MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES

(a) Before a foster home may add a new member to the household: (1) The home must notify you of the potential new member of the household; (2) The home must comply with requirements specified in Subchapter F of Chapter 745 of Title 40 (relating to Background Checks) and § 749.141…

A foster home must notify you of any of the following changes as follows: Attached Graphic Notes 26 Tex. Admin. Code § 749.2655 The provisions of this §749.2655 adopted to be effective January 1, 2007, 31 TexReg 7469; amended to be effective January 1, 2017, 41 TexReg 9944; trans…

(a) You must evaluate a foster home for compliance with the relevant Licensing rules affecting the need for the evaluation, whenever: (1) You receive an allegation of deficiency; (2) There is a major life change in the foster family; (3) A change occurs that affects the condition…

(a) Changes that affect a foster home's verification include a: (1) Marriage, divorce, separation, death, birth, or any other change in household composition; (2) Change in the foster home's address and/or location; (3) Change in the foster home's capacity, as determined by the c…

A major life change in the foster family includes: (1) Marriage, divorce, separation, death, birth, or any other change in household composition; (2) A serious health problem or significant change in work schedule that affects the ability of the foster parent to care for children…

You are responsible for the home's ongoing compliance with our rules. You must evaluate the home as follows: (1) When there is an allegation of a deficiency, you must evaluate the rule and any rules related to the deficiency; (2) When a change in the conditions of the verificatio…

The plan for achieving compliance must include: (1) Specific actions or changes needed for the foster home to achieve compliance; (2) Time frames for corrections and consequences for failure to achieve compliance; (3) A determination of whether children can remain in the foster h…

You must: (1) Re-inspect the foster home or receive documentation from the home showing that all deficiencies have been corrected; and (2) Document that the foster home has corrected all deficiencies in the foster home's record. Notes 26 Tex. Admin. Code § 749.2811 The provisions…

You may either: (1) Perform a rule-by-rule evaluation of the home once every two years; or (2) Evaluate different parts of the rules at different times during the two-year period. Notes 26 Tex. Admin. Code § 749.2813 The provisions of this §749.2813 adopted to be effective Januar…

You must evaluate the foster home for compliance with each applicable rule of this chapter prior to extending the foster home's time-limited verification or changing the foster home's verification from time-limited to non-expiring. Notes 26 Tex. Admin. Code § 749.2814 The provisi…

(a) Child placement staff must conduct supervisory visits: (1) In the foster home at least quarterly; (2) With both foster parents, if applicable, at least once every six months; and (3) With all household members at least once every year. (b) At least two supervisory visits per …

(a) You must maintain all monitoring and supervisory requirements if the home is available for placements. (b) If you place the home on inactive status, you do not have to monitor the home or have supervisory visits. Notes 26 Tex. Admin. Code § 749.2817 The provisions of this §74…

(a) You may place a foster home on inactive status if: (1) There are no foster children in the home; (2) You and the foster parents agree that the home will be on inactive status; (3) You document in the home's record that the home is on inactive status and will not accept a chil…

(a) Foster parents may prorate their annual training requirement for the period of time that the home was on inactive status. (b) If the home remains on inactive status for more than a year, the foster parents must complete at least eight hours of pre-service retraining before yo…

Background checks are not required for homes that are on inactive status. If the home is taken off of inactive status and it has been more than two years since the last background check for any person(s) at the home for whom a check is required, the background check(s) must be re…

When the home is ready to become active and accept children, you must: (1) Make a supervisory contact in the home prior to placing a child in the home; (2) Document that the home is complying with all applicable rules of this chapter; and (3) Ensure that the home is in compliance…

All agency homes must comply with all applicable fire, health, and safety laws, ordinances, and regulations. Notes 26 Tex. Admin. Code § 749.2901 The provisions of this §749.2901 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as publ…

(a) Foster homes must have either: (1) A health inspection conducted from the local health authority; or (2) A health and safety evaluation conducted by your child placement staff using our Environmental Health Checklist form for foster homes. (b) You must document each health in…

(a) Foster family homes not serving children receiving treatment services for primary medical needs must have either: (1) A fire inspection conducted by a state or local fire authority; or (2) A fire safety evaluation conducted by your child placement staff using the State Fire M…

(a) Foster family homes serving children receiving treatment services for primary medical needs must have a fire inspection conducted by a state or local fire authority. You must document efforts to obtain a fire inspection. If, after exploring and documenting efforts to obtain a…

(a) Unless otherwise stated in the report, a fire or health inspection report obtained from a local health authority or state or local fire authority is current for two years for a foster family home. (b) A fire safety or health and safety evaluation conducted by your child place…

(a) Each foster home must have written plans and procedures for handling potential disasters and emergencies, such as fire, severe weather emergencies, and transportation emergencies. Each plan must include: (1) Procedures for relocating children to a designated safe area or alte…

(a) A foster home must practice disaster and emergency plans each year by: (1) Discussing the plans and procedures for handling a fire and weather emergency with the children in care; (2) Conducting a fire drill, so children are able to safely exit the foster home within three mi…

(a) Each home must have a working smoke detector in the following areas: (1) In hallways or open areas outside sleeping rooms; and (2) On each level of a home with multiple levels. (b) Depending on the size and layout of the home, additional smoke detectors may be required based …

Smoke detectors must be installed and maintained according to the manufacturer's instructions, or in compliance with the state or local fire authority's instructions. Notes 26 Tex. Admin. Code § 749.2911 The provisions of this §749.2911 adopted to be effective January 1, 2007, 31…

(a) A foster home must have a fire extinguisher: (1) In each kitchen; and (2) On each level of the home. (b) The fire extinguisher(s) must:(1) Be serviced or replaced after each use; and (2) Have a maintenance check once a year by a person qualified to inspect fire extinguishers.…

A foster home must store dangerous tools and equipment, such as hatchets, saws, and axes, so they are inaccessible to children. Children may use these tools and equipment, with caregiver supervision as needed based on the child's age, maturity, and treatment issues. Notes 26 Tex.…

(a) Any animals on the premises of a home must be kept free of disease and must not create health problems or a health risk for children. (b) Animals must be vaccinated and treated as recommended by a licensed veterinarian. (c) The caregivers must have documentation at the home s…

(a) A child may not use or possess tobacco products, e-cigarettes, or any type of vaporizers. (b) Caregivers and other adults may only smoke tobacco products, e-cigarettes, and vaporizers outside. (c) No one may smoke tobacco products, e-cigarettes, or vaporizers in a motor vehic…

(a) Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows), are permitted. However, there are some specific restrictions. (1) If you allow weapons, firearms, explosive materials, or projectiles, you must develop and enforce a policy identifyi…

When determining if these items are stored adequately, you must consider the age, history, emotional maturity, and background of the children in the home. Notes 26 Tex. Admin. Code § 749.2963 The provisions of this §749.2963 adopted to be effective January 1, 2007, 31 TexReg 7469…

(a) When you complete a foster home screening, you must ask whether weapons, firearms, explosive materials, or projectiles are present in the home. If these items are present, you must review your policies and requirements with the prospective foster parents. (b) The foster home …

(a) A caregiver may transport a child in a vehicle where firearms (other than handguns), other weapons, explosive materials, or projectiles are present if: (1) All firearms are not loaded; (2) The firearms, other weapons, explosive materials, or projectiles are inaccessible to th…

(a) A bedroom must have at least 40 square feet of space for each occupant and no more than four occupants per bedroom are permitted, even if the square footage of the room would accommodate more than four occupants. The four occupants restriction does not apply to children recei…

(a) Only a room that provides adequate opportunities for rest and privacy may be used as a bedroom. (b) Bedrooms used by foster children must have at least one source of natural lighting. (c) Foster children or any other household members may not use any of the following as a bed…

(a) An adult in care may share a bedroom with a child in care if: (1) The adult and child are siblings; (2) The adult is the child's parent; (3) Both of them are non-ambulatory and receive treatment services for primary medical needs; or (4) The child is at least 16 years old, th…

(a) A child may share a bedroom with an adult caregiver if: (1) It is in the best interest of the child; (2) The child is under three years old and sleeps in the bedroom of a caregiver; and (3) The service planning team dates and documents the approval in the child's service plan…

(a) A child six years old or older must not share a bedroom with a child of the opposite gender, unless: (1) They are siblings; (2) The older child is the younger child's parent; or (3) Both children are non-ambulatory child and receive treatment services for primary medical need…

(a) Each foster child shall have their own bed and mattress. This does not prevent a child receiving respite care or requiring closer supervision from sleeping on a couch, sleeping bag, etc. for fewer than seven days. (b) Beds must be clean and comfortable. (c) Mattresses must be…

Each child must have accessible storage space for his clothing and personal possessions. Notes 26 Tex. Admin. Code § 749.3033 The provisions of this §749.3033 adopted to be effective January 1, 2007, 31 TexReg 7469; transferred effective March 9, 2018, as published in the Texas R…

(a) A foster home must have one lavatory, one tub or shower, and one toilet for every eight household members. A foster home verified before January 1, 2007, is exempt from this requirement until it is no longer verified by the agency under which it is currently verified, or it m…

(a) Children must have indoor areas for their use. There must be at least 40 square feet for each child. This does not include bedrooms, kitchens, bathrooms, utility rooms, unfinished attics, or hallways. (b) A foster home must identify indoor areas that children can use. (c) You…

(a) Equipment must not have openings, angles, or protrusions that can entangle a child's clothing or entrap a child's body or body parts. (b) Equipment must be securely anchored according to manufacturer's specifications to prevent collapsing, tipping, sliding, moving, or overtur…

The foster home must ensure that: (1) The home is safe for children, kept clean, and in good repair; (2) Equipment and furniture are safe for children, kept clean, and in good repair; (3) Exits in living areas are not blocked by furniture; (4) The outdoor areas are safe for child…

(a) A product is considered unsafe if, after it has been recalled for any reason by the United States Consumer Product Safety Commission (CPSC): (1) The recall has not been rescinded; and (2) The product has not been made safe through being remanufactured or retrofitted. (b) A ca…

(a) Caregivers must feed an infant whenever the infant is hungry. (b) Caregivers must provide a toddler or school age child with three meals and at least one snack a day. (c) No more than 14 hours may pass between the last meal or snack of the day and the availability of the firs…

(a) Caregivers must provide a child with food that is: (1) Of adequate variety, quality, and in sufficient quantity to supply the nutrients needed for proper growth and development according to the United States Department of Agriculture guidelines; and (2) Appropriate for the ch…

(a) The caregiver must offer a child a meal or snack according to this division, but the caregiver may not force the child to eat. The caregiver does not have to offer other food to a child who:(1) Refuses a meal or snack; or (2) Chooses not to be present when a meal or snack is …

A caregiver may not use food that meets a child's nutritional requirements as a reward or punishment or as part of a behavior management program. Food cannot be withheld. Notes 26 Tex. Admin. Code § 749.3067 The provisions of this §749.3067 adopted to be effective January 1, 2007…

(a) A caregiver must offer a child in care the same food choices that other children in the home are offered, unless medically contraindicated for the child. (b) A caregiver must offer a child in care food choices that are at least comparable to what the adults in the home are ea…