Texas Register, Volume 5, Number 25, Pages 1229-1308, April 1, 1980 Page: 1,256
1229-1308 p. ; 28 cm.View a full description of this periodical.
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agreed and shown this is in the youth's best interest and that
this is the current plan of choice. The court must be informed
of the department's consent.
(d) If parental rights are not terminated, the worker
should encourage the youth to notify and possibly involve his
parents in the decision to marry, in the marriage ceremony,
and the youth's life after marriage.
.107. Foster Care Services after Age 18. In most cases,
foster care services must terminate at age 18 when a child is
legally an adult. However, persons age 18 to 21 may continue
in foster care or continue receiving services if they are being
served by protective services when they become 18 and are
completing school or vocational training. If foster care is to
continue, it is voluntary and the youth must understand the
terms and conditions of continuance.
.108. Medical Services for Children in Foster Care.
(a) The child in foster care must have medical, emo-
tional, and dental health care and treatment on a regular,
preventive, and emergency basis.
(b) The staff must notify the court, and the parents
when parental rights are not terminated, of any serious medi-
cal problems of the child. The staff should try to get the
parents to take part in making decisions about medical care
alternatives.
(c) Requirements for children placed in DHR foster
care are:
(1) All children must have a medical examination
within 30 days before placement or 14 days after placement.
A child who is being transferred from an agency and who has
had a medical examination within the past year is exempt.
(2) Children three years old or older must have an
annual dental examination within one year before place-
ment; or arrangements shall be made within 30 days after
placement for a dental examination.
(d) Ongoing preventive services are:
(1) All children must have a physical examination or
medical screening annually.
(2) All children three years old and older must have
an annual dental examination.
(3) Immunizations and tuberculosis tests for
children must be kept current.
.109. Diagnostic or Treatment Services.
(a) Any medical, diagnostic, or treatment services
recommended by a physician or dentist must be provided for
the foster child. If funds and resources are not available,
workers must document this in the child's record and request
a waiver of the licensing standards. When prior planning is
possible, major medical procedures should be arranged and
authorized by the child's managing conservator.
(b) Diagnosis and treatment for medical or emotional
problems may be obtained as follows:
(1) All Medicaid-eligible children are eligible to
receive treatment for medical and dental problems and are
eligible for vendor drugs within the limitations of the
Medicaid Program.
(2) All Medicaid-eligible children are entitled to
receive psychiatric examinations and/or treatment for emo-
tional problems. Psychological examinations are covered
only when they are ordered by a psychiatrist and they are
part of the psychiatrist's work-up.
(3) For certain physical problems, certain state agen-
cies may provide medical care or payment for care.(4) County hospitals or local county facilities, as
available, may give medical treatment to county residents.
(5) MH/MR facilities, state hospitals, and schools
give diagnosis and treatment for retardation and emotional
problems in local community centers.
(6) Child welfare earned funds can be used for psy-
chiatric and psychological examinations and short-term
treatment.
(7) Social agencies such as Cystic Fibrosis, Cerebral
Palsy. Arthritis Foundation, and Heart Association give care
for specific ailments.
. 110. Emergency Medical Services. An emergency medical
situation is any situation in which a delay in obtaining medi-
ca.je might be hazardous to the child's life, health, or well-
beiug,.. The local unit should make arrangements for
emergency health services to ensure children 24-hour, seven
day per week coverage by hospitals, physicians, and dentists.
In medical emergencies when the caseworker or other DHR
representative who is familiar with the child's medical condi-
tion cannot be contacted, the foster parent or institutional
director, upon the advice of a physician, may consent to medi-
cal care.
. I1I. Consent for Medical Care for Children in Foster Care.
A Medical Consent form must be provided to the foster
parents or institutional director at the time of the child's
placement. Copies of the signed Medical Consent form must
be filed in the child's record.
. 112. Medical Records.
(a) Current medical and dental records must be kept
for each child in foster care. When a child needs treatment, a
plan for providing it must be documented in the child's
record. If workers cannot get the recommended treatment
for the child, an explanation must be included in the record.
The following items must be included in each child's record:
(1) the court order designating DHR as managing
conservator of the child and therefore authorized to give
medical consent, the written placement agreement signed by
legal parents giving DHR authorization to get medical care
for the child, or the affidavit of relinquishment of parental
rights;
(2) the child's medical history;
(3) a record of each medical and dental examination
including testing and recommended treatment;
(4) a record of medications and treatment received
by the child;
(5) the child's immunization and tuberculosis test
will dates.
(b) When a child is placed in a licensed child-caring in-
stitution, the institution is responsible for maintaining cur-
rent medical and dental records for the child in care. Records
of medical and dental services for these children can be in-
cluded and updated in the plan of service and review of plans
of service in the conservatorship record.
. 113. Court-Related Services to Children in Foster Care.
(a) The department must cooperate with the court in
procedures to systematically review the status and progress
of all children in foster care under the jurisdiction of the
court. The following types of reporting are required:
(1) An annual report to the court of jurisdiction by
the managing conservator.
(2) Periodic court hearings at six-month intervals to
review foster care cases.Volume 5, Numbnbr 25, April 1, 1980
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Texas. Secretary of State. Texas Register, Volume 5, Number 25, Pages 1229-1308, April 1, 1980, periodical, April 1, 1980; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth244622/m1/28/: accessed May 14, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.