Texas Law for the Social Worker

Name: Texas Law for the Social Worker | A 2016 Sourcebook (4th Edition)
Brand: Bayou Publishing
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A 2016 Sourcebook (4th Edition)

Vicki Hansen(Autor*in)

Bayou Publishing

Erschienen am 1. Dezember 2016

514 Seiten

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Inhalt

Cover
Copyright
Contents at a Glance
Contents
Introduction to the Fourth Edition
Introduction to Third Edition
Introduction to First and Second Editions
About the Editors
Statutes
Occupations Code - Social Workers
Chapter 505. Social Workers
SubChapter A. General Provisions
§505.001. Short Title
§505.002. Definitions (2011)
§505.0025. Practice of Social Work
§505.003. Applications and Exemptions
§505.004. Nondiscriminatory Actions and Decisions
§505.005. Application of Sunset Act
SubChapter B. Texas State Board of Social Worker Examiners
§505.101. Board
Membership
§505.201. General Rulemaking and Enforcement Authority
§505.202. Rules Restricting Advertising or Competitive Bidding
§505.203. Fees
§505.204. Board Duties Regarding Complaints
§505.205. Roster of License Holders
§505.206. Roster of Independent Social Workers
§505.207. Annual Report Regarding Licensing
§505.208. Annual Report Regarding Funds
§505.209. Rules on Consequences of Criminal Conviction
§505.210. Use of Technology
§505.211. Negotiated Rulemaking and Alternative Dispute Resolution Policy
SubChapter E. Public Access Information and Complaint Procedures
§505.251. Consumer Interest Information
§505.252. Complaints
§505.253. Records of Complaints
§505.254. General Rules Regarding Complaint Investigation and Disposition
§505.2545. Subpoenas
§505.2547. Complaint Committee
§505.255. Public Participation
SubChapter F. Specialty Areas of Social Work
§505.301. Establishment of Specialty Area
§505.302. Regulation of Specialty Areas
§505.303. Clinical Social Work Specialty
§505.304. Order of Recognition of Specialty
§505.305. Recognition of Specialty
Issuance of order
§505.306. Prohibited Use of Specialty Area Identification or Title
§505.307. Independent Practice Recognition
Minimum Qualifications.
SubChapter G. License Requirements
§505.351. License Required
§505.352. License Application
§505.353. Eligibility
§505.354. Examination
§505.3545. Jurisprudence Examination
§505.355. Examination Results
§505.356. Reexamination
§505.357. Temporary License
§505.3575. Issuance of Licenses to Certain Out-of-State Applicants
§505.358. Provisional License
§505.359. Issuance of License to Provisional License Holder
§505.360. Professional Identification [(d) Repealed 2003]
SubChapter H. Renewal of License and Order of Recognition of Specialty
§505.401. Staggered Expiration Dates
§505.402. Renewal of License and order of Recognition of Specialty
§505.403. Renewal of Expired License By Out-of-State Practitioner
§505.404. Continuing Education
§505.405. Grounds for Refusing Renewal
SubChapter I. Denial of License or Order and Disciplinary Procedures
§505.451. Grounds for Denial of License or order of Recognition of Specialty
Disciplinary Action
§505.452. Conditions of Probation
§505.453. Emergency Suspension
§505.454. Sanctions for Holder of Expired License or order of Recognition of Specialty
§505.455. Procedure
Hearing
§505.456. Schedule of Sanctions
§505.457. Informal Procedures
§505.458. Refund
SubChapter J. Penalties and Enforcement Provisions
§505.501. Monitoring of License Holder
§505.502. Prohibited Conduct by Business or Professional Entity
§505.503. Injunction
§505.504. Civil Penalty
§505.505. Appeal Bond Not Required
§505.506. Representation by Attorney General
§505.507. Criminal Penalty
§505.508. Cease and Desist Order
SubChapter K. Administrative Penalty
§505.551. Imposition of Administrative Penalty
§505.552. Amount of Administrative Penalty
§505.553. Report and Notice of Violation and Penalty
§505.554. Penalty To Be Paid or Hearing Requested
§505.555. Hearing
§505.556. Decision by Board
§505.557. Options Following Decision: Pay or Appeal
§505.558. Collection of Penalty
§505.559. Determination by Court
§505.560. Remittance of Penalty and Interest
§505.561. Administrative Procedure
SubChapter L. Reports of Certain Violations
§505.601. Report of Violation.
§505.602. Reporting Immunity
§505.603. Cause of Action for Retaliation
Social Worker Rules & Regs
Rules Relating to the Licensing and Regulation of Social Workers
(Title 22-Examining Boards, Part 34, Chapter 781)
Administrative Code
Rule 89.1053 Procedures for Use of Restraint and Time-Out
(A) Requirement to Implement
(B) Definitions
(C) Use of Restraint
(D) Training on Use of Restraint
(E) Documentation and Notification on Use of Restraint
(F) Clarification Regarding Restraint
(G) Use of Time-Out
(H) Training on Use of Time-Out
(I) Documentation on Use of Time-Out
(J) Student Safety
(K) Data Reporting
(L) Excluded Provisions
§411.653. Standards for Services to Persons with Co-Occurring Psychiatric and Substance Use Disorders (COPSD)
§411.651. Purpose
§411.653. Definitions
§411.654. Services to Individuals with COPSD
§411.658. Specialty Competencies of Staff Providing Services to Individuals with COPSD
§411.660. Screening, Assessment, and Treatment Planning
Civil Practice and Remedies Code
Sexual Exploitation by Mental Health Provider-§81
§81.001. Definitions
§81.002. Sexual Exploitation Cause of Action
§81.003. Liability of Employer
§81.004. Damages
§81.005. Defenses
§81.006. Reporting Therapist-Client Sexual Relationship
§81.007. Limited Immunity from Liability
§81.008. Admission of Evidence
§81.009. Limitations
Declaration for Mental Health Treatment-§137
§137.001. Definition
§137.002. Eligible Persons
Period of validity
§137.003. Execution and Witnesses
§137.004. Health Care Provider
§137.005. Limitation on Liability
§137.006. Discrimination in Relation to Execution of Declaration for Mental Health Treatment
§137.007. Use and Effect of Declaration for Mental Health Treatment
§137.008. Disregard of Declaration for Mental Health Treatment
§137.009. Conflicting or Contrary Provisions
§137.010. Revocation
§137.011. Form of Declaration for Mental Health Treatment
Declaration for Mental Health Treatment
Psychoactive Medications
Convulsive Treatment
Preferences for Emergency Treatment
Additional Preferences or Instructions
Statement of Witnesses
Notice to Person Making a Declaration for Mental Health Treatment
Subpoenas in Civil Cases-§176
§176.1 Form
§176.2 Required Actions
§176.3 Limitations
§176.4 Who May Issue
§176.5 Service
§176.6 Response
§176.7 Protection of Person from Undue Burden and Expense
§176.8 Enforcement of Subpoena
Code of Criminal Procedure
Incompetency to Stand Trial-§46B
Subchapter A. General Provisions
§46B.003. Incompetency
Presumptions
§46B.004. Raising the Issue of Incompetency to Stand Trial
§46B.005. Determining Incompetency to Stand Trial
§46B.007. Admissibility of Statements
Subchapter B. Examination
§46B.021. Appointment of Experts
§46B.022. Experts: Qualifications
§46B.024. Factors Considered in Examination
§46B.025. Expert's Report
§46B.026. Report Deadline
Insanity Defense-§46C
Subchapter C. Court-Ordered Examination & Report
§46C.101. Appointment of Experts
§46C.102. Expert's Qualifications
§46C.103. Competency to Stand Trail: Concurrent Appointment
§46C.104. Order Compelling Defendant to Submit to Examination
§46C.105. Reports Submitted by Experts
§46C.106. Compensation of Experts
§46C.107. Examination by Expert of Defendant's Choice
Education Code
Educators and School District Employees and Volunteers-§21
§21.003. Certification Required
Statewide Plan for Services to Children with Disabilities-§29
§29.001. Statewide Plan
§29.002. Definition
§29.003. Eligibility Criteria
§29.004. Full Individual and Initial Evaluation
§29.0041. Information & Consent for Certain Psychological Examinations or Tests
§29.005. Individualized Education Program
§30.001. Coordination of Services to Children with Disabilities
Alternative Settings for Behavior Management-§37
§37.0021. Use of Confinement, Restraint, Seclusion and Time-Out
Health and Safety-§38
§38.004. Child Abuse Reporting and Programs
§38.0041. Policies Addressing Sexual Abuse and Other Maltreatment of Children
§38.0042. Posting Child Abuse Hotline Telephone Number
§38.010. Outside Counselors
§38.016. Psychotropic Drugs and Psychiatric Evaluations or Examinations
Training Programs for Employees Regarding Sexual Abuse-§51
§51.976. Training and Examination Program for Employees of Campus Programs for Minors on Warning Signs of Sexual Abuse and Child Molestation
§51.9761. Child Abuse Reporting Policy and Training
Family Code
Court Ordered Counseling in Divorce-§6
§6.505. Counseling
§6.705. Testimony by Marriage Counselor
Consent to Treatment of Child by non-Parent or Child-§32
§32.001. Consent by Non-Parent
§32.002. Consent Form
§32.003. Consent to Treatment by Child
§32.004. Consent to Counseling
§32.005. Examination without Consent of Abuse or Neglect of Child
§32.1011. Consent to Immunization by Child
Waiver of Jurisdiction and Discretionary Transfer-§54.02
§54.02. Waiver of Jurisdiction and Discretionary Transfer to Criminal Court
Family Violence-§71
§71.0021. Dating Violence
§71.003. Family
§71.004. Family Violence
Protective Orders-§81
§81.001. Entitlement to Protective Order
§81.002. No Fee for Applicant
§81.003. Fees and Costs Paid by Party Found to Have Committed Family Violence
Reporting Family Violence-§91
§91.001. Definitions
§91.002. Reporting by Witnesses Encouraged
§91.003. Information Provided by Medical Professionals
"Notice To Adult Victims of Family Violence"
Special Appointments and Social Studies-§107
Subchapter D. Social Study
§107.0501. Definitions. In this subchapter:
§107.051. Order for "Social Study"
§107.0511. Social Study Evaluator: Minimum Qualifications
§107.0512. Social Study Evaluator: Conflicts of Interest and Bias
§107.0513. General Provisions Applicable to Conduct of Social Study and Preparation of Report
§107.0514. Elements of "Social Study"
§107.05145. Social Study Evaluator Access to Investigative Records of Department of Family and Protective Services
Offense
§107.0515. Reports of Certain Placements for Adoption
§107.0519. Pre-Adoptive Social Study
§107.052. Post-Placement Adoptive Social Study & Report
§107.053. Prospective Adoptive Parents to Receive Copy
§107.054. Report Filed with Court
§107.055. Introduction of Report at Trial
§107.056. Preparation Fee
Texas Rules of Evidence and Privileges
Rule 510. Confidentiality of Mental Health Information in Civil Cases
Conservatorship, Possession, and Access-§153
§153.001. Public Policy
§153.002. Best Interest of Child
§153.0072. Collaborative Law
§153.073. Rights of Parent at All Times
§153.074. Rights and Duties During Period of Possession
§153.075. Duties of Parent not Appointed Conservator
§153.010. Order for Family Counseling
§153.132. Rights and Duties of Parent Appointed Sole Managing Conservator
§153.133. Parenting Plan for Joint Managing Conservatorship
§153.192. Right and Duties of Parent Appointed Possessory Conservator
§153.605. Appointment of Parenting Coordinator
Adoption-§162
§162.413. Counseling
Child Abuse or Neglect-§261
§261.001. Definitions
§261.101. Persons Required to Report
Time to Report
§261.102. Matters to be Reported
§261.103. Report Made to Appropriate Agency
§261.104. Contents of Report
§261.106. Immunities
§261.107. False Report
Penalty
§261.108. Frivolous Claims Against Person Reporting
§261.109. Failure to Report
Penalty
§261.201. Confidentiality and Disclosure of Information
§261.202. Privileged Communication
§261.203. Information Relating to Child Fatality
§261.301. Investigation of Report
§261.303. Interference with Investigation
Court Order
§261.305. Access to Mental Health Records
§261.316. Exemption From Fees for Medical Records
Medical Care and Educational Services for Children in Foster Care-§266
§266.001. Definitions
§266.004. Consent For Medical Care
Government Code
Texas Home Visiting Program (Social Worker)-§531
§531.981. Definitions
§531.982. Establishment of Texas Home Visiting Program
§531.983. Types of Home Visiting Programs
§531.985. Outcomes
Implementation of Medicaid Managed Care Program-§533
§533.0055. Provider Protection Plan
Provision of Social Services through Faith- and Community-Based Organizations-§535
Subchapter A. General Provisions
§535.001. Definitions
§535.002. Purpose
§535.003. Construction
§535.004. Applicability of Certain Federal Law
Subchapter B. Governmental Liaisons for Faith- and Community-Based Organizations
§535.051. Designation of Faith- and Community-Based Liaisons
§535.052. General Duties of Liaisons
§535.053. Interagency Coordinating Group
§535.054. Reports
§535.055. Texas Nonprofit Council
Confidentiality: Exceptions to Required Reporting-§55221
§552.138. Exception: Confidentiality of Family Violence Shelter Center, Victims of Trafficking Shelter Center, and Sexual Assault Program Information.
Health and Safety Code
Task Force on Domestic Violence-§32.061
§32.061. Definition
§32.062. Establishment
Presiding Officer
§32.063. Duties Of Task Force
§32.064. Report
HIV Testing, Confidentiality, and Consent-§81
§81.103. Confidentiality
Criminal Penalty
§81.104. Injunction
Civil Liability
§81.105. Informed Consent
§81.106. General Consent
§81.107. Consent to Test for Accidental Exposures
§81.109. Counseling Required for Positive Test Results
Home and Community Support Services-§142
Subchapter A. Home and Community Support Services License
§142.001. Definitions
§142.0011. Scope, Purpose, and Implementation
§142.0012. Controlling Person
§142.002. License Required
§142.0025. Temporary License
§142.003. Exemptions from Licensing Requirement
§142.004. License Application
§142.005. Compliance Record in Other States
§142.006. License Issuance
Term
§142.0065. Display of License
§142.0085. Alternate Delivery Site License
§142.009. Surveys
Consumer Complaints
§142.0091. Training
§142.0092. Consumer Complaint Data
§142.0093. Retaliation Prohibited
§142.0105. License Renewal
§142.011. Denial, Suspension, or Revocation of License
§142.014. Civil Penalty
§142.0145. Violation Relating to Advance Directives
§142.015. Advisory Council
§142.017. Administrative Penalty
§142.0171. Notice
Request For Hearing
Treatment Facilities Marketing Practices Act-§164
§164.002. Legislative Purpose
§164.003. Definitions
§164.004. Exemptions
§164.005. Conditioning Employee or Agent Relationships on Patient Revenue
§164.006. Soliciting and Contracting with Certain Referral Sources
§164.007. Qualified Mental Health Referral Service: Definition and Standards
§164.008. Operating an Intervention and Assessment Service
§164.009. Disclosures and Representations
§164.010. Prohibited Acts
Medical Records Privacy-§181
§181.001. Definitions
§181.002. Applicability
§181.004. Applicability of State and Federal Law
§181.057. Information Relating to Offenders with Mental Impairments
§181.058. Educational Records
Subchapter C Access to and Use of Protected Health Information
§181.101. Training Required
§181.102. Consumer Access to Electronic Health Records
§181.103. Consumer Information Website
§181.104. Consumer Complaint Report by Attorney General
Prohibited Acts
§181.151. Reidentified Information
§181.152. Marketing Uses of Information
§181.153. Sale of Protected Health Information Prohibited
Exceptions
§181.154. Notice and Authorization Required for Electronic Disclosure of Protected Health Information
Exceptions
Subchapter E Enforcement
§181.201. Injunctive Relief
Civil Penalty
§181.202. Disciplinary Action
§181.203. Exclusion From State Programs
§181.205. Mitigation
§181.206. Audits of Covered Entities
§181.207. Funding
Death Records and Suicide Data Collection-§193
§193.011. Memorandum on Suicide Data
Reports of Abuse, Neglect, and Exploitation of Residents of Certain Facilities-§260A
§260A.001. Definitions. in this Chapter
§260A.002. Reporting of Abuse, Neglect, and Exploitation
§260A.003. Contents of Report
§260A.004. Anonymous Reports of Abuse, Neglect, or Exploitation
§260A.005. Telephone Hotline
Processing of Reports
§260A.006. Notice
§260A.007. Investigation and Deport of Department
§260A.008. Confidentiality
§260A.009. Immunity
§260A.010. Privileged Communications
§260A.011. Central Registry
§260A.012. Failure to Report
Criminal Penalty
§260A.013. Bad Faith, Malicious, Or Reckless Reporting
Criminal Penalty
§260A.014. Retaliation Against Employees Prohibited
§260A.015. Retaliation Against Volunteers, Residents, or Family Members or Guardians of Residents
§260A.016. Reports Relating to Deaths of Residents of an Institution
§260A.017. Duties of Law Enforcement
Joint Investigation
Nursing Home Residents Requiring MH or MR Services-§242.158
§242.158 Identification of Certain Nursing Home Residents Requiring Mental Health or Mental Retardation Services
Subchapter I. Nursing Facility Administration
§242.301. Definitions
§242.302. Powers and Duties of Department
§242.303. Nursing Facility Administrators Advisory Committee
Reports of Abuse or Neglect of Patients in Chemical Dependency Treatment Facilities-§464
§464.010. Reports of Abuse or Neglect
Voluntary Mental Health Services-§571 and 572
§571.019. Limitation of Liability
§572.001. Request for Admission
§572.002. Admission
§572.0022. Information on Medications
§572.0025. Intake, Assessment, and Admission
§572.003. Rights of Patients
§572.004. Discharge
§572.005. Application for Court-Ordered Treatment
Court-Ordered Emergency Services-§573
§573.001. Apprehension by Peace Officer without Warrant
§573.011. Application for Emergency Detention
§573.021. Preliminary Examination
§573.022. Emergency Admission and Detention
§573.023. Release from Emergency Detention
§573.025. Rights of Persons Apprehended or Detained or Transported for Emergency Detention
Temporary and Extended Mental Health Services-§574
§574.010. Independent Psychiatric Evaluation and Expert Testimony
§574.034. Order for Temporary Mental Health Services
§574.035. Order for Extended Mental Health Services
§574.036. Order of Care or Commitment
§574.037. Court-Ordered Outpatient Services
§574.0415. Information on Medications
§574.042. Commitment to Private Facility
Rights of Patients-§574.105
§574.105. Rights of Patient
§574.106. Hearing on Patient's Capacity and Order Authorizing Psychoactive Medication
§574.109. Effect of Order
Voluntary Admission for Court-Ordered Services-§574.151
§574.151. Applicability
§574.152. Capacity to Consent to Voluntary Admission
§574.153. Rights of Person Admitted to Voluntary Inpatient Treatment
§574.154. Participation in Research Program
Rights of Patients-§576
§576.001. Rights Under Constitution and Law
§576.002. Presumption of Competency
§576.005. Confidentiality of Records
§576.006. Rights Subject to Limitation
§576.007. Notification of Release
§576.008. Notification of Protection / Advocacy System
§576.009. Notification of Rights
§576.021. General Rights Relating to Treatment
§576.022. Adequacy of Treatment
§576.023. Periodic Examination
§576.024. Use of Physical Restraint
§576.025. Administration of Psychoactive Medication
§576.026. Independent Evaluation
§576.027. List of Medications
Legally Adequate Consent-§591
§591.006. Consent
Mental Retardation-§592
§592.001. Purpose
§592.002. Rules
§592.011. Rights Guaranteed
§592.012. Protection from Exploitation and Abuse
§592.013. Least Restrictive Living Environment
§592.014. Education
§592.015. Employment
§592.016. Housing
§592.017. Treatment and Services
§592.018. Determination of Mental Retardation
§592.019. Administrative Hearing
§592.020. Independent Determination of Mental Retardation
§592.021. Additional Rights
§592.031. Rights in General
§592.032. Least Restrictive Alternative
§592.033. Individualized Plan
§592.034. Review and Reevaluation
§592.035. Participation in Planning
§592.036. Withdrawal from Voluntary Services
§592.037. Freedom from Mistreatment
§592.038. Freedom from Unnecessary Medication
§592.039. Grievances
§592.040. Information About Rights
§592.051. General Rights of Residents
§592.052. Medical and Dental Care and Treatment
§592.053. Standards of Care
§592.054. Duties of Superintendent or Director
§592.055. Unusual or Hazardous Treatment
Mental Retardation Records-§595
§595.001. Confidentiality of Records
§595.002. Rules
§595.003. Consent to Disclosure
§595.004. Right to Personal Record
§595.005. Exceptions
§595.006. Use of Record in Criminal Proceedings
§595.007. Confidentiality of Past Services
§595.008. Exchange of Records
§595.009. Receipt of Information by Persons other than Client or Patient
§595.010. Disclosure of Physical or Mental Condition
Mental Health Records-§611
§611.001. Definitions
§611.002. Confidentiality of Information and Prohibition Against Disclosure
§611.003. Persons Who May Claim Privilege of Confidentiality
§611.004. Authorized Disclosure of Confidential Information Other than in Administrative Proceeding
§611.0045. Right to Mental Health Record
§611.005. Legal Remedies for Improper Disclosure or Failure to Disclose
§611.006. Authorized Disclosure of Confidential Information in Judicial Proceeding
§611.007. Revocation of Consent
§611.008. Request by Patient
Human Resources Code
Children's Policy Council and Mental Health Issues-§22.035
§22.035. Children's Policy Council
Regulation of Certain Child-Care Facilities-§42
Elder Abuse-§48
§48.001. Purpose
§48.002. Definitions
§48.051. Report of Abuse, Neglect, or Exploitation: Immunities
§48.052. Failure to Report
Penalty
§48.053. False Report
Penalty
§48.054. Immunity
§48.203. Voluntary Protective Services
Emergency Order for Protective Services-§48.208
§48.208. Emergency Order for Protective Services
Insurance Code
Workers' Compensation Health Care Networks-§1305
Subchapter D. Contracting Provisions
§1305.151. Transfer of Risk
§1305.152. Network Contracts with Providers
§1305.153. Provider Reimbursement
§1305.154. Network-Carrier Contracts
§1305.1545. Restrictions on Payment and Reimbursement
Access to Certain Practitioners and Facilities-§1451
Subchapter A. General Provisions
§1451.001. Definitions
Health Care Practitioners
Subchapter B. Designation of Practitioners under Accident and Health Insurance Policy
§1451.051. Applicability of Subchapter
§1451.052. Applicability of General Provisions
§1451.053. Practitioner Designation
§1451.054. Terms for Health Care Practitioners
Subchapter C. Selection of Practitioners
§1451.101. Definitions
§1451.102. Applicability of Subchapter
§1451.103. Conflicting Provisions Void
§1451.104. Nondiscriminatory Payment or Reimbursement
Exception
§1451.106. Selection of Advanced Practice Nurse
§1451.107. Selection of Audiologist
§1451.108. Selection of Chemical Dependency Counselor
§1451.109. Selection of Chiropractor
§1451.110. Selection of Dentist
§1451.111. Selection of Dietitian
§1451.113. Selection of Licensed Clinical Social Worker
§1451.114. Selection of Licensed Professional Counselor
§1451.116. Selection of Marriage and Family Therapist
Local Government Code
Provisions Relating to Public Safety-§370
§370.006. Assistance In Man-Made or Natural Disaster
Occupations Code - Other
Healing Art Practitioners-§104
§104.002. Healing Art
§104.003. Required Identification
§104.004. Other Persons Using Title "Doctor"
Unprofessional Conduct by Health Care Provider-§105
§105.001. Definition
§105.002. Unprofessional Conduct
Internet and Health Care-§106
General Regulatory Authority Regarding Health Care Practitioners Use of Internet
§106.001. Effect of Internet Activity
Telemedicine And Telehealth-§111
§111.001. Definitions
§111.002. Informed Consent
§111.003. Confidentiality
§111.004. Rules
Mental Health Licenses and Use of Genetic Information-§58
Subchapter A. General Provisions
§58.001. Definitions
Subchapter B. Use and Retention of Genetic Information
§58.051. Certain Uses of Genetic Information Prohibited
§58.052. Destruction of Sample Material
Exceptions
Subchapter C. Disclosure of Genetic Information
Confidentiality
Exceptions
§58.101. Disclosure of Test Results to Individual Tested
§58.102. Confidentiality of Genetic Information
§58.103. Exceptions to Confidentiality
§58.104. Authorized Disclosure
§58.105. Civil Penalty
Penal Code
Insanity-§8
§8.01. Insanity
Use of force on child, student, or incompetent-§9
§9.61. Parent - Child
§9.62. Educator - Student
§9.63. Guardian - Incompetent
Deviate sexual activity-§21
§21.01. Definitions
§21.02. Continuous Sexual Abuse of Young Child or Children
§21.06. Homosexual Conduct
§21.07. Public Lewdness
§21.08. Indecent Exposure
§21.11. Indecency with a Child
§21.12. Improper Relationship Between Educator and Student
Interference with child custody-§25
§25.03. Interference with Child Custody
Probate Code
Guardianship Law -§659
Part G. Letters of Guardianship
§659. Issuance of Letters of Guardianship
§683. Court's Initiation of Guardianship Proceedings
§683A. Information Letter
§684. Findings Required
§687. Examinations and Reports
§690. Persons Appointed Guardian
Part E. General Duties and Powers of Guardians
§767. Powers and Duties of Guardians of the Person
§768. General Powers and Duties of Guardian of Estate
§769. Summary of Powers of Guardian
DSHS Rider 19
Reporting Child Abuse by DSHS Contractors/Providers
FAQs: Frequently Asked Questions and Answers Concerning DSHS Rider 19
I. Procedures
II. Reporting Generally
III. Reporting Suspected Sexual Abuse
IV. Training
V. Monitoring by DSHS
Plan for Implementing DSHS Rider 19
Reporting Child Abuse by DSHS Services Contractors
Background
Implementation Plan-Grant Contracted Services
Medicaid Services
Additional Requirements
Sanctions
Policies & Procedures
DSHS Child Abuse Screening, Documenting, and Reporting Policy for Contractors/Providers
Policy
Procedures
Reporting Generally
Reporting Suspected Sexual Abuse
Training
Monitoring by DSHS
Sanctions
Quality Management Branch Policy and Procedures for Compliance with Child Abuse Screening, Documenting and Reporting for Contractors/Providers
Policy
Procedures
Child Abuse Reporting Form
Case Law
Confidentiality of Psychotherapy Notes
Background
Opinion
Dissent
Duty to Warn/Protect
Background
Negligent Diagnosis and Treatment
Failure to Warn
Derived Judicial Immunity & Duty to Report
Background
I. Factual and Procedural Background
II. Issues Presented for Review
III. Standard of Review
IV. Analysis
A. Did the Trial Court Err in Granting Summary Judgment Based on Derived Judicial Immunity?
1. Rao, Baylor, and Cox were entitled to derived judicial immunity.
2. Possible violation of statutes imposing criminal liability does not negate derived judicial immunity in a suit by a private citizen.
3. Possible violation of a mandatory duty does not negate derived judicial immunity.
B. Does the Statutory Immunity under Section 261.106 of the Texas Family Code Override the Common-Law Derived Judicial Immunity?
V. Conclusion
Confidentiality of a Child's Mental Health Records
Background
Decision
Rights of Divorced Parents for Access to Records
Denying Parental Access to Records
Request for Records and "Acting on Behalf of the Child"
Recourse When a Child's Records Improperly Withheld
Conclusion and Dissenting Opinions
Hipaa
Texas Law and the Federal Health Insurance Portability and Accountability Act
Opinions from the Attorney General
Attorney General Opinion Letters and Open Record Opinions
Services Outside of Agency-Conflict of Interest?
Court-Ordered Social Studies on Personal Time
Political Activities of State Social Workers
Discretion for Reporting Sexual Abuse
Disclosure under Subpoena
Parent's Access to School Counseling Records
Sex Offender Treatment License Necessary?
Grandparent Access to Children and Records
Reporting Abuse during Childhood of Now-Adult
Reporting of Alleged Child Abuse
Using Advocates in School for Counseling
Appendix A: Code of Ethics
Code of Ethics of the National Association of Social Workers
Preamble
Purpose of the NASW Code of Ethics
Ethical Principles
Ethical Standards
1. Social Workers' Ethical Responsibilities to Clients
1.01 Commitment to Clients
1.02 Self-Determination
1.03 Informed Consent
1.04 Competence
1.05 Cultural Competence and Social Diversity
1.06 Conflicts of Interest
1.07 Privacy and Confidentiality
1.08 Access to Records
1.09 Sexual Relationships
1.10 Physical Contact
1.11 Sexual Harassment
1.12 Derogatory Language
1.13 Payment for Services
1.14 Clients Who Lack Decision-Making Capacity
1.15 Interruption of Services
1.16 Termination of Services
2. Social Workers' Ethical Responsibilities to Colleagues
2.01 Respect
2.02 Confidentiality
2.03 Interdisciplinary Collaboration
2.04 Disputes Involving Colleagues
2.05 Consultation
2.06 Referral for Services
2.07 Sexual Relationships
2.08 Sexual Harassment
2.09 Impairment of Colleagues
2.10 Incompetence of Colleagues
2.11 Unethical Conduct of Colleagues
3. Social Workers' Ethical Responsibilities in Practice Settings
3.01 Supervision and Consultation
3.02 Education and Training
3.03 Performance Evaluation
3.04 Client Records
3.05 Billing
3.06 Client Transfer
3.07 Administration
3.08 Continuing Education and Staff Development
3.09 Commitments to Employers
3.10 Labor-Management Disputes
4. Social Workers' Ethical Responsibilities as Professionals
4.01 Competence
4.02 Discrimination
4.03 Private Conduct
4.04 Dishonesty, Fraud, and Deception
4.05 Impairment
4.06 Misrepresentation
4.07 Solicitations
4.08 Acknowledging Credit
5. Social Workers' Ethical Responsibilities to the Social Work Profession
5.01 Integrity of the Profession
5.02 Evaluation and Research
6. Social Workers' Ethical Responsibilities to the Broader Society
6.01 Social Welfare
6.02 Public Participation
6.03 Public Emergencies
6.04 Social and Political Action
Appendix B: Rules & Regs Texas State Board of Social Worker Examiners
Subchapter A. General Provisions
§781.101. Purpose and Scope
§781.102. Definitions
Subchapter B. Code of Conduct and Professional Standards of Practice
§781.201. Code of Conduct
§781.202. The Practice of Social Work
§781.203. General Standards of Practice
§781.204. Relationships with Clients
§781.205. Sexual Misconduct
§781.206. Professional Representation
§781.207. Testing
§781.208. Drug and Alcohol Use
§781.209. Client Records and Record Keeping
§781.210. Billing and Financial Relationships
§781.211. Client Confidentiality
§781.212. Licensees and the Board
§781.213. Corporations and Business Names
§781.214. Consumer Information
§781.215. Display of License Certificate
§781.216. Advertising and Announcements
§781.217. Research and Publications
§781.218. Providing Social Studies
§781.219. Licensed Sex Offender Treatment
§781.220. Parent Coordination
§781.221. Parenting Facilitation
Subchapter C. The Board
§781.301. Board Rules
§781.302. Board Meetings
§781.303. Board Training
§781.304. Transaction of Official Board Business
§781.305. Board Agendas
§781.306. Board Minutes
§781.307. Elections
§781.308. Officers of the Board
§781.309. Committees of the Board
§781.310. Executive Director
§781.311. Official Records of the Board
§781.312. Impartiality and Non-discrimination
§781.313. Applicants with Disabilities
§781.314. The License
§781.315. Roster of Licensees
§781.316. Fees
§781.317. Criminal History Evaluation Letter
Subchapter D. Licenses and Licensing Process
§781.401. Qualifications for Licensure
§781.402. Clinical Supervision for LCSW and Non-Clinical Supervision for LMSW-AP and Independent Practice Recognition
§781.403. Independent Practice Recognition (Non-Clinical)
§781.404. Recognition as a Board-approved Supervisor and the Supervision Process
§781.405. Application for Licensure
§781.406. Required Documentation of Qualifications for Licensure
§781.407. Fitness of Applicants for Licensure
§781.408. Materials Considered in Determination of Fitness of Applicants
§781.409. Finding of Non-fitness
§781.410. Provisional Licenses
§781.411. Temporary License
§781.412. Examination Requirement
§781.413. Alternate Method of Examining Competency (AMEC) Program
§781.414. Issuance of License Certificates
§781.415. Application Denial
§781.416. Required Reports to the Board
§781.417. Surrender of License
§781.418. Issuance of Licenses to Certain Out-of-State Applicants
§781.419. Military Spouse
Subchapter E. License Renewal and Continuing Education
§781.501. General
§781.502. Renewal Cycles
§781.503. License Renewal
§781.504. Late Renewal
§781.505. Inactive Status
§781.506. Emeritus Status
§781.507. Active Military Duty
§781.508. Hour Requirements for Continuing Education
§781.509. Types of Acceptable Continuing Education
§781.510. Activities Unacceptable as Continuing Education
§781.511. Requirements for Continuing Education Providers
§781.512. Evaluation of Continuing Education Providers
§781.513. Acceptance of Continuing Education Approved by Another Licensing Board
§781.514. Credit Hours Granted
§781.515. Continuing Education Documentation
§781.516. Requirements of Supervisor Training Course Providers
§781.517. Evaluation of Supervisor Training Course Providers
Subchapter F. Complaints and Violations
§781.601. Purpose
§781.602. Disciplinary Action and Notices
§781.603. Complaint Procedures
§781.604. Ethics Committee Meetings and Policy
§781.605. Informal Conferences
§781.606. Licensing of Persons with Criminal Backgrounds
§781.607. Suspension, Revocation, or Non-renewal
§781.608. Informal Disposition
§781.609. Monitoring of Licensees
§781.610. Due Process Following Violation of an Order
Subchapter G. Formal Hearings
§781.701. Purpose
§781.702. Notice
§781.703. Default
§781.704. Action after Hearing
Subchapter H. Sanction Guidelines
§781.801. Purpose
§781.802. Relevant Factors
§781.803. Severity Level and Sanction Guide
§781.804. Other Disciplinary Actions
§781.805. State Office of Administrative Hearings
§781.806. Probation
§781.807. Release from Probation
§781.808. Peer Assistance Program
Appendix C: NASW/TX Resources
General Counsel Law Note Series
Legal Issue of the Month
Index
National Association of Social Workers-Texas Chapter

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