MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES

(a) You must protect the rights of children while they are in foster care or in adoptive placement prior to the consummation of the adoption. (b) You must ensure that a caregiver or an adoptive parent, prior to consummation of the adoption, does not restrict or deny a child's rig…

(a) A child's rights are cumulative of any other rights granted by law or other Licensing rules. (b) The following categories include the child's rights that you must adhere to: (1) Safety and care, including: (A) The right to good care and treatment that meets the child's needs …

(a) Within seven days after you admit a child into your agency, you must review the childs rights with the child and a childs parent, unless the parents consent is not required. You must also provide the child and a childs parent with a written copy of the childs rights. (b) Chil…

(a) A child must have an appropriate education through participation in an educational/vocational program in the most appropriate and least restrictive educational settings, for example: attending regular classes conducted in an accredited elementary, middle, or secondary school …

(a) You must allow contact between a child and his parent whose parental rights have not been terminated according to: (1) Your policies; and (2) The provisions of a court order or any visitation agreement. (b) You must document in the child's record: (1) Any plans for contact be…

(a) A child must have a reasonable opportunity for sibling visits and contacts in an effort to preserve sibling relationships. (b) You must address plans for sibling visits and contacts in the childs record. (c) When you restrict sibling contact, you must include justification in…

(a) Except as determined by child placement management staff or the child's parent, you may not: (1) Open or read the child's incoming or outgoing mail, including electronic mail, unless necessary to assist the child with reading or writing; or (2) Listen to or screen the child's…

(a) A child's possessions must be free of unreasonable searches and unreasonable removal of personal items. (b) You may search a child, his possessions, or his room only when you have reasonable suspicion: (1) Of the presence of a prohibited item or an item that endangers the chi…

With the exception of a child's mouth, a caregiver may not conduct a body cavity search of a child in care. Notes 26 Tex. Admin. Code § 749.1017 The provisions of this §749.1017 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as publi…

A caregiver must document the following in the child's record when conducting a search if it results in the removal of personal items or clothing worn by the child: (1) The date of the search; (2) The name of the child; (3) Reason for the search; (4) A description of what was sea…

Certain techniques must not be used on a child, including: (1) Chemical restraints, mechanical restraints, and seclusion. For more information on emergency behavior intervention, see Subchapter L of this chapter (relating to Foster Care Services: Emergency Behavior Intervention);…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) You may only admit children or young adults who meet your admission policy guidelines and whose needs you can meet. If you adopt a change in your admission policies that requires a change in the conditions of your permit, you must request an amendment to your permit with us. …

(a) A young adult may remain in your care until his 23rd birthday in order to: (1) Transition to independence, including attending college or vocational or technical training; (2) Attend high school, a program leading to a high school diploma, or GED classes; (3) Complete your pr…

(a) You may admit a young adult into your transitional living program. (b) For other programs or services, the young adult must: (1) Come immediately from another residential child-care operation if the reason for admittance is consistent with a condition listed in § 749.1103 of …

(a) You must include the following in the child's record at the time of admission: (1) The child's name, gender, race, religion, and date of birth; (2) The name, address, and telephone number of the managing conservator, the primary caregivers for the child, any person with whom …

(a) A placement agreement is your agreement with a child's parent or the child that defines your roles and responsibilities and authorizes you to obtain or provide services for the child. The placement agreement must include: (1) Authorization permitting you to care for the child…

(a) Within seven days of admission, you must provide orientation to each newly admitted child who is five years old or older. You must gear orientation to the intellectual level of the child. (b) Orientation must include information about your policies on the following: (1) Visit…

(a) At admission, you must provide the following policies to the parent placing the child: (1) Fee policies; (2) Emergency behavior intervention policies; (3) Discipline policies; (4) Adoption policies, if applicable; and (5) Any other policies required by us, upon request of the…

(a) By the day you admit the child for care, you must provide the caregivers responsible for the child's care with information about the child's immediate needs, such as enrolling the child in school or obtaining needed medical care or clothing. (b) You must inform appropriate ca…

You must complete a non-emergency admission assessment prior to admission. Notes 26 Tex. Admin. Code § 749.1131 The provisions of this §749.1131 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective January 1, 2017, 41 TexReg 9944; transferred effective…

(a) An admission assessment must provide an initial evaluation of the appropriate placement for a child and ensure that you obtain the information necessary for you to facilitate service planning. (b) Prior to a child's non-emergency admission, an admission assessment must be com…

When you admit a child for treatment services, you must do the following, as applicable: Attached Graphic Notes 26 Tex. Admin. Code § 749.1135 The provisions of this §749.1135 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective December 1, 2014, 39 Te…

(a) You must make reasonable efforts to obtain all required information. (b) If you and the child's parent determine that attempting to get information at the time of placement would not be in the child's best interests, you may postpone attempting to acquire the information. (c)…

(a) You must ensure that the child has a medical examination by a health-care professional within 30 days after the date of admission. This exam is not required if you have documentation that the child has had a medical examination within the past year, including documentation in…

(a) If the child is younger than three years old and a health-care professional recommends a dental examination, then you must ensure that a dentist examines the child. (b) A child three years old or older must have a dental appointment scheduled with a dentist within 30 days aft…

For re-admission, you must complete the admission documentation as if the child was never in your care; or for children that were discharged from your agency within the last 12 months, you may update the previous admission documentation. Notes 26 Tex. Admin. Code § 749.1155 The p…

You may accept emergency admissions in all of your programs with the exception of a transitional living program. Notes 26 Tex. Admin. Code § 749.1181 The provisions of this §749.1181 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as …

It is an emergency admission if: (1) You must place the child within 72 hours; (2) The child was removed from a situation involving alleged abuse or neglect; (3) The child is an alleged perpetrator of abuse and cannot be served in the child's current placement due to the child's …

You may take possession of a child from a law enforcement officer only if you meet the requirements of 40 TAC Chapter 745, Subchapter H, Division 2 (relating to Taking Possession of a Child Directly from a Law Enforcement Officer). Notes 26 Tex. Admin. Code § 749.1185 The provisi…

(a) For an emergency admission, you must complete all of the requirements (see Division 2 of this subchapter (relating to Admission Assessment)) for an admission assessment within 40 days from the date of the child's admission. (b) In an emergency admission of a child receiving t…

At the time of the emergency admission you must document in the child's record: (1) A brief description of the circumstances necessitating the emergency admission; (2) The date of admission; (3) Allergies, such as food, medication, sting, and skin allergies; (4) Chronic health co…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…