Texas Administrative Code

The purpose of a provisional verification is to permit continued care of foster children in a foster home that is transferring from one child-placing agency to another, whether in the current residence or a new residence. Notes 26 Tex. Admin. Code § 749.2533 Adopted by Texas Regi…

(a) You may only issue a provisional verification if the foster home will continue to care for foster children that the previous agency placed in the home. (b) You may only issue a provisional verification after: (1) You request and receive the background information from the fos…

(a) A provisional verification is valid: (1) For six months from the date it is issued; or (2) Until the foster home is issued a non-expiring verification or closed. (b) You may not renew the provisional verification. Notes 26 Tex. Admin. Code § 749.2537 Adopted by Texas Register…

Children who are in the care of a foster family that is transferring from one child-placing agency to another may continue to live in the foster home while the provisional verification is in effect. However, you may not make new placements of children into a home that is provisio…

"Children with primary medical needs requiring total care" means children receiving treatment services for primary medical needs who are completely or primarily dependent upon the foster parents for their activities of daily living, such as eating/feeding, bathing, grooming, dres…

(a) A one-parent foster family home with one additional full-time, live-in caregiver or a two-parent foster family home may care for up to six children, except as noted in the chart below: Attached Graphic (b) A one-parent foster family home with one additional full-time, live-in…

Capacity of the home is based on the: (1) Number of caregivers, and the age of the children in the home and in placement; (2) Services being provided and the needs of the children in care; (3) Amount of space available for children; and (4) Bathroom accommodations in the home. No…

(a) The number of children in a foster home, including the biological and adopted children of the caregivers who live in the foster home, any children receiving foster or respite child-care, and children for whom the family provides day care, must not exceed the total capacity st…

(a) Your child placement management staff must ensure that supervision of children in care adequately accounts for the following: (1) Specific needs of the children in care in each home; (2) Non-routine events taking place in the lives of individual children, the foster parents, …

(a) The caregiver is responsible for: (1) Knowing which children they are responsible for; (2) Being aware of and accountable for each child's on-going activity; (3) Providing the level of supervision necessary to ensure each child's safety and well being, including auditory and/…

(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…

Caregivers counted in the child/caregiver ratio and responsible for supervising children in a transitional living program must: (1) Reside within close physical proximity of the child's living quarters; (2) Be physically available to the children at all times; (3) Be capable of r…

A child who is 16 years old or older, including a foster child, may serve as a babysitter for children under the age of 13 as long as: (1) The child placement management staff approves the child to babysit and establishes limits with duration and frequency; (2) The child acts as …

Normalcy is the ability of a child in care to live as normal a life as possible, including: (1) Engaging in childhood activities that are suitable for children of the same age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard; a…

(a) Children in care must participate in childhood activities, including unsupervised childhood activities, as much as possible. (b) Service planning meetings, and any decision making regarding the child's need for supervision, must include discussions on how normalcy for the chi…

(a) The reasonable and prudent parent standard is the standard of care that a parent of reasonable judgment, skill, and caution would use to maintain the health, safety, and best interest of the child and encourage the emotional and social growth and development of the child. (b)…

(a) Except as otherwise provided in subsection (c) of this section, a foster parent makes decisions regarding a child's participation in childhood activities. (b) When making decisions regarding a foster child's participation in childhood activities, the foster parent must follow…

(a) Respite child-care services are a planned alternative 24-hour care that has the purpose of providing relief to the child's primary caregiver. (b) For the purposes of this chapter, respite child-care placement is a placement that lasts more than 72 hours. The placement of a ch…

Before placing the child in respite child-care services, you must: (1) Notify the child's parent; and (2) Inform the child of the plan for respite child-care services, including the intended time of stay. Notes 26 Tex. Admin. Code § 749.2623 The provisions of this §749.2623 adopt…

Before a babysitter, overnight care provider or respite care provider may provide care to a child, you must share the following information with the provider to ensure continuity of care: (1) Specific needs of a child, including: (A) All psychological, psychiatric or medical trea…

(a) You must approve each occurrence of respite child-care services in your homes. Respite child-care services must not be provided if it could be detrimental to the child. (b) Your child placement management staff must determine that the respite placement will not cause a confli…

You and the foster home providing respite child-care must meet all requirements of the applicable rules of this chapter for all children in care, including children admitted for respite child-care services. This includes compliance with capacity and child/caregiver ratios and sup…

(a) With the exception of subsection (b) of this section, a child may be in respite child-care services for 14 consecutive days or 40 days each year. (b) A respite child-care placement that is made because a child's foster home is under investigation for abuse or neglect does not…

(a) The home may not provide respite child-care services for more than: (1) 14 consecutive days; or (2) 60 days annually. (b) A respite child-care placement that is made because a child's foster home is under investigation for abuse or neglect does not count toward nor is it limi…

Yes, you may place a child in a home that Licensing does not regulate for babysitting, overnight care, or respite care, if the provider: (1) Is not subject to regulation by Licensing; and (2) Meets the policy requirements your agency developed according to § 749.127 of Title 40 (…

(a) Foster homes may accept adults into the home for care if the adult: (1) Is related to the foster family; (2) Is a client in the Department of Aging and Disability Services, Community Based Services Program; or (3) Meets one of the requirements of § 749.1105 of Title 40 (relat…

(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 …