Part 12: Special Programs - Assessment & Trafficking Victim Services
Subchapter T: Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 1 - Regulation
§749.3801. Does Licensing regulate all assessment services?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 1, Regulation
January 2007
(a) No. This subchapter only regulates child-placing agencies that also provide an assessment services program.
(b) Services provided by other individuals, agencies, and organizations are not subject to regulation under this subchapter.
Division 2 - Admission
§749.3831. What are the requirements for approving a child's admission into my assessment services program?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 2, Admission
January 2007
(a) The person responsible for the assessment services program must review and approve in writing the determination that your program will be able to provide or obtain all assessment services the child appears to need at intake. [Medium]
(b) The review, determination, and approval must be:
In writing, signed, and dated from the person responsible for the assessment services program [Medium]; and
Completed prior to the admission of the child into your assessment services program. [Medium]
(c) The determination on the appropriateness of the program to meet the child's assessment needs must be filed in the child's record if the child is admitted into your assessment services program. [Medium]
(d) You must document in the child's record whether you are [Medium]:
Only providing assessment services to the child; or
Also providing other services, such as transitional living services.
(e) You must document in the child's record the date of the child's admission into your assessment services program. [Medium]
Division 3 - Plan for the Assessment
§749.3861. When must I complete the child's individual plan for the assessment?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 3, Plan for the Assessment
January 2007
(a) You must complete the child's individual plan for the assessment within 10 days from the date of the child's admission into the program. [Medium]
(b) You must document the plan in the child's record. [Medium]
§749.3863. When does admission into the assessment services program begin?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 3, Plan for the Assessment
January 2007
Admission into the assessment services program begins when [Medium]:
The parent makes the decision to place the child into the assessment services program; and
You decide to accept the child for these services.
§749.3865. What must an individual plan for the assessment include?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 3, Plan for the Assessment
January 2007
(a) An individual plan for the assessment must include:
Time frames for providing all assessment services [Medium-Low];
Recommendations for the child's care during the assessment process [Medium];
Any treatment to be provided during the assessment period [High]; and
Current data from the caregiver's evaluation of the child's behavior and level of functioning. [Medium]
(b) The common application is not and must not serve as the individual plan for the assessment. [Medium]
§749.3869. How must my assessment services program collect information from a child's caregivers?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 3, Plan for the Assessment
January 2007
(a) Your assessment services program must systematically collect information from caregivers throughout the child's participation in the assessment services program. This information includes the caregivers' observations and opinions of the child. [Medium]
(b) You must document this information in the child's record. Your documentation must include your consideration of the caregivers' observations and opinions. [Medium]
§749.3871. When is the plan for the assessment complete?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 3, Plan for the Assessment
January 2007
(a) The plan for the assessment is complete when it contains the necessary information and the signed approval of the person responsible for the assessment services program or a designated employee who meets the qualifications of a person responsible for the assessment program. [Medium]
(b) The parent must review and be provided a copy of the plan for the assessment. [Medium]
Division 4 - Assessment Report
§749.3891. What is an assessment report?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 4, Assessment Report
January 2007
(a) The assessment report that is the result of the assessment services is a narrative report that pulls together data from:
Professional evaluation reports on the child [Medium]; and
The program's assessment on how the child is managing in the program. [Medium]
(b) The report includes:
Recommendations made in other professional evaluations [Medium]; and
Recommendations based on the program's experiences with and assessment of the child. [High]
(c) The common application is not and must not serve as the assessment report. [Medium]
§749.3893. When must I complete the assessment report?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 4, Assessment Report
September 2010
(a) The assessment report must be completed rapidly, consistent with good practice, in order to allow for a permanent placement as soon as possible. [Medium]
(b) You must complete the assessment report:
Within 30 days after you admit the child, if the child is younger than five years old [Medium]; or
Within 45 days after you admit the child, if the child is five years old or older. [Medium]
(c) With the approval of the child's parent, you may extend the time frame for completing the report for an additional 15 days. You must document the need for the extension of time in the child's record. [Low]
(d) You must complete the assessment report before a planned discharge of the child from the assessment services program. However, additional assessment services may be conducted subsequent to placement if a quick placement is in the best interest of the child. [Medium]
(e) You must provide a copy of the assessment report to the child's parent as soon as the report is complete. [Low]
§749.3895. What must be included in the written assessment report?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 4, Assessment Report
January 2007
In addition to the requirements set forth in §749.1133 of this title (relating to What information must an admission assessment include?), a written assessment report must include [Medium-Low]:
Copies and results of the determination of the child's basic health and social and developmental assessment, including [Medium]:
A. The child's basic health status, as determined under the supervision of a licensed physician [High];
B. The child's basic social and developmental needs, as determined under the supervision of the person responsible for the assessment services program or a designated employee who meets the qualifications for a person responsible for the assessment program [Medium];
C. Recommendations for any further assessment services and testing [Medium]; and
D. An assessment of the child's immediate and extended family in terms of an ongoing relationship with the child [Low];
Copies and results of all evaluations and testing [High];
A summary of the primary caregivers' evaluations of the child's behavior and level of functioning [High];
An assessment of the results and summary in terms of appropriate short- and long-term planning for the child [Medium];
Recommendations for placement [High]; and
A recommended behavior management plan based on the assessment results and the primary caregivers' evaluations of the child's behavior and level of functioning. [High]
§749.3897. Who must review and approve an assessment report?
Subchapter T, Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
Division 4, Assessment Report
January 2007
(a) The following people must review the assessment report:
The person responsible for the assessment program or a designated employee who meets the qualifications of a person responsible for the assessment program [High];
The child's primary caregiver [High]; and
The child's parent. [Medium]
(b) The person responsible for the assessment program, or the designated qualified employee, must approve and sign the report. [Medium]
(c) You must file the original, approved and signed assessment report, including any addendums to the report, in the child's record. [Medium]
Subchapter V: Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 1 - Definition and Scope
§749.4001. What does "trafficking victim services" mean when used in this subchapter?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 1, Definition and Scope
December 2014
In this subchapter, trafficking victim services means a specialized type of child-care services designed to treat and support trafficking victims, in addition to basic child care services.
§749.4003. When am I required to meet the additional rules of this subchapter?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 1, Definition and Scope
December 2014
You must meet the additional rules of this subchapter if you provide trafficking victim services to [High]:
30 or more children; or
More than 50% of the children in your care.
§749.4005. In addition to the rules in this subchapter, what other rules in this chapter apply to a child-placing agency?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 1, Definition and Scope
December 2014
A child-placing agency that is required to comply with this subchapter must comply with all other rules in this chapter that apply to all child-placing agencies, as well as the rules that apply to a child-placing agency that provides treatment services to children with an emotional disorder, unless any such rule is replaced by a rule in this subchapter, as noted in §749.4007 of this title (relating to What rules in this subchapter replace other rules in this chapter?).
§749.4007. What rules in this subchapter replace other rules in this chapter?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 1, Definition and Scope
December 2014
A child-placing agency that is required to comply with the rules in this subchapter is not required to comply with other rules in this chapter if the rule has been replaced, as specified in the following chart:
| Topic | A child-placing agency must comply with this rule: | Instead of this rule: |
|---|---|---|
| Treatment Director Qualifications | §749.4101 of this title (relating to What qualifications must a treatment director have?) | §749.725 of this title (relating to What qualifications must a treatment director have?) |
| Pre-service Hourly Training Requirements for Caregivers and Employees | §749.4151 of this title (relating to What are the pre-service hourly training requirements for caregivers and employees?) | §749.863 of this title (relating to What are the pre-service hourly training requirements for caregivers and employees?) |
| Annual Training Requirements for Caregivers and Employees | §749.4155 of this title (relating to What are the annual training requirements for caregivers and employees?) | §749.931 of this title (relating to What are the annual training requirements for caregivers and employees?) |
| Admission of Young Adults | §749.4265 of this title (relating to May I admit a young adult into care?) | §749.1105 of this title (relating to May I admit a young adult into care?) |
Division 2 - Policies and Procedures
§749.4051. What additional child-care policies must I develop?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 2, Policies and Procedures
June 2016
You must develop written policies that address how a foster home will:
Provide a variety of engaging activities to help trafficking victims develop their skills and independence and gain a sense of personal identity, including providing life skills training for children 14 years of age or older [Medium-Low];
Tailor education to the child's needs [Medium-Low];
Provide mentoring services [Medium-Low]; and
Prevent and discourage trafficking victims from running away from the foster home. [Medium]
§749.4053. What safety and security policies must I develop?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 2, Policies and Procedures
December 2022
You must develop written policies that address:
The measures you will implement to ensure the safety and security of trafficking victims, caregivers, and employees, including measures that address both interior and exterior security while promoting a comfortable and nurturing environment on the grounds of the foster home [Medium];
Foster parent protocols and procedures for ensuring a safe environment, including how to handle visitors not allowed at the foster home [Medium]; and
Appropriate safeguards with respect to a trafficking victim's access to forms of communication, including telephones, cell phones, computer, internet, mail, and visitors, which may pose a risk of further victimization of the child. [Medium]
§749.4055. What confidentiality policies must I develop?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 2, Policies and Procedures
December 2014
You must develop written policies that address confidentiality, including policies that:
Restrict the disclosure of information, both written and oral, that would identify a child as a trafficking victim, or describe the nature of the victim's trafficking history, other than as needed to serve the victim or comply with other laws [Medium];
Specify to whom and under what circumstances a caregiver, employee, or volunteer may disclose the location of a foster home [Medium]; and
Specify the circumstances under which a visitor may or may not be allowed at the foster home. [Medium]
Division 3 - Personnel
§749.4101. What qualifications must a treatment director have?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 3, Personnel
December 2014
A treatment director that provides or oversees treatment services for trafficking victims must [Medium]:
Be a psychiatrist or psychologist;
Have a master's degree in a human services field from an accredited college or university and three years of experience providing treatment services for trafficking victims or children with an emotional disorder, including one year in a residential setting; or
Be a licensed master social worker, a licensed clinical social worker, a licensed professional counselor, or a licensed marriage and family therapist, and have three years of experience providing treatment services for trafficking victims or children with an emotional disorder, including one year in a residential setting.
§749.4103. Are there additional training requirements for volunteers who have contact with children receiving trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 3, Personnel
December 2014
Each volunteer whose responsibilities include working with trafficking victims must have one hour of training prior to working with the children. The training must include the following components that explain [Medium]:
The child-placing agency's confidentiality policies [Medium]; and
How the effects of trauma impact working with trafficking victims. [Medium]
Division 4 - Training
§749.4151. What are the pre-service hourly training requirements for caregivers and employees?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 4, Training
December 2014
(a) Caregivers and certain employees must complete the following training hours before the noted time frame:
| Weight | Who is required to receive the training? | What type of pre-service training is required? | How many hours of training are required? | When the training must be completed by? |
|---|---|---|---|---|
| [Medium] | (1) All caregivers | General pre-service training | 8 hours | Before the person can be the only caregiver responsible for a child in care. |
| [Medium-High] | (2) All caregivers | Pre-service training regarding emergency behavior intervention | 16 hours; however, if your child-placing agency prohibits the use of emergency behavior intervention, then only 8 hours of training are needed | At least half of the required hours of training before the person can be the only caregiver responsible for a child in care, and all of the required hours of training within 90 days of being responsible for a child in care. |
| [Medium-High] | (3) All caregivers | Pre-service training regarding complex trauma experienced by trafficking victims | 5 hours | At least two of the required hours of training before the person can be the only caregiver responsible for a child in care, and all of the required hours of training within 90 days of being responsible for a child in care. |
| [Medium] | (4) Child-placing agency administrators, treatment directors, child placement management staff, child placement staff, and full-time professional service providers | Pre-service training regarding emergency behavior intervention | 8 hours | All 8 hours of training within 90 days of beginning job duties. |
| [Medium] | (5) Child-placing agency administrators, treatment directors, child placement management staff, child placement staff, and full-time professional service providers | Pre-service training regarding complex trauma experienced by trafficking victims | 5 hours | All 5 hours of training within 90 days of beginning job duties. |
(b) You must document the completion of each training requirement in the appropriate personnel record. [Medium-Low]
§749.4153. Must I provide pre-service training to a caregiver or an employee who was previously a caregiver or employee for another operation?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 4, Training
January 2017
(a) A child-placing agency does not have to provide additional general pre-service training or pre-service training regarding emergency behavior intervention to any caregiver or employee who is exempt from this training by §749.867 of this title (relating to Must I provide pre-service training to a caregiver or employee who was previously a caregiver or employee for a residential child-care operation?). In addition, a caregiver or employee (child-placing agency administrator, treatment director, child placement management staff, child placement staff, or full-time professional service provider) does not have to complete the five hours of pre-service training regarding complex trauma experienced by trafficking victims if the caregiver or employee:
During the last 12 months:
A. Worked in a general residential operation that provides trafficking victim services to 25 or more children, or to 30% or more of the operation's children in care; or
B. Was a caregiver or employee for a child-placing agency that provides trafficking victim services to 30 or more children, or 50% or more of the CPA's children in care; and
Has documentation that the caregiver or employee has previously received the five hours of pre-service training.
(b) You must document the exemption factors in the appropriate personnel record. [Medium-Low]
§749.4155. What are the annual training requirements for caregivers and employees?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 4, Training
April 2022
Caregivers and certain employees must complete the following training hours:
| Who is required to receive the annual training? | How many hours of annual training and what types of annual training are needed? |
|---|---|
| (1) All Caregivers | (A) For homes with two foster parents, the foster parents must receive a total of 50 hours of annual training. [Medium] Of these 50 hours: (i) Eight hours for each foster parent must be on training specific to the emergency behavior interventions allowed by your agency [Medium-High]; (ii) Two hours for each foster parent must be on training specific to trauma informed care [Medium-High]; (iii) Four hours for each foster parent must be on training specific to trafficking victims, as further described in §749.4157 of this title (relating to What areas or topics must the four hours of annual training regarding trafficking victims include?) [Medium-High]; and (iv) The remaining 22 hours must be distributed appropriately, and each foster parent must receive some amount of the remaining training. [Medium] (B) For all other caregivers, including homes with one foster parent, 30 hours. [Medium] Of these 30 hours: (i) Eight hours must be on training specific to the emergency behavior interventions allowed by your agency [Medium-High]; (ii) Two hours must be on training specific to trauma informed care [Medium-High]; and (iii) Four hours must be on training specific to trafficking victims, as further described in §749.4157 of this division (relating to What areas or topics must the four hours of training regarding trafficking victims include?). [Medium-High] |
| (2) Child placement staff with less than one year of child-placing experience | (A) 30 hours for the initial year. [Medium] Of these 30 hours: (i) Two hours must be on training specific to trauma informed care [Medium-High]; and (ii) Four hours must be on training specific to trafficking victims, as further described in §749.4157 of this division. [Medium-High] (B) 20 hours after the initial year. [Medium] Of these 20 hours: (i) One hour must be on training specific to trauma informed care [Medium]; and (ii) Four hours must be on training specific to trafficking victims, as further described in §749.4157 of this division. [Medium-High] (C) There are no annual training requirements for emergency behavior interventions. However, if there is a substantial change in techniques, types of intervention, or agency policies regarding emergency behavior intervention, then the staff must be re-trained. |
| (3) Child placement staff with at least one year of child-placing experience, and child placement management staff | (A) 20 hours. [Medium] Of these 20 hours: (i) One hour must be on training specific to trauma informed care [Medium-High]; and (ii) Four hours must be on training specific to trafficking victims, as further described in §749.4157 of this division. [Medium-High] (B) There are no annual training requirements for emergency behavior interventions. However, if there is a substantial change in techniques, types of intervention, or agency policies regarding emergency behavior intervention, then the staff must be re-trained. |
| (4) Child-placing agency administrators, executive directors, treatment directors, and full-time professional service providers who hold a relevant professional license | (A) 15 hours. [Medium] (B) Annual training hours used to maintain a person's relevant professional license may be used to complete these hours. (C) There are no annual training requirements for emergency behavior interventions. However, if there is a substantial change in techniques, types of intervention, or agency policies regarding emergency behavior intervention, then the staff must be re-trained. |
| (5) Executive directors, treatment directors, and full-time professional service providers who do not hold a relevant professional license | (A) 20 hours. [Medium] Of these 20 hours: (i) One hour must be on training specific to trauma informed care [Medium-High]; and (ii) Four hours must be on training specific to trafficking victims, as further described in §749.4157 of this division. [Medium-High] (B) There are no annual training requirements for emergency behavior interventions. However, if there is a substantial change in techniques, types of intervention, or agency policies regarding emergency behavior intervention, then the staff must be re-trained. |
| (6) Child-placing agency administrators, treatment directors, child placement staff, child placement management staff, and full-time professional service providers | At least one hour of annual training must focus on prevention, recognition, and reporting of child abuse and neglect, including [Medium]: (A) Factors indicating a child is at risk for abuse or neglect [Medium]; (B) Warning signs indicating a child may be a victim of abuse or neglect [Medium]; (C) Internal procedures for reporting child abuse or neglect [Medium]; and (D) Community organizations that have training programs available to child-placing agency staff members, children, and parents. [Medium] |
§749.4157. What areas or topics must the four hours of training regarding trafficking victims include?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 4, Training
December 2022
The four hours of annual training must include:
One hour of training in preventing compassion fatigue and secondary traumatic stress [Medium]; and
Three hours of training in areas appropriate to the needs of children for whom the caregiver will be providing care, which may include [Medium]:
A. Typology of trafficking victims;
B. Manifestations of trauma and practice in trauma informed care;
C. How trafficking victims are manipulated and controlled;
D. Making informed decisions and setting boundaries for trafficking victims;
E. Understanding and avoiding the triggers of trafficking victims;
F. Creating and maintaining nurturing environments for trafficking victims; and
G. Identifying and responding to internal and external safety and security risks at a foster home, including the grounds of a foster home (e.g., high flight risk, potential self-harm, harm to others, internal recruitment, unapproved visitors, and intruders).
Division 5 - Admission and Service Planning
§749.4251. Are there additional medical requirements when I admit a child for trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
In addition to meeting the requirements under §749.1151 of this title (relating to What are the medical requirements when I admit a child into care?):
You must ensure that a child receiving trafficking victim services is screened within 72 hours of admission to determine whether there is an immediate need for any of the following types of medical services [Medium]:
A. A medical examination by a health-care professional [Medium]; and
B. Medical tests for pregnancy and the following infectious diseases [Medium]:
(i) Hepatitis B [Medium];
(ii) Hepatitis C [Medium];
(iii) HIV [Medium];
(iv) Sexually transmitted diseases (STDs) [Medium]; and
(v) Tuberculosis. [Medium]
Each individual screening is not required if:
A. The child was previously placed in a residential child-care operation regulated by DFPS or a facility operated by the Texas Juvenile Justice Department;
B. There was a previous screening completed within the last 12 months;
C. You have documentation of the outcome of the screening that was completed;
D. The child did not run away from the operation or get discharged from the program since the previous screening; and
E. There is no clear indication that the child has been injured, victimized, or re-victimized since the previous screening.
If the results of the required screening indicate that there is an immediate need for a medical examination or medical tests, you must obtain the medical examination and/or medical tests within five days. [Medium-High]
§749.4253. Must a child I admit for trafficking victim services have an alcohol and substance abuse screening?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
Yes, you must ensure that a child receiving trafficking victim services is screened for alcohol and substance abuse within 72 hours of admission. The screening is not required if [Medium]:
You have documentation of:
A. A child's alcohol and substance abuse screening that was conducted within the previous 12 months during the child's placement at a residential child-care operation regulated by DFPS or a facility operated by the Texas Juvenile Justice Department; or
B. A professional assessment that was conducted within the previous 12 months that determined whether alcohol and substance abuse services were needed for the child; and
There is no clear indication that the child has developed an alcohol or substance abuse dependency since the date of the previous screening or assessment.
§749.4255. What must I do if an alcohol and substance abuse screening determines that a child receiving trafficking victim services may need alcohol or substance abuse treatment?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
If an alcohol and substance abuse screening determines a child receiving trafficking victim services may need alcohol or substance abuse treatment, you must:
Within 14 days, coordinate and schedule the child for an alcohol and substance abuse professional assessment [Medium-High];
Ensure the professional recommendations are carried out [Medium-High]; and
File documentation of the professional assessment, recommendations, and follow-up in the child's record. [Medium-Low]
§749.4257. What behavioral health assessments are required when I admit a child for trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
(a) Within 30 days of admission, you must ensure that a child receiving trafficking victim services is assessed for the following [Medium]:
Post-Traumatic Stress Disorder (PTSD) [Medium];
Depression [Medium]; and
Anxiety. [Medium]
(b) The results of all assessments must be documented in the child's record. [Medium-Low]
(c) Each individual behavioral health assessment is not required if:
The child was previously placed at a residential child-care operation regulated by DFPS or a facility operated by the Texas Juvenile Justice Department;
There was a previous assessment completed within the last 12 months;
You have documentation of the outcome of the child's assessment; and
There is no clear indication that the child has developed one of these disorders since the previous assessment.
§749.4259. What mental health services are required for a child receiving trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
June 2016
(a) A specialized professional service provider must [Medium]:
Provide individual counseling to each child receiving trafficking victim services. The counseling must address any issues noted in the behavioral health assessment and whether intervention and additional treatment is needed for sexual assault [Medium];
Provide family counseling, as appropriate [Medium]; and
Assess the frequency and duration of the counseling. [Medium]
(b) You must document the assessment in the child's record. [Medium-Low]
(c) If a child refuses counseling, you must document this refusal in the child's record. [Medium-Low]
(d) For purposes of this rule, a specialized professional service provider means:
A psychiatrist licensed by the Texas State Board of Medical Examiners;
A psychologist licensed by the Texas State Board of Examiners of Psychologists;
A master's level social worker or higher licensed by the Texas State Board of Social Work Examiners;
A professional counselor licensed by the Texas State Board of Examiners and Professional Counselors;
A marriage and family therapist licensed by the Texas State Board of Examiners of Marriage and Family Therapists; or
A master's level or higher nurse licensed as an Advanced Practice Registered Nurse by the Texas Board of Nursing and board certified in Psychiatric/Mental Health.
§749.4261. Are there additional requirements for a preliminary service plan when I admit a child for trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
In addition to the requirements listed in §749.1301 of this title (relating to What are the requirements for a preliminary service plan?), the preliminary service plan for a child receiving trafficking victim services must include a description of the child's immediate:
Safety needs [Medium]; and
Behavioral health and treatment care needs. [Medium]
§749.4263. What additional items must be included in a child's initial service plan?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
June 2016
(a) In addition to the requirements and items noted in §749.1309 of this title (relating to What must a child's initial service plan include?), the initial service plan for a child receiving trafficking victim services must include:
The plans to obtain alcohol treatment, substance abuse treatment, or both, for children who require it [Medium];
Updated plans for behavioral health treatment, including intervention and treatment services for sexual assault, for children who require it [Medium]; and
A description of any legal services required for the child and how you will assist the child in meeting those needs. [Medium]
(b) You must document all professional consultations, examinations, recommendations, and treatment in the child's record. [Medium-Low]
§749.4265. May I admit a young adult into care?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
December 2014
(a) You may admit a young adult into your transitional living program.
(b) For other programs and services for trafficking victims, you may admit a young adult into your care if the young adult is determined to be a trafficking victim as stated in §749.61(2)(E) of this title (relating to What types of services does Licensing regulate?) and [Low]:
Is placed at your child-placing agency directly after being discharged from another residential child-care operation regulated by DFPS or a facility operated by the Texas Juvenile Justice Department; or
Is placed at your child-placing agency within 12 months after being discharged from another residential child-care operation regulated by DFPS or a facility operated by the Texas Juvenile Justice Department.
(c) A young adult may remain in your care until the young adult's 23rd birthday. [Low]
§749.4267. May an adult in care share a bedroom with a child in care receiving trafficking victim services?
Subchapter V, Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
Division 5, Admission and Service Planning
April 2022
(a) In addition to the requirements listed in §749.3025 of this chapter (relating to May an adult in care share a bedroom with a child in care?), you must re-assess the behaviors, maturity level, and relationships of each resident to determine whether there are risks to either the child in care or adult in care anytime a resident:
Runs away from the foster home and returns to care [Medium-Low]; or
Is discharged from your program and returns to care. [Medium-Low]
(b) The re-assessment must be documented and dated in the child's record. [Medium-Low]
Revised: November 2025