(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) Has a service plan that permits the use for purposes of reducing risks of sexually offensive behavior, physical aggression, or other behaviors identified as requiring heightened supervision, such as night terrors, sleepwalks, or resides in a bedroom with such a child. You must document the justification for the video camera in the child's service plan, and the child must have other accessible and reasonable locations where he may change his clothing in private.
(c) Video cameras may not be used to tape the child, and images may not be accessible except to the foster home's caregivers.

Source Note: The provisions of this §749.2595 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas Register February 16, 2018, 43 TexReg 909