TAC Chapter 749 Index & Reference Guide

Official Document: 2025_12_chapter-749-cpa.pdf Document Type: Texas Administrative Code - Minimum Standards for Child-Placing Agencies Version: December 2025 Prior Version: November 2025 (Archived) Sections Referenced in Refuge House Policies: See below Markdown Conversions: 12 parts in tac-749-parts/ (converted from Nov 2025 edition; Dec 2025 has date-stamp changes only, no substantive content differences)

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Subchapter A: General Provisions

• §749.1 - §749.43: General provisions and definitions

Subchapter C: Organization and Administration

• §749.101 - §749.425 - Comprehensive Organization and Administration Requirements
  • Division 1: Required Plans and Policies (§749.101-141)
    • §749.101 - Plans Required for Application (operation plan, fiscal plan, evaluation plan, investigation plan)
    • §749.103 - Policies and Procedures Required for Application (21 required policies including record keeping, personnel, conflict of interest, admission, placement, child-care, EBI, discipline, foster care, adoption, volunteer, abuse/neglect, suicide prevention)
    • §749.105 - Personnel Policies Requirements (organizational chart, job descriptions, professional staffing plan, training requirements, background checks, abuse reporting, confidentiality, drug testing)
    • §749.107 - Conflict of Interest Policies (child placement staff cannot conduct screenings with conflicts, agency cannot verify employees/relatives, code of conduct, governing body majority)
    • §749.109 - Admission Policies (program goals/services, population characteristics, treatment services types)
    • §749.111 - Placement Policies (determine appropriateness, match child with home, place siblings together, maintain sibling contact)
    • §749.113 - Child-Care Policies (18 required policy areas including visitation, mail, telephone, gifts, clothing, possessions, EBI, religious programs, education, trips, program expectations, grievance procedures, parent reports, medical/dental, pregnancy/childbirth, primary medical needs, transitional living, weapons)
    • §749.115 - Emergency Behavior Intervention Policies (complete description, specific techniques, qualifications, requirements/restrictions, orientation, training, prohibitions on retaliation)
    • §749.117 - Discipline Policies (guide caregivers/employees, trauma informed care, positive responses, nurturing behavior, no discipline for infants)
    • §749.119 - Foster Care Policies (screening criteria, placement decisions, training requirements, multiple care types)
    • §749.121 - Rights and Responsibilities Policies (12 required areas including decision-making, training, communication, reimbursement, information sharing, support services, reporting, service planning, appeals, compliance, record review)
    • §749.123 - Policies for Primary Medical Needs (overnight care 72 hours/year, respite care)
    • §749.125 - Transitional Living Program Policies (5 required areas)
    • §749.127 - Babysitter/Overnight/Respite Provider Policies (10 required areas including age, experience, training, references, number of children, information sharing, care instructions, contact method, approval, documentation)
    • §749.129 - Legal Risk Placement Program Policies (requirements for families, criteria for selecting children)
    • §749.131 - Adoption Policies (8 required areas including procedures/criteria, training, rights/responsibilities, cultural identity, fees, birth parent services, post adoption services)
    • §749.133 - Volunteer Policies (5 required areas: job descriptions, qualifications/screening/selection, orientation/training, supervision, contact with children)
    • §749.135 - Abuse and Neglect Policies (5 required areas: annual training, awareness methods, prevention techniques, coordination strategies, parent actions)
    • §749.136 - Suicide Prevention, Intervention, and Postvention Policy (model policy or approved alternative, includes prevention training, screening, intervention, postvention)
    • §749.137 - Model Suicide Prevention Policy (purpose, definitions, prevention training, screening, intervention, postvention)
    • §749.138 - General Requirements for Policies (awareness and compliance)
    • §749.139 - Requirements for Adopting Plans/Policies/Procedures (date of adoption, effective date, formalization by ownership type)
    • §749.141 - Can Licensing Cite for Policy Violations (yes, if violates required policies)
  • Division 2: Operational Responsibilities and Notifications (§749.151-159)
    • §749.151 - Operational Responsibilities (8 requirements including administrator, operate per plans/policies, maintain records, allow inspections, no conflicting services, liability insurance, budget control)
    • §749.153 - Changes to Notify Licensing (30 days: legal structure, relocation, branch office, hours; 15 days: plans/policies; 2 days: administrator change, controlling person changes; foster home verification status)
    • §749.154 - Timeframe for Filling Administrator Position (60 days if no back-up)
    • §749.155 - Liability Insurance Requirements ($300,000 per occurrence, proof annually)
    • §749.157 - Acceptable Reasons Not to Have Insurance (financial reasons, no underwriter, exhausted limits)
    • §749.159 - Notify Parents About No Insurance (before admission, within 14 days if stop carrying)
  • Division 3: General Fiscal Requirements (§749.161)
    • §749.161 - Fiscal Requirements (sound fiscal basis, pay employees/foster parents timely, meet children's needs, maintain financial records, account for child's money separately, annual review or reserve funds)
  • Division 4: Fiscal Requirements for Adoption Agencies (§749.191-199)
    • §749.191 - Annual Financial Report for Adoption Services (income from all sources, expenses by category, submit within 60 days of fiscal year end)
    • §749.193 - Payments for Adoption Referrals Prohibited
    • §749.195 - Fees Prior to Home Study Completion (application fees, home study fees, education/training fees)
    • §749.197 - Adoption Fee Policies (fee or fee schedule, pass-through expenses, additional fees explanation, refund policy)
    • §749.199 - Must Charge Same Fees for All Adoptions (no, may consider hard-to-place, sliding scale, parameters must be specified and equally applied)
  • Division 5: Financial Assistance to Birth Mothers (§749.231-245)
    • §749.231 - Financial Assistance for Birth Mother (reasonable and necessary living expenses and legal costs, 6 included expenses, 4 excluded expenses)
    • §749.233 - Time Period for Financial Assistance (during pregnancy, postpartum care)
    • §749.235 - Determine Birth Mother's Need (review financial resources, evaluate family support/insurance/other resources, justify payment, document evaluation)
    • §749.237 - Document Financial Assistance (receipts with date, payee, purpose, maintain in birth mother's record)
    • §749.239 - Cash Payments to Birth Mothers (allowed for day-to-day purchases, policies required, maximum per category, documentation, up to one month)
    • §749.241 - Cannot Require Repayment (inform birth mother in writing, post in offices, in birth mother's language)
    • §749.243 - Foster Care Services Free/Reduced Rate (allowed if not contingent on relinquishment)
    • §749.245 - Cannot Disrupt Existing Resources (unless best interest determination based on documented health/safety impact)
  • Division 6: Fiscal Accountability/Pass-Through Expenses (§749.271-273)
    • §749.271 - May Require Reimbursement for Birth Mother Expenses (may pass through certain expenses, cannot pass through if met by insurance/other source)
    • §749.273 - Requirements for Pass-Through Expenses (8 requirements including fee policy description, individual report, itemized list, written estimate, agreement if exceed 10%, refund surplus, inform about no repayment)
  • Division 7: Branch Offices (§749.301-307)
    • §749.301 - What Is Branch Office (where child placement staff and master records located, may operate if compliant and in good standing)
    • §749.303 - Before Opening Branch Office (30 days prior, 5 required items: address/phone/hours, administrative staff, child placement management staff, other employees, updated professional staffing plan)
    • §749.304 - Where Must Have Main/Branch Office (in each region where verify homes, or within 150 miles of each verified foster home)
    • §749.305 - Requirements for Administrators/Treatment Directors (separate for each office, or shared if caseload limits met: 35 child-care/25 treatment/30 combination children, 15 homes, 30 combination cases)
    • §749.307 - When Branch Office Closes (if corrective/adverse action: close or transfer homes with updated study; if not: may transfer without updating)
  • Division 9: Clients and Appeals (§749.421-425)
    • §749.421 - Who Are Clients (child clients: foster care, pre-consummated adoptive placement; adult clients: 7 types including birth parents, foster/adoptive applicants/parents, young adults)
    • §749.423 - Rights of Adult Clients (4 rights: review rules/compliance reports/policies, right to appeal, complaint procedures, other entities for complaints)
    • §749.425 - Appeal Process Requirements (written process, 6 required elements, provide before making person client, internal review sufficient)
  • Referenced in: Multiple Refuge House policies (organization structure, policies and procedures, fiscal management, branch office operations)
  • Full Document: tac-749-part-02-organization.md ✅ Available

Subchapter D: Reports and Record Keeping

• §749.501 - §749.596 - Comprehensive Reports and Record Keeping Requirements
  • Division 1: Reporting Serious Incidents and Other Occurrences (§749.501-519)
    • §749.501 - Definitions (serious incident, triggered review, unauthorized absence)
    • §749.503 - When Must Report and Document Serious Incidents (12 types involving children, 9 types involving agency/staff, reporting timelines to CCR/parents/law enforcement)
    • §749.505 - What Constitutes a Suicide Attempt (attempt vs. gesture vs. thoughts)
    • §749.509 - How to Make Report to Licensing (Texas Abuse and Neglect Hotline)
    • §749.511 - How to Document Serious Incident (11 required elements)
    • §749.513 - Additional Documentation Required (child death/injury, unauthorized absence, child-on-child abuse)
    • §749.515 - Retention Requirements (2 years, easily accessible)
    • §749.517 - Notification Requirements for Safe Sleeping/Abuse Deficiencies
    • §749.519 - How to Notify Parents of Deficiencies (within 5 days, Form 2970 or 7266)
  • Division 2: Operation Records (§749.529-539)
    • §749.529 - Retention Requirements for Policies (available for review, maintain 2 years)
    • §749.531 - Policies for Protecting Records (paper/electronic, authorized access)
    • §749.533 - Additional Policies for Electronic Records (5 requirements: paper vs. electronic, security, backup, anti-virus, access limits)
    • §749.534 - Electronic Signatures Allowed
    • §749.535 - How Current Must Record Be (30 days, foster parent records within 15 days of month end)
    • §749.537 - Making Records Available to Licensing (immediate for active, 48 hours for archived)
    • §749.539 - Where to Maintain Disaster/Emergency Plans (main office, branch office, central location)
  • Division 3: Personnel Records (§749.551-555)
    • §749.551 - Where to Maintain Personnel Records (main office or work location, master list)
    • §749.553 - Information Required in Personnel Record (13 required elements including employment date, qualifications, TB screening, background checks, training)
    • §749.554 - Confidentiality of Background Check Results
    • §749.555 - Retention Requirements (annual training: last full year + current; other: 1 year after separation or until investigation resolved)
  • Division 4: Client Records (§749.571-587)
    • §749.571 - What Client Records Must Be Maintained (master records, individualized, current, complete)
    • §749.573 - Where to Maintain Active Master Records (office where child placement staff located, master list)
    • §749.575 - What Is Active Record for Child (most recent 12 months)
    • §749.577 - Information Required in Active Child Record (name/identifier, allergies/chronic conditions visible)
    • §749.579 - How to Maintain Active Child Record (accurate, current, locked, confidential)
    • §749.581 - Where to Maintain Archived Master Records (main/branch office, central location, master list)
    • §749.583 - Who Must Consent to Release Child's Record (written consent required except parent/Licensing/law)
    • §749.585 - Retention Requirements (adoption: permanent or transfer to Bureau of Vital Statistics; foster: 2 years from discharge or until investigation resolved; foster homes: 5 years after closed; adoptive applicants: 5 years after withdrawal/closure; denied applicants: 1 year)
    • §749.587 - Handling Adoption Records If Cease Operating (transfer to Bureau of Vital Statistics or another CPA)
  • Division 5: Unauthorized Absences (§749.590-596)
    • §749.590 - Additional Requirements for Unauthorized Absences (annual summary log, debriefing)
    • §749.591 - Documentation in Annual Summary Log (6 required elements, maintain 5 years)
    • §749.592 - Requirements for Debriefing Child (within 24 hours, 4 discussion topics, document)
    • §749.593 - When Triggered Review Must Occur (within 30 days after 3rd absence in 60 days)
    • §749.594 - Who Must Participate in Triggered Review (child, foster parent, child placement staff, notify parent 2 weeks prior)
    • §749.595 - What Triggered Review Must Include (review records, service plan elements, trauma informed alternatives, written plan)
    • §749.596 - Overall Agency Evaluation for Unauthorized Absences (every 6 months, maintain 5 years)
  • Referenced in: FC-04 (Crisis Management - serious incident reporting), FC14-01 (Discharge and Permanency Planning - record retention)
  • Full Document: tac-749-part-03-reporting-personnel.md ✅ Available

Subchapter E: Agency Staff and Caregivers

• §749.603 - §749.769 - Comprehensive Agency Staff and Caregivers Requirements
  • Division 1: General Requirements (§749.603-609)
    • §749.603 - Education Outside United States (must provide equivalent documentation, English translation)
    • §749.605 - Minimum Qualifications for All Employees (no danger to children, background checks, TB screening, physical/mental/emotional capability, Licensing Affidavit)
    • §749.607 - General Responsibilities of All Employees/Caregivers (competency/prudent judgment/self-control, report abuse/neglect/exploitation, know/comply with rules)
    • §749.609 - Requirements for Tuberculosis Screening (all caregivers, employees, contract staff, volunteers, household members before contact)
  • Division 2: Child-Placing Agency Administrator (§749.631-637)
    • §749.631 - Qualifications for Administrator (meet governing body qualifications, Licensed CPA Administrator, full-time employee, present at Texas office)
    • §749.633 - Administrator for Two Operations (both in good standing, manageable size/scope, valid licenses, one CPA managing ≤25 foster homes)
    • §749.635 - Responsibilities of Administrator (daily supervision, compliance with heightened monitoring, 5 areas of responsibility)
    • §749.637 - Designee When Administrator Absent (must be Licensed CPA Administrator)
  • Division 3: Child Placement Staff and Child Placement Management Staff (§749.661-679)
    • §749.661 - Required Employees for Child Placement Activities (child placement staff, child placement management staff)
    • §749.663 - Responsibilities of Child Placement Staff (foster care: 5 responsibilities; adoption: 5 responsibilities)
    • §749.667 - Responsibilities of Child Placement Management Staff (review/approve activities, supervise staff, directly perform when needed)
    • §749.669 - How Management Staff Document Approval (sign/date 11 types of documents)
    • §749.673 - Qualifications for Child Placement Activities (Option 1: master's or bachelor's in human services + 1 year experience; Option 2: bachelor's + 2 years experience)
    • §749.675 - Qualifications for Child Placement Management Activities (3 options based on license, education, experience: 1-3 years)
    • §749.677 - Requirements for Management Staff at Branch Office (assigned for each branch, 10 monthly supervision conferences per year, reasonable access)
    • §749.679 - Requirements for Caseloads (no specific requirements, but must meet needs and support homes)
  • Division 4: Treatment Director (§749.721-727)
    • §749.721 - Must Have Treatment Director (if 30+ children or >50% receiving treatment services, full-time employee)
    • §749.723 - Responsibilities of Treatment Director (overall treatment program, clinical responsibility, direction/management)
    • §749.725 - Qualifications for Treatment Director (by treatment service type: IDD/autism, primary medical needs, emotional disorders)
    • §749.727 - One Treatment Director for Multiple Services (must meet qualifications for most prevalent service)
  • Division 5: Treatment Services Provided by Nursing Professionals (§749.741)
    • §749.741 - Treatment Services Registered Nurse Must Provide (6 responsibilities: nursing assessment, service planning, review records, contact professionals, monitor implementation, document outcomes)
  • Division 6: Contract Staff and Volunteers (§749.761-769)
    • §749.761 - Requirements for Volunteer (personnel record, statement on reporting abuse/neglect/exploitation)
    • §749.763 - Additional Requirements for Volunteer/Contractor Performing Employee/Caregiver Functions (same requirements, document compliance)
    • §749.767 - When Volunteer/Contractor Subject to Agency Policies (unless other organization provides adequate screening/training/supervision)
    • §749.769 - Community Service Hours Prohibited (no probation/parole/court-ordered service)
  • Referenced in: FC-T3C-01 (T3C Basic Foster Family Home Support Services - staff qualifications), FC-MH-01 (Mental & Behavioral Health Support Services - treatment director)
  • Full Document: tac-749-part-03-reporting-personnel.md ✅ Available

Subchapter E: Foster Homes

• §749.1301 - §749.1335: Service Planning Requirements
  • §749.1301 - 30-Day Service Plan Timeline (HIGH WEIGHT STANDARD) - Referenced in: FC-T3C-01, FC3-01, FC2-01
  • §749.1303 - Information gathering requirements - Referenced in: FC2-01.1
  • §749.1305 - Face-to-face contact requirements - Referenced in: FC2-01.1
  • §749.1309 - Personal Safety Plans - Referenced in: FC-04 (Crisis Management)
  • §749.1311 - Assessment documentation - Referenced in: FC2-01.1
  • §749.1313 - Youth 14 and older requirements - Referenced in: FC2-01.1
  • §749.1315 - Multiple placement history - Referenced in: FC2-01.1
  • §749.1317 - Assessment approval and distribution - Referenced in: FC2-01.1

Subchapter F: Medical and Dental Care

Subchapter J: Foster Care Services - Medical and Dental

• §749.1401 - §749.1675 - Comprehensive Medical and Dental Care Requirements
  • Division 1: Medical and Dental Care (§749.1401-1437)
    • §749.1401 - General Medical Requirements (initial, injury/illness, ongoing maintenance)
    • §749.1403 - Who Determines Need and Frequency for Ongoing Maintenance
    • §749.1405 - Who Must Perform Medical Care Examinations
    • §749.1409 - General Dental Requirements (initial, pain/infections, ongoing maintenance)
    • §749.1411 - Who Determines Frequency for Dental Health
    • §749.1413 - Who Must Perform Dental Examinations
    • §749.1415 - Communicable Disease Health Precautions (DSHS reporting)
    • §749.1417 - Tuberculosis (TB) Examination Requirements
    • §749.1421 - Immunization Requirements
    • §749.1423 - Immunization Exemptions and Exceptions
    • §749.1425 - Acceptable Documentation for Immunization Records
    • §749.1427 - Vision and Hearing Screening Requirements
    • §749.1429 - Diagnostic Vision or Hearing Examination Requirements
    • §749.1431 - Special Equipment for Physical Disabilities
    • §749.1433 - Physician Review of Primary Medical Needs (every 90 days)
    • §749.1435 - Nasogastric Tube Requirements
    • §749.1437 - Response to Injury/Illness Requiring Immediate Treatment
  • Division 2: Administration of Medication (§749.1461-1469)
    • §749.1461 - Consent Requirements (general, psychotropic-specific)
    • §749.1463 - Prescription Medication Requirements (11 requirements including storage, administration, side effects)
    • §749.1469 - Non-Prescription Medication and Supplements Requirements
  • Division 3: Self-Administration of Medication (§749.1501-1503)
    • §749.1501 - Self-Medication Program Requirements (parent authorization, service plan, health-care professional consultation)
    • §749.1503 - Recording Medication Dosage for Self-Medication
  • Division 4: Medication Storage and Destruction (§749.1521)
    • §749.1521 - Storage Requirements (locked container, Schedule II double lock, refrigeration, discontinued/expired removal)
  • Division 5: Medication Records (§749.1541-1545)
    • §749.1541 - Required Medication Records (8 required elements, update within 24 hours)
    • §749.1543 - Where Records Must Be Maintained (foster home current month, agency copies)
    • §749.1545 - Suitable Forms Must Be Available
  • Division 6: Medication and Label Errors (§749.1561-1565)
    • §749.1561 - Definition of Medication Error (8 types)
    • §749.1563 - What to Do If Medication Error Found (contact health-care professional, document within 24 hours)
    • §749.1565 - Medication Label Error Requirements (report to pharmacist, correct within next business day)
  • Division 7: Side Effects and Adverse Reactions (§749.1581-1583)
    • §749.1581 - Adverse Reaction Requirements (immediate report, follow recommendations, document)
    • §749.1583 - Side Effects Requirements (document, report serious immediately, others within 72 hours)
  • Division 8: Use of Psychotropic Medication (§749.1603-1611)
    • §749.1603 - Information Required When Agency Employs Prescribing Professional (12 required elements)
    • §749.1605 - Information Required When Agency Does Not Employ Prescribing Professional
    • §749.1607 - Emergency Administration of Psychotropic Medication (72-hour notification)
    • §749.1609 - Documentation Requirements for Psychotropic Medication Use
    • §749.1611 - Evaluation Requirements for Continuing Psychotropic Medication (quarterly, 90-day effectiveness substantiation)
  • Division 9: Protective Devices (§749.1641-1647)
    • §749.1641 - Definition of Protective Device (protects from involuntary self-injury, permits wound healing)
    • §749.1643 - Definition of Involuntary Self-Injurious Behavior
    • §749.1645 - Use of Protective Devices (physician orders required, prohibited purposes, documentation)
    • §749.1647 - PRN Orders for Protective Devices (90-day review)
  • Division 10: Supportive Devices (§749.1671-1675)
    • §749.1671 - Definition of Supportive Device (posture support, mobility assistance, adjunct to treatment)
    • §749.1673 - Use of Supportive Devices (physician orders, prohibited purposes, remove during rest periods)
    • §749.1675 - PRN Orders for Supportive Devices (90-day review)
  • Referenced in: FC10-01 (Physical and Mental Health Care Policy), FC10-01.1, FC10-01.2, FC-IDD-01 (IDD/Autism Support Services)
  • Full Document: tac-749-part-06-foster-medical-care.md ✅ Available

Subchapter K: Foster Care Services - Daily Care, Problem Management

• §749.1801 - §749.1961 - Comprehensive Daily Care and Problem Management Requirements
  • Division 1: Additional Requirements for Infant Care (§749.1801-1821)
    • §749.1801 - Definitions (baby bungee jumper, baby walker, bouncer seat, restrictive device)
    • §749.1803 - Basic Care Requirements for Infants (individual attention, prompt physical needs, safe environment, supervision)
    • §749.1805 - Furnishings and Equipment for Infant Care Area (individual crib, sufficient toys)
    • §749.1807 - Crib Safety Requirements (8 requirements including mattress, sheets, slats, drop rails)
    • §749.1809 - Mesh Cribs or Port-a-Cribs Allowed (manufacturer instructions, secure mesh, folded sides)
    • §749.1811 - Equipment Requiring Safety Straps (high chair, swing, stroller, carrier, rocker, bouncer seat)
    • §749.1813 - Prohibited Equipment for Infants (baby walkers, bungee jumpers, accordion gates, choking hazards, bean bags/waterbeds)
    • §749.1815 - Sleeping Requirements for Infants (face-up position, no head/face covering, no prone with adult)
    • §749.1817 - Infants Sleeping in Restrictive Devices (prohibited, must move to crib)
    • §749.1819 - Feeding Requirements for Infants (health-care professional recommendations, hold while feeding, no propping)
    • §749.1821 - Swaddling Infants (prohibited unless health-care professional order)
  • Division 2: Additional Requirements for Toddler Care (§749.1841)
    • §749.1841 - Basic Care Requirements for Toddlers (individual attention, safe environment, supervision)
  • Division 3: Additional Requirements for Pregnant Children (§749.1861-1865)
    • §749.1861 - Information for Pregnant Children (health aspects, nutrition counseling, rights)
    • §749.1863 - Emergency Behavior Intervention for Pregnant Children (health-care professional documentation required)
    • §749.1865 - Adolescent Parents with Child(ren) (adolescent provides most care, caregivers as resource/support)
  • Division 4: Educational Services (§749.1891-1895)
    • §749.1891 - Agency Responsibilities for Education (appropriate education, least restrictive setting, IEP implementation, advocacy)
    • §749.1893 - Caregiver Responsibilities for Education (9 requirements including report cards, extracurricular activities, ARD/IEP/ITP meetings)
    • §749.1895 - Educational Program for Autism Spectrum Disorder (normalization, appropriate to functioning)
  • Division 5: Recreational Services (§749.1921-1927)
    • §749.1921 - Recreational Activities Responsibilities (daily indoor/outdoor, non-ambulatory children, individualized recreation plan)
    • §749.1923 - Physical Fitness for Primary Medical Needs or Intellectual Disability (minimum 1 hour daily)
    • §749.1925 - Daily Schedule for Primary Medical Needs or Intellectual Disability (normalization principle)
    • §749.1927 - Normal Life Experiences for Primary Medical Needs or Intellectual Disability (5 requirements)
  • Division 6: Discipline and Punishment (§749.1951-1961)
    • §749.1951 - Requirements for Disciplinary Measures (5 requirements, goal is teaching acceptable behavior)
    • §749.1953 - Corporal Punishment Prohibited (hitting, spanking, physical exercise, physical positions, unproductive work)
    • §749.1955 - Definition of Unproductive Work (demeaning work vs. logical consequences)
    • §749.1957 - Other Prohibited Punishment Methods (15 prohibited methods including harsh/cruel, denial of mail/visits, threatening placement loss)
    • §749.1959 - Restricting Activities as Behavior Management (14+ days requires management staff approval, 24+ hours room restriction requires service planning team)
    • §749.1961 - Person in Care Disciplining Another Person in Care (prohibited except babysitting)
  • Referenced in: FC10-01 (Physical and Mental Health Care Policy), FC-IDD-01 (IDD/Autism Support Services)
  • Full Document: tac-749-part-06-foster-medical-care.md ✅ Available

Subchapter F: Training and Professional Development

• §749.801 - §749.949 - Comprehensive Training and Professional Development Requirements
  • Division 1: Definitions (§749.801)
    • §749.801 - Definitions (CPR, hours, instructor-led training, self-instructional training, self-study training)
  • Division 2: Overview of Training and Experience Requirements (§749.811-813)
    • §749.811 - Training and Experience Requirements for Caregivers (orientation, pre-service, pediatric first aid/CPR, annual training)
    • §749.813 - Training Requirements for Employees (orientation, pre-service, annual training)
  • Division 3: Orientation (§749.831-833)
    • §749.831 - Orientation Requirement (prior to job duties/contact with children, 3 required components)
    • §749.833 - Exemptions from Orientation (previous caregiver/employee within 12 months)
  • Division 4: Pre-Service Experience and Training (§749.861-869)
    • §749.861 - Pre-Service Experience Requirements for Caregivers (treatment services require experience/observation)
    • §749.863 - Pre-Service Training Requirements for Caregivers (general 8 hours, normalcy 2 hours, EBI 8-16 hours, safe sleeping, psychotropic medication)
    • §749.864 - Pre-Service Training Requirements for Employees (normalcy 2 hours, EBI 8 hours)
    • §749.865 - Orientation Cannot Count Toward Pre-Service Training
    • §749.867 - Exemptions from Pre-Service Training (previous caregiver/employee within 12 months)
    • §749.868 - Waiving Pre-Service Training Requirements (agency may waive if not directly related)
    • §749.869 - How Pre-Service Training Must Be Conducted (instructor qualifications, competency-based for EBI)
  • Division 5: Curriculum Components for Pre-Service Training (§749.881-889)
    • §749.881 - General Pre-Service Training Curriculum (6 components including trauma informed care, abuse prevention)
    • §749.882 - Normalcy Pre-Service Training Curriculum (6 components including reasonable and prudent parent standard)
    • §749.883 - Safe Sleeping Pre-Service Training Curriculum (3 components: shaken baby syndrome, SIDS prevention, brain development)
    • §749.885 - Administering Psychotropic Medication Curriculum (5 components: identification, pharmacology, techniques, consent, policies)
    • §749.887 - EBI Training Curriculum (If Not Allowed) (9 components focusing on de-escalation)
    • §749.889 - EBI Training Curriculum (If Allowed) (75% de-escalation, 25% restraint techniques, 10 components)
  • Division 6: Pediatric First Aid and Pediatric CPR Certification (§749.911-915)
    • §749.911 - Who Must Have Pediatric First Aid and CPR (all caregivers, one foster parent before placement, others within 90 days)
    • §749.913 - Exemptions from Pediatric First Aid and CPR (extended absence, transportation-only staff)
    • §749.915 - Documentation Requirements (certificate, expiration date, trainer qualifications, hours)
  • Division 7: Annual Training (§749.930-939)
    • §749.930 - Annual Training Requirements for Caregivers (10 hours child-care/programmatic/primary medical, 25 hours treatment services, specific types required)
    • §749.931 - Annual Training Requirements for Employees (30 hours <1 year experience, 20 hours 1+ years, 15 hours licensed professionals)
    • §749.932 - Exemptions/Waivers for Annual Training (proration for extended absence, waiver after 2 years verification)
    • §749.933 - When Must Annual Training Be Completed (within 12 months, subsequent 12-month periods)
    • §749.935 - Types of Hours/Instruction for Annual Training (workshops, conferences, instructor-led, self-instructional, college courses, carry-over limits)
    • §749.937 - Licensing Does Not Approve Training Resources
    • §749.939 - How Annual Training Must Be Conducted (learning objectives, evaluation, instructor qualifications for EBI/psychotropic medication)
  • Division 8: Topics and Curriculum Components for Annual Training (§749.941-949)
    • §749.941 - Appropriate Topics for Annual Training (13 areas for caregivers, additional areas for employees)
    • §749.943 - Annual Training for Normalcy Curriculum (same as pre-service, further development)
    • §749.944 - Annual Training for Child Abuse Prevention Curriculum (4 components: risk factors, warning signs, reporting procedures, community resources)
    • §749.945 - Annual Training for Administering Psychotropic Medication Curriculum (same as pre-service)
    • §749.947 - Annual Training for Emergency Behavior Intervention Curriculum (reinforce pre-service, develop/refine skills)
    • §749.949 - Documentation Requirements for Annual Training (certificate/letter/statement, participant name, date, title, trainer, hours)
  • Referenced in: FC-MH-01 (Mental & Behavioral Health Support Services - training requirements)
  • Full Document: tac-749-part-04-training-rights.md ✅ Available

Subchapter G: Children's Rights

• §749.1001 - §749.1021 - Comprehensive Children's Rights Requirements
  • §749.1001 - How to Protect Children's Rights (protect rights in foster care/adoptive placement, ensure caregivers don't restrict, remove from abuse/neglect/exploitation)
  • §749.1003 - What Rights Does a Child in Care Have (7 categories: safety and care, family contacts, living a normal life, discipline, plans for child, medical care and records, complaints)
  • §749.1005 - How to Inform Child and Parents of Rights (within 7 days, written copy, simple language, primary language, visual/auditory accommodations, signed statement)
  • §749.1007 - Child's Rights Regarding Education (appropriate education, least restrictive setting, foster parent participation in school meetings, extracurricular activities)
  • §749.1009 - Child's Right Regarding Contact with Parent (allow contact per policies/court order, document plans/restrictions, temporary restrictions require explanation/documentation, monthly re-evaluation if >30 days)
  • §749.1011 - Child's Right Regarding Contact with Siblings (reasonable opportunity, address in record, restrictions require justification, 60-day re-evaluation if >60 days)
  • §749.1013 - Child's Right to Privacy (mail/telephone, restrictions require documentation, monthly re-evaluation if >30 days)
  • §749.1015 - When May Conduct Search (reasonable suspicion of prohibited items, suicidal threats, theft, only caregiver removes clothing, witness requirements)
  • §749.1017 - Body Cavity Search Prohibited (except mouth)
  • §749.1019 - Documentation Requirements for Search (9 required elements: date, child name, reason, description, clothing removed, searcher name, witness, results, resolution)
  • §749.1021 - Prohibited Techniques (chemical/mechanical restraints, seclusion, aversive conditioning, pressure points, rebirthing therapy, hug/holding therapy)
  • Referenced in: Package-Specific/YOUTH TRANSITION SUPPORT SERVICES ADD-ON (normalcy and youth voice)
  • Full Document: tac-749-part-04-training-rights.md ✅ Available

Subchapter H: Foster Care Services - Admission and Placement

• §749.1101 - §749.1291 - Comprehensive Admission and Placement Requirements
  • Division 1: Admissions (§749.1101-1115)
    • §749.1101 - Who May Be Admitted (must meet admission policy guidelines, needs can be met)
    • §749.1103 - Young Adults Remaining in Care After 18 (until 23rd birthday, transition to independence)
    • §749.1105 - Admitting Young Adults (transitional living program, other programs)
    • §749.1107 - Required Information at Time of Admission (16 required elements including allergies, high-risk behaviors, suicide screening)
    • §749.1109 - Placement Agreement Requirements (authorization, medical consent, reason for placement)
    • §749.1111 - Orientation Requirements (within 7 days, 12 policy areas, complaint procedures)
    • §749.1113 - Information to Share with Parent at Placement (policies, rights, transitional living exceptions)
    • §749.1115 - Information to Provide Caregivers (immediate needs, special needs documentation)
  • Division 2: Admission Assessment (§749.1131-1137)
    • §749.1131 - When to Complete Admission Assessment (prior to non-emergency admission)
    • §749.1133 - Required Information for Admission Assessment (16 elements prior to admission, 14 additional elements before initial service plan)
    • §749.1135 - Additional Requirements for Treatment Services (emotional disorder/autism, intellectual disability, primary medical needs, immediate danger/suicide risk)
    • §749.1137 - If Required Information Cannot Be Obtained (reasonable efforts, documentation)
  • Division 3: Required Admission Information (§749.1151-1155)
    • §749.1151 - Medical Requirements at Admission (medical exam within 30 days, primary medical needs within 7 days before/3 days after, immediate exam if abuse/illness symptoms)
    • §749.1153 - Dental Requirements at Admission (under 3 years if recommended, 3+ years appointment within 30 days, exam within 90 days)
    • §749.1155 - Re-Admission Documentation (complete as new admission or update if discharged within 12 months)
  • Division 4: Emergency Admission (§749.1181-1189)
    • §749.1181 - Programs That May Accept Emergency Admissions (all except transitional living)
    • §749.1183 - What Constitutes Emergency Admission (8 circumstances including 72-hour placement, abuse/neglect removal, immediate danger)
    • §749.1185 - Taking Possession from Law Enforcement Officer (must meet Chapter 745 requirements)
    • §749.1187 - When to Complete Admission Assessment for Emergency (within 40 days, treatment services within 30 days)
    • §749.1189 - Required Information at Emergency Admission (9 required elements)
  • Division 5: Foster Care Placement (§749.1251-1255)
    • §749.1251 - Pre-Placement Visit Requirements (child over 6 months, meaningful interval, documentation)
    • §749.1253 - Preparing Child for Placement (discuss circumstances, document understanding)
    • §749.1255 - Sharing Admission Assessment Information with Caregivers (non-emergency: all info prior; emergency: available info at placement, all info within 10 days)
  • Division 6: Subsequent Placement (§749.1281)
    • §749.1281 - Requirements for Moving Child Between Foster Homes (non-emergency: management staff approval, pre-placement visit; emergency: verbal approval, document within 10 days)
  • Division 7: Post-Placement Contact (§749.1291)
    • §749.1291 - Contact Requirements Between Staff and Children (monthly face-to-face, primary medical needs twice monthly, at least half in foster home, private opportunity)
  • Referenced in: FC-T3C-01 (T3C Basic Foster Family Home Support Services Policy), FC2-01 (Admission Assessment Policy), FC3-01 (Individual Service Planning Policy), FC2-01.1, FC3-01.1
  • Full Document: tac-749-part-05-foster-admission.md ✅ Available

Subchapter I: Foster Care Services - Service Planning and Discharge

• §749.1301 - §749.1377 - Comprehensive Service Planning and Discharge Requirements
  • Division 1: Service Plans (§749.1301-1323)
    • §749.1301 - Preliminary Service Plan Requirements (within 72 hours, immediate needs, treatment services additional requirements)
    • §749.1305 - Who Develops Preliminary Service Plan (child placement staff)
    • §749.1307 - When to Complete Initial Service Plan (within 45 days after admission)
    • §749.1309 - Required Content for Initial Service Plan (based on admission assessment, trauma informed care, 4 service types with specific requirements)
    • §749.1311 - Who Must Be Involved in Initial Service Plan (service planning team: caregivers, professional service providers, treatment services requires 2 professionals)
    • §749.1312 - Separate Meetings Permitted (team may meet in multiple meetings if all informed)
    • §749.1313 - Notice Requirements for Initial Service Plan Meeting (2 weeks advance notice to parents and foster parents)
    • §749.1315 - Professional Service Provider Employment (may be employee or contractor)
    • §749.1317 - Roles of Professional Service Providers (by treatment service type: emotional disorder/autism, intellectual disability, primary medical needs)
    • §749.1319 - Documentation of Professional Participation (name, date, signature, disagreements)
    • §749.1321 - Who Receives Copy of Initial Service Plan (child 14+, parents, caregivers)
    • §749.1323 - When to Implement Service Plan (as soon as signed, no later than 15 days after meeting)
  • Division 2: Service Plan Review and Updates (§749.1331-1339)
    • §749.1331 - Frequency of Service Plan Review (child-care: 180 days; treatment emotional/autism/medical: 90 days; treatment IDD: 180 days first year, then annually)
    • §749.1333 - How Transfer Affects Review Timing (placement change due to needs requires review)
    • §749.1335 - How to Review and Update Service Plan (10 required steps including progress evaluation, new needs, psychotropic medication evaluation, emergency behavior intervention evaluation)
    • §749.1336 - Continuing Previous Service Plan (permitted if preliminary plan completed each admission, reviews continue)
    • §749.1337 - Notification/Participation Requirements Same as Initial Plan
    • §749.1339 - Re-Evaluation of Intellectual Functioning (at least every 3 years, or as determined by psychologist)
  • Division 3: Discharge and Transfer Planning (§749.1361-1377)
    • §749.1361 - Definition of Transfer (move between programs under same permit/location, not same home service change)
    • §749.1363 - Who Must Plan Non-Emergency Discharge/Transfer (caregivers, professional service providers, invite child/parents, 4-day notice)
    • §749.1365 - Foster Home Cannot Release Child Without Agency Consent
    • §749.1367 - To Whom Can Discharge (parent or person with written authorization from parent/court)
    • §749.1369 - Discharging Child Who Is Immediate Danger (caregiver/staff must accompany unless parent/law enforcement transports)
    • §749.1371 - Documentation at Discharge/Transfer (7 required elements including date, circumstances, medications, treatment in progress)
    • §749.1373 - Information to Provide Next Placement (discharge summary with 6 elements, background information, assessments)
    • §749.1377 - What Constitutes Emergency Discharge/Transfer (4 circumstances including parent withdrawal, medical emergency, child absent, immediate danger)
  • Referenced in: FC-T3C-01 (T3C Basic Foster Family Home Support Services Policy), FC3-01 (Individual Service Planning Policy), FC14-01 (Discharge and Permanency Planning Policy), FC-AF-01 (Aftercare Services Policy), FC-MH-01 (Mental & Behavioral Health Support Services), FC-IDD-01 (IDD/Autism Support Services)
  • Full Document: tac-749-part-05-foster-admission.md ✅ Available

Subchapter H: Restriction of Privileges and Emergency Behavior Intervention

• §749.339 - Restriction of Privileges and Emergency Behavior Intervention
  • Referenced in: FC-04 (Crisis Management Policy and Procedure)
• §749.901 - Emergency Behavior Intervention Requirements
  • Referenced in: FC-04 (Crisis Management Policy and Procedure)
• §749.885 - SAMA Training Requirements
  • Referenced in: FC-04 (Crisis Management Policy and Procedure)

Subchapter I: Service Planning (Legacy Reference)

• §749.2605 - Reasonable and Prudent Parent Standard (Normalcy); see §749.1311 for youth involvement in service planning
  • Referenced in: Package-Specific/YOUTH TRANSITION SUPPORT SERVICES ADD-O

Subchapter J: Discharge Planning

• §749.503 - Discharge Planning Requirements
  • Referenced in: FC14-01 (Discharge and Permanency Planning Policy), FC-AF-01 (Aftercare Services)
• §749.1361 - §749.1363 - Discharge Documentation
  • Referenced in: FC14-01 (Discharge and Permanency Planning Policy)

Subchapter K: Quality Assurance

• §749.131 - Continuous Quality Improvement Program
  • Referenced in: FC-AF-01.1 (Aftercare Services Procedure)
• §749.361 - Quality Improvement Requirements
  • Referenced in: FC-AF-01 (Aftercare Services Policy)
• §749.665 - Quality Assurance
  • Referenced in: FC14-01 (Discharge and Permanency Planning Policy)
• §749.673 - Service Planning Reviews
  • Referenced in: FC14-01 (Discharge and Permanency Planning Policy)

Subchapter L: Foster Care Services: Emergency Behavior Intervention

• §749.2001 - §749.2383 - Comprehensive Emergency Behavior Intervention Requirements
  • Division 1: Definitions (§749.2001)
    • §749.2001 - Definitions (Transitional hold, Triggered review)
  • Division 2: Types of EBI That May Be Administered (§749.2051-2063)
    • §749.2051 - Types Permitted (short personal restraint, personal restraint, emergency medication)
    • §749.2053 - Who May Administer (qualified caregivers)
    • §749.2055 - Actions Before Using (attempt less restrictive, determine emergency basis)
    • §749.2059 - Appropriate Use for Short Personal Restraint
    • §749.2061 - Precautions for Short Personal Restraint (prohibited techniques)
    • §749.2063 - Prohibited Purposes (punishment, retribution, compliance, convenience, substitute for treatment)
  • Division 3: Orders (§749.2101-2107)
    • §749.2101 - Written Orders Required (chart showing requirements by type)
    • §749.2103 - Order Must Be in Record Before Use
    • §749.2105 - Required Information in Written Orders (9 required elements)
    • §749.2107 - PRN Orders Conditions (30-day review requirements)
  • Division 4: Responsibilities During Administration (§749.2151-2153)
    • §749.2151 - Caregiver Responsibilities (de-escalation failed, minimize harm, protect privacy/dignity, explain release criteria)
    • §749.2153 - When to Release Child (immediate health emergency, danger passed, time limits)
  • Division 5: Additional Responsibilities During Personal Restraint (§749.2201-2205)
    • §749.2201 - Who Must Monitor (qualified caregiver, monitor breathing/physical distress)
    • §749.2203 - Appropriate Action for Respiration/Circulation (signs of distress)
    • §749.2205 - Prohibited Restraint Techniques (breathing impairment, airway obstruction, prone/supine restrictions)
  • Division 6: Combinations of EBI (§749.2231-2233)
    • §749.2231 - Successive Use (requires policies, orders, clinical justification, basic needs during)
    • §749.2233 - Simultaneous Emergency Medication with Personal Restraint (requires policies, orders, dual justification)
  • Division 7: Time Restrictions (§749.2281-2283)
    • §749.2281 - Maximum Length of Time (short personal restraint: 1 minute; personal restraint: 30 minutes)
    • §749.2283 - Cannot Exceed Maximum Time
  • Division 8: Caregiver Responsibilities After Administration (§749.2301-2307)
    • §749.2301 - Follow-up Actions (transition, 15-minute observation, discussion within 48 hours, debriefing)
    • §749.2303 - Documentation After Discussion (date/time, child's reaction, content)
    • §749.2305 - Documentation Requirements (12 required elements, within 24 hours)
    • §749.2307 - Parent Notice (within 72 hours, 6 required elements)
  • Division 9: Triggered Reviews (§749.2331-2339)
    • §749.2331 - Circumstances That Trigger Review (4 times in 7 days, 12+ in 30 days, 3 emergency meds in 30 days)
    • §749.2333 - When Review Must Occur (within 30 days)
    • §749.2335 - Who Must Participate (service planning team, invite child/parents)
    • §749.2337 - What Review Must Include (5 required elements)
    • §749.2339 - Four Triggered Reviews in 90 Days (requires licensed professional examination)
  • Division 10: Overall Agency Evaluation (§749.2381-2383)
    • §749.2381 - What is Overall Agency Evaluation (annual review, objectives, focus areas)
    • §749.2383 - Data Collection (quarterly reporting, 15 days after quarter end, maintain 5 years)
  • Referenced in: FC-04 (Crisis Management Policy and Procedure), FC-MH-01 (Mental & Behavioral Health Support Services), FC-IDD-01 (IDD/Autism Support Services)
  • Full Document: tac-749-part-07-foster-behavior.md ✅ Available

Subchapter L: Home Screening and Verification

• §749.811 - §749.815 - Background Check Requirements
  • Referenced in: FC17-01.1 (Foster Home Studies Procedure)
• §749.2751 - §749.2757 - Physical Site Requirements
  • Referenced in: FC17-01.1 (Foster Home Studies Procedure)

Subchapter M: Foster Homes: Screenings and Verifications

• §749.2401 - §749.2655 - Comprehensive Foster Home Screening and Verification Requirements
  • Division 1: General Requirements (§749.2401-2407)
    • §749.2401 - Verifying Individual Spouse as Foster Parent
    • §749.2403 - Minimum Age Requirement (21 years old)
    • §749.2405 - Re-verification When Single Foster Parent Marries
    • §749.2407 - Multiple Agency Verification Restrictions
  • Division 2: Foster Home Screenings (§749.2445-2453)
    • §749.2445 - What is a Foster Home Screening (must complete prior to verification)
    • §749.2447 - Required Information for Screening (23 categories including age, education, personal characteristics, relationships, financial status, background checks, health, motivation, etc.)
    • §749.2449 - Required Interviews (individual, joint, family group, neighbors, community members)
    • §749.2451 - Documentation Requirements for Interviews
    • §749.2453 - When to Update Foster Home Screening (major life changes, verification changes)
  • Division 3: Verification of Foster Homes (§749.2470-2497)
    • §749.2470 - Steps to Verify a Foster Family Home (9-step process)
    • §749.2473 - Verifying Previously Verified Homes
    • §749.2475 - Releasing Background Information to Other Agencies
    • §749.2477 - §749.2479 - Management Staff Approval and Placement Restrictions
    • §749.2481 - §749.2489 - Verification Certificate Requirements and Licensing Submissions
    • §749.2491 - §749.2497 - Multiple Services, Day Care, Transfer/Closing Summaries
  • Division 4: Temporary, Time-Limited, and Provisional Verifications (§749.2520-2539)
    • §749.2520-2525 - Temporary Verification (up to 6 months, for moves)
    • §749.2526-2531 - Time-Limited Verification (pre-determined end date)
    • §749.2533-2539 - Provisional Verification (for transfers between agencies)
  • Division 5: Capacity and Child/Caregiver Ratio (§749.2550-2557)
    • §749.2550 - Definition of "Children with Primary Medical Needs Requiring Total Care"
    • §749.2551 - Maximum Number of Children (6 children standard, exceptions for siblings up to 8)
    • §749.2555 - How to Determine Capacity (caregivers, age, services, space, bathrooms)
    • §749.2557 - Capacity Exceed Restrictions
  • Division 6: Supervision (§749.2591-2599)
    • §749.2591 - Agency Responsibility for Ensuring Adequate Supervision
    • §749.2593 - Caregiver Responsibilities When Supervising (knowing children, awareness, intervention, etc.)
    • §749.2595 - Video Camera Use for Supervision
    • §749.2597 - Transitional Living Program Supervision Requirements
    • §749.2599 - Child Babysitter Requirements (16+, CPR certified, 8 hours max)
  • Division 7: Normalcy (§749.2601-2607)
    • §749.2601 - Definition of Normalcy
    • §749.2603 - Children Must Participate in Childhood Activities
    • §749.2605 - Reasonable and Prudent Parent Standard (10 factors to consider)
    • §749.2607 - Who Makes Decisions About Childhood Activities (foster parent, not parent)
  • Division 8: Respite Child-Care Services (§749.2621-2635)
    • §749.2621 - Definition of Respite Child-Care Services (planned alternative 24-hour care, >72 hours)
    • §749.2623 - Requirements Before Placing Child for Respite
    • §749.2625 - Information to Share with Respite Providers
    • §749.2627 - Agency Approval Required for Respite
    • §749.2629 - All Requirements Apply to Respite Care
    • §749.2631 - Time Limits (14 consecutive days or 40 days/year, 60 days for investigations)
    • §749.2633 - Frequency Limits for Foster Homes Providing Respite
    • §749.2635 - Placing in Unregulated Homes (babysitting, overnight, respite)
  • Division 9: Agency-Foster Family Relationships (§749.2651-2655)
    • §749.2651 - Accepting Adults into Home (related, DADS client, or young adult)
    • §749.2653 - Unrelated Adult Residency Requirements (background check, evaluation)
    • §749.2655 - Foster Home Notification Requirements (location changes, major life changes, verification changes)
  • Referenced in: FC17-01.1 (Foster Home Studies Procedure), FC18-01.1 (Alternative and Substitute Care Procedure)
  • Full Document: tac-749-part-08-foster-homes-screening.md ✅ Available

Subchapter M: Family Involvement

• §749.1003, §749.1057, §749.1135 - Family Involvement Requirements
  • Referenced in: FC7-01 (Family Connections and Engagement Policy), FC7-01.1
• §749.2407 - Family Engagement
  • Referenced in: FC7-01.1
• §749.2961 - Family Connections
  • Referenced in: FC7-01, FC7-01.1

Subchapter N: Foster Homes: Management and Evaluation

• §749.2801 - §749.2825 - Foster Home Management and Evaluation Requirements
  • §749.2801 - When to Evaluate Foster Homes (every 2 years, major life changes, allegations)
  • §749.2803 - §749.2805 - Changes Affecting Verification and Major Life Changes
  • §749.2807 - §749.2811 - How to Evaluate Compliance and Follow-up
  • §749.2813 - §749.2814 - Two-Year Evaluation and Verification Extension Requirements
  • §749.2815 - Supervisory Visits (quarterly, unannounced, documentation requirements)
  • §749.2817 - §749.2825 - Inactive Status Requirements and Procedures
  • Referenced in: FC17-01.1 (Foster Home Studies Procedure - ongoing evaluation requirements)
  • Full Document: tac-749-part-09-foster-homes-safety.md ✅ Available

Subchapter O: Foster Homes: Health and Safety Requirements, Environment, Space and Equipment

• §749.2901 - §749.3151 - Comprehensive Health, Safety, and Environmental Requirements
  • §749.2901 - §749.2909 - Health and Fire Inspections, Disaster Plans, Smoke Detectors
  • §749.2911 - §749.2917 - Fire Extinguishers, Dangerous Tools, Animals
  • §749.2931 - Tobacco and E-Cigarette Use Policies
  • §749.2961 - §749.2967 - Weapons, Firearms, Explosive Materials, and Projectiles
  • §749.3021 - §749.3043 - Space and Equipment (bedrooms, bathrooms, indoor/outdoor space, unsafe products)
  • §749.3061 - §749.3079 - Nutrition and Food Preparation Requirements
  • §749.3101 - §749.3111 - Transportation Requirements
  • §749.3131 - §749.3151 - Swimming Pools, Bodies of Water, and Water Safety
  • Referenced in: FC17-01.1 (Foster Home Studies Procedure - health and safety requirements)
  • Full Document: tac-749-part-09-foster-homes-safety.md ✅ Available

Subchapter N: Alternative and Substitute Care

• §749.2621, §749.2627, §749.2629, §749.2631, §749.2633, §749.2635 - Alternative and Substitute Care Requirements
  • Referenced in: FC18-01.1 (Alternative and Substitute Care Procedure)

Subchapter P: Foster-Adoptive Homes and Legal Risk Placements

• §749.3201 - §749.3221 - Foster-Adoptive Homes and Legal Risk Placements
  • §749.3201 - Verification of Foster-Adoptive Homes (may verify same applicant as foster and adoptive)
  • §749.3203 - Rules for Verifying Foster-Adoptive Homes (must follow both foster and adoptive rules)
  • §749.3221 - Definition of Legal Risk Placement
  • Referenced in: FC14-01 (T3C Discharge and Permanency Planning Policy - legal risk placements as permanency option)
  • Full Document: tac-749-part-10-foster-adoptive.md ✅ Available

Subchapter Q: Adoption Services - Children

• §749.3301 - §749.3465 - Adoption Services for Children
  • §749.3301 - Legal Authority for Placement (consent requirements)
  • §749.3321 - §749.3327 - Adoption Service Plan (40-day completion timeline)
  • §749.3341 - §749.3353 - Preparation for Adoption (quarterly contacts, professional assessments)
  • §749.3371 - §749.3375 - Placement Requirements (pre-placement visits, agreements)
  • §749.3391 - §749.3395 - Required Information (HSEGH report, health history, family history)
  • §749.3421 - §749.3431 - Post-Placement Supervision (face-to-face contacts, counseling services)
  • §749.3461 - §749.3465 - Post-Adoption Services (counseling, supplemental information, adoption records)
  • Referenced in: FC14-01 (T3C Discharge and Permanency Planning Policy - adoption as permanency option)
  • Full Document: tac-749-part-10-foster-adoptive.md ✅ Available

Subchapter R: Adoption Services - Birth Parents

• §749.3501 - §749.3573 - Adoption Services for Birth Parents
  • §749.3501 - Information Requirements for Birth Parents
  • §749.3503 - Contact Requirements (2 face-to-face contacts, quarterly contact)
  • §749.3521 - §749.3523 - Termination of Parental Rights Requirements
  • §749.3571 - §749.3573 - Post-Adoption Services (counseling, genetic information)
  • Full Document: tac-749-part-11-adoption-parents.md ✅ Available

Subchapter S: Adoption Services - Adoptive Parents

• §749.3601 - §749.3781 - Adoption Services for Adoptive Parents
  • §749.3601 - Information Requirements for Prospective Adoptive Applicants
  • §749.3621 - §749.3637 - Adoptive Home Screening Requirements (23 required information categories)
  • §749.3661 - §749.3663 - Basic Care and Safety Requirements
  • §749.3691 - Pre-Placement Requirements (quarterly contacts)
  • §749.3721 - §749.3729 - Pre-Adoption Consummation Activities
  • §749.3741 - §749.3753 - Post-Placement Adoptive Report (5-month minimum residency)
  • §749.3771 - Counseling Services Requirements
  • §749.3781 - Subsequent Adoptions Requirements
  • Referenced in: FC14-01 (T3C Discharge and Permanency Planning Policy - adoption as permanency option)
  • Full Document: tac-749-part-11-adoption-parents.md ✅ Available

Subchapter T: Assessment Services Program

• §749.3801 - §749.3897 - Additional Requirements for Child-Placing Agencies That Provide an Assessment Services Program
  • §749.3801 - Regulation Scope
  • §749.3831 - Admission Requirements
  • §749.3861 - §749.3871 - Plan for the Assessment (10-day timeline, content requirements)
  • §749.3891 - §749.3897 - Assessment Report (30-45 day completion, content requirements)
  • Full Document: tac-749-part-12-special-programs.md ✅ Available

Subchapter V: Trafficking Victim Services

• §749.4001 - §749.4267 - Additional Requirements for Child-Placing Agencies That Provide Trafficking Victim Services
  • §749.4001 - §749.4007 - Definitions, Scope, and Rule Replacements
  • §749.4051 - §749.4055 - Required Policies (child-care, safety/security, confidentiality)
  • §749.4101 - §749.4103 - Personnel Qualifications (treatment directors, volunteers)
  • §749.4151 - §749.4157 - Comprehensive Training Requirements (pre-service and annual)
  • §749.4251 - §749.4267 - Admission and Service Planning (medical, behavioral health, substance abuse screenings)
  • Full Document: tac-749-part-12-special-programs.md ✅ Available

Subchapter W: Kinship Foster Homes

• §749.4401 - §749.4581 - Kinship Foster Home Requirements
  • §749.4401 - Definitions for Subchapter W
  • §749.4403 - Scope
  • §749.4421 - §749.4429 - Pre-Verification and Ongoing Training Requirements
  • §749.4441 - §749.4451 - Admission and Placement
  • §749.4461 - §749.4463 - Medical and Dental Requirements
  • §749.4471 - §749.4493 - Daily Care, Education, and Discipline
  • §749.4501 - §749.4523 - Screenings and Verifications
  • §749.4551 - §749.4581 - Health and Safety Requirements, Environment, Space, and Equipment
  • Referenced in: FC-KIN-01 (Kinship Caregiver Support Services Add-On Policy), FC-KIN-01.1 (Kinship Caregiver Support Services Add-On Procedure), FC-T3C-01 (T3C Basic Policy - Kinship Add-On section)
  • Full Document: tac-749-part-13-kinship-appendix.md ✅ Available

Appendix A: Definitions

• §745.21 - Definitions for Licensing
  • Comprehensive glossary of terms used throughout Chapter 749
  • Full Document: Included in tac-749-part-13-kinship-appendix.md ✅ Available

Key Requirements Relevant to Refuge House

Service Planning (§749.1301-1335)

• 30-Day Service Plan Timeline (§749.1301) - CRITICAL HIGH WEIGHT STANDARD
  • Service plans must be completed within 30 days of placement
  • Referenced in: FC-T3C-01, FC3-01, FC2-01, FC3-01.1
  • All policies emphasize compliance with this timeline

Admission Assessment (§749.1301-1317)

• Assessment Timelines:
  • Emergency Placement: Assessment initiated within 24 hours
  • Routine Placement: Assessment follows standard timelines
• Required Components:
  • Trauma history and previous experiences
  • Attachment patterns and relationships
  • Behavioral incidents in past 30 days
  • Medical/mental health diagnoses
  • Educational placement and needs
  • Cultural/religious background
• Referenced in: FC2-01 (Admission Assessment Policy), FC2-01.1 (Admission Assessment Procedure)

Medical and Dental Care (§749.1401-1435)

• Comprehensive healthcare coordination requirements
• STAR Health coordination protocols
• Referenced in: FC10-01, FC10-01.1, FC10-01.2

Crisis Management (§749.339, §749.901)

• Emergency behavior intervention requirements
• Personal restraint protocols
• SAMA training requirements
• Referenced in: FC-04 (Crisis Management Policy and Procedure)

Discharge Planning (§749.503, §749.1361-1363)

• Comprehensive discharge planning requirements
• Documentation and information transfer protocols
• Referenced in: FC14-01, FC-AF-01

Where This Document is Referenced in Refuge House Policies

Policies Referencing TAC Chapter 749

1. FC-T3C-01 - T3C Basic Foster Family Home Support Services Policy

   • References: §749.1301-1335 (Service Planning Requirements)
   • Specific: §749.1301 (30-Day Service Plan Timeline) - HIGH WEIGHT STANDARD

2. FC2-01 - Admission Assessment Policy

   • References: §749.1301, §749.1303, §749.1305, §749.1309, §749.1311, §749.1313, §749.1315, §749.1317

3. FC2-01.1 - Admission Assessment Procedure

   • References: §749.1301, §749.1303, §749.1305, §749.1309, §749.1311, §749.1313, §749.1315, §749.1317, §749.1401, §749.1409

4. FC3-01 - Individual Service Planning Policy

   • References: §749.1301-1335 (Service Planning Requirements)
   • Specific: §749.1301 (30-Day Service Plan Timeline) - HIGH WEIGHT STANDARD

5. FC3-01.1 - Individual Service Planning Procedure

   • References: §749.1301-1335

6. FC7-01 - Family Connections and Engagement Policy

   • References: §749.1135, §749.1301-1335, §749.2961

7. FC7-01.1 - Family Connections and Engagement Procedure

   • References: §749.503, §749.631, §749.665, §749.1003, §749.1057, §749.1135, §749.1301-1335, §749.2407, §749.2961

8. FC10-01 - Physical and Mental Health Care Policy

   • References: §749.1401-1463 (Medical and Dental Care)

9. FC10-01.1 - Physical and Mental Health Care Procedure

   • References: §749.1401-1435, §749.1801-1819

10. FC10-01.2 - STAR Health Coordination Procedure

    • References: §749.1401-1435, §749.1461-1463

11. FC14-01 - T3C Discharge and Permanency Planning Policy

    • References: §749.503, §749.665, §749.673, §749.1361-1363

12. FC14-01.1 - T3C Discharge and Permanency Planning Procedure

    • References: TAC Chapter 749 Minimum Standards

13. FC17-01.1 - Foster Home Studies Procedure

    • References: §749.1301-1335, §749.811-815, §749.2751-2757

14. FC18-01.1 - Alternative and Substitute Care Procedure

    • References: §749.2621, §749.2627, §749.2629, §749.2631, §749.2633, §749.2635

15. FC-04 - Crisis Management Policy and Procedure

    • References: §749.339, §749.901, §749.1309, §749.885

16. FC-AF-01 - Aftercare Services Policy and Procedure

    • References: §749.503, §749.1335, §749.361, §749.131

17. FC-AF-01.1 - Aftercare Services Procedure

    • References: §749.503, §749.1335, §749.361, §749.131

18. FC-KIN-01 - Kinship Caregiver Support Services Add-On Policy

    • References: Subchapter W (Kinship Foster Homes) - See Part 13 for full requirements
    • Related sections: §749.4401-4581

19. FC-KIN-01.1 - Kinship Caregiver Support Services Add-On Procedure

    • References: Subchapter W (Kinship Foster Homes) - See Part 13 for full requirements
    • Related sections: §749.4401-4581

Search Tips

• For Service Planning: Search for §749.1301-1335
• For Admission Requirements: Search for §749.1301-1317
• For Medical Care: Search for §749.1401-1435
• For Crisis Management: Search for §749.339, §749.901
• For Required Plans and Policies: Search for §749.101-141 or see Part 02
• For Operational Responsibilities: Search for §749.151-159 or see Part 02
• For Fiscal Requirements: Search for §749.161-273 or see Part 02
• For Branch Office Requirements: Search for §749.301-307 or see Part 02
• For Serious Incident Reporting: Search for §749.501-519 or see Part 03
• For Record Keeping Requirements: Search for §749.529-587 or see Part 03
• For Staff Qualifications: Search for §749.603-769 or see Part 03
• For Training Requirements: Search for §749.801-949 or see Part 04
• For Children's Rights: Search for §749.1001-1021 or see Part 04
• For Admission Requirements: Search for §749.1101-1115 or see Part 05
• For Admission Assessment: Search for §749.1131-1137 or see Part 05
• For Emergency Admission: Search for §749.1181-1189 or see Part 05
• For Service Planning: Search for §749.1301-1339 or see Part 05
• For Discharge Planning: Search for §749.1361-1377 or see Part 05
• For Medical/Dental Care: Search for §749.1401-1437 or see Part 06
• For Medication Administration: Search for §749.1461-1611 or see Part 06
• For Infant/Toddler Care: Search for §749.1801-1841 or see Part 06
• For Educational Services: Search for §749.1891-1895 or see Part 06
• For Discipline Requirements: Search for §749.1951-1961 or see Part 06
• For Emergency Behavior Intervention: Search for §749.2001-2383 or see Part 07
• For Foster Home Screenings: Search for §749.2445-2453 or see Part 08
• For Foster Home Verification: Search for §749.2470-2497 or see Part 08
• For Capacity Requirements: Search for §749.2551-2557 or see Part 08
• For Normalcy & Reasonable Prudent Parent: Search for §749.2601-2607 or see Part 08
• For Foster Home Management: Search for §749.2801-2825 or see Part 09
• For Foster Home Health/Safety: Search for §749.2901-3151 or see Part 09
• For Foster-Adoptive Homes: Search for §749.3201-3221 or see Part 10
• For Adoption Services (Children): Search for §749.3301-3465 or see Part 10
• For Adoption Services (Birth Parents): Search for §749.3501-3573 or see Part 11
• For Adoption Services (Adoptive Parents): Search for §749.3601-3781 or see Part 11
• For Assessment Services: Search for §749.3801-3897 or see Part 12
• For Trafficking Victim Services: Search for §749.4001-4267 or see Part 12
• For Kinship Foster Homes: Search for §749.4401-4581 or see Part 13

Note: Full document stored as chapter-749-cpa.pdf in regulatory-references/source-pdfs/

Split Markdown Documents

The Chapter 749 document is being converted to markdown format, split into 13 parts for efficient AI processing. Individual parts are available in tac-749-parts/:

• Part 05: Foster Care Admission & Service Planning (§749.1301-1335) - Most frequently referenced
• Part 06: Medical/Dental Care & Medication (§749.1401-1435, §749.1801-1819)
• Part 07: Emergency Behavior Intervention (§749.339, §749.901)
• Part 08: Foster Home Screenings & Verifications (§749.811-815, §749.1301-1335)
• Part 02: ✅ AVAILABLE - Organization & Administration (§749.101-425) - View Part 02
• Part 03: ✅ AVAILABLE - Reports, Record Keeping & Staff (§749.501-769) - View Part 03
• Part 04: ✅ AVAILABLE - Training & Children's Rights (§749.801-1021) - View Part 04
• Part 05: ✅ AVAILABLE - Admission & Service Planning (§749.1101-1377) - View Part 05
• Part 06: ✅ AVAILABLE - Medical & Dental Care, Daily Care (§749.1401-1675, §749.1801-1961) - View Part 06
• Part 07: ✅ AVAILABLE - Emergency Behavior Intervention (§749.2001-2383) - View Part 07
• Part 08: ✅ AVAILABLE - Foster Homes: Screenings & Verifications (§749.2401-2655) - View Part 08
• Part 09: ✅ AVAILABLE - Foster Homes: Management & Health/Safety (§749.2801-2825, §749.2901-3151) - View Part 09
• Part 10: ✅ AVAILABLE - Foster-Adoptive Homes & Adoption Services: Children (§749.3201-3221, §749.3301-3465) - View Part 10
• Part 11: ✅ AVAILABLE - Adoption Services: Birth & Adoptive Parents (§749.3501-3573, §749.3601-3781) - View Part 11
• Part 12: ✅ AVAILABLE - Special Programs: Assessment & Trafficking Victim Services (§749.3801-3897, §749.4001-4267) - View Part 12
• Part 13: ✅ AVAILABLE - Kinship Foster Homes & Appendix A (§749.4401-4581, §745.21) - View Part 13

Conversion Guide: See TAC-749-CONVERSION-GUIDE.md for details on the split structure and conversion process.

Last Updated: January 2025