reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.115 - What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?

Current through Reg. 49, No. 28; July 12, 2024
At a minimum, you must develop emergency behavior
						intervention policies to implement the requirements in Subchapter L of this
						chapter (relating to Foster Care Services: Emergency Behavior Intervention).
						The policies must include the following:
(1) A complete description of emergency
					 behavior interventions that you permit caregivers to use;
(2) The specific techniques that caregivers
					 can use;
(3) The qualifications for
					 caregivers who assume the responsibility for emergency behavior intervention
					 implementation, including required experience and training, and an evaluation
					 component for determining when a specific caregiver meets the requirements of a
					 caregiver qualified in emergency behavior intervention. You must have an
					 on-going program to evaluate caregivers qualified in emergency behavior
					 intervention and the use of emergency behavior interventions;
(4) Your requirements for and restrictions on
					 the use of permitted emergency behavior interventions;
(5) For the orientation required in §
					 749.1111(b)(6) of Title 40 (relating to What orientation must I provide a
					 child?), how you will:
(A) Explain and
					 document to a child in a manner that the child can understand:
(i) Who can use an emergency behavior
					 intervention;
(ii) The actions a
					 caregiver must first attempt to defuse the situation and avoid the use of
					 emergency behavior intervention;
(iii) The situations in which emergency
					 behavior intervention may be used;
(iv) The types of emergency behavior
					 intervention you permit;
(v) When
					 the use of an emergency behavior intervention must cease;
(vi) What action the child must exhibit to be
					 released from the emergency behavior intervention;
(vii) The way to report an inappropriate
					 emergency behavior intervention;
(viii) The way to provide voluntary comments
					 during or after an emergency behavior intervention; and
(ix) The process for making written comments
					 after an emergency behavior intervention, such as comments regarding the
					 incident that led to the emergency behavior intervention, the manner in which a
					 caregiver intervened, and the manner in which the child was the subject or to
					 which they were a witness. You may create a standardized form that is easily
					 accessible or give children the permission to submit comments on regular paper;
					 and
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.117 - What are the requirements for my discipline policies for children in care?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must develop discipline policies for
					 children in foster care or in an adoptive placement prior to consummation that
					 must:
(1) Guide caregivers and employees in
					 the methods used for the discipline of children;
(2) Integrate trauma informed care into the
					 care, treatment, and management of each child;
(3) Include measures for positive responses
					 to appropriate behavior;
(4)
					 Include the importance of nurturing behavior, stimulation, and promptly meeting
					 the child's needs; and
(5) Include
					 a statement that discipline of any type is not allowable for infants.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.119 - What foster care policies must I develop?

Current through Reg. 49, No. 28; July 12, 2024
You must develop foster care policies that include the
						following:
(1) Criteria and procedures
					 for screening and accepting foster parent applicants or agency home caregivers
					 who can meet the needs of the children your agency serves;
(2) Criteria for making decisions about the
					 number, ages, gender, and needs of children who may be placed in a foster
					 home;
(3) Pre-service and annual
					 training requirements for foster parents or agency home caregivers that at a
					 minimum meet the requirements of Subchapter F of the Chapter (relating to
					 Training and Professional Development); and
(4) Policies on how you will provide services
					 if the home provides more than one type of care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.121 - What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?

Current through Reg. 49, No. 28; July 12, 2024
You must develop policies clearly stating the rights and
						responsibilities of the child-placing agency and foster parents. The policies
						must specify:
(1) What decisions you
					 will make, what decisions the foster parents will make, and which ones you and
					 the foster parents must agree upon. This policy must support normalcy
					 consistent with Subchapter M, Division 7 of this chapter (relating to
					 Normalcy);
(2) For training
					 requirements for foster parents:
(A) What
					 part you will provide;
(B) What
					 part the foster parents must acquire on their own; and
(C) A statement about who will be responsible
					 for training fees, travel expenses, and associated child-care costs;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.123 - What policies must I develop regarding foster parents who provide treatment services to a child with primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
Your support and services policies for foster parents
						that are required in § 749.121(7) of Title 40 (relating to What policies
						must I develop concerning the rights and responsibilities of the child-placing
						agency and foster parents?) must include the provision of overnight care and
						respite care for foster parents who provide treatment services to a child with
						primary medical needs. The policies must include:
(1) Making arrangements to provide at least
					 72 hours of overnight care to the foster parents each year; and
(2) Providing respite child care services as
					 necessary.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.125 - What policies must I develop for foster parents who offer a transitional living program?

Current through Reg. 49, No. 28; July 12, 2024
For foster parents who offer a transitional living
						program, you must develop policies that address the following:
(1) Criteria used to select participants for
					 the program;
(2) Supervision of
					 participants consistent with § 749.2597 of Title 40 (relating to Where
					 must the caregivers reside in order to supervise children who are in a
					 transitional living program?);
(3)
					 Expected behaviors of participants and consequences for failure to
					 comply;
(4) Training, education,
					 and experiences to be achieved in the program; and
(5) Roles of participants, agency employees,
					 contract staff, and caregivers.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.127 - What policies must I develop for babysitters, overnight care providers, and respite care providers?

Current through Reg. 49, No. 28; July 12, 2024
For both in-home and out-of-home care, you must develop
						policies specifically for babysitters, overnight care providers, and respite
						care providers that include:
(1)
					 Minimum age for each type of provider;
(2) Minimum amount and type of prior
					 child-care experience that each type of provider must have;
(3) Amount and type of training each type of
					 provider must have;
(4) Reference
					 and background information that foster parents or you must obtain before using
					 each type of provider;
(5) Number
					 of children that each type of provider can care for;
(6) Information that the foster parents must
					 share with a provider, including information about the children in care and
					 emergency contact information for the foster parent and the agency;
(7) Specific care instructions that the
					 foster parents must share with a provider for children with treatment
					 needs;
(8) A method for contact
					 between the foster parent (and/or the child-placing agency) and provider during
					 the time of the provider's care;
(9) Procedures for agency review and approval
					 of arrangements; and
(10)
					 Requirements for documentation of arrangements, including agency child
					 placement staff review and approval, in the foster home record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.129 - What policies must I develop for a legal risk placement program for foster-adoptive families?

Current through Reg. 49, No. 28; July 12, 2024
If you operate a legal risk placement program, you must
						develop policies that specify:
(1) The
					 requirements for foster-adoptive families to participate in this program;
					 and
(2) Criteria used in selecting
					 children for appropriate legal-risk placements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.131 - What policies must I develop if I offer adoption services?

Current through Reg. 49, No. 28; July 12, 2024
You must develop policies for adoption services that
						include:
(1) Procedures and criteria
					 for qualifying, screening, and selecting adoptive parents, including the:
(A) Criteria you will use to evaluate
					 potential adoptive parents;
(B)
					 Criteria you will use to make decisions about placing specific children with an
					 adoptive family; and
(C) Procedures
					 you will use to implement the selection criteria;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.133 - What policies must I develop if I use volunteers?

Current through Reg. 49, No. 28; July 12, 2024
If you use volunteers, you must develop policies
						that:
(1) Include job descriptions
					 and/or responsibilities for the volunteers;
(2) Address qualifications, screening, and
					 selection procedures for the volunteers;
(3) Address orientation and training programs
					 for the volunteers;
(4) Address
					 supervision of volunteers; and
(5)
					 Address volunteer contact with children in care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.135 - What abuse and neglect policies must I develop?

Current through Reg. 49, No. 28; July 12, 2024
You must develop policies on preventing, recognizing, and
						responding to abuse and neglect of children, including:
(1) Required annual training for
					 employees;
(2) Methods for
					 increasing employee awareness of issues regarding child abuse and neglect,
					 including warning signs that a child may be a victim of abuse or
					 neglect;
(3) Methods for increasing
					 employee awareness of prevention techniques for child abuse and
					 neglect;
(4) Strategies for
					 coordination between the agency and appropriate community organizations;
					 and
(5) Actions that the parent of
					 a child who is a victim of abuse or neglect should take to obtain assistance
					 and intervention.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.136 - What suicide prevention, intervention, and postvention policy must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) A
					 child-placing agency that is licensed or certified to provide only foster care
					 services or to provide both foster care services and adoption services must
					 adopt either:
(1) The model suicide
					 prevention, intervention, and postvention policy in §749.137 of this
					 division (relating to What is the model suicide prevention, intervention, and
					 postvention policy?); or
(2)
					 Another suicide prevention, intervention, and postvention policy that is
					 approved by the Executive Commissioner of the Texas Health and Human Services
					 Commission or designee and:
(A) Addresses
					 suicide prevention, intervention, and prevention for children in the care of
					 your agency;
(B) Is based on
					 current and best evidence-based practices;
(C) Requires employees to receive annual
					 suicide prevention training that includes understanding of safety planning and
					 screening for risk;
(D) Requires
					 foster parents in homes verified to care for children five years of age or
					 older to complete at least one hour of suicide prevention training:
(i) Within a year of being verified;
					 and
(ii) every two years
					 thereafter;
(E) Promotes
					 suicide prevention training for non-employees, as appropriate; and
(F) Includes plans and procedures to support
					 children who return to your agency's care following hospitalization for a
					 mental health condition.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.137 - What is the model suicide prevention, intervention, and postvention policy?

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
					 purpose of the model suicide prevention, intervention, and postvention policy
					 is to:
(1) Protect the health and well-being
					 of children in an agency's care by implementing procedures to prevent suicide,
					 including screening and assessment procedures for risk of suicide;
(2) Require intervention when a child
					 attempts or dies by suicide; and
(3) Address the needs of children in an
					 agency's care, employees, caregivers, and adoptive parents after a child
					 attempts or dies by suicide.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.138 - What are the general requirements for an agency's policies and procedures?

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 requirements for policies only apply to your policies that are required or
					 governed by this chapter.
(b) All
					 employees and caregivers must be aware of and follow your policies and
					 procedures.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.139 - What requirements must I follow when adopting my child-placing agency's plans, policies, and procedures?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Your agency's plans, policies, and procedures must indicate the date on which
					 you adopted them and their effective date.
(b) You must formalize the adoption of your
					 agency's plans, policies, and procedures as appropriate for your type of
					 ownership:
(1) If you are a sole proprietor,
					 you must sign them;
(2) If you are
					 a partnership, each partner must sign them; or
(3) If you are a corporation or other type of
					 business entity, the governing body must take a written action to adopt
					 (sometimes this may be an order or the adoption may be included in the minutes
					 of the governing body).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 1 - PLANS AND POLICIES REQUIRED DURING THE APPLICATION PROCESS › Section 749.141 - Can Licensing cite my agency for a deficiency if I fail to operate according to my approved plans, policies, and procedures?

Current through Reg. 49, No. 28; July 12, 2024
Yes, if you violate plans, policies, or procedures, then
						we may cite the relevant standard in Division 1 of this Subchapter (relating to
						Plans and Policies Required During the Application Process) as a
						deficiency.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.151 - What are my operational responsibilities?

Current through Reg. 49, No. 28; July 12, 2024
While you are operating, you must:
(1) Have a designated full-time child-placing
					 agency administrator who meets the minimum qualifications of §
											749.631
					 of this title (relating to What qualifications must a child-placing agency
					 administrator meet?);
(2) Operate
					 according to your approved plans, policies, and procedures;
(3) Maintain current, true, accurate, and
					 complete records;
(4) Allow us to
					 inspect your child-placing agency during its hours of operation;
(5) Allow us to inspect or monitor any of
					 your foster homes at any time;
(6)
					 Not offer unrelated types of services that conflict or interfere with the best
					 interests of a child in care, a caregiver's responsibilities, or space in the
					 homes. If you offer more than one type of service, you must determine and
					 document that no conflict exists;
(7) Comply with the liability insurance
					 requirements in this division ; and
(8) Prepare the annual budget and control
					 expenditures and ensure compliance with Division 3 of this Subchapter (relating
					 to General Fiscal Requirements).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.153 - What changes must I notify Licensing about regarding my child-placing agency?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 provide written notification to your Licensing Representative:
(1) As soon as possible, but at least 30 days
					 before you:
(A) Change the legal structure of
					 your agency or your governing body, if applicable;
(B) Move your agency to another location as
					 required in §
													745.435 of this title (relating to
					 What must I do if I relocate my operation after I receive my license or
					 certification?);
(C) Open a branch
					 office; or
(D) Change your agency's
					 or a branch office's hours of operation;
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.154 - What is my timeframe for filling my child-placing agency administrator position if it becomes vacant while I do not have a back-up administrator to carry out the administrator duties?

Current through Reg. 49, No. 28; July 12, 2024
If you do not have a back-up child-placing agency
						administrator when your administrator position becomes vacant, to carry out the
						duties in §
											749.635 of this chapter (relating
						to What responsibilities must the child-placing agency administrator have?),
						you have 60 days from the date the position becomes vacant to obtain a licensed
						child-care administrator before we can cite you for not having an
						administrator.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.155 - What are the liability insurance requirements?

Current through Reg. 49, No. 28; July 12, 2024
Unless you have an acceptable reason not to have the
						insurance, you must:
(1) Maintain
					 liability insurance coverage in the amount of $300,000 for each occurrence of
					 negligence that covers injury to a child while the child is on your premises or
					 in your care; and
(2) Provide proof
					 of coverage to Licensing each year by the anniversary date of the issuance of
					 your permit.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.157 - What are acceptable reasons not to have liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You do not have to have liability
					 insurance that meets the requirements of §749.155 of this division
					 (relating to What are the liability insurance requirements?) if you cannot
					 carry insurance because:
(1) Of financial
					 reasons;
(2) You are unable to
					 locate an underwriter who is willing to issue a policy to the operation; or
(3) You have already exhausted the
					 limits of a policy that met the requirements.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 2 - OPERATIONAL RESPONSIBILITIES AND NOTIFICATIONS › Section 749.159 - When must I notify parents that I do not carry liability insurance?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you do not carry liability insurance
					 that meets the requirements of §749.155 of this division (relating to What
					 are the liability insurance requirements?), then you must notify the parent of
					 each child in your care in writing that you do not carry liability insurance
					 before you admit the child into your care.
(b) If you previously carried the liability
					 insurance and subsequently stop carrying the liability insurance, then you must
					 notify the parent of each child in your care in writing that you do not carry
					 the insurance within 14 days after you stop carrying it.
(c) You may use Form 2962, Verification of
					 Liability Insurance, located on the Licensing provider website, to notify
					 parents. Regardless of whether you use this form, you must be able to
					 demonstrate that you provided written notice to the parents of each child in
					 your care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 3 - GENERAL FISCAL REQUIREMENTS › Section 749.161 - What are my fiscal requirements?

Current through Reg. 49, No. 28; July 12, 2024
(a) You
					 must establish and maintain your agency on a sound fiscal basis, including:
(1) Paying your employees timely;
(2) Paying foster parents per your agreement
					 with them; and
(3) Making sure the
					 needs of children in care are being met.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 4 - FISCAL REQUIREMENTS FOR ADOPTION AGENCIES › Section 749.191 - What type of financial report must I submit to Licensing if I provide adoption services?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must
					 submit an annual financial report to us on a form that we provide. The report
					 must include:
(1) Information on
					 adoption-related income from all sources, including the source of the income
					 and the amount; and
(2)
					 Adoption-related agency expenses, including the expense category and the
					 category detail.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 4 - FISCAL REQUIREMENTS FOR ADOPTION AGENCIES › Section 749.193 - May I make payments for adoption referrals?

Current through Reg. 49, No. 28; July 12, 2024
No, you may not make any payments for adoption
						referrals.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 4 - FISCAL REQUIREMENTS FOR ADOPTION AGENCIES › Section 749.195 - What types of fees may I collect prior to the completion and approval of a home study?

Current through Reg. 49, No. 28; July 12, 2024
You may only accept reasonable application fees, home
						study fees, and fees for education and training of the prospective adoptive
						parents prior to the completion of the home study.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 4 - FISCAL REQUIREMENTS FOR ADOPTION AGENCIES › Section 749.197 - For adoption services, what fee policies must I have?

Current through Reg. 49, No. 28; July 12, 2024
(a) For adoption services, you must have an
					 adoption fee or adoption fee schedule that you apply to all clients. The policy
					 must include the type of expenditures you will meet for birth parents and
					 whether you will do so through an overall fee, pass-through expenses, or some
					 combination. Policies on pass-through expenses must comply with all
					 requirements listed in § 749.273 of Title 40 (relating to What must I do
					 if I pass through expenses to adoptive families?).
(b) If you charge additional fees, your
					 policy must explain clearly what the fees cover.
(c) You must have a clear policy on
					 refunds.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 4 - FISCAL REQUIREMENTS FOR ADOPTION AGENCIES › Section 749.199 - Must I charge the same fees for all adoptions?

Current through Reg. 49, No. 28; July 12, 2024
No, you are not required to charge the same fees for all
						adoptions. The fee or fee schedule may take into consideration relevant factors
						such as adoptive placement of children considered to be hard to place. You may
						also have a sliding scale fee schedule. The parameters of any differential fee
						schedules must be specified and equally applied.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.231 - What financial assistance may I provide for a birth mother?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may provide financial assistance to a
					 birth mother to meet her reasonable and necessary living expenses and legal
					 costs.
(b) Reasonable and necessary
					 living expenses include:
(1) Housing
					 expenses;
(2) Necessary utilities,
					 such as electric, water, or telephone bills;
(3) Food for the birth mother and her minor
					 children that are living with her;
(4) Travel expenses for transportation
					 necessary to support the pregnancy, such as gasoline or bus fares to medical
					 appointments or the grocery store;
(5) Medical costs; and
(6) Child-care or foster care while a birth
					 mother is hospitalized or unable to care for her children.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.233 - During what period of time may I provide financial assistance to a birth mother?

Current through Reg. 49, No. 28; July 12, 2024
Financial assistance may only be provided:
(1) During the time of the pregnancy;
					 and
(2) After the pregnancy, during
					 the time the birth mother requires inpatient or outpatient postpartum
					 care.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.235 - How do I determine the birth mother's need for financial assistance?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must review the birth mother's
					 financial resources.
(b) Your
					 evaluation must include an evaluation of family support, medical insurance, and
					 other resources available.
(c) The
					 evaluation must justify a payment you make for the birth mother's reasonable
					 and necessary living expenses and legal costs related to the adoption and, if
					 applicable, post partum care.
(d)
					 You must document the evaluation and provide a copy to the birth
					 mother.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.237 - How do I document financial assistance that I provide for a birth mother?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must document
					 financial assistance that you provide for the birth mother through
					 receipts.
(b) A receipt must
					 include the date, payee identification, purpose of payment, and documentation
					 that the funds were expended for services rendered or goods provided for the
					 birth mother.
(c) You must organize
					 and maintain this documentation in the individual record of the birth
					 mother.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.239 - May I provide cash payments to birth mothers?

Current through Reg. 49, No. 28; July 12, 2024
(a) For reasonable and necessary living
					 expenses, you may provide cash payments to birth mothers to cover the cost of
					 day-to-day routine purchases, such as food, household supplies, personal
					 hygiene or grooming items, and gasoline or public transportation if your
					 policies:
(1) State when and for what purpose
					 you can make cash payments to a birth mother;
(2) Establish a maximum amount per category,
					 per time period, based on the current rates in the community in which the care
					 is provided; and
(3) Require you to
					 obtain documentation from a birth mother acknowledging receipt of the
					 payments.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.241 - If a birth mother decides not to relinquish a child for adoption, may I require her to repay my agency or the adoptive parent for expenses and services incurred?

Current through Reg. 49, No. 28; July 12, 2024
(a) No, you may
					 not require a birth mother to repay you for expenses and/or services
					 incurred.
(b) You must inform a
					 birth mother of this policy in writing upon establishing any formal
					 relationship between your agency and a birth mother and post it in the agency's
					 offices in a place routinely visible to birth mothers. The written policy
					 provided to the birth mother must be in a language spoken and read by the birth
					 mother.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.243 - May I provide foster care services free of charge or at a reduced rate to a birth mother that needs time to make a decision about adoptive placement?

Current through Reg. 49, No. 28; July 12, 2024
Yes, as long as the foster care services provided free of
						charge or at a reduced rate are not contingent upon the relinquishment of the
						child for adoption, you may provide the foster care services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 5 - FINANCIAL ASSISTANCE TO BIRTH MOTHERS › Section 749.245 - If a birth mother's needs are met through existing resources, can I disrupt that arrangement?

Current through Reg. 49, No. 28; July 12, 2024
(a) If a birth
					 mother's needs are met through an existing resource, you must not, by action or
					 advice, disrupt that unless your child placement management staff determines
					 that it is in the best interest of the birth mother and her child that other
					 arrangements be made based on documented proof that her current living
					 situation impacts the basic health or safety of the birth parent or the child,
					 including psychological or emotional abuse. For example, if family members are
					 providing housing at no cost to a birth mother, your agency may not advise the
					 birth mother to move to an apartment for which your agency would pay
					 rent.
(b) This rule applies to any
					 kind of financial assistance.
(c)
					 You must document the impact and determination of best interest before any
					 arrangements are made and/or expenses are paid.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 6 - FISCAL ACCOUNTABILITY/PASS-THROUGH EXPENSES › Section 749.271 - May I require adoptive families to reimburse me for expenses incurred by the birth mother?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may pass
					 through to the adoptive parents certain expenses that:
(1) You incur on behalf of the birth mother;
					 or
(2) The birth mother
					 incurs.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 6 - FISCAL ACCOUNTABILITY/PASS-THROUGH EXPENSES › Section 749.273 - What must I do if I pass through expenses to adoptive families?

Current through Reg. 49, No. 28; July 12, 2024
You must meet the following requirements if you pass
						through the birth mother's expenses to adoptive families:
(1) Your fee policy must include a complete
					 description of the types of expenses that you may pass through to adoptive
					 families.
(2) The fee policy must
					 comply with the financial assistance requirements in Division 5 of this
					 subchapter (relating to Financial Assistance to Birth Mothers).
(3) You must prepare an individual report for
					 each case where you pass through expenses to the adoptive family. The report
					 must be organized by expense category and include the date, amount, and a
					 description of each expenditure. You must give the report to the adoptive
					 family. The report must be available for our review.
(4) If requested by an adoptive parent, you
					 must provide an itemized list of how pass though money was expended and if
					 there is a surplus.
(5) With the
					 exception of unforeseeable medical and legal expenses, you must provide to the
					 adoptive family a written estimate of the pass-through expenses you anticipate
					 will be associated with the adoption. You must provide this estimate before the
					 adoptive family makes any financial commitment to the placement.
(6) If you exceed the estimated expenses by
					 more than 10%, you must obtain acknowledgement and agreement in writing from
					 the adoptive parents that they will incur the additional expenses. If you
					 cannot reach an agreement with the adoptive parents, you must incur the
					 additional expenses.
(7) If there
					 is a surplus of pass through money, you must refund the surplus back to the
					 adoptive parents.
(8) You must
					 inform the adoptive family, in writing, that:
(A) A birth mother may choose not to
					 relinquish a child for adoption; and
(B) You are prohibited from seeking repayment
					 from that birth mother for expenses incurred in providing adoption
					 services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 7 - BRANCH OFFICES › Section 749.301 - What is a branch office?

Current through Reg. 49, No. 28; July 12, 2024
(a) A branch
					 office is anywhere the child placement staff and child master records or
					 foster/adoptive home master records are located.
(b) You may operate a branch office if you:
(1) Maintain compliance with the rules of
					 this chapter; and
(2) Are in good
					 standing with us.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 7 - BRANCH OFFICES › Section 749.303 - What must I do before opening a branch office?

Current through Reg. 49, No. 28; July 12, 2024
At least 30 days prior to the opening of a branch office,
						you must provide us the following information with your request to amend your
						license:
(1) The address, telephone
					 numbers (if available), and office hours for the branch office;
(2) The name, qualifications, and contact
					 information of the administrative staff person who will be primarily
					 responsible for the day-to-day operation of the branch office;
(3) The name(s), qualifications, and contact
					 information of the child placement management staff that will be responsible
					 for child-placing activities of the branch office;
(4) The name(s) and qualifications of other
					 employees who will be involved in child-placing activities at the branch
					 office; and
(5) An updated written
					 professional staffing plan that includes how child placement management staff,
					 the Licensed Child-Placing Agency Administrator, and the treatment director, if
					 applicable, will supervise services provided from the branch office.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 7 - BRANCH OFFICES › Section 749.304 - Where must I have a main or branch office?

Current through Reg. 49, No. 28; July 12, 2024
You must have either a main or branch office:
(1) In each region of the department where
					 you verify homes; or
(2) Within 150
					 miles of each verified foster home.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 7 - BRANCH OFFICES › Section 749.305 - What are the requirements for administrators and treatment directors for a main office and branch offices?

Current through Reg. 49, No. 28; July 12, 2024
(a) You must comply with one of the
					 following:
(1) The main office and each branch
					 office, must have a separate:
(A)
					 Administrator who meets §
													749.631
					 of this title (relating to What qualifications must a child-placing agency
					 administrator meet?); and
(B)
					 Treatment director, if applicable, per §
													749.721
					 of this title (relating to Must I have a treatment director?);
					 or
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 7 - BRANCH OFFICES › Section 749.307 - What happens to the foster homes supervised by a branch office when the branch office closes?

Current through Reg. 49, No. 28; July 12, 2024
(a) If the branch
					 office closure is related to a corrective or adverse action which Licensing is
					 taking or has taken against your agency, you must:
(1) Close a foster home under that branch
					 office; or
(2) Transfer a foster
					 home under that branch office to your main or another branch office, including:
(A) Updating the foster home study per §
					 749.2473 of Title 40 (relating to What must I do to verify a foster home that
					 another child-placing agency has previously verified?), with the exception of
					 new criminal history and central registry background checks;
(B) Ensuring that all required criminal
					 history and central registry background checks for the foster home have been
					 conducted within the last 24 months; and
(C) Amending the verification
					 certificate.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 9 - CLIENTS AND APPEALS › Section 749.421 - Who are my clients?

Current through Reg. 49, No. 28; July 12, 2024
(a) Anyone can
					 request information from you or attend a meeting open to all interested
					 persons. A person becomes your client when you establish a relationship beyond
					 that available to someone who is merely an interested person.
(b) Your child clients include children in:
(1) Foster care; and
(2) Pre-consummated adoptive
					 placement.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 9 - CLIENTS AND APPEALS › Section 749.423 - What rights do my adult clients have?

Current through Reg. 49, No. 28; July 12, 2024
When a person becomes your adult client, you must inform
						the person in writing:
(1) That the
					 rules of this chapter, any compliance reports, and your policies are available
					 for review upon their request;
(2)
					 Of their right to appeal agency actions and decisions that affect them, and the
					 procedures for making an appeal;
(3) Of procedures for making a complaint to
					 us regarding a violation of minimum standards; and
(4) Of other entities and their phone numbers
					 and addresses where it is appropriate to file complaints, such as the board or
					 state agency that professionally licenses individuals whom you employ or
					 contract with, and the procedures for making complaints to those
					 entities.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 749 - MINIMUM STANDARDS FOR CHILD-PLACING AGENCIES › Subchapter C - ORGANIZATION AND ADMINISTRATION › Division 9 - CLIENTS AND APPEALS › Section 749.425 - What must my appeal process include?

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 You must have a written appeal process for your adult clients in regard to your
					 actions and decisions that affect those clients.
(b) The process must describe:
(1) How you will inform clients of their
					 right to appeal;
(2) The procedures
					 and time frames for clients to make an appeal;
(3) The criteria or basis that will be used
					 to make the decision;
(4) Who will
					 hear an appeal and make the decision;
(5) Time frames for making a decision and
					 communicating the decision to the client; and
(6) How the client will be informed of the
					 decision.