(a) Video cameras may be used to supervise infants and toddlers.
(b) Video cameras may not be used to supervise children, other than infants and toddlers unless the:
  (1) Parent, or other person legally authorized to consent, consents to the use of the video camera; and
  (2) Child:
    (A) Is younger than five years old;
    (B) Has primary medical needs; or
    (C) Requires heightened supervision, such as a child who sleepwalks, experiences night terrors, engages in physically aggressive or sexual behavior problems, or resides in a bedroom with such a child. You must document the justification for the video camera in each child’s service plan, and each child must have other accessible and reasonable locations where the child may change clothing in private.
(c) Video cameras may not be used to tape the child, and images may not be accessible except to operation employees and caregivers.

Source Note: The provisions of this §748.3353 adopted to be effective January 1, 2007, 31 TexReg 7377; amended to be effective January 1, 2017, 41 TexReg 10393; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909