Texas Administrative Code

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…

(a) For a caregiver to serve a therapeutic or special diet to a child, you must have written approval in the child's record from a licensed physician or a registered or licensed dietician. This approval must be in the child's record. (b) If a child requires a therapeutic or speci…

(a) Caregivers must feed a child with primary medical needs according to his medical and developmental needs. (b) A licensed physician must prescribe tube feeding. A dietician or physician must plan the diet that the physician prescribes. (c) Children must eat in an upright posit…

(a) Caregivers must encourage self-help and development when feeding children receiving treatment services for primary medical needs or intellectual disabilities, including non-mobile children. (b) A toddler or older child must eat or be fed in the dining area, unless the service…

(a) A registered or licensed dietician, physician, or a registered nurse must ensure and document that the caregiver that prepares formula is adequately trained and has demonstrated competency in preparing the formula. (b) Tube-feeding formulas must supply the recommended dietary…

All food items must be: (1) Covered and stored off the floor; (2) Stored on clean surfaces; (3) Protected from contamination; (4) Stored in a container that is protected from insects and rodents; (5) Refrigerated immediately after use and after meals, if the food requires refrige…

(a) Caregivers must keep furniture, equipment, food contact surfaces, and other areas where food is prepared, eaten, or stored clean and well repaired. (b) Utensils and containers intended for one-time use, such as paper and plastic dishes, must not be used more than once. Notes …

Vehicles used to transport foster children must be: (1) Maintained in safe operating conditions at all times; and (2) Inspected and registered according to federal, state, and local laws. Notes 26 Tex. Admin. Code § 749.3101 The provisions of this §749.3101 adopted to be effectiv…

The driver and all passengers must follow all federal, state, and local laws when driving, including laws on the use of a child passenger safety seat system, seat belts, and liability insurance. Notes 26 Tex. Admin. Code § 749.3103 The provisions of this §749.3103 adopted to be e…

Other children in the foster home may transport a foster child if the: (1) Child driving has a valid drivers license; and (2) Service planning teams for the foster children being transported and the foster child transporting, if applicable, approve of the transportation arrangeme…

(a) With your approval, caregivers may teach or supervise foster children in learning to drive. You must document your approval in the child's record. (b) Only the caregiver responsible for instruction and the child(ren) learning to drive may be present in the vehicle. Notes 26 T…

(a) A sufficient number of caregivers to meet the child's needs must accompany the child. (b) Special provision(s) must be made for transporting non-ambulatory and non-mobile children. When necessary, this must include locks for wheelchairs and hydraulic lifts. Notes 26 Tex. Admi…

Yes. Children must be inside the vehicle when transported. The back of a pick-up truck is not considered inside the vehicle. Children must never be transported in the bed of a pick-up truck, while standing on runners, or while on the hood or trunk of any vehicle. Notes 26 Tex. Ad…

These requirements only apply to homes that are providing foster care services. This includes foster homes also approved as adoptive homes, but does not include adoptive homes only approved for adoption. Notes 26 Tex. Admin. Code § 749.3131 The provisions of this §749.3131 adopte…

(a) The caregivers must inform children about house rules for use of the swimming pool and appropriate safety precautions. Adult supervision and monitoring of safety features must be adequate to protect children younger than 12 years of age and children of any age who are not com…

(a) Caregivers must use prudent judgment and ensure children in your care who are younger than 12 years old, children of any age who are not competent swimmers, and children receiving treatment services are protected from unsupervised access to water such as a swimming pool, hot …

(a) The maximum number of children one adult can supervise during swimming activities is based on the age of the youngest child in the group and is specified in the following chart: Attached Graphic (b) When all of the children in the group are at least four years of age or older…

To meet the swimming child/adult ratio, you may include adult volunteers and adult relatives who do not meet the minimum qualifications for caregivers, providing: (1) You maintain enough caregivers to meet the child/caregiver ratio required in Subchapter M, Division 5 of this cha…

A child must wear a life jacket when: (1) Participating in boating activities; (2) The child is in more than two feet of water and does not know how to swim; or (3) Ordered by a physician for a child with a medical problem or disability. Notes 26 Tex. Admin. Code § 749.3141 The p…

At all times during a swimming activity, at least one adult counted in the swimming child/adult ratio must be able to swim, carry out a water rescue, and be prepared to do so in an emergency. Notes 26 Tex. Admin. Code § 749.3143 The provisions of this §749.3143 adopted to be effe…

Wading/splashing pools (less than two feet of water) must be: (1) Stored out of children's reach, when not in use; (2) Drained at least daily; and (3) Stored, so it does not hold water. Notes 26 Tex. Admin. Code § 749.3145 The provisions of this §749.3145 adopted to be effective …

A hot tub must be: (1) Enclosed per the requirements in § 749.3133 of Title 40 (relating to What are the requirements for a pool at a foster home?); or (2) Covered with a locking cover when not in use. Notes 26 Tex. Admin. Code § 749.3147 The provisions of this §749.3147 adopted …

You must document the following regarding a body of water that is on or adjacent and accessible to the premises of a foster home: (1) Type, location, and size of the body of water; and (2) Barriers between the foster home and the body of water. Notes 26 Tex. Admin. Code § 749.314…

Yes, a foster parent using the "reasonable and prudent parent standard" as defined in § 749.2605 of Title 40 (relating to What is the "reasonable and prudent parent standard"?) may approve a child to participate in unsupervised childhood activities (activities away from the foste…

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…