Reference Document

tac-749-part-02-organization

Refuge House, Inc.
Last updated: July 24, 2026 · Source: regulatory-references/markdown/tac-749-parts/tac-749-part-02-organization.md

Subchapter C: Organization and Administration

Division 1: Required Plans and Policies, Including During the Application Process

§749.101. What plans must I submit for Licensing's approval as part of the application process?

Effective Date: January 2017

As part of the application process, you must submit the following plans to us for approval:

  1. An operation plan that must include [Low]:

    • (A) The location and telephone numbers of all of your offices, including branch offices [Low];
    • (B) Your hours of operation at your main office and any branch offices [Low]; and
    • (C) A list of persons or officers and their titles who comprise the governing body, if applicable [Low];

  2. A fiscal plan that includes [Medium-Low]:

    • (A) A detailed estimate of the operating costs of the agency for the first three months [Medium-Low];
    • (B) Documentation of reserve funds or available credit at least equal to operating costs for the first three months [Medium];
    • (C) An estimated 12-month budget of income and expenses [Medium-Low]; and
    • (D) Predictable funds sufficient for the first year of operation [Medium];

  3. A plan to evaluate the effectiveness of your system for meeting the rules of this chapter, including evaluating the accuracy of foster home screenings and the comprehensiveness of the supervisory visits. This plan must describe how your evaluation process will [Medium]:

    • (A) Identify problems, including deficiencies [Medium];
    • (B) Correct the problems identified [Medium]; and
    • (C) Document the problems identified and when and how the problems were corrected [Medium]; and

  4. A plan to ensure that you will [Medium]:

    • (A) Investigate reports of minimum standards violations, upon our request [Medium-High]; and
    • (B) Submit reports of your agency's investigative actions and finding to us within 30 days for our review, follow-up, and closure [Medium].

§749.103. What policies and procedures must I submit for Licensing's approval as part of the application process?

Effective Date: September 2022

(a) You must develop the policies and procedures identified in subsection (b) of this section. Your policies and procedures must comply with or exceed the minimum standards specified in this chapter, Chapter 42 of the Human Resources Code, and Chapter 745 of this title (relating to Licensing), and any other applicable law [Medium].

(b) As part of the application process, you must submit the following policies and procedures to us for our approval:

  1. Policies and procedures related to record keeping, including where the records will be located. The policies must be consistent with Subchapter D of this chapter (relating to Reports and Records Keeping) [Medium];

  2. Personnel policies and procedures consistent with §749.105 of this title (relating to What are the requirements for my personnel policies and procedures?) [Medium];

  3. Conflict of interest policies consistent with §749.107 of this title (relating to What must my conflict of interest policies include?) [Medium];

  4. Admission policies consistent with §749.109 of this title (relating to What must my admission policies include?) [Medium];

  5. Placement policies consistent with §749.111 of this title (relating to What must my placement policies include?) [Medium];

  6. Child-care policies consistent with §749.113 of this title (relating to What child-care policies must I develop?) [Medium];

  7. Emergency behavior intervention policies consistent with §749.115 of this title (relating to What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?) [Medium-High];

  8. Discipline policies consistent with §749.117 of this title (relating to What are the requirements for my discipline policies for children in care?) [Medium];

  9. Foster care policies consistent with §749.119 of this title (relating to What foster care policies must I develop?) [Medium];

  10. Rights and responsibilities of the child-placing agency and the foster parents consistent with §749.121 of this title (relating to What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?) [Medium-Low];

  11. Additional policies for foster parents that provide treatment services consistent with §749.123 of this title (relating to What policies must I develop regarding foster parents who provide treatment services to a child with primary medical needs?) [Medium];

  12. Additional policies for foster parents who offer a transitional living program consistent with §749.125 of this title (relating to What policies must I develop for foster parents who offer a transitional living program?) [Medium-Low];

  13. Policies for babysitters, overnight care providers, and respite care providers consistent with §749.127 of this title (relating to What policies must I develop for babysitters, overnight care providers, and respite care providers?) [Medium-Low];

  14. Policies for a legal risk placement program consistent with §749.129 of this title (relating to What policies must I develop for a legal risk placement program for foster-adoptive families?) [Medium-Low];

  15. Adoption policies, if applicable, consistent with §749.131 of this title (relating to What policies must I develop if I offer adoption services?) [Medium-Low];

  16. Volunteer policies consistent with §749.133 of this title (relating to What policies must I develop if I use volunteers?) [Medium-Low];

  17. Abuse and neglect policies consistent with §749.135 of this title (relating to What abuse and neglect policies must I develop?) [Medium-High];

  18. An appeal process for adult clients consistent with Division 8 of this subchapter [Low];

  19. A weapons, firearms, explosive materials, and projectiles policy, for foster care services, consistent with Division 3 of Subchapter O (relating to Weapons, Firearms, Explosive Materials, and Projectiles) [High];

  20. A tobacco and e-cigarette policy consistent with §749.2931 of this title (relating to What policies must I enforce regarding tobacco products and e-cigarettes?) [Medium-High]; and

  21. A suicide prevention, intervention, and postvention policy consistent with §749.136 of this division (relating to What suicide prevention, intervention, and postvention policy must I have?). [Medium-High]

§749.105. What are the requirements for my personnel policies and procedures?

Effective Date: April 2022

Your personnel policies and procedure must [Medium]:

  1. Include an organizational chart showing the administrative, professional, and staffing structures and lines of authority [Medium];

  2. Include written job descriptions, including minimum qualifications and job responsibilities for each position [Medium];

  3. Include a written professional staffing plan that [Medium]:

    • (A) Demonstrates that the number, qualifications, and responsibilities of professional positions, including the child-placing agency administrator, are appropriate for the size and scope of your services and that workloads are reasonable enough to meet the needs of the children in care [Medium];
    • (B) Describes in detail the qualifications, duties, responsibilities, and authority of professional positions. For each position, the plan must show whether employment is on a full-time, part-time, or continuing consultative basis. For part-time and consulting positions, the plan must specify the number of hours and frequency of services, if applicable [Medium]; and
    • (C) Describes how staff or service providers support clients served through branch offices [Medium];

  4. Include written training requirements for employees and caregivers [Medium];

  5. Comply with background check requirements outlined in Subchapter F of Chapter 745 of this title (relating to Background Checks) [High];

  6. Require your employees to report serious incidents and suspected abuse, neglect, or exploitation. An employee who suspects abuse, neglect, or exploitation must report the employee's suspicion directly to the Texas Abuse and Neglect Hotline, as directed by Texas Family Code §261.101(b). An employee may not delegate the responsibility to make a report, and you may not require an employee to seek approval to file a report or to notify you that a report was made [High];

  7. Require that all employees and consulting, contracting, and volunteer professionals who work with a child and others with access to information about a child be informed in writing of their responsibility to maintain child confidentiality [Medium]; and

  8. Either adopt the model drug testing policy or have a written drug testing policy that meets or exceeds the criteria in the model policy provided in §745.4151 of this title (relating to What drug testing policy must my residential child-care operation have?) [Medium-High].

Technical Assistance

Regarding subsection (6), if it is known by others in the chain of command that someone already reported a particular suspicion of abuse, neglect, or exploitation then those persons are not required to make reports on that particular suspicion as well.

§749.107. What must my conflict of interest policies include?

Effective Date: January 2017

Your conflict of interest policies must include [Medium]:

  1. A statement that child placement staff and child placement management staff will not conduct, review, or approve foster home screenings, adoptive home screenings, or post-placement adoptive reports if there is a conflict of interest or bias with the family or the child. For example, there would be a conflict of interest if the staff is related to or has a personal relationship with the family or the child [Medium];

  2. A statement that it is a conflict of interest for your agency to verify as a foster parent or approve as an adoptive parent any of the following persons or relatives of any of the following persons: any current owner, member of the governing body, executive director, or any other employee or contract service provider of your agency [Medium];

  3. A code of conduct on the relationship between your agency's owners (including members of the governing body, if applicable), employees, contract service providers, children in placement, children's families, and prospective and current foster and adoptive parents, including required parameters for entering into independent financial relationships or transactions [Medium];

  4. For corporations or other types of business entities, a statement that the majority of the voting members of the governing body must consist of persons who do not have a conflict of interest that would potentially interfere with objective decision making. Persons who have such a conflict of interest include the following [Medium]:

    • (A) Family members of:
      • (i) An officer of the governing body;
      • (ii) The administrator or executive director of the child-placing agency; or
      • (iii) Any person with a controlling interest in the entity's stock; or
    • (B) If the governing body is a non-profit entity, persons who benefit financially from the agency, including but not limited to persons employed by or working at the agency, paid consultants, subcontractors, or vendors; and

  5. For adoptions, you may state whether the person whom you evaluated appears to be suitable for adoption, even if there are other individuals requesting adoption. If you have not evaluated parties of a disputed case, you must refrain from making an adoption or custody recommendation, unless otherwise directed by the court [Medium].

§749.109. What must my admission policies include?

Effective Date: January 2017

Your admission policies must include a description of each program you offer, including [Medium]:

  1. The program's goals and services provided, including whether the program accepts emergency admissions [Medium]; and

  2. The characteristics of the population the program serves, such as gender, age range, behaviors, and diagnoses. If the program includes treatment services, your policy must describe the type of treatment services the program is designed to treat, including emotional disorders, intellectual disability, autism spectrum disorder, primary medical needs, or trafficking victim services [Medium].

§749.111. What must my placement policies include?

Effective Date: January 2017

Your placement policy must include a description of how you will [Medium]:

  1. Ensure that your agency will not place a child before determining that foster care and/or adoption is appropriate for the child [Medium-Low];

  2. Match a child with a foster and/or adoptive home to ensure that the child's needs are met [Medium-Low];

  3. Make every effort to place siblings together and document in each child's record when it is necessary to separate siblings [Medium]; and

  4. Ensure contact between siblings is maintained when siblings are not placed together or document why contact is not appropriate for one or more of the siblings [Medium].

§749.113. What child-care policies must I develop?

Effective Date: January 2017

You must develop policies that describe [Medium]:

  1. Visitation rights between the child and family members and the child and friends [Medium];

  2. The child's right to correspond by mail with family members and friends, including any policies regarding mail restrictions and receipt of electronic messages and mail [Medium];

  3. The child's right to correspond by telephone with family members and friends [Medium-Low];

  4. The child's right to receive and give gifts to family, friends, staff or caregivers, or other children in care, including any restrictions on gifts [Medium-Low];

  5. How a child obtains clothing [Medium-Low];

  6. Personal possessions a child is or is not allowed to have, where the possessions may be stored, and search policies [Medium-Low];

  7. Emergency behavior intervention techniques if the use of emergency behavior intervention is permitted in your agency. The policy must be consistent with §749.115(5) of this title (relating to What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?) [Medium-High];

  8. Any religious program or activity that you offer, including whether children must participate in the program or activity, and if so, with or without caregivers [Medium-Low];

  9. The plans for meeting the educational needs of each child [Medium-Low];

  10. When trips with caregivers away from the home are allowed and what protocols will be used [Medium];

  11. Program expectations and rules that apply to all children, including an overview of your discipline policy [Medium];

  12. Child grievance procedures [Medium];

  13. The types and frequency of reports to parents [Medium];

  14. Procedures for routine and emergency diagnosis and treatment of medical and dental problems [Medium];

  15. Routine health care relating to pregnancy and childbirth, if you admit and/or care for a pregnant child [Medium];

  16. Your plan for providing health-care services to a child with primary medical needs [Medium];

  17. Transitional living policies, if applicable [Medium-Low];

  18. How you will determine whether it is appropriate for a child to use weapons, firearms, explosive materials, and projectiles, if applicable. This information must be consistent with §749.103(b)(19) of this title (relating to What policies and procedures must I submit for Licensing's approval as part of the application process?) [Medium].

§749.115. What emergency behavior intervention policies must I develop if my foster homes are permitted to use emergency behavior intervention?

Effective Date: January 2017

At a minimum, you must develop emergency behavior intervention policies to implement the requirements in Subchapter L of this chapter (relating to Foster Care Services: Emergency Behavior Intervention). The policies must include the following [Medium-High]:

(a) A complete description of emergency behavior interventions that you permit caregivers to use [Medium-High];

(b) The specific techniques that caregivers can use [Medium-High];

(c) The qualifications for caregivers who assume the responsibility for emergency behavior intervention implementation, including required experience and training, and an evaluation component for determining when a specific caregiver meets the requirements of a caregiver qualified in emergency behavior intervention. You must have an on-going program to evaluate caregivers qualified in emergency behavior intervention and the use of emergency behavior interventions [Medium-High];

(d) Your requirements for and restrictions on the use of permitted emergency behavior interventions [Medium-High];

(e) For the orientation required in §749.1111(b)(6) of this title (relating to What orientation must I provide a child?), how you will:

(f) Requirements that caregivers must attempt less restrictive and less intrusive emergency behavior interventions as preventive measures and de-escalating interventions to avoid the use of emergency behavior intervention [Medium-High];

(g) Training for emergency behavior intervention. The policy must include a description of the emergency behavior intervention training curriculum that meets the requirements in the rules of this chapter, the amount and type of training required for different levels of caregivers (if applicable), training content, and how the training will be delivered [Medium-High]; and

(h) Prohibitions for discharging or otherwise retaliating against:

§749.117. What are the requirements for my discipline policies for children in care?

Effective Date: January 2017

(a) You must develop discipline policies for children in foster care or in an adoptive placement prior to consummation that must [Medium]:

  1. Guide caregivers and employees in the methods used for the discipline of children [Medium];

  2. Integrate trauma informed care into the care, treatment, and management of each child [Medium];

  3. Include measures for positive responses to appropriate behavior [Medium];

  4. Include the importance of nurturing behavior, stimulation, and promptly meeting the child's needs [Medium]; and

  5. Include a statement that discipline of any type is not allowable for infants [Medium].

§749.119. What foster care policies must I develop?

Effective Date: January 2017

You must develop foster care policies that include the following [Medium]:

  1. Criteria and procedures for screening and accepting foster parent applicants or agency home caregivers who can meet the needs of the children your agency serves [Medium];

  2. Criteria for making decisions about the number, ages, gender, and needs of children who may be placed in a foster home [Medium];

  3. Pre-service and annual training requirements for foster parents or agency home caregivers that at a minimum meet the requirements of Subchapter F of the Chapter (relating to Training and Professional Development) [Medium-Low]; and

  4. Policies on how you will provide services if the home provides more than one type of care.

§749.121. What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?

Effective Date: January 2017

You must develop policies clearly stating the rights and responsibilities of the child-placing agency and foster parents. The policies must specify [Medium-Low]:

  1. What decisions you will make, what decisions the foster parents will make, and which ones you and the foster parents must agree upon. This policy must support normalcy consistent with Subchapter M, Division 7 of this chapter (relating to Normalcy) [Medium-Low];

  2. For training requirements for foster parents:

    • (A) What part you will provide [Medium-Low];
    • (B) What part the foster parents must acquire on their own [Medium-Low]; and
    • (C) A statement about who will be responsible for training fees, travel expenses, and associated child-care costs [Low];

  3. How you and the foster parents will communicate with each other [Medium-Low];

  4. The amount of reimbursement you will provide the foster parents and when the foster parents will receive it [Low];

  5. The type of relevant information and pre-placement contact you will provide, so the foster parents can make an informed decision about a placement [Medium-Low];

  6. How much discretion the foster parents have in accepting or declining specific placements [Low];

  7. The type and amount of support and services that are available to foster parents, including what support and services you will provide for babysitting, overnight care, and respite child-care services [Medium];

  8. The type of information that the foster parents must report to you and within what time frames [Medium-Low];

  9. The foster parents' role in the services to children in care, including expectations for the foster parents' participation in service planning and implementation of the service plan [Medium-Low];

  10. The foster parents' right to appeal your actions and decisions that affect them and the procedures for making an appeal [Low];

  11. The responsibilities of the child-placing agency and the foster parents for complying with the rules of this chapter [Medium]; and

  12. How foster parents may review their child-placing agency home record [Low].

§749.123. What policies must I develop regarding foster parents who provide treatment services to a child with primary medical needs?

Effective Date: January 2017

Your support and services policies for foster parents that are required in §749.121(a)(7) of this title (relating to What policies must I develop concerning the rights and responsibilities of the child-placing agency and foster parents?) must include the provision of overnight care and respite care for foster parents who provide treatment services to a child with primary medical needs. The policies must include [Medium]:

  1. Making arrangements to provide at least 72 hours of overnight care to the foster parents each year [Medium]; and

  2. Providing respite child care services as necessary [Medium].

§749.125. What policies must I develop for foster parents who offer a transitional living program?

Effective Date: January 2017

For foster parents who offer a transitional living program, you must develop policies that address the following [Medium-Low]:

  1. Criteria used to select participants for the program [Medium-Low];

  2. Supervision of participants consistent with §749.2597 of this title (relating to Where must the caregivers reside in order to supervise children who are in a transitional living program?) [Medium-Low];

  3. Expected behaviors of participants and consequences for failure to comply [Medium];

  4. Training, education, and experiences to be achieved in the program [Low]; and

  5. Roles of participants, agency employees, contract staff, and caregivers [Medium-Low].

§749.127. What policies must I develop for babysitters, overnight care providers, and respite care providers?

Effective Date: January 2017

For both in-home and out-of-home care, you must develop policies specifically for babysitters, overnight care providers, and respite care providers that include [Medium-Low]:

  1. Minimum age for each type of provider [Medium-Low];

  2. Minimum amount and type of prior child-care experience that each type of provider must have [Medium-Low];

  3. Amount and type of training each type of provider must have [Medium-Low];

  4. Reference and background information that foster parents or you must obtain before using each type of provider [Medium-Low];

  5. Number of children that each type of provider can care for [Medium-Low];

  6. Information that the foster parents must share with a provider, including information about the children in care and emergency contact information for the foster parent and the agency [Medium-Low];

  7. Specific care instructions that the foster parents must share with a provider for children with treatment needs [Medium-Low];

  8. A method for contact between the foster parent (and/or the child-placing agency) and provider during the time of the provider's care [Medium-Low];

  9. Procedures for agency review and approval of arrangements [Medium-Low]; and

  10. Requirements for documentation of arrangements, including agency child placement staff review and approval, in the foster home record [Low].

§749.129. What policies must I develop for a legal risk placement program for foster-adoptive families?

Effective Date: January 2017

If you operate a legal risk placement program, you must develop policies that specify [Medium-Low]:

  1. The requirements for foster-adoptive families to participate in this program [Low]; and

  2. Criteria used in selecting children for appropriate legal-risk placements.

§749.131. What policies must I develop if I offer adoption services?

Effective Date: January 2017

You must develop policies for adoption services that include:

  1. Procedures and criteria for qualifying, screening, and selecting adoptive parents, including the [Medium-Low]:

    • (A) Criteria you will use to evaluate potential adoptive parents [Medium-Low];
    • (B) Criteria you will use to make decisions about placing specific children with an adoptive family [Medium-Low]; and
    • (C) Procedures you will use to implement the selection criteria [Medium-Low];

  2. Training and programs for the adoptive parents [Medium-Low];

  3. Statement of the rights and responsibilities of the agency and adoptive parents prior to the consummation of the adoption [Low];

  4. How you will assist the adoptive homes on how to best preserve the cultural identity of the children in their care [Medium-Low];

  5. Fees charged to adoptive parents and reimbursements to birth mothers consistent with Division 5 of this subchapter (relating to Financial Assistance to Birth Mothers) [Low];

  6. Services that will be offered to birth parents [Low];

  7. Degree to which birth parents may be involved in planning for and placing their child [Low]; and

  8. Post adoption services that will be offered to adoptive parents, adopted children, and birth parents [Low].

§749.133. What policies must I develop if I use volunteers?

Effective Date: January 2017

If you use volunteers, you must develop policies that [Medium-Low]:

  1. Include job descriptions and/or responsibilities for the volunteers [Medium-Low];

  2. Address qualifications, screening, and selection procedures for the volunteers [Medium-Low];

  3. Address orientation and training programs for the volunteers [Medium-Low];

  4. Address supervision of volunteers [Medium-Low]; and

  5. Address volunteer contact with children in care [Medium-Low].

§749.135. What abuse and neglect policies must I develop?

Effective Date: January 2017

You must develop policies on preventing, recognizing, and responding to abuse and neglect of children, including [Medium-High]:

  1. Required annual training for employees [Medium-High];

  2. Methods for increasing employee awareness of issues regarding child abuse and neglect, including warning signs that a child may be a victim of abuse or neglect [Medium-High];

  3. Methods for increasing employee awareness of prevention techniques for child abuse and neglect [Medium-High];

  4. Strategies for coordination between the agency and appropriate community organizations [Medium-High]; and

  5. Actions that the parent of a child who is a victim of abuse or neglect should take to obtain assistance and intervention [Medium-High].

§749.136. What suicide prevention, intervention, and postvention policy must I have?

Effective Date: September 2022

(a) A child-placing agency that is licensed or certified to provide only foster care services or to provide both foster care services and adoption services must adopt either [Medium-High]:

  1. The model suicide prevention, intervention, and postvention policy in §749.137 of this division (relating to What is the model suicide prevention, intervention, and postvention policy?); or

  2. Another suicide prevention, intervention, and postvention policy that is approved by the Executive Commissioner of the Texas Health and Human Services Commission or designee and:

    • (A) Addresses suicide prevention, intervention, and prevention for children in the care of your agency;
    • (B) Is based on current and best evidence-based practices;
    • (C) Requires employees to receive annual suicide prevention training that includes understanding of safety planning and screening for risk;
    • (D) Requires foster parents in homes verified to care for children five years of age or older to complete at least one hour of suicide prevention training:
      • (i) Within a year of being verified; and
      • (ii) every two years thereafter;
    • (E) Promotes suicide prevention training for non-employees, as appropriate; and
    • (F) Includes plans and procedures to support children who return to your agency's care following hospitalization for a mental health condition.

(b) The suicide prevention, intervention, and postvention policy adopted under subsection (a) of this section may be part of a broader mental health crisis plan if the components of the plan include suicide prevention, intervention, and postvention.

§749.137. What is the model suicide prevention, intervention, and postvention policy?

Effective Date: September 2022

(a) Purpose

The purpose of the model suicide prevention, intervention, and postvention policy is to:

  1. Protect the health and well-being of children in an agency's care by implementing procedures to prevent suicide, including screening and assessment procedures for risk of suicide;

  2. Require intervention when a child attempts or dies by suicide; and

  3. Address the needs of children in an agency's care, employees, caregivers, and adoptive parents after a child attempts or dies by suicide.

(b) Definitions

  1. Postvention - Activities that promote healing and reduce the risk of suicide by a person affected by the suicide of another.

  2. Protective factors of suicide - Characteristics that make it less likely that a child will consider, attempt, or die by suicide, including:

    • (A) Effective behavioral health care;
    • (B) Connectedness to individuals, family, community, and social institutions;
    • (C) Supportive relationships with caregivers;
    • (D) Problem-solving skills, coping skills, and ability to adapt to change;
    • (E) Self-esteem or sense of purpose; and
    • (F) Cultural or personal beliefs that discourage suicide.

  3. Risk factors of suicide - Characteristics or conditions that increase the chance that a child may consider, attempt, or die by suicide, including:

    • (A) A prior suicide attempt;
    • (B) Knowing someone who died by suicide, particularly a family member, friend, peer, or hero;
    • (C) Access to lethal means;
    • (D) History of childhood trauma, including neglect, physical abuse, or sexual abuse or assault;
    • (E) A history of being bullied;
    • (F) A mental health diagnosis, particularly depressive disorders and other mood disorders;
    • (G) Abuse of alcohol or drugs;
    • (H) Social isolation;
    • (I) Severe or prolonged stress;
    • (J) Chronic physical pain or illness;
    • (K) Loss of a family member; or
    • (L) The ending of a relationship.

  4. Suicide contagion - Exposure to suicide or suicidal behaviors within a family, or from friends or media reports, that can result in an increase in suicide or suicidal behaviors.

  5. Suicide risk assessment - A comprehensive evaluation of a child by a medical health professional to confirm suspected suicide risk, estimate the immediate danger to the child, and decide on a course of treatment and a plan for intervention to ensure the child's safety.

  6. Suicide risk screening - A procedure in which a standardized instrument is used to identify children who may be at risk of suicide. The screening may be done orally (with the screener asking questions), with pencil and paper, or using a computer.

  7. Warning signs of suicide - Indicators that a child may be in danger of suicide and need help, including:

    • (A) Talking about wanting to die or to hurt or kill oneself;
    • (B) Looking for a way to kill oneself;
    • (C) Being preoccupied with death in conversation, writing, or drawing;
    • (D) Talking about feeling hopeless or having no reason to live;
    • (E) A change in personality;
    • (F) Giving away belongings;
    • (G) Withdrawing from friends and family;
    • (H) Having aggressive or hostile behavior;
    • (I) Neglecting personal appearance;
    • (J) Running away from home or a residential placement; or
    • (K) Risk-taking behavior, such as reckless driving or being sexually promiscuous.

(c) Prevention - Training

  1. Employees and foster parents must complete at least one hour of suicide prevention training as follows [High]:

    • (A) Employees must complete the training annually [Medium];
    • (B) Foster parents verified to care for children five years of age or older must complete the training:
      • (i) Within a year of verification [Medium]; and
      • (ii) Every two years thereafter [Medium]; and
    • (C) The suicide prevention training must meet the instructor and documentation requirements of Subchapter F, Division 7 of this chapter (relating to Annual Training).

  2. The curriculum for the suicide prevention training in paragraph (1) of this subsection must include [Medium]:

    • (A) The risk factors, protective factors, and warning signs of suicide;
    • (B) Understanding safety planning, including:
      • (i) How safety plans are created;
      • (ii) How safety plans are shared with employees and caregivers;
      • (iii) How safety plans are expected to be implemented by employees and caregivers; and
      • (iv) Each employee's or caregiver's role in the prevention of suicide, including never leaving a child alone if the suicide risk screening finds that the child is a high risk for suicide, until a mental health professional conducts a suicide risk assessment; and
    • (C) Understanding suicide screening, including clarifying:
      • (i) Each person's role in the screening process;
      • (ii) When an employee or caregiver should initiate a suicide risk screening for a child; and
      • (iii) What actions an employee or caregiver must take to initiate a suicide risk screening for a child.

  3. The agency must promote suicide prevention training for non-employees, as appropriate. [Low]

(d) Prevention - Suicide Risk Screening

  1. The policy must describe the suicide risk screening tool that you will use and the process for implementing the screenings. [Medium]

  2. The suicide risk screening tool must be supported by evidence-based research demonstrating the tool performs reliably regardless of who administers the tool or performs the scoring or rating. [Medium-High]

  3. Any person who meets the conditions and training requirements of the screening tool manual or instructions may administer the suicide risk screening to a child. You must document that any person conducting a screening meets the conditions and training requirements. [Medium-High]

  4. For children receiving foster care services, the screening tool must be administered:

    • (A) At admission for each child 10 years of age or older [Medium];
    • (B) At admission for each child younger than 10 years of age if:
      • (i) The information provided to the operation at the time of admission indicates that the child has a history of suicide attempts or suicidal thoughts [Medium-High]; or
      • (ii) The parent who admits the child, a foster parent, or child-placing agency requests a screening to be administered because of the child's risk factors or warning signs of suicide [Medium];
    • (C) Every 90 days after admission for all children 10 years of age or older [Medium]; and
    • (D) Immediately for a child of any age whenever the child exhibits warning signs of suicide that necessitate a suicide screening be conducted, including when requested by a foster parent. [Medium-High]

  5. For children receiving adoption services, the screening tool must be administered immediately for a child of any age whenever the child exhibits warning signs of suicide that necessitate a suicide screening be conducted, including when requested by an adoptive parent. [Medium-High]

  6. Any screening must be performed in a manner that protects the child's privacy. [Medium-Low]

  7. Each screening must be documented in the child's record. [Medium]

(e) Intervention - Based on the Results of a Suicide Risk Screening

  1. If the suicide risk screening finds the child to be a high risk for suicide, the agency, caregiver, or adoptive parent must [High]:

    • (A) Immediately refer the child to a mental health professional for a suicide risk assessment;
    • (B) Not leave the child alone until a mental health professional assesses the child;
    • (C) Remove any harmful objects, chemicals, or substances that a child could use to carry out a suicide attempt;
    • (D) Alert each person responsible for the child's care or supervision of the high risk for suicide and any new or updated safety plan; and
    • (E) Upon conclusion of the risk assessment, follow through on recommendations by the mental health professional and update the child's safety plan and service plan accordingly.

  2. If the suicide risk screening finds the child to have a potential for risk of suicide, the agency, caregiver, or adoptive parent must [Medium-High]:

    • (A) Refer the child to a mental health professional for a suicide risk assessment within 24 hours;
    • (B) Closely monitor the child to ensure the child's safety until a mental health professional assesses the child;
    • (C) Remove any harmful objects, chemicals, or substances that a child could use to carry out a suicide attempt;
    • (D) Alert each person responsible for the child's care or supervision of the potential risk of suicide and any new or updated safety plan; and
    • (E) Upon conclusion of the risk assessment, follow through on recommendations by the mental health professional and update the child's safety plan and service plan accordingly.

(f) Intervention - Returning Post Hospitalization

To ensure a child's readiness to return to care under the same child-placing agency following a mental health crisis (for example, from a suicide attempt or psychiatric hospitalization):

  1. Child placement management staff must meet with the child within 24 hours of the child's arrival to a home to discuss protocols that would help to ease the child's transition into the home post hospitalization, ensure the child's safety, and reduce any risk of suicide. [Medium-High]

  2. The protocols must include [Medium-High]:

    • (A) Weekly suicide risk screenings for the first 30 days or until the child is no longer reporting suicidal thoughts, whichever is longer;
    • (B) Creating or reviewing and updating the child's safety plan; and
    • (C) Removal of any harmful objects, chemicals, or substances that a child could use to carry out a suicide attempt or self-harm for a period to be determined by the treatment team, but not less than 30 days.

  3. The agency must alert any persons responsible for the child's care or supervision of the new protocols and new or updated safety plan. [Medium-High]

(g) Postvention

(1) Addressing Suicide Deaths

(A) Create a Postvention Team and Written Action Plan and Protocols. To prevent suicide contagion and support employees, children, caregivers, and adoptive parents, you must create a postvention team. This team is responsible for developing a written action plan with protocols in the event of a death by suicide. The postvention team should consider [Medium]:

(B) While the action plan needs to be flexible for varying situations, the written action plan must include:

(2) Addressing Suicide Attempts

In the event of a suicide attempt according to §749.505 of this chapter (relating to What constitutes a suicide attempt by a child?):

Technical Assistance

  • Regarding subsection (c)(1)(C) for annual suicide prevention training:
    • More than likely training on suicide prevention will have to be tailored for each operation because some of the training is based on an operation's own safety planning and the specific screening tool an operation uses to screen for risk. However, related to training on risk factors, protective factors, and warning signs of suicide, one resource that might be helpful is the AS+K? Basic Gatekeeper Training.
    • An inspector should cite:
      • §749.939(a)(1) – (4) if the training doesn't meet the instructor-led requirements; and
      • §749.949 if the training documentation requirements are not met.
  • Regarding subsection (c)(1) suicide prevention training for employees and foster parents and subsection (d)(3) training on the suicide risk screening tool, both types of training may be used to complete the annual training requirements at §749.930 and §749.931.
  • Regarding subsection (c)(3):
    • Examples of non-employees that may be appropriate for suicide prevention training are non-employees that have routine contact with a child or perform a supervisory role for the child.
    • You do not have to promote suicide prevention training for foster parents verified to care for children five years of age or older because those foster parents are already required to receive routine suicide prevention training.
    • Examples of promoting suicide prevention training include sharing your suicide prevention policies and other relevant resources with the appropriate non-employees or encouraging appropriate non-employees to participate in other specific suicide prevention training.
  • Regarding subsection (d)(2), you may use any evidenced-based screening tool that is appropriate for your program. Two screening tools that are free, evidence-based, and have ample research supporting their validity and reliability, are the:
    • Columbia-Suicide Severity Rating Scale (CSSRS); and
    • Ask Suicide Screening Questions (ASQ).

§749.138. What are the general requirements for an agency's policies and procedures?

Effective Date: September 2022

(a) The requirements for policies only apply to your policies that are required or governed by this chapter.

(b) All employees and caregivers must be aware of and follow your policies and procedures [Medium].

§749.139. What requirements must I follow when adopting my child-placing agency's plans, policies, and procedures?

Effective Date: January 2017

(a) Your agency's plans, policies, and procedures must indicate the date on which you adopted them and their effective date [Medium-Low].

(b) You must formalize the adoption of your agency's plans, policies, and procedures as appropriate for your type of ownership:

  1. If you are a sole proprietor, you must sign them date [Medium-Low];

  2. If you are a partnership, each partner must sign them date [Medium-Low]; or

  3. If you are a corporation or other type of business entity, the governing body must take a written action to adopt (sometimes this may be an order or the adoption may be included in the minutes of the governing body) date [Medium-Low].

§749.141. Can Licensing cite my agency for a deficiency if I fail to operate according to my approved plans, policies, and procedures?

Effective Date: January 2017

Yes, if you violate plans, policies, or procedures, then we may cite the relevant standard in Division 1 of this Subchapter (relating to Plans and Policies Required During the Application Process) as a deficiency.

Technical Assistance

  • Licensing only enforces plans, policies, and procedures required by the minimum standards. For example, Licensing does not enforce your policies on purchase approvals. In addition, Licensing will not cite this standard if you meet a specific minimum standard but do not meet your policy that requires more than the minimum standard. For example, if your policy requires caregivers to complete 12 hours of general pre-service training and inspection results indicate an employee only completed ten hours of training, we will not cite you for failing to meet your policy.
  • If this Chapter contains another relevant minimum standard, then that standard would be cited for failure to comply with a policy. For example and using the same example as above, if an employee only completed six hours of general pre-service training, we will cite §749.863(a)(1) because the minimum standards require eight hours of general pre-service training. However, if there isn't another relevant minimum standard, then we would cite the relevant standard in Division 1. For example, if your professional staffing plan became outdated, then we would cite §749.105(3).

Division 2: Operational Responsibilities and Notifications

§749.151. What are my operational responsibilities?

Effective Date: April 2021

While you are operating, you must:

  1. Have a designated full-time child-placing agency administrator who meets the minimum qualifications of §749.631 of this title (relating to What qualifications must a child-placing agency administrator meet?) [High];

  2. Operate according to your approved plans, policies, and procedures [Medium];

  3. Maintain current, true, accurate, and complete records [Medium];

  4. Allow us to inspect your child-placing agency during its hours of operation [Medium-High];

  5. Allow us to inspect or monitor any of your foster homes at any time [Medium-High];

  6. Not offer unrelated types of services that conflict or interfere with the best interests of a child in care, a caregiver's responsibilities, or space in the homes. If you offer more than one type of service, you must determine and document that no conflict exists [Medium-High];

  7. Comply with the liability insurance requirements in this division [Medium]; and

  8. Prepare the annual budget and control expenditures and ensure compliance with Division 3 of this Subchapter (relating to General Fiscal Requirements) [Medium].

Technical Assistance

Regarding subsection (2), Licensing only enforces this requirement for plans, policies, and procedures required by the minimum standards. For example, Licensing does not enforce your policies on purchase approvals. In addition, Licensing will not cite this standard if you meet a specific minimum standard but do not meet your policy that requires more than the minimum standard. For example, if your policy requires caregivers to complete 12 hours of general pre-service training and inspection results indicate an employee only completed ten hours of training, we will not cite you for failing to meet your policy. But if an employee only completed six hours of training, we will cite you for a deficiency because the minimum standards require eight hours of general pre-service training.

§749.153. What changes must I notify Licensing about regarding my child-placing agency?

Effective Date: October 2023

(a) You must provide written notification to your Licensing Representative:

  1. As soon as possible, but at least 30 days before you:

    • (A) Change the legal structure of your agency or your governing body, if applicable [Medium-Low];
    • (B) Move your agency to another location as required in §745.435 of this title (relating to What must I do if I relocate my operation after I receive my license or certification?) [Medium-High];
    • (C) Open a branch office [Medium]; or
    • (D) Change your agency's or a branch office's hour of operation [Medium-Low];

  2. As soon as possible, but at least 15 days before you:

    • (A) Make changes to the plans required in §749.101(3) and (4) of this subchapter (relating to What plans must I submit for Licensing's approval as part of the application process?) [Medium-Low]; or
    • (B) Make changes to the policies and procedures required in 749.103(b) of this subchapter (relating to What policies and procedures must I submit for Licensing's approval as part of the application process?) [Medium-Low];

  3. As soon as possible, but no later than two days after:

    • (A) You change your child-placing agency administrator, or your child-placing agency administrator position becomes vacant [Medium-High].
    • (B) A new individual becomes a controlling person at your child-placing agency [Medium-High];
    • (C) An individual ceases to be a controlling person at your child-placing agency [Medium-High]; or
    • (D) There is a significant change in the information we maintain about a controlling person, such as a name change or mailing address change [Medium-Low]; and

  4. About a foster home's verification status as described in §749.2489 of this chapter (relating to What information must I submit to Licensing about a foster home's verification status?) [Medium-Low].

(b) You must report to the Texas Abuse and Neglect Hotline as soon as you become aware of any foster or adoptive placements that appear to have been made by someone other than the child's parents or a child-placing agency [Medium-Low].

Technical Assistance

Licensing does not automatically approve an action when you provide the required notice to your Licensing Representative. Additional action may need to be taken by you or Licensing. For example, changing the legal structure of your agency may require a new license; and opening a new branch office requires you to also comply with §749.303 of this title (relating to What must I do before opening a branch office).

§749.154. What is my timeframe for filling my child-placing agency administrator position if it becomes vacant while I do not have a back-up administrator to carry out the administrator duties?

Effective Date: October 2023

If you do not have a back-up child-placing agency administrator when your administrator position becomes vacant, to carry out the duties in §749.635 of this chapter (relating to What responsibilities must the child-placing agency administrator have?), you have 60 days from the date the position becomes vacant to obtain a licensed child-care administrator before we can cite you for not having an administrator.

§749.155. What are the liability insurance requirements?

Effective Date: April 2021

Unless you have an acceptable reason not to have the insurance, you must:

  1. Maintain liability insurance coverage in the amount of $300,000 for each occurrence of negligence that covers injury to a child while the child is on your premises or in your care [Medium]; and

  2. Provide proof of coverage to Licensing each year by the anniversary date of the issuance of your permit. [Medium]

§749.157. What are acceptable reasons not to have liability insurance?

Effective Date: April 2021

(a) You do not have to have liability insurance that meets the requirements of §749.155 of this division (relating to What are the liability insurance requirements?) if you cannot carry insurance because:

  1. Of financial reasons;

  2. You are unable to locate an underwriter who is willing to issue a policy to the operation; or

  3. You have already exhausted the limits of a policy that met the requirements.

(b) If you cannot carry liability insurance or stop carrying the insurance because of a reason listed in subsection (a) of this section, you must send written notification to Licensing by the anniversary date of the issuance of your permit. Your notification must include the reason that you cannot carry the insurance. [Medium]

§749.159. When must I notify parents that I do not carry liability insurance?

Effective Date: April 2021

(a) If you do not carry liability insurance that meets the requirements of §749.155 of this division (relating to What are the liability insurance requirements?), then you must notify the parent of each child in your care in writing that you do not carry liability insurance before you admit the child into your care. [Medium]

(b) If you previously carried the liability insurance and subsequently stop carrying the liability insurance, then you must notify the parent of each child in your care in writing that you do not carry the insurance within 14 days after you stop carrying it. [Medium]

(c) You may use Form 2962, Verification of Liability Insurance, located on the Licensing provider website, to notify parents. Regardless of whether you use this form, you must be able to demonstrate that you provided written notice to the parents of each child in your care.

Technical Assistance

It is important that parents both understand and acknowledge whether your operation carries liability insurance. Possible means of communicating this requirement include:

  • Using a form specific to liability insurance that requires a parent signature that you maintain in the child's file;
  • Including a statement or addendum about liability insurance in your operational policies or parent handbook, and maintain in the child's file a document with a parent signature or initials specifically acknowledging the liability insurance information; or
  • Maintaining a copy of any electronic communication sent to a parent regarding liability insurance, including the date and address to which the communication was sent.

Division 3: General Fiscal Requirements

§749.161. What are my fiscal requirements?

Effective Date: January 2017

(a) You must establish and maintain your agency on a sound fiscal basis, including [Medium]

  1. Paying your employees timely [Medium];

  2. Paying foster parents per your agreement with them [Medium]; and

  3. Making sure the needs of children in care are being met [Medium].

(b) You must maintain complete financial records that comply with Generally Accepted Accounting Principles, including:

  1. Accounting for a child's money separately from the funds of your agency and the foster home. You may not use a child's personal earnings, allowances, or gifts to pay for the child's room and board, unless such a use is a part of the child's service plan and the child's parent approves it in writing. You must give or send the child's money to the child, parent, or next placement within 30 days of the child's discharge [Medium-Low]; and

  2. Making one of the following available for our review:

    • (A) An annual review of your financial records conducted by an independent Certified Public Accountant in accordance with the Generally Accepted Accounting Principles [Medium-Low]; or
    • (B) Proof of reserve funds equal to at least three months of operating expenses for your agency [Medium-Low].

Division 4: Fiscal Requirements for Adoption Agencies

§749.191. What type of financial report must I submit to Licensing if I provide adoption services?

Effective Date: January 2007

(a) You must submit an annual financial report to us on a form that we provide. The report must include [Low]:

  1. Information on adoption-related income from all sources, including the source of the income and the amount [Low]; and

  2. Adoption-related agency expenses, including the expense category and the category detail [Low].

(b) You must submit the financial report to us within 60 days of the end of your agency's fiscal year [Low].

§749.193. May I make payments for adoption referrals?

Effective Date: January 2007

No, you may not make any payments for adoption referrals [Low].

§749.195. What types of fees may I collect prior to the completion and approval of a home study?

Effective Date: January 2007

You may only accept reasonable application fees, home study fees, and fees for education and training of the prospective adoptive parents prior to the completion of the home study [Low].

§749.197. For adoption services, what fee policies must I have?

Effective Date: January 2007

(a) For adoption services, you must have an adoption fee or adoption fee schedule that you apply to all clients. The policy must include the type of expenditures you will meet for birth parents and whether you will do so through an overall fee, pass-through expenses, or some combination. Policies on pass-through expenses must comply with all requirements listed in §749.273 of this title (relating to What must I do if I pass through expenses to adoptive families?) [Low].

(b) If you charge additional fees, your policy must explain clearly what the fees cover. [Low]

(c) You must have a clear policy on refunds [Low].

§749.199. Must I charge the same fees for all adoptions?

Effective Date: January 2007

No, you are not required to charge the same fees for all adoptions. The fee or fee schedule may take into consideration relevant factors such as adoptive placement of children considered to be hard to place. You may also have a sliding scale fee schedule. The parameters of any differential fee schedules must be specified and equally applied [Low].

Division 5: Financial Assistance to Birth Mothers

§749.231. What financial assistance may I provide for a birth mother?

Effective Date: January 2007

(a) You may provide financial assistance to a birth mother to meet her reasonable and necessary living expenses and legal costs [Low].

(b) Reasonable and necessary living expenses include:

  1. Housing expenses;
  2. Necessary utilities, such as electric, water, or telephone bills;
  3. Food for the birth mother and her minor children that are living with her;
  4. Travel expenses for transportation necessary to support the pregnancy, such as gasoline or bus fares to medical appointments or the grocery store;
  5. Medical costs; and
  6. Child-care or foster care while a birth mother is hospitalized or unable to care for her children.

(c) Reasonable and necessary living expenses do not include:

  1. Any expenses met by a birth mother's existing resources [Low];
  2. Any expenses supporting other family members, with the exception of the birth mother's minor children who are living with her [Low];
  3. Any expenses for recreational and leisure activities [Low]; or
  4. The purchase of an automobile [Low].

§749.233. During what period of time may I provide financial assistance to a birth mother?

Effective Date: January 2007

Financial assistance may only be provided [Low]:

  1. During the time of the pregnancy; and
  2. After the pregnancy, during the time the birth mother requires inpatient or outpatient postpartum care.

§749.235. How do I determine the birth mother's need for financial assistance?

Effective Date: January 2007

(a) You must review the birth mother's financial resources [Low].

(b) Your evaluation must include an evaluation of family support, medical insurance, and other resources available [Low].

(c) The evaluation must justify a payment you make for the birth mother's reasonable and necessary living expenses and legal costs related to the adoption and, if applicable, post partum care [Low].

(d) You must document the evaluation and provide a copy to the birth mother [Low].

§749.237. How do I document financial assistance that I provide for a birth mother?

Effective Date: January 2007

(a) You must document financial assistance that you provide for the birth mother through receipts [Low].

(b) A receipt must include the date, payee identification, purpose of payment, and documentation that the funds were expended for services rendered or goods provided for the birth mother [Low].

(c) You must organize and maintain this documentation in the individual record of the birth mother [Low].

§749.239. May I provide cash payments to birth mothers?

Effective Date: January 2007

(a) For reasonable and necessary living expenses, you may provide cash payments to birth mothers to cover the cost of day-to-day routine purchases, such as food, household supplies, personal hygiene or grooming items, and gasoline or public transportation if your policies [Low]:

  1. State when and for what purpose you can make cash payments to a birth mother [Low];

  2. Establish a maximum amount per category, per time period, based on the current rates in the community in which the care is provided [Low]; and

  3. Require you to obtain documentation from a birth mother acknowledging receipt of the payments [Low].

(b) Each cash disbursement may cover a period of up to one month [Low].

§749.241. If a birth mother decides not to relinquish a child for adoption, may I require her to repay my agency or the adoptive parent for expenses and services incurred?

Effective Date: January 2007

(a) No, you may not require a birth mother to repay you for expenses and/or services incurred [Low].

(b) You must inform a birth mother of this policy in writing upon establishing any formal relationship between your agency and a birth mother and post it in the agency's offices in a place routinely visible to birth mothers. The written policy provided to the birth mother must be in a language spoken and read by the birth mother [Low].

§749.243. May I provide foster care services free of charge or at a reduced rate to a birth mother that needs time to make a decision about adoptive placement?

Effective Date: January 2007

Yes, as long as the foster care services provided free of charge or at a reduced rate are not contingent upon the relinquishment of the child for adoption, you may provide the foster care services [Low].

§749.245. If a birth mother's needs are met through existing resources, can I disrupt that arrangement?

Effective Date: January 2007

(a) If a birth mother's needs are met through an existing resource, you must not, by action or advice, disrupt that unless your child placement management staff determines that it is in the best interest of the birth mother and her child that other arrangements be made based on documented proof that her current living situation impacts the basic health or safety of the birth parent or the child, including psychological or emotional abuse. For example, if family members are providing housing at no cost to a birth mother, your agency may not advise the birth mother to move to an apartment for which your agency would pay rent [Low].

(b) This rule applies to any kind of financial assistance.

(c) You must document the impact and determination of best interest before any arrangements are made and/or expenses are paid [Low].

Division 6: Fiscal Accountability/Pass-Through Expenses

§749.271. May I require adoptive families to reimburse me for expenses incurred by the birth mother?

Effective Date: January 2007

(a) You may pass through to the adoptive parents certain expenses that [Low]:

  1. You incur on behalf of the birth mother; or
  2. The birth mother incurs.

(b) You cannot pass through expenses for medical or other services that were met through a birth mother's insurance company or some other source or that were provided free to the birth mother [Low].

§749.273. What must I do if I pass through expenses to adoptive families?

Effective Date: January 2007

You must meet the following requirements if you pass through the birth mother's expenses to adoptive families:

  1. Your fee policy must include a complete description of the types of expenses that you may pass through to adoptive families [Low].

  2. The fee policy must comply with the financial assistance requirements in Division 5 of this subchapter (relating to Financial Assistance to Birth Mothers) [Low].

  3. You must prepare an individual report for each case where you pass through expenses to the adoptive family. The report must be organized by expense category and include the date, amount, and a description of each expenditure. You must give the report to the adoptive family. The report must be available for our review [Low].

  4. If requested by an adoptive parent, you must provide an itemized list of how pass though money was expended and if there is a surplus [Low].

  5. With the exception of unforeseeable medical and legal expenses, you must provide to the adoptive family a written estimate of the pass-through expenses you anticipate will be associated with the adoption. You must provide this estimate before the adoptive family makes any financial commitment to the placement [Low].

  6. If you exceed the estimated expenses by more than 10%, you must obtain acknowledgement and agreement in writing from the adoptive parents that they will incur the additional expenses. If you cannot reach an agreement with the adoptive parents, you must incur the additional expenses [Low].

  7. If there is a surplus of pass through money, you must refund the surplus back to the adoptive parents [Low].

  8. You must inform the adoptive family, in writing, that:

    • (A) A birth mother may choose not to relinquish a child for adoption [Low]; and
    • (B) You are prohibited from seeking repayment from that birth mother for expenses incurred in providing adoption services [Low].

Division 7: Branch Offices

§749.301. What is a branch office?

Effective Date: January 2007

(a) A branch office is anywhere the child placement staff and child master records or foster/adoptive home master records are located.

(b) You may operate a branch office if you:

  1. Maintain compliance with the rules of this chapter [Medium]; and
  2. Are in good standing with us [Medium].

§749.303. What must I do before opening a branch office?

Effective Date: September 2010

At least 30 days prior to the opening of a branch office, you must provide us the following information with your request to amend your license [Medium]:

  1. The address, telephone numbers (if available), and office hours for the branch office [Low];

  2. The name, qualifications, and contact information of the administrative staff person who will be primarily responsible for the day-to-day operation of the branch office [Low];

  3. The name(s), qualifications, and contact information of the child placement management staff that will be responsible for child-placing activities of the branch office [Low];

  4. The name(s) and qualifications of other employees who will be involved in child-placing activities at the branch office [Low]; and

  5. An updated written professional staffing plan that includes how child placement management staff, the Licensed Child-Placing Agency Administrator, and the treatment director, if applicable, will supervise services provided from the branch office [Medium-Low].

Technical Assistance

Licensing does not automatically approve an action when you provide the required notice to your Licensing Representative. Additional action may need to be taken by you or Licensing. For example, changing the legal structure of your agency may require a new license; and opening a new branch office requires you to also comply with §749.303 of this title (relating to What must I do before opening a branch office).

§749.304. Where must I have a main or branch office?

Effective Date: January 2017

You must have either a main or branch office [Medium]:

  1. In each region of the department where you verify homes; or
  2. Within 150 miles of each verified foster home

Technical Assistance

Regarding subsection (2): Radial miles should be used when calculating the distance between a main or branch office and each verified foster home.

§749.305. What are the requirements for administrators and treatment directors for a main office and branch offices?

Effective Date: April 2022

(a) You must comply with one of the following [Medium]:

  1. The main office and each branch office must have a separate:

    • (A) Administrator who meets §749.631 of this title (relating to What qualifications must a child-placing agency administrator meet?); and
    • (B) Treatment director, if applicable, per §749.721 of this title (relating to Must I have a treatment director?); or

  2. Offices that operate based on the following caseload limits for child placement staff may share the same administrator and treatment director:

    • (A) A caseload of foster children only that does not exceed:
      • (i) 35 for children receiving child-care services;
      • (ii) 25 for children receiving treatment services; and
      • (iii) 30 for a combination of children receiving child-care services and children receiving treatment services;
    • (B) A caseload of foster homes only that does not exceed 15 homes; and
    • (C) A combination caseload of both children and homes that does not exceed 30 cases. Calculate the maximum of 30 cases by counting:
      • (i) Each child as one case; and
      • (ii) Each foster family home as one case.

(b) This rule does not apply to a child-placing agency that provides only adoption services, including foster homes verified by a private adoption agency solely for the care of infants awaiting placement in an adoptive home pending the resolution of the child's eligibility for adoption or the readiness of an appropriate adoptive home, or both. This exception does not apply to a foster home that is also the intended adoptive home.

§749.307. What happens to the foster homes supervised by a branch office when the branch office closes?

Effective Date: January 2017

(a) If the branch office closure is related to a corrective or adverse action which Licensing is taking or has taken against your agency, you must [Medium]:

  1. Close a foster home under that branch office; or

  2. Transfer a foster home under that branch office to your main or another branch office, including:

    • (A) Updating the foster home study per §749.2473 of this title (relating to What must I do to verify a foster home that another child-placing agency has previously verified?), with the exception of new criminal history and central registry background checks [Medium];
    • (B) Ensuring that all required criminal history and central registry background checks for the foster home have been conducted within the last 24 months [High]; and
    • (C) Amending the verification certificate [Medium].

(b) If the branch office closure is not related to a corrective or adverse action which Licensing is taking or has taken against your agency, you may transfer the foster homes to the main office or another branch office without updating the foster home screening.

Division 9: Clients and Appeals

§749.421. Who are my clients?

Effective Date: January 2017

(a) Anyone can request information from you or attend a meeting open to all interested persons. A person becomes your client when you establish a relationship beyond that available to someone who is merely an interested person.

(b) Your child clients include children in:

  1. Foster care; and
  2. Pre-consummated adoptive placement.

(c) Your adult clients include:

  1. Birth parents, managing conservators, or whoever has legal responsibility for children they are placing in your care;
  2. Foster parent applicants;
  3. Foster parents;
  4. Adoptive applicants;
  5. Adoptive parents prior to consummation of the adoption;
  6. Adoptive parents and birth parents seeking post adoption services; and
  7. Young adults in your care.

§749.423. What rights do my adult clients have?

Effective Date: January 2017

When a person becomes your adult client, you must inform the person in writing:

  1. That the rules of this chapter, any compliance reports, and your policies are available for review upon their request [Low];

  2. Of their right to appeal agency actions and decisions that affect them, and the procedures for making an appeal [Low];

  3. Of procedures for making a complaint to us regarding a violation of minimum standards [Low]; and

  4. Of other entities and their phone numbers and addresses where it is appropriate to file complaints, such as the board or state agency that professionally licenses individuals whom you employ or contract with, and the procedures for making complaints to those entities [Low].

§749.425. What must my appeal process include?

Effective Date: January 2017

(a) You must have a written appeal process for your adult clients in regard to your actions and decisions that affect those clients [Low].

(b) The process must describe:

  1. How you will inform clients of their right to appeal [Low];
  2. The procedures and time frames for clients to make an appeal [Low];
  3. The criteria or basis that will be used to make the decision [Low];
  4. Who will hear an appeal and make the decision [Low];
  5. Time frames for making a decision and communicating the decision to the client [Low]; and
  6. How the client will be informed of the decision [Low].

(c) You must provide this information to each birth parent, foster parent applicant, or adoptive applicant before you make that person your client [Low].

(d) Your appeal process does not have to involve anyone from outside your agency. An internal review procedure is sufficient.

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