DADS prepared an information letter information letter for staff of a two-story Adult Foster Care (AFC) homes in relation to the safe evacuation of an individual.
In accordance with Title 40, Texas Administrative Code (TAC), Chapter 48, Subchapter K, Minimum Standards for Adult Foster Care, Section 48.8906(a)(8), all adult foster care homes and providers must demonstrate the ability to evacuate all residents from the home within three minutes.
If DADS staff determines there is a health or safety risk to an individual before or during a demonstration to evacuate, or an evacuation drill in progress, the evacuation will be halted. If a health or safety risk is identified, DADS staff will take steps to immediately protect the individual in accordance with Title 40, TAC, Chapter 49, Contracting for Community Services, Section 49.511:
Immediate Protection and Immediate Protection Plan.
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a) DADS requires a contractor to immediately protect an individual’s health and safety if DADS determines that:
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1) the contractor is not complying with its contract; and
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2) the contractor’s failure to comply with its contract jeopardizes the health and safety of the
individual.
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b) If DADS requires immediate protection in accordance with subsection (a) of this section,
DADS notifies the contractor:
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1) orally or in writing, that the contractor must immediately protect the individual’s health and
safety; and
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2) in writing, that the contractor must submit and implement a written immediate protection
plan.
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c) If DADS notifies the contractor in accordance with subsection (b) of this section, the contractor
must:
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1) immediately protect the individual’s health and safety; and
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2) submit a written immediate protection plan to DADS within three business days after the
date of the notice from DADS.
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