited techniques-Prohibited from using aversive conditioning, including any technique likely to cause a child physical pain
748.1119(3)  Children's Rights prohibited techniques-Prohibited from using pressure points on a child
748.1119(4)  Children's Rights prohibited techniques-Prohibited from using rebirthing therapy on a child
748.1119(5)  Children's Rights prohibited techniques-Prohibited from using hug and/or holding therapy on a child


Lone Star Expeditions was inspected in Oct 07 and had no violations of Children's Rights listed.
How does the state insure that the program in in compliance?
Do they glance through files?
Interview kids?
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
gt;>>>>>>>>>>>>>><<<<<<<<<<<<<<
Hidden Lake Academy, after operating 12 years unlicensed will now be monitored by the state. Access information on the Federal Class Action lawsuit against HLA here: http://www.fornits.com/wwf/viewtopic.php?t=17700