Texas § FA.264.001 - DEFINITIONS

§ FA.264.001. DEFINITIONS

DEFINITIONS. In this chapter: (1) "Age-appropriate normalcy activity" means an activity or experience: (A) that is generally accepted as suitable for a child's age or level of maturity or that is determined to be developmentally appropriate for a child based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the age or age group; and (B) in which a child who is not in the conservatorship of the state is generally allowed to participate, including extracurricular activities, in-school and out-of-school social activities, cultural and enrichment activities, and employment opportunities. (1-a) "Department" means the Department of Family and Protective Services. (2) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5 ), Sec. 36(1), eff. September 1, 2017. (3) Repealed by Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5 ), Sec. 36(1), eff. September 1, 2017. (3-a) "Least restrictive setting" means a placement for a child that, in comparison to all other available placements, is the most family-like setting. (4) "Residential child-care facility" has the meaning assigned by Section 42.002 , Human Resources Code. (5) "Standard of care of a reasonable and prudent parent" means the standard of care that a parent of reasonable judgment, skill, and caution would exercise in addressing the health, safety, and welfare of a child while encouraging the emotional and developmental growth of the child, taking into consideration: (A) the overall health and safety of the child; (B) the child's age, maturity, and development level; (C) the best interest of the child based on the caregiver's knowledge of the child; (D) the appropriateness of a proposed activity and any potential risk factors; (E) the behavioral history of the child and the child's ability to safely participate in a proposed activity; (F) the importance of encouraging the child's social, emotional, and developmental growth; and (G) the importance of providing the child with the most family-like living experience possible. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2005, 79th Leg., Ch. 268 (S.B. 6 ), Sec. 1.42, eff. September 1, 2005. Acts 2015, 84th Leg., R.S., Ch. 262 (S.B. 1407 ), Sec. 4, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5 ), Sec. 36(1), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1022 (H.B. 1542 ), Sec. 3, eff. September 1, 2017.