(a) Audio monitoring devices may be used to supervise infants and toddlers.
(b) Audio monitoring devices may not be used to supervise other children, except infants and toddlers, unless the:
  (1) Parent, or other person legally authorized to consent, consents to the use of the audio monitoring device; 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 audio monitoring device in each child's service plan.

Source Note: The provisions of this §748.3355 adopted to be effective January 1, 2007, 31 TexReg 7377; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909