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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2523 - For what length of time can I issue a temporary verification?

Current through Reg. 49, No. 28; July 12, 2024
(a) You may issue a temporary verification
					 for up to six months.
(b) A
					 temporary verification is valid for no longer than six months from the date the
					 verification is issued. You may not renew the temporary verification.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2525 - Can foster children remain in the foster home while a temporary verification is in effect?

Current through Reg. 49, No. 28; July 12, 2024
Yes, children who were in the care of the foster family
						at the time of the move may continue to live in the foster home while the
						temporary verification is in effect. However, you may not make new placements
						of children into a home that is temporarily verified.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2526 - What is the purpose of a time-limited verification?

Current through Reg. 49, No. 28; July 12, 2024
The purpose of a time-limited verification is to permit
						you to limit the length of time a home will be verified by assigning the
						verification a pre-determined end date, after which the home will no longer be
						verified to provide foster care. Foster homes with time-limited verifications
						must meet the same rules as foster homes with non-expiring
						verifications.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2527 - What must I do to issue a time-limited verification?

Current through Reg. 49, No. 28; July 12, 2024
You must issue a time-limited verification according to
						the same rules and procedures as a non-expiring verification.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2529 - For what length of time may I issue a time-limited verification?

Current through Reg. 49, No. 28; July 12, 2024
You may issue a time-limited verification for any length
						of time you determine to be appropriate.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2531 - Can I extend a time-limited verification or change the verification from time-limited to non-expiring?

Current through Reg. 49, No. 28; July 12, 2024
Yes. To extend a time-limited verification or change the
						verification from time-limited to non-expiring, you must comply with the
						requirements in Subchapter N of this chapter (relating to Foster Homes:
						Management and Evaluation).
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2533 - What is the purpose of a provisional verification?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2535 - What must I do prior to issuing a provisional verification?

Current through Reg. 49, No. 28; July 12, 2024
(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 foster home's former child-placing
					 agency, which the agency is required to send according to §
												749.2475
					 of this subchapter (relating to To whom must I release information regarding a
					 family on which I previously conducted a foster home screening, pre-adoptive
					 home screening, or post placement adoptive report?);
(2) Based on the background information you
					 receive from the former child-placing agency, and any current screening and
					 evaluation that your agency has conducted up to this point, you determine that
					 the home does not present a potential risk to the health or safety of
					 children;
(3) If the foster home is
					 moving to a new residence, you:
(A) Inspect
					 the new location; and
(B) Determine
					 that the home meets the minimum standards, including the standards in
					 Subchapter O of this chapter (relating to Foster Homes: Health and Safety
					 Requirements, Environment, Space and Equipment); and
(4) The child placement management staff
					 reviews and approves the provisional verification by signing and dating
					 it.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2537 - For what length of time can I issue a provisional verification?

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 4 - TEMPORARY, TIME-LIMITED, AND PROVISIONAL VERIFICATIONS › Section 749.2539 - Can foster children remain in the foster home while a provisional verification is in effect?

Current through Reg. 49, No. 28; July 12, 2024
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 provisionally
						verified.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2550 - What does "children with primary medical needs requiring total care" mean when used in this Division?

Current through Reg. 49, No. 28; July 12, 2024
"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, dressing
						and ambulation.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2551 - What is the maximum number of children a foster family home may care for?

Current through Reg. 49, No. 28; July 12, 2024
(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 caregiver
					 or a two-parent foster family home may care for seven or eight children if all
					 of the following criteria are met:
(1) Each
					 foster or adoptive child that you place in the home that expands the home's
					 capacity to more than six children is placed in the home for the purpose of
					 allowing:
(A) Siblings to remain
					 together;
(B) A child with an
					 established meaningful relationship with the foster family (including a
					 relative or close family friend) to remain with the family;
(C) A parenting youth in care to remain with
					 the child of the parenting youth; or
(D) A family with special training or skills
					 to provide care to a child who has a severe disability;
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2553

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2555 - How do I determine capacity?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2557 - May a foster home exceed its verified capacity?

Current through Reg. 49, No. 28; July 12, 2024
(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
					 stated on the home's verification.
(b) Children visiting the home or in the home
					 for infrequent babysitting are not counted in the capacity of the home.
					 However, the caregivers in the home must ensure that the presence of additional
					 children in the home does not prevent adequate supervision of children in
					 foster and respite child-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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2563

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2565

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2566

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 5 - CAPACITY AND CHILD/CAREGIVER RATIO › Section 749.2567

Current through Reg. 49, No. 28; July 12, 2024
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 6 - SUPERVISION › Section 749.2591 - How am I responsible for ensuring adequate supervision of children in care?

Current through Reg. 49, No. 28; July 12, 2024
(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, or the group of children in
					 care; and
(3) The children's
					 history, including background of abuse or neglect by caretakers, sexual or
					 physical abuse against others, fire-setting, maiming or killing animals,
					 suicide attempts, and run-away behaviors.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 6 - SUPERVISION › Section 749.2593 - What responsibilities does a caregiver have when supervising a child?

Current through Reg. 49, No. 28; July 12, 2024
(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/or visual awareness of each child's on-going activity as
					 appropriate;
(4) Being able to
					 intervene when necessary to ensure each child's safety; and
(5) Not performing tasks that clearly impede
					 the caregiver's ability to supervise and interact with the children while being
					 responsible for the supervision of the children and meet any service-planning
					 requirement regarding supervision of any child.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 6 - SUPERVISION › Section 749.2595 - May I use a video camera to supervise a child in the child's bedroom?

Current through Reg. 49, No. 28; July 12, 2024
(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:
(A) Is younger than five years old;
(B) Has primary medical needs; or
(C) Has a service plan that permits the use
					 for purposes of reducing risks of sexually offensive behavior, physical
					 aggression, or other behaviors identified as requiring heightened supervision,
					 such as night terrors, sleepwalks, or resides in a bedroom with such a child.
					 You must document the justification for the video camera in the child's service
					 plan, and the child must have other accessible and reasonable locations where
					 he may change his clothing in private.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 6 - SUPERVISION › Section 749.2597 - Where must the caregivers reside in order to supervise children who are in a transitional living program?

Current through Reg. 49, No. 28; July 12, 2024
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
					 responding quickly in an emergency; and
(4) Be capable of monitoring the comings and
					 goings of the children in the program.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 6 - SUPERVISION › Section 749.2599 - Can a child serve as a babysitter?

Current through Reg. 49, No. 28; July 12, 2024
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 a
					 babysitter for no more than eight hours and never over night;
(3) The child is certified in first aid and
					 cardiopulmonary resuscitation (CPR); and
(4) Neither the child babysitting nor any of
					 the foster children in the babysitter's care is receiving treatment
					 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 7 - NORMALCY › Section 749.2601 - What is "normalcy"?

Current through Reg. 49, No. 28; July 12, 2024
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; and
(2) Having normal interaction and experiences
					 within a foster family and participating in foster family activities.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 7 - NORMALCY › Section 749.2603 - Are children in care required to participate in childhood activities?

Current through Reg. 49, No. 28; July 12, 2024
(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 child can be achieved, and
					 discussions, if applicable, regarding a child's refusal to participate in
					 childhood activities. The child's service plan must specify whether there are
					 any restrictions on the child's participation in these activities and whether
					 the activities may extend into sleeping hours.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 7 - NORMALCY › Section 749.2605 - What is the "reasonable and prudent parent standard"?

Current through Reg. 49, No. 28; July 12, 2024
(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) When using the
					 reasonable and prudent parent standard, a foster parent must take into
					 consideration the following when deciding whether a child may participate in
					 normal childhood activities:
(1) The child's
					 age and level of maturity;
(2) The
					 child's cognitive, social, emotional, and physical development level;
(3) The child's behavioral history and
					 ability to safely participate in a proposed activity;
(4) The child's overall abilities;
(5) Whether the activity is a normal
					 childhood activity for a child of that age and level of maturity;
(6) The child's desires;
(7) The surrounding circumstances, hazards,
					 and risks of the activity;
(8)
					 Outside supervision of the activity, if available and appropriate;
(9) The supervision instructions in the
					 child's service plan; and
(10) The
					 importance of providing the child with the most normal family-like living
					 experience possible.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 7 - NORMALCY › Section 749.2607 - Who makes the decision regarding a foster child's participation in childhood activities?

Current through Reg. 49, No. 28; July 12, 2024
(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
					 the reasonable and prudent parent standard.
(c) The service plan may not require the
					 prior approval of the parent before the foster parent may consent to a foster
					 child's participation in childhood activities. However, if the parent provides
					 notice in advance that the child is prohibited from participating in a specific
					 activity, the foster parent must follow the parent's decision.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2621 - What are respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
(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 child in a home for less than 72
					 hours is not respite child-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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2623 - What must occur before I place a child for respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2625 - What information regarding the child must I share with the babysitter, overnight care provider, and respite care provider?

Current through Reg. 49, No. 28; July 12, 2024
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
					 treatment currently being provided;
(B) Medication regimen and medication
					 instructions;
(C) Authorization for
					 medical treatment;
(D) Safety
					 plans;
(E) Sleeping
					 information;
(F) Discipline
					 instructions;
(G) Any expectations
					 that the foster parent or agency may have of the provider; and
(H) Any other needs of a child that should be
					 addressed by the provider;
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2627 - What must occur before one of my foster homes accepts a child for respite child-care service?

Current through Reg. 49, No. 28; July 12, 2024
(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
					 conflict in care for any child that you have already placed in the foster home.
					 The record of the foster home providing respite child-care services must
					 include documentation of this determination.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2629 - In addition to the requirements of this division, what requirements of this chapter apply to respite child-care services that a foster home provides?

Current through Reg. 49, No. 28; July 12, 2024
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 supervision
						rules. Children receiving respite care in a foster home are counted in the
						capacity and child/caregiver ratio for the 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2631 - How long may a child be in respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
(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 count toward nor is it
					 limited by the time frames noted in subsection (a) of this section. However,
					 these placements are limited to a maximum of 60 days.
(c) If a child needs respite child-care
					 services for more than 14 consecutive days or more than 60 days for an abuse or
					 neglect investigation, this is considered a new placement and will not be
					 respite child-care.
(d) When a
					 child finishes a respite child-care placement, he may not return to respite
					 child-care services for at least 10 days.
(e) Respite child-care must not be used if it
					 could be detrimental to the child.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2633 - How frequently may a foster home provide respite child-care services?

Current through Reg. 49, No. 28; July 12, 2024
(a) The home may
					 not provide respite child-care services for more than:
(1) 14 consecutive days; or
(2) 60 days annually.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 8 - RESPITE CHILD-CARE SERVICES › Section 749.2635 - May I place a child for babysitting, overnight care, or respite care services in a home that Licensing does not regulate?

Current through Reg. 49, No. 28; July 12, 2024
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 (relating to What policies must I develop for babysitters,
					 overnight care providers, and respite care providers?).
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 9 - AGENCY-FOSTER FAMILY RELATIONSHIPS › Section 749.2651 - May a foster home accept adults into the home for care?

Current through Reg. 49, No. 28; July 12, 2024
(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 (relating to May I admit a young
					 adult into 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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 9 - AGENCY-FOSTER FAMILY RELATIONSHIPS › Section 749.2653 - What are the requirements for an unrelated adult to reside in a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(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 § 749.1417 of Title 40 (relating to Who must have a
					 tuberculosis (TB) examination?); and
(3) You must evaluate the effect that the
					 adult will have on the foster children in the home. Your evaluation must
					 include the following considerations:
(A) The
					 needs of the foster children in care;
(B) The impact the adult will have in the
					 foster family and for the foster children; and
(C) Whether the change in household will
					 conflict with the children's best interest.
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 M - FOSTER HOMES: SCREENINGS AND VERIFICATIONS › Division 9 - AGENCY-FOSTER FAMILY RELATIONSHIPS › Section 749.2655 - When must a foster home notify you of changes that affect the foster home?

Current through Reg. 49, No. 28; July 12, 2024
A foster home must notify you of any of the following
						changes as follows:
Attached
						Graphic
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2801 - When must I evaluate a foster home for compliance with Licensing rules?

Current through Reg. 49, No. 28; July 12, 2024
(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
				  conditions of the verification; or
(4) You receive a family violence report from
				  DFPS.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2803 - What changes affect a foster home's verification?

Current through Reg. 49, No. 28; July 12, 2024
(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 capacity requirements in § 749.2557 of Title 40
				  (relating to May a foster agency home exceed its verified capacity?);
(4) Changes in the ages and gender(s) of
				  children for which the home is authorized to provide care; or
(5) Changes in the types of services the
				  foster home will provide.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2805 - What is a "major life change in the foster family"?

Current through Reg. 49, No. 28; July 12, 2024
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; or
(3) Extended
				  absences by one parent, such as military service or out-of-town job
				  assignments.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2807 - How do I evaluate a foster home's compliance with the relevant Licensing rules affecting the need for the evaluation?

Current through Reg. 49, No. 28; July 12, 2024
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 verification or a major life change occurs, you must
				  evaluate the rules related to the conditions or change;
(3) When an unplanned change in housing or
				  employment occurs, you must evaluate the rules related to the change;
(4) You must document the rules that were
				  evaluated and the determination of the evaluation;
(5) During any contact with the foster
				  family, including routine supervisory contacts and investigations, you must
				  cite and address any deficiencies noted;
(6) Your documentation of deficiencies must
				  include plans for achieving compliance; and
(7) You must also document a plan for
				  follow-up to ensure compliance was achieved.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2809 - What must a plan for achieving compliance include?

Current through Reg. 49, No. 28; July 12, 2024
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 home before the home achieves compliance; and
(4) A determination whether you will make new
				  placements in the home before the home achieves compliance.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2811 - How do I follow-up to ensure compliance?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2813 - How do I evaluate Licensing rules for each home every two years?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2814 - How do I evaluate a foster home prior to extending its time-limited verification or changing its verification from time-limited to non-expiring?

Current through Reg. 49, No. 28; July 12, 2024
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.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2815 - How often must I have supervisory visits with the foster home and what must be evaluated during a supervisory visit?

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2817 - Must I monitor and have supervisory visits with a foster home where no children are placed?

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2819 - When may I place a foster home on inactive status?

Current through Reg. 49, No. 28; July 12, 2024
(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 child for placement;
				  and
(4) For a foster home with a
				  time-limited verification, the home's verification has not expired.
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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2821 - How do the foster parents meet their training requirements while their home is on inactive status?

Current through Reg. 49, No. 28; July 12, 2024
(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 you may place
				  children in the 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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2823 - Are background checks required on homes that are on inactive status?

Current through Reg. 49, No. 28; July 12, 2024
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 requested
					 before a child or children can be placed in the 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 N - FOSTER HOMES: MANAGEMENT AND EVALUATION › Section 749.2825 - How do I take a foster home off inactive status?

Current through Reg. 49, No. 28; July 12, 2024
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
				  with all background check 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 O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2901 - What health and safety regulations must each foster home meet in addition to Licensing rules?

Current through Reg. 49, No. 28; July 12, 2024
All agency homes must comply with all applicable fire,
						health, and safety laws, ordinances, and regulations.
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 O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2902 - What health and safety measures are required at a foster home?

Current through Reg. 49, No. 28; July 12, 2024
(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.
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 O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2903 - What fire safety measures are required at a foster family home not serving children receiving treatment services for primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
(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
					 Marshal's fire prevention checklist for 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 O - FOSTER HOMES: HEALTH AND SAFETY REQUIREMENTS, ENVIRONMENT, SPACE AND EQUIPMENT › Division 1 - HEALTH AND SAFETY › Section 749.2904 - What fire safety measures are required at a foster family home serving children receiving treatment services for primary medical needs?

Current through Reg. 49, No. 28; July 12, 2024
(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 fire inspection for a home, you cannot obtain a fire
					 inspection, then a fire safety evaluation may be conducted by your
					 child-placement staff using the State Fire Marshal's fire prevention checklist
					 for foster homes. Documentation of efforts to obtain a fire inspection must
					 include each date, the name of the person contacted, and the person's response
					 to the request to complete an inspection.
(b) Each inspection or use of the State Fire
					 Marshal's checklist must be documented, including the name and telephone number
					 of the person who conducted the inspection or evaluation.
(c) Deficiencies documented during any
					 inspection or use of the State Fire Marshal's checklist must be corrected, and
					 the foster home must comply with any conditions or restrictions specified by
					 the inspector or child-placement staff.
(d) Once you document that a fire inspection
					 is not available in a particular area, you may use that documentation for any
					 foster home verified by you in that area. A copy of the documentation must be
					 on file in each foster home record to which the documentation
					 applies.
(e) Documentation that a
					 fire inspection is not available in a particular area is valid for one
					 year.