40 Tex. Admin. Code § 700.1331 - What are DFPS's responsibilities relating to discipline of a child in DFPS conservatorship?

(a) As the managing conservator of the child, DFPS has the right and duty under the Texas Family Code to maintain reasonable discipline of the child. When determining appropriate methods of discipline for a child in DFPS conservatorship, DFPS must adhere to the following principles:

(1) Children must be treated with dignity and respect at all times;

(2) The primary purpose of discipline must be to encourage safe and appropriate behavior, not to punish the child;

(3) Discipline must suit the particular child's needs and circumstances and must take into account the child's age, developmental level, specific misbehavior, previous reaction to discipline, and history, including any history of physical or emotional abuse; and

(4) No child in DFPS's managing conservatorship may be deprived of basic necessities or subjected to cruel, harsh, unusual, or unnecessary punishment.

(b) DFPS has the right and the duty to ensure that any caregiver with whom a child is placed is informed of any special considerations that should be observed when disciplining the child, provided that DFPS may not require that a caregiver violate any Child Care Licensing minimum standards or other law related to discipline.

Notes

40 Tex. Admin. Code § 700.1331

The provisions of this §700.1331 adopted to be effective August 1, 2012, 37 TexReg 5632