Part 19.
DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES
Chapter 720.
24-HOUR CARE LICENSING
Subchapter H. CONSOLIDATED STANDARDS FOR 24-HOUR CARE FACILITIES
The Health and Human Services Commission adopts, on behalf of the
Department of Family and Protective Services (DFPS), the repeal of §720.550;
new §720.550; and amendments to §720.553 and §720.560. New §720.550
and the amendment to §720.553 are adopted with changes to the proposed
text published in the October 15, 2004, issue of the
Texas Register
(29 TexReg 9635). The repeal of §720.550 and the
amendments to §720.560 are adopted without changes and will not be republished.
All but one of the therapeutic camps licensed by DFPS also operate as residential
placements for the children in care. Because these camps can and do serve
as children's' homes, Licensing staff believe the children need similar health
and safety protections as children in other residential child-care settings.
Therapeutic camps admit and serve children with the same service needs as
children in residential treatment settings. This was not true 20 years ago
when the standards were written and consequently, therapeutic camps are not
required to have the same level of professional staff as residential treatment
centers. This means that the treatment and service-planning a child receives
in a therapeutic camp can be conducted by professionals with fewer qualifications
and experience than the professionals treating and planning services for children
with the same treatment needs in residential treatment centers. As a result,
DFPS is revising the following therapeutic camp standards so that they meet
the residential treatment center standards. Section 720.550 (1) adds requirements
for a person responsible for the overall treatment program to be a full-time
employee and who meets minimum qualifications; (2) amends minimum qualifications
for staff responsible for evaluating potential admissions; (3) adds minimum
qualifications for staff responsible for developing the admission assessment
of a child in care; (4) adds minimum qualifications for staff responsible
for developing a preliminary treatment plan for a child in care; (5) adds
a requirement for a therapeutic camp to have to assess and address the needs
of children in care; and (6) adds requirements for a staffing plan that outlines
how the operation will meet the requisite for sufficient appropriately qualified
professional staff. Section 720.553 is revised to increase the minimum age
for admission into a therapeutic camp from 7 to 13. Section 720.560 is revised
to require therapeutic camps to have a permanent camp that meets permanent
camp standards, limits primitive camping excursions or activities to 14 days,
and requires children to stay in the permanent camp in between primitive camping
excursions or activities.
The sections will enhance the protection of children and improve the quality
of care of children.
During the comment period, DFPS received comments from Pathways Youth and
Family Services, Inc. A summary of the comments and responses follows:
Comment concerning new §720.550: Due to the educational and experience
requirements to obtain a child-care administrators license, the commenter
stated that licensed child-care administrators should continue to be considered
a qualified person to evaluate potential admissions.
Response: Being a licensed child-care administrator does not preclude the
person from evaluating potential admissions if minimum qualifications are
met. DFPS is, however, adopting the section with changes to correct the name
of the social work licensing board in §720.550 (a), (b) and (d) to Texas
State Board of Social Worker Examiners.
Comments concerning §720.553:
(1) The commenter agrees with increasing the minimum age for admission
to 11 years of age, but not 13 as proposed. The commenter stated the 11, 12,
and 13 year age group is one of the best groups of children for treatment
in wilderness camps. Children begin full participation in activities such
as Boy Scouts and 4H at 11 years old.
Response: Due to the structure of a therapeutic camp, younger children
are more vulnerable to the elements and to older residents. DFPS is adopting
this subsection without change.
(2) The commenter disagrees with restricting a child's stay in a therapeutic
camp to 12 months, stating it would be unethical to discharge a child who
is making progress and nearing completion of his treatment goals simply because
he had reached his 12- month limit and may occasionally require a prolonged
stay because of multiple and severe behavioral problems. The commenter recommends
a limit closer to 15 months.
Response: DFPS agrees with this comment and is deleting subsection (c),
which states the time limit. As DFPS works to revise all minimum standards,
we will look for different ways to address this issue.
Comment concerning §720.560: The commenter supports this change.