Notice
TheBairFoundationisrequiredbylawtoextendcertainprotectionstoyourPrivateHealthInformation(PHI)andtogiveyouthis noticeaboutourprivacypracticesthatexplainshow,whenandwhywemayuseordiscloseyourPrivateHealthInformation(PHI). ExceptinspecifiedcircumstanceswemustuseordiscloseonlytheminimumnecessaryPHItoaccomplishtheintendedpurpose oftheuseordisclosure. Wearerequiredtofollowtheprivacypracticesdescribedinthisnoticethoughwereservetherightto changeourprivacypracticesandthetermsofthisnoticeatanytimeandtomakethenewnoticeeffectiveforallPHIwemaintain. Uponrequest,wewillprovideanyrevisednoticetoyou.
WeuseanddisclosePHIforavarietyofreasonsandhavealimitedrighttodosofortreatment,payment,orforourhealthcare operations. Forusesbeyondthatwemusthaveyourwrittenauthorizationunlessthelawpermitsorrequiresustomakethe disclosurewithoutauthorization. Youmayrevokeauthorizationinwritingatanytime. Uponreceiptofthewrittenrevocation, we will stop using or disclosing PHI about you, except to the extent that we have already taken action in reliance on the authorization. IfwediscloseyourPHItoanoutsideentitytoperformafunctiononourbehalf,wemusthaveawrittenagreement withthatentitytoperformafunctiononourbehalf,wemusthaveawrittenagreementwiththatentitythatwillextendthesame degreeofprivacyprotectiontoyourinformationthatwemustapply.
Generally,wemayuseordiscloseyourPHIasfollows:
WemaydiscloseyourPHItodoctors,nurses,andotherhealthcarepersonnelwhoareinvolved inprovidingyourhealthcare. YourPHImayalsobesharedwithoutsideentitiesperformingancillaryservices relatingtoyourtreatment,suchaslabwork,orforconsultationpurposes,ortoagenciesinvolvedintheprovision orcoordinationofyourcare.
WemayuseordiscloseyourPHIinordertobillandcollectpaymentforyourhealthcareservices. Wemaycontactyouremployertoverifyemploymentstatusand/orreleaseportionsofyourPHItotheagencies associatedwithpaymentofyourtreatment,and/oraprivateinsurertogetpaidfortheservicesdeliveredtoyou. WemayreleaseinformationtotheOfficeoftheAttorneyGeneralforcollectionpurposes. WemayuseordiscloseyourPHIinthecourseofprovidingyoutreatment. For example,wemayreleaseyourPHIforthepurposeofevaluatingthequalityofservicesand/ortotheaccounting anattorneyforauditingpurposes. WemayreleaseyourPHItostateagenciestodetermineyoureligibilityfor publiclyfundedservices. AndwemayreleaseyourPHIwithinourownsystemtodesignatedstaffinother programs. Finallyunlessyouprovideuswithanalternativemethod,wemaysendmaterialstoyourhomeviathe postalservice.
Thelawprovidesthatwemayuse/discloseyourPHIfrommentalhealthrecordswithoutyourauthorizationorconsentinthe followingcircumstances:
Whenthelawrequiresthereportofabuseorsuspectedabuse/neglectordomesticviolenceorinresponsetoa courtorder.
Whenwearerequiredtocollectinformationaboutdiseaseorinjuryorreportvitalstatisticstothepublichealth authority.
ForthepurposesofmonitoringtheMedicaidprogram.
Forthepurposesofreportingorinvestigatingmajorunusualincidents. death.
Toavertathreattopublicsafetyorintheeventthatathreathasbeenmadetocommitacrimeonthepremise oragainstprogrampersonnel.
Complaints: AnindividualmaylodgeaformalcomplainttoTheBairFoundationandtotheSecretaryoftheDepartmentofHealth andHumanServicesifyoubelieveyourprivacyrightshavebeenviolated. ComplaintstoTheBairFoundationshouldbesubmitted inwritingtothelocalBairFoundationofficedirector. TheBairFoundationwillnotretaliateagainsttheindividualforfilinga complaint.
Youhavethefollowingrightstoyourprotectedhealthinformation: 1.
Uponrequest,evenifyoupreviouslyagreedtoacceptthe 2.
YouhavetherighttorequestadditionalrestrictionsonouruseordisclosureofPHIaboutyoubysendingawrittenrequesttoThe BairFoundationlocaloffice. Wearenotrequiredtoagreetothoserestrictions.
3.
Forinstance,youmayrequestthatwecontactyouaboutmedicalmattersonlyinwritingoratadifferentresidenceorpostoffice box. TorequestconfidentialcommunicationofPHIaboutyou,youmustsubmitarequestinwritingtoTheBairFoundationlocal office. Yourrequestmuststatehoworwhereyouwouldliketobecontacted. Wewillaccommodateallreasonablerequests.
4.
YouhavetherighttoaccessandcopyPHIaboutyoucontainedinyourrecordforaslongasTheBairFoundationmaintainsthePHI. ToinspectofcopyPHIaboutyou,youmustsendawrittenrequesttoTheBairFoundationlocaloffice. Wemaychargeyouafeefor thecostsofcopying,mailingandsuppliesthatarenecessarytofulfillyourrequest. Wemaydenyyourrequesttoinspectandcopy incertainlimitedcircumstances. IfyouaredeniedaccesstoPHIaboutyou,youmayrequestinwritingthatthedenialbereviewed. SendthiswrittenrequesttothelocalBairFoundationofficedirectorandyourdenialwillbereviewedbyalicensedhealthcare professional.
5.
IfyoufeelthatPHIwemaintainaboutyouisincompleteorincorrect,youmayrequestthatweamendit. Youmayrequestan amendmentforaslongaswemaintainthePHI. Torequestanamendment,youmustsendawrittenrequesttoTheBairFoundation localoffice. Youmustincludeareasonthatsupportsyourrequest. Incertaincases,wemaydenyyourrequestforamendment. If wedenyyourrequestforanamendment,youhavetherighttofileastatementofdisagreementwiththedecisionandwemaygive arebuttaltoyourstatement.
6.
YouhavetherighttoreceiveanaccountingofthedisclosureswehavemadeofPHIaboutyouafterApril14,2003,formostpurposes otherthantreatment,paymentorhealthcareoperations. Theaccountingwillexcludecertaindisclosures,suchasdisclosuresmade directlytoyou,disclosuresyouauthorize,disclosurestofriendsorfamilymembersinvolvedinyourcare,anddisclosuresfor notificationpurposes. Therighttoreceiveanaccountingissubjecttocertainotherexceptions,restrictions,andlimitations. To requestanaccounting,youmustsubmitarequestinwritingtoTheBairFoundationlocaloffice. Yourrequestmustspecifythetime period,butmaynotbelongerthansixyears. Thefirstaccountingyourequestwithina12-monthperiodwillbeprovidedfreeof charge,butyoumaybechargedforthecostofprovidingadditionalaccountings. Wewillnotifyyouofthecostinvolvedandyou maychoosetowithdrawofmodifyyourrequestatthattime.
TheNoticeofPrivacyPracticesiseffectiveApril13,2003.Thenameandaddressofthepersonsyoushouldcontactregarding TheBairFoundationprivacypracticesareasfollows:
LocalOfficeDirector: Address: Phone:
Client/ChildName
Signature(CustodialAgencyRepresentative) Date
Printname(CustodialAgencyRepresentative)
PrivacyOfficer: CarmenNaugle
Address: 441FriendshipRoad,Suite101,Harrisburg,PA 17111
Phone: 717.985.6450
*Ifsignaturewasnotobtainedonplacementdateduetoemergencytreatmentsituation,documentemergencysituation below.
RECREATION POLICY
The Bair Foundation (TBF) works with foster parents to ensure that all children in care are provided with opportunities to participate in community and school recreation activities such as indoor, outdoor, school, community and religious or spiritual activities that are age and/or developmentally appropriate, varied, interactive with peers, and are of interest to the child. It is the goal of TBF to ensure that children in care have normal childhood experiences in a safe manner. Recreational activities for children shall be designed and implemented in alignment with Trust-Based Relational Intervention (TBRI) principles, promoting felt safety, connection, and empowerment through trauma-informed engagement.
Foster parents will be empowered to make decisions regarding childhood activities.
Children in TBF care will be allowed to participate in unsupervised activities, as must as possible, in accordance with Minimum Standard and Service Level requirements. All supervision requirements and/or restrictions will be documented in the child’s Individual Service Plan.
A “Reasonable and Prudent Parent Standard” will be used to decide whether a child may participate in an unsupervised activity, which includes the assessment of:
o Child’s age, abilities, and maturity
o Child’s physical, mental, emotional and social needs
o Whether the activity is a normal childhood activity
o Desires of the child
o Surrounding circumstances, hazards, and risks of the activity
o Other adults or children involved in the activity
o Outside supervision of the activity (if available and appropriate)
o Supervision instructions in the child’s service plan
When a child participated in an unsupervised activity, the foster parent must:
o Know where the child is scheduled to be
o Give the child a specific time to return to the foster home or other location
o Give the child a way to contact the foster parent in an emergency
o Be available to respond if the child contacts the foster parent and needs immediate assistance
RECREATION SCHEDULES:
TBF ensures foster parents provide recreational and leisure-time activities designed to be therapeutic for the children placed in their care, incorporating Trust-Based Relational Intervention (TBRI) principles to support connection, healing, and emotional regulation.
Foster parents are required to maintain the Daily Routine Recreation Log by documenting daily recreational and leisure-time activities available and offered to the child If a child refuses an activity or the foster parent does not approve of a requested activity, the foster parent must document the reason why on page 2 of the log. Activities/Recreation documented on the log will be reviewed during each ISP to ensure appropriateness to meet the child’s therapeutic needs and recommendations, including any 1:1 medical or physical supports.
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TBF-TX
Org. (12/8/06)
https://thebairfoundation.sharepoint.com/sites/bair/Texas Documents/National
Only PoliciesProcedures/Recreation Policy.docx
Foster parents are required to post the daily schedules for the home so that each foster child has access to reference/review the schedule.
RECREATIONAL EQUIPMENT: Equipment
Foster Homes may have swing sets and other recreational equipment with the following restrictions:
Equipment must not have openings, angles, or protrusions that can entangle a child’s clothing or entrap a child’s body or body parts.
Equipment must be securely anchored according to manufacturer’s specifications to prevent collapsing, tipping, sliding, moving or overturning.
Climbing equipment, swings, and slides must not be installed over asphalt or concrete.
Equipment must be appropriate, cleaned, maintained, and repaired.
Trampolines
Foster Homes may not have a large trampoline unless specifically approved by the regional director. A small, exercise trampoline may be used.
SWIMMING POOLS AND BODIES OF WATER:
Foster Homes may have swimming pools with the following restrictions:
Caregivers must inform the children of house rules for use of the pool and appropriate safety precautions. Adult supervision and monitoring of safety features must be adequate to protect children from unsupervised access to the pool. All rules and dangers must be explained to the children prior to engaging in swimming activities, in an age appropriate manner to ensure their understanding.
Swimming pools must be built and maintained according to the standards of the Department of State Health Services and any other applicable state or local regulations.
A fence or wall that is at least four feet high must enclose the pool area. The fence must be well constructed and be installed completely around the pool area. Caregivers must continue to prevent children’s unsupervised access to the pool.
Fence gates leading to the outdoor pool area must be self-closing and self- latching. Gates must be locked when the pool is not in use. Keys to open the gate must not be accessible to children under the age of 16 or children receiving treatment services.
Doors that lead from the home to the pool area must have a lock that only adults or children over 10 years old can reach. The lock must be completely out of the reach of children younger than 10 years of age.
Furniture, equipment, or large materials must not be close enough to the pool area for a child to use them to scale the fence or release a lock.
At least two life-saving devices must be available, such as a reach pole, backboard, buoy, or a safety throw bag with a brightly colored buoyant rope or throw line. One additional life-saving device must be available for each 2,000 square feet of water surface, so a pool of 2,000 square feet would require three life saving devices.
Drain grates must be in place, in good repair, and capable of being removed only with tools.
Caregivers must be able to see all parts of the swimming area when supervising swimming activities.
The bottom of the pool must be visible at all times.
Pool covers must be completely removed prior to pool use.
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TBF-TX
Org. (12/8/06)
https://thebairfoundation.sharepoint.com/sites/bair/Texas Documents/National
Procedures/Recreation Policy.docx
An adult must be present who is able to immediately turn off the pump and filtering system while children are in the pool.
Pool chemicals and pumps must be inaccessible to all children.
Machinery rooms must be locked to keep children out.
An aboveground pool must:
• Be inaccessible to children under the age of 16 years or children receiving treatment services when it is not in use; and
• Meet all other requirements in this rule except for subsections (c) - (e) of this section (749.3133 regarding fences).
A pool cover does not substitute for any of the requirements in this rule.
A backyard fence may serve as the pool fence/wall if it meets all fence/wall and gate criteria in 749.3133. Subsection (a) requires that children may not have unsupervised access to the pool area. Therefore, if the backyard fence serves as the pool fence/wall, then children may not have unsupervised access to the back yard and doors leading to the back yard must comply with 749.3133(e). If the entire backyard is serving as the pool area, children may not be in the backyard without direct caregiver supervision.
Caregivers must use prudent judgment and ensure that children in their care are protected from unsupervised access to the any body of water (i.e. pool, hot tub, fountain, pond, lake, creek, or other body of water).
If children are allowed to swim in bodies of water such as a river, creek, pond or lake, the supervising adult must clearly designate swimming areas.
The following ratios must be adhered to during swimming activities: If the age of the youngest child is… Then you must have one adult to supervise every (number) child/ren in the group
If 4 or more children are engaged in swimming activities, there must be at least 2 adults supervising.
When a non-ambulatory child or a child at risk for seizures engages in swimming activities, there must be one adult to supervise this child (in addition to any lifeguard on duty)
A lifeguard on duty may be counted in the child/caregiver ratio for supervising swimming activities. At least one adult counted in the swimming ratios must be able to swim, carry out water rescue and be prepared to do so in an emergency. Adult volunteers or other adult relatives may also be counted in the swimming ratio provided:
• There are enough caregivers to maintain all capacity and child/adult supervision ratio requirements for foster care.
• No child or adult in care may supervise water activities.
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TBF-TX
Org. (12/8/06)
https://thebairfoundation.sharepoint.com/sites/bair/Texas Documents/National
Only PoliciesProcedures/Recreation Policy.docx
Children must wear a life jacket when participating in boating activities, the child is in more than 2 feet of water and does not know how to swim, or when ordered by a physician due to a medical condition or disability.
Wading/Splash pools (less than 2 feet of water) must be stored out of children’s reach when not in use, drained at least daily, and stored so it does not hold water.
Hot Tubs must be enclosed per the requirements in 749.3133 (above regarding fences) OR covered with a locking cover when not in use.
WEAPONS, FIREARMS, EXPLOSIVE MATERIALS & PROJECTILE SAFETY:
Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows), are permitted, however, there are some specific restrictions. When not in use, foster homes will be required to keep all operational firearms, explosive materials, and projectiles in unbreakable and locked storage. If locked storage has a glass or breakable front or enclosure, the guns must be secured with a trigger lock. All keys and/or combination lock codes for weapons must be inaccessible to children. Specifics of where weapons are stored will be discussed and documented during the home study process, reviewed monthly during supervisory home visits, and kept in the foster home file.
Firearms that are inoperable and solely ornamental are exempt from storage requirements listed above.
Monthly, the foster home’s Social Service Worker (SSW) will ensure all weapons, firearms, projectiles, and explosive materials are still being locked and out of a child’s reach.
A caregiver may transport a child in a vehicle where firearms (not handguns), other weapons, explosive materials, or projectiles are present if, the firearms, weapons, explosive materials, or projectiles are inaccessible to the child, are not loaded, and are possessed legally. Weapons and ammunition must be stored separately and in locked containers.
If a foster parent is not otherwise prohibited by law from carrying a handgun, they may transport a child in a vehicle so long as the handgun is in possession and control of the foster parent.
No child may use a weapon, firearm, explosive material, projectile, or toy that explodes or shoots, unless the child is directly supervised by a licensed foster parent. Children in care are prohibited from engaging in play with fireworks of any kind. Furthermore, the decision to determine appropriateness of specific children using weapons, explosives, or toys that explode or shoot must be made jointly by the :
• Biological parents or guardian with legal custody
• Foster parents
• Bair Foundation Social Service Worker
• Local Bair Supervisor (Director of Social Services)
• Referring Agency Caseworker/Probation Officer
In situations of hunting, it is the policy at The Bair Foundation (TBF) that foster children are not routinely given permission to use weapons or firearms for hunting. However, all five parties listed above must agree that the foster child is mature and responsible enough to be given the privilege of hunting with a weapon. This assessment will be found in the recreational section of the child’s Individual Service Plan. The signature of all parties on the signature page of the ISP will constitute permission for the youth to hunt with a weapon.
The required ratio for adequate supervision must be: One child to one licensed foster parent to one gun/weapon.
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TBF-TX
Org. (12/8/06)
https://thebairfoundation.sharepoint.com/sites/bair/Texas Documents/National Administrative
(Policies-Procedures)/State Only PoliciesProcedures/Recreation Policy.docx
In addition, the foster child must fulfill the following requirements:
• Be at least twelve years of age.
• Must have successfully completed the Texas Parks and Wildlife Hunter Education course with a copy of the certificate on file at TBF. Texas Parks and Wildlife Department may be contacted at 1-800-792-1112 or at http://www.tpwd.state.tx.us/ for course schedules. The link to the Texas Parks and Wildlife Department Texas Hunter Education program is http://tpwd.state.tx.us/learning/hunter_education.
• Must be accompanied at all times by a licensed foster parent who possesses a current hunting license.
• When hunting, all state laws and county regulations must be observed including possession of a valid hunting license. The supervising adult must sign DFPS form 1704 Acknowledgment of Hunting Supervision Responsibility. A copy of this form will be filed in the child’s file.
• Must have current hunting license with a copy of the license on file at TBF.
• Must have assessment/permission to hunt with a weapon included in the recreational section of the ISP, and a signed ISP signature page with all required signature as listed above.
RODEO PARTICIPATION:
A foster child under the age of 18 may not engage in bull riding (whether as part of a rodeo competition or in a practice capacity) without prior written permission from the child’s CPS Caseworker.
When riding a bull, the child must wear a bull riding helmet and a protective vest. A bull riding helmet is one that is designed to provide substantial protection for the child’s head and face during bull riding. A protective vest is protective clothing that covers the child’s chest and torso to prevent or mitigate injury to those areas.
Approved plans for a child to participate in bull riding will be documented in the Recreational Section of the child’s Individualized Service Plan and the signed “Permission to Rodeo” form will be placed in the child’s file.
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TBF-TX
Pol-53 Org. (12/8/06) Rev (9/1/15, 7/23/25, 1/6/26) https://thebairfoundation.sharepoint.com/sites/bair/Texas Documents/National Administrative Manual (Policies-Procedures)/State Only PoliciesProcedures/Recreation Policy.docx
