Chapter 749 - Minimum Standards for Child-Placing Agencies
Subchapter D - Reports and Record Keeping
Division 1 - Reporting Serious Incidents and Other Occurrences
§749.501 - What do certain terms mean in this subchapter?
Effective Date: June 2020
These terms have the following meanings in this subchapter:
Serious incident - A non-routine occurrence that has or may have dangerous or significant consequences for the care, supervision, or treatment of a child. The different types of serious incidents are noted in §749.503 of this division (relating to When must I report and document a serious incident?).
Triggered review of a child's unauthorized absences - A review of a specific child's pattern of unauthorized absences when the child has had three unauthorized absences within a 60-day timeframe.
Unauthorized absence - A child is absent from a foster home without permission from the foster parent, or other temporary caregiver, and cannot be located. This includes when an unauthorized person has removed the child from the foster home.
Technical Assistance
Regarding paragraph (3): Child-placing agencies (CPA) should use their best judgment based on the totality of the circumstances on a case by case basis to determine if there is an unauthorized absence. Example 1: if a teenager is routinely late in returning to a foster home from an extracurricular activity, the CPA would likely take the child's routine into account when assessing the possibility of an unauthorized absence. Example 2: If a teenager is on an unsupervised activity and calls and informs the foster parent that he/she will be late in returning to the home, this situation is not likely to be an unauthorized absence.
§749.503 - When must a child-placing agency (CPA) report and document a serious incident?
Effective Date: December 2024
(a) A CPA must report and document the following types of serious incidents involving a child in the CPA's care. The reports must be made to the following entities, and the reporting and documenting must be within the specified time frames:
Figure: 26 TAC §749.503(a)
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (1) A child dies while in the CPA's care | (A)(i) YES. (A)(ii) As soon as possible, but no later than 2 hours after the child's death. [Medium-High] |
(B)(i) YES. (B)(ii) As soon as possible, but no later than 2 hours after the child's death. [Medium-High] |
(C)(i) YES. (C)(ii) Immediately, but no later than 1 hour after the child's death. [Medium-High] |
| (2) A substantial physical injury or critical illness that a reasonable person would conclude needs treatment by a medical professional or hospitalization | (A)(i) YES. (A)(ii) Report as soon as possible, but no later than 24 hours after the incident or occurrence. [Medium-High] |
(B)(i) YES. (B)(ii) Immediately after ensuring the safety of the child. [Medium-High] |
(C)(i) NO. (C)(ii) Not Applicable. |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (3) Allegations of abuse, neglect, or exploitation of a child; or any incident where there are indications that a child in care may have been abused, neglected, or exploited | (A)(i) YES, including whether the CPA plans to move the child until the investigation is complete. (A)(ii) As soon as the CPA becomes aware of it. [Medium-High] |
(B)(i) YES, including whether the CPA plans to move the child until the investigation is complete. (B)(ii) Immediately after ensuring the safety of the child. [Medium-High] |
(C)(i) NO. (C)(ii) Not applicable. |
| (4) Physical abuse committed by a child against another child For the purpose of this subsection, physical abuse occurs when there is substantial physical injury, excluding any accident; or failure to make a reasonable effort to prevent an action by another person that results in substantial physical injury to the child. |
(A)(i) YES. (A)(ii) As soon as the CPA becomes aware of it. [Medium-High] |
(B)(i) YES. (B)(ii) Immediately after ensuring the safety of the child. [Medium-High] |
(C)(i) NO. (C)(ii) Not applicable. |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (5) Sexual abuse committed by a child against another child For the purpose of this subsection, sexual abuse is: • Conduct harmful to a child's mental, emotional or physical welfare, including nonconsensual sexual activity between children of any age, and consensual sexual activity between children with more than 24 months difference in age or when there is a significant difference in the developmental level of the children; or • Failure to make a reasonable effort to prevent sexual conduct harmful to a child. |
(A)(i) YES. (A)(ii) As soon as the CPA becomes aware of it. [Medium-High] |
(B)(i) YES. (B)(ii) Immediately after ensuring the safety of the child. [Medium-High] |
(C)(i) NO. (C)(ii) Not applicable. |
| (6) A child is indicted, charged, or arrested for a crime; or when law enforcement responds to an alleged incident at the foster home that could result in criminal charges being filed against the child | (A)(i) YES. (A)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of it. [Medium] |
(B)(i) YES. (B)(ii) As soon as the CPA becomes aware of it. [Medium] |
(C)(i) NO. (C)(ii) Not applicable. |
| (7) A child is issued a ticket at school by law enforcement or any other citation that does not result in the child being detained | (A)(i) NO. (A)(ii) Not applicable. |
(B)(i) YES. (B)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of it. [Medium] |
(C)(i) NO. (C)(ii) Not applicable. |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (8) The unauthorized absence of a child who is developmentally or chronologically under 6 years old | (A)(i) YES. (A)(ii) Within 2 hours of notifying law enforcement. [Medium-High] |
(B)(i) YES. (B)(ii) Within 2 hours of notifying law enforcement. [Medium] |
(C)(i) YES. (C)(ii) Immediately upon determining the child is not on the premises and the child is still missing. [Medium-High] |
| (9) The unauthorized absence of a child who is developmentally or chronologically 6 to 12 years old | (A)(i) YES. (A)(ii) Within 2 hours of notifying law enforcement, if the child is still missing. [Medium-High] |
(B)(i) YES. (B)(ii) Within 2 hours of determining the child is not on the premises, if the child is still missing. [Medium] |
(C)(i) YES. (C)(ii) Within 2 hours of determining the child is not on the premises, if the child is still missing. [Medium-High] |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (10) The unauthorized absence of a child who is 13 years or older | (A)(i) YES. (A)(ii) No later than 6 hours from when the child's absence is discovered and the child is still missing. However, the CPA must report the child's absence immediately if the child has previously been alleged or determined to be a trafficking victim, or the CPA believes the child has been abducted or has no intention of returning to the foster home. [Medium] |
(B)(i) YES. (B)(ii) No later than 6 hours from when the child's absence is discovered and the child is still missing. However, the CPA must report the child's absence immediately if the child has previously been alleged or determined to be a trafficking victim, or the CPA believes the child has been abducted or has no intention of returning to the foster home. [Medium] |
(C)(i) YES. (C)(ii) No later than 6 hours from when the child's absence is discovered and the child is still missing. However, the CPA must report the child's absence immediately if the child has previously been alleged or determined to be a trafficking victim, or the CPA believes the child has been abducted or has no intention of returning to the foster home. [Medium] |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
(i) To Law Enforcement? (ii) If so, when? |
|---|---|---|---|
| (11) A child in the CPA's care contracts a communicable disease that the law requires the CPA to report to the Texas Department of State Health Services (DSHS) as specified in 25 TAC 97, Subchapter A (relating to Control of Communicable Diseases) | (A)(i) YES, unless the information is confidential. (A)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of the communicable disease. [Medium] |
(B)(i) YES, if their child has contracted the communicable disease or has been exposed to it. (B)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of the communicable disease. [Medium] |
(C)(i) NO. (C)(ii) Not applicable. |
| (12) A suicide attempt by a child | (A)(i) YES. (A)(ii) As soon as the CPA becomes aware of the incident. [Medium-High] |
(B)(i) YES. (B)(ii) Immediately after ensuring the safety of the child. [Medium] |
(C)(i) NO. (C)(ii) Not applicable. |
(b) If there is a medically pertinent incident that does not rise to the level of a serious incident, a CPA does not have to report the incident but the CPA must document the incident in the same manner as for a serious incident, as described in §749.511 of this division (relating to How must I document a serious incident?) [Medium].
(c) If a child returns before the required reporting timeframe outlined in (a)(8) - (10) in Figure: 26 TAC §749.503(a), the CPA is not required to report the absence as a serious incident. Instead, the CPA must document within 24 hours after the CPA becomes aware of the unauthorized absence in the same manner as for a serious incident, as described in §749.511 of this division [Medium].
(d) If there is a serious incident involving an allegation of abuse, neglect, or exploitation of an elderly adult or an adult with a disability in a residential child-care operation, the CPA must document the incident in the same manner as a serious incident. The CPA must also report the incident to [Medium]:
The Department of Family and Protective Services intake through:
- (A) The Texas Abuse and Neglect Hotline (1-800-252-5400); or
- (B) Online at https://www.txabusehotline.org;
Law enforcement, if there is a fatality; and
The parent, if the adult resident is not capable of making decisions about the resident's own care.
(e) A CPA must report and document the following types of serious incidents involving the CPA, one of its foster homes, an employee, professional level service provider, contract staff, or a volunteer to the following entities within the specified timeframe:
Figure: 26 TAC §749.503(e)
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
|---|---|---|
| (1) Any incident that renders all or part of the CPA unsafe or unsanitary for a child, such as a fire or a flood | (A)(i) YES. (A)(ii) As soon as possible, but no later than 24 hours after the incident. [Medium] |
(B)(i) YES. (B)(ii) As soon as possible, but no later than 24 hours after the incident. [Medium] |
| (2) A disaster or emergency that requires a foster home to close | (A)(i) YES. (A)(ii) As soon as possible, but no later than 24 hours after the incident. [Medium] |
(B)(i) YES. (B)(ii) As soon as possible, but no later than 24 hours after the incident. [Medium] |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
|---|---|---|
| (3) The CPA must temporarily do the following to comply with a declared state of disaster under Chapter 418, Government Code: • Move the CPA to a new location that is not noted on the CPA's permit; • Move a foster home to a new location that is not noted on the verification; • Allow a foster home to provide care to any child at a location not noted on the verification (for example providing care to children that need to be quarantined at a different location from other children in the foster home noted on the verification) |
(A)(i) YES. (A)(ii) As soon as possible, but no later than 24 hours after: • The CPA temporarily moves to a new location that is not noted on the permit; • A foster home temporarily moves to a new location that is not noted on the verification; or • A foster home temporarily provides care to any child at a location not noted on the verification. [Medium-High] |
(B)(i) YES. (B)(ii) As soon as possible, but no later than 24 hours after: • The CPA temporarily moves to a new location that is not noted on the CPA's permit; • A foster home temporarily moves to a new location that is not noted on the verification; or • A foster home temporarily provides care to any child at a location not noted on the verification. [Medium-High] |
| (4) An adult who has contact with a child in care contracts a communicable disease noted in 25 TAC Chapter 97, Subchapter A (relating to Control of Communicable Diseases) | (A)(i) YES, unless the information is confidential. (A)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of the communicable disease. [Medium] |
(B)(i) YES, if their child has contracted the communicable disease or has been exposed to it. (B)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of the communicable disease. [Medium] |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
|---|---|---|
| (5) An allegation that a person under the auspices of the CPA who directly cares for or has access to a child in the setting has abused drugs within the past seven days | (A)(i) YES. (A)(ii) Within 24 hours after learning of the allegation. [Medium] |
(B)(i) NO. (B)(ii) Not applicable. |
| (6) An investigation of abuse or neglect by an entity (other than the Texas Department of Family and Protective Services Child Care Investigations division) of an employee, professional level service provider, foster parent, contract staff, volunteer, or other adult at the agency | (A)(i) YES. (A)(ii) As soon as possible, but no later than 24 hours after the CPA becomes aware of the investigation. [Medium] |
(B)(i) NO. (B)(ii) Not applicable. |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
|---|---|---|
| (7) Any of the following relating to an employee, professional level service provider, foster parent, contract staff, volunteer, or other adult at the agency alleging commission of any crime as provided in §745.661 of this title (relating to What types of criminal convictions may affect a subject's ability to be present at an operation?): • An arrest; • An indictment; • Information regarding an official complaint accepted by a county or district attorney; or • An arrest warrant executed by law enforcement |
(A)(i) YES. (A)(ii) As soon as the CPA becomes aware of the situation. [Medium] |
(B)(i) NO. (B)(ii) Not applicable. |
| (8) A search warrant is executed by law enforcement at the CPA or a foster home | (A)(i) YES. (A)(ii) As soon as the CPA becomes aware of the situation. [Medium] |
(B)(i) NO. (B)(ii) Not applicable. |
| Serious Incident | (i) To Child Care Regulation? (ii) If so, when? |
(i) To Parents? (ii) If so, when? |
|---|---|---|
| (9) An allegation that an employee or caregiver: • Used a prohibited emergency behavior intervention technique, as outlined in §749.2051(b) of this chapter (relating to What types of emergency behavior intervention may I administer?); • Used a prohibited personal restraint technique, as outlined in §749.2205 of this chapter (relating to What personal restraint techniques are prohibited?); or • Used an emergency behavior intervention inappropriately, as outlined in §749.2063 of this chapter (relating to Are there any purposes for which emergency behavior intervention cannot be used?) or §749.2281 of this chapter (relating to What is the maximum length of time that an emergency behavior intervention can be administered to a child?) |
(A)(i) YES. (A)(ii) As soon as possible but no later than 24 hours after the CPA becomes aware of the incident. [Medium] |
(B)(i) YES. (B)(ii) As soon as possible but no later than 24 hours after the CPA becomes aware of the incident. [Medium] |
Technical Assistance
• Regarding subsection (a)(2), not every trip to a hospital or emergency clinic must be reported as a serious incident. Only those incidents involving a "substantial physical injury or critical illness" must be reported and documented as a serious incident. The definition of "substantial physical injury" contains some examples of reportable serious incidents. Visits to the emergency room or emergency clinic (that did not result in hospitalization) for a common illness such as the flu, for a chronic illness such as an asthma attack, or for a routine medical exam would not warrant reporting as a serious incident.
• Also, it is the nature of the injury or illness that determines whether it is reportable as a serious incident, not the venue in which it is treated. Taking a child to the emergency clinic or doctor's office for stitches is still reportable as a serious incident, even though the treatment did not occur at an emergency room or hospital.
• Regarding children receiving treatment services for primary medical needs, planned admissions to the hospital are not reportable as serious incidents. If the child sustains a substantial physical injury or contracts a critical illness, a serious incident report is required. However, ongoing treatment for the child's chronic illnesses or conditions is not reportable as a serious incident.
• In addition, admission to a psychiatric hospital only warrants a serious incident report if the admission is precipitated by a reportable incident, such as a suicide attempt. The admission itself is not reportable as a serious incident.
• Regarding paragraph (e)(3), a disaster may be declared by the governor or the presiding officer of the governing body of a political subdivision. The operation or foster home must be located in the area impacted by the declared disaster before paragraph (e)(3) applies.
• Regarding subsection (e)(7), see the Citizen's Guide for the Texas Criminal Justice Process for more information on criminal matters.
§749.505 - What constitutes a suicide attempt by a child?
Effective Date: September 2010
A suicide attempt is a child's attempt to take his own life using means or methods for causing his death, including any act a child commits intending to cause his death, but excluding suicidal gestures where it is clear that the act was unlikely to cause death. Suicidal thoughts are not reportable as a suicide attempt.
§749.509 - How do I make a report of a serious incident or occurrence to Licensing?
Effective Date: January 2017
(a) All serious incident reports must be made directly to the Texas Abuse and Neglect Hotline [Medium].
(b) Foster parents must report any serious incidents directly to the Texas Abuse and Neglect Hotline if the incident involves a child under the care of the foster parent [Medium].
§749.511 - How must I document a serious incident?
Effective Date: April 2022
A serious incident must be documented in a written report that includes the following information [Medium]:
The name of the foster home or adoptive home, physical address, and telephone number [Medium];
The time and date of the incident [Medium];
The name, age, gender, and date of admission of the child or children involved [Medium];
The names of all adults involved and their role in relation to the child(ren) [Medium];
The names or other means of identifying witnesses to the incident, if any [Medium];
The nature of the incident [Medium];
The circumstances surrounding the incident [Medium];
Interventions made during and after the incident, such as medical interventions, contacts made, and other follow-up actions [Medium];
The treating licensed health-care professional's name, findings, and treatment, if any [Medium];
The resolution of the incident [Medium]; and
If the child returns to the operation after you complete the report for an unauthorized absence, an update regarding the unauthorized absence and the child's return [Medium].
Technical Assistance
• Regarding subsection (3), this requirement is not intended to conflict with confidentiality laws or rights. Identifying information for one child should not be placed in the record of another child. You may choose to:
- Write one incident report that is filed centrally (not in each child's record) and de-identified when released as part of a child's record;
- Write one incident report that is filed in each child's record, with each copy de-identified to not show the full name of other children involved in the incident; or
- Write a separate incident report for each child, with only the first name or initials of each other child involved.
• Regarding subsection (5), witnesses to the incident are persons who were present when the incident occurred and can give a first-hand account of what they experienced during the incident. A person is not automatically a witness because he lives in the same unit or cottage as the child involved in the incident. Witnesses may also be persons unaffiliated with the operation, such as a visitor to the operation who was present at the time of the incident.
§749.513 - What additional documentation must I include with a written serious incident report?
Effective Date: June 2020
You must include the following additional documentation with a written serious incident report, as applicable:
| Weight | Serious Incident | Documentation |
|---|---|---|
| [Medium] | (1) Child death, substantial physical injury, or a suicide attempt reportable under §749.503(a)(1), (2), and (11) of this division (relating to When must I report and document a serious incident?) | Any emergency behavior interventions implemented on the child within 48 hours prior to the serious incident |
| [Medium-High] | (2) Any substantial physical injury reportable under §749.503(a)(2) of this division that resulted from a short personal restraint | Documentation of the short personal restraint, including the precipitating circumstances and specific behaviors that led to the emergency behavior intervention |
| Weight | Serious Incident | Documentation |
|---|---|---|
| [Medium] | (3) Unauthorized absence of a child | (A) Any efforts made to locate the child; (B) The date and time you notified the parent(s) and the appropriate law enforcement agency and the names of the persons with whom you spoke regarding the child's absence and subsequent location or return to the foster home; (C) If the parent cannot be located, dates and times of all efforts made to notify the parent regarding the child's absence and subsequent location or return to the foster home; (D) Whether the child has returned to the foster home, and if so, the length of time the child was gone from the foster home; and (E) If the child returns to the foster home after 24 hours, an addendum to the report that documents the child's return |
| [Medium] | (4) Any physical or sexual abuse committed by a child against another child reportable under §749.503(a)(4) or (5) of this division | The difference in size, age, and developmental level of the children involved in the physical or sexual abuse |
§749.515 - How long must I keep my incident reports?
Effective Date: January 2017
You must keep a copy of the incident reports on file for two years. The reports must be easily accessible to Licensing upon request [Medium-Low].
§749.517 - What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child?
Effective Date: April 2021
(a) You must notify the parent of each child in the care of each foster home verified by your Child-Placing Agency of a deficiency in:
A safe sleeping standard noted in subsection (b) of this section [Medium-High]; or
The abuse, neglect, or exploitation standard in §749.1003(b)(1)(B) of this chapter (relating to What rights does a child in care have?) [Medium-High].
(b) The following are safe sleeping standards requiring notification:
§749.1807(a)(1) of this chapter (relating to What specific safety requirements must my cribs meet?);
§749.1809(2)(A) of this chapter (relating to Are mesh cribs or port-a-cribs allowed?);
§749.1813(a)(5) and (b) of this chapter (relating to What types of equipment may a foster home not use with infants?);
§749.1815 of this chapter (relating to What are the specific sleeping requirements for infants?);
§749.1817 of this chapter (relating to May I allow an infant to sleep in a restrictive device?); and
§749.1821 of this chapter (relating to May I swaddle an infant to help the infant sleep?).
(c) When meeting the notice requirements in subsection (a), your main office or a branch office must notify the parents of children in the care of each foster home that the office supervises.
§749.519 - How must I notify parents of a safe sleeping deficiency or an abuse, neglect, or exploitation deficiency?
Effective Date: April 2021
(a) Within five days after you receive notification of a deficiency described in §749.517 of this division (relating to What are the notification requirements when Licensing finds my operation deficient in a standard related to safe sleeping or the abuse, neglect, or exploitation of a child in care?), you must notify the parents of each child in the care of each foster home verified by your Child-Placing Agency at the time of notification, including a child who may not have been in care on the day of the actual incident [Medium-High].
(b) When meeting the notice requirements in subsection (a), your main office or a branch office must notify the parents of children in the care of each foster home that the office supervises [Medium-High].
(c) If the deficiency is for a safe sleeping standard, you must notify the parents using Form 2970, Notification of Safe Sleeping Deficiency, located on the Licensing provider website [Medium].
(d) If the deficiency is for the standard related to the abuse, neglect, or exploitation of a child in care, you must notify the parents using Form 7266, Notification of Abuse/Neglect/Exploitation Deficiency, located on the Licensing provider website [Medium].
(e) You must maintain and make available for our review, upon request, proof that you have notified parents in writing of deficiencies in safe sleeping and abuse, neglect, or exploitation, as required by subsection (a) of this section [Medium-High].
Technical Assistance
• Regarding paragraphs (a) and (b), "parent" refers to a person who has legal responsibility for a child, as defined in 749.43(44) of this chapter (relating to What do certain words and terms mean in this chapter?). For example, if a child is in the conservatorship of DFPS, you must notify the child's DFPS caseworker.
• Regarding paragraph (e), you may maintain the documentation in a manner that is consistent with your policies for record keeping, as long as you can verify that you have notified each parent as required. Possible ways to maintain proof of notification include:
- Keeping a copy of the notification in each child's individual file;
- Keeping a single file of all notifications, with a list of the parents whom you notified attached to each notification form; or
- Maintaining a copy of any notification sent to a parent electronically, including the date and address to which you sent the notification.
Division 2 - Operation Records
§749.529 - What are the retention requirements for my agency's policies?
Effective Date: January 2017
(a) You must maintain a copy of your policies and procedures at the agency. They must be available for review by employees, contract staff, caregivers, Licensing, or your clients, upon request [Medium-Low].
(b) You must maintain copies of all current and previous policies for at least two years [Low].
§749.531 - What policies and procedures must I have for protecting records?
Effective Date: January 2017
You must have policies and procedures for:
Protecting paper and electronic records from destruction and loss [Medium-Low]; and
Clarifying the persons:
- (A) Within your agency who are authorized to access records [Medium-Low]; and
- (B) Outside of your agency who are authorized by law to have access to records [Medium-Low].
§749.533 - What additional policies and procedures must I have for electronic records?
Effective Date: January 2017
If you keep electronic records, you must develop policies and procedures in addition to the requirements in §749.531 of this title (relating to What policies and procedures must I have for protecting records?) [Medium-Low]. These policies and procedures must address:
What records must be in the external paper file and what records can be stored in the electronic file [Medium-Low];
Computer security systems, including confidentiality, passwords, and employee procedures to ensure the security of the system [Medium-Low];
Requirements for routine back-up of data [Medium-Low];
Anti-virus protection systems [Medium-Low]; and
Limit access to your electronic files to persons within your agency authorized to see specific information in an electronic file [Medium-Low].
§749.534 - Are electronic signatures allowed?
Effective Date: January 2017
Yes, you may use electronic and digital signatures, including approvals by e-mail and electronic approvals.
§749.535 - How current must a record be?
Effective Date: January 2017
(a) All documentation must be in the record:
No later than 30 days after the occurrence or event [Low]; or
As otherwise specified in this chapter [Low].
(b) Foster parents must submit copies of any records they keep. They must submit them within 15 days from the end of the month. You must file these records in the child's record [Low].
§749.537 - Must I make records available for Licensing to review?
Effective Date: January 2007
(a) You must make all active records available for our immediate review and reproduction [Medium].
(b) You must make all archived records available for our review and reproduction within 48 hours [Medium-Low].
(c) We must have reasonable access to your storage and file areas in order to monitor your record keeping [Medium-Low].
§749.539 - Where must I maintain foster home disaster and emergency plans?
Effective Date: January 2017
You must maintain a copy of each current foster home disaster and emergency plan at the main office, the relevant branch office, or in a central administratively designated location [Medium-High].
Division 3 - Personnel Records
§749.551 - Where must I maintain personnel records?
Effective Date: January 2017
(a) You must maintain all active personnel records at the main office or keep individual personnel records at the office where each person is working [Medium-Low].
(b) You must maintain archived personnel records at the main office, the relevant branch office, and/or in a central administratively designated location [Low].
(c) You may archive entire closed personnel records electronically.
(d) Your system for maintaining all personnel records must be uniform throughout the agency [Low].
(e) You must maintain in the main office of the agency a master list of active and archived personnel records with a notation of the location of those records [Low].
§749.553 - What information must the personnel record of an employee include?
Effective Date: January 2017
For each employee, excluding foster parents, the personnel record must include:
Documentation showing the date of employment [Medium-Low];
Documentation showing how the person meets the minimum age and qualifications for the position [Medium-Low];
A current job description [Medium-Low];
Evidence of any valid professional licensures, certifications, or registrations the person must have to meet qualifications for the position, such as a current renewal card or a letter from the credentialing entity verifying that the person has met the required renewal criteria [Medium];
A copy of the record of tuberculosis screening conducted prior to the person having contact with children in care showing that the employee is free of contagious tuberculosis as provided in §749.1417 of this title (relating to Who must have a tuberculosis (TB) examination?) [Medium];
A notarized Licensing Affidavit for Applicants for Employment form as specified in Human Resources Code, §42.059 [Medium];
A statement signed and dated by the employee documenting that the employee has read a copy of the operational policies required by §749.103 of this title (relating to What policies and procedures must I submit for Licensing's approval as part of the application process?) [Medium-Low];
A statement signed and dated by the employee indicating the employee must immediately report any suspected incident of child abuse, neglect, or exploitation to the Texas Abuse and Neglect Hotline and the agency's administrator or administrator's designee [Medium];
Proof of request for background checks required by Chapter 745, Subchapter F of this title (relating to Background Checks) [High];
For each person who transports a child, a copy of:
- (A) The person's valid driver's license; or
- (B) A driver's license check conducted through the Texas Department of Public Safety within the last 12 months [Medium];
A record of training, including the date of the training, the number of training hours, and the curriculum covered [Medium-Low];
Include any documentation of the person's tenure with the agency [Medium-Low]; and
The date and reason for the person's separation, if applicable [Medium-Low].
§749.554 - What information regarding personnel must be kept confidential?
Effective Date: September 2010
All background check results must be kept confidential, in accordance with Human Resources Code §40.005, (d) and (e). Background check results must be protected from unauthorized access or release [Low].
§749.555 - How long must I maintain personnel records?
Effective Date: January 2007
(a) You must maintain annual training records for current personnel for the last full training year and current training year [Low].
(b) With the exception of subsection (a) of this section, you must keep personnel records for a year after an employee's last day on the job, or until any investigation involving the employee is resolved, whichever is longer [Low].
Division 4 - Client Records
§749.571 - What client records must I maintain?
Effective Date: January 2017
You must maintain master records for all clients. The records must be individualized, current, and complete. The master record may include electronic records [Medium].
§749.573 - Where must I maintain active master records for clients?
Effective Date: January 2017
(a) You must maintain the active master case record for a child at the office where the child placement staff that is managing the child's placement is located [Medium-Low].
(b) You must maintain the active master record for a foster or adoptive home at the office where the child placement staff that is managing the home is located [Low].
(c) You must maintain a master list of active client records with a notation of the location of those records in the main office of the agency [Low].
§749.575 - What is an active record for a child?
Effective Date: January 2007
An active child record consists of the child's record for the most recent 12 months of service [Medium].
§749.577 - What information must an active child record include?
Effective Date: January 2017
For each child, the active record must include:
The child's full name and another method of identifying the child, such as a client number [Medium]; and
Documentation of known allergies and chronic conditions on the exterior of the child's record or in another place where the information is clearly visible to persons with access to the record, including a notation of "no known allergies" when applicable [Medium-High].
§749.579 - How must I maintain an active child record?
Effective Date: January 2007
On an on-going basis, you must ensure that each child's record is:
Kept accurate and current [Medium];
Locked and kept in a safe location or locations [Medium]; and
Kept confidential as required by law [Medium].
§749.581 - Where must I maintain archived master records for clients?
Effective Date: January 2017
(a) You must maintain archived client records at the main office, the branch office that served the client, and/or in a central administratively designated location [Low].
(b) You may archive entire closed client records electronically.
(c) Your system for maintaining all client records must be uniform throughout the agency [Low].
(d) You must maintain a master list of archived client records with a notation of the location of those records in the main office of the agency [Low].
§749.583 - Who must consent to the release of a child's record?
Effective Date: January 2007
Unless you are releasing information to a parent, to us, or as required by law, you may not release any portion of a child's record to any agency, organization, or individual without the written consent of the person legally authorized to consent to the release [Medium-Low].
§749.585 - How long must I maintain client records?
Effective Date: January 2017
(a) For children placed in adoption, you must maintain complete child, birth parent, and adoptive family records permanently or transfer them, as appropriate, to the Bureau of Vital Statistics [Medium-Low].
(b) You must maintain a foster child's complete record from admittance to discharge for two years from the date of discharge, or until the resolution of any investigation involving the child, whichever is longer [Medium-Low].
(c) You must maintain records for verified foster homes for at least five years after the foster home is closed. This includes foster homes that did not receive placements [Low].
(d) You must maintain records for approved adoptive applicants with whom you did not place a child for at least five years after the family withdraws or you close consideration of the family for a placement [Low].
(e) You must maintain records for applicants for foster or adoptive homes whom you did not verify or approve for at least one year after denial of the application [Low].
(f) You do not have to maintain records of foster or adoptive home applicants who drop out before the completion of a home screening.
§749.587 - How must I handle adoption records if I cease operating?
Effective Date: September 2010
(a) If you cease operating, you must transfer adoption records to [Low]:
The Department of State Health Services, Bureau of Vital Statistics, and provide written notification to Licensing of the transfer; or
Another licensed child-placing agency. If you transfer your records to another child-placing agency, you must inform the Bureau of Vital Statistics, in writing, of the closing and of the location of the adoption records. You must send a copy of the letter you send to the Bureau of Vital Statistics to the local Licensing office.
(b) You must transfer the records within the time frame specified by the Bureau of Vital Statistics [Low].
Division 5 - Unauthorized Absences
§749.590 - What additional requirements are there for unauthorized absences of children from a foster home?
Effective Date: June 2020
(a) For each unauthorized absence of a child, you must:
Document the unauthorized absence in an annual summary log, as required by §749.591 of this division (relating to What documentation must be included in an annual summary log for a child who has an unauthorized absence?); and
Debrief the child, as required by §749.592 of this division (relating to What are the requirements for debriefing a child after an unauthorized absence?).
§749.591 - What documentation must be included in an annual summary log for a child who has an unauthorized absence?
Effective Date: June 2020
(a) For each unauthorized absence during the relevant year, you must document the following information in an annual summary log:
The name, age, gender, and date of admission of the child who was absent [Medium];
The time and date the unauthorized absence was discovered [Medium];
How long the child was gone or if the child did not return [Medium];
The name of the caregiver responsible for the child at the time the child's absence was discovered [Medium];
The intake report number, if a report was made to Licensing or the Department of Family and Protective Services [Medium]; and
Whether law enforcement was contacted, including the name of any law enforcement agency that was contacted and the number of the police report, if applicable [Medium].
(b) You must maintain each annual summary log for five years [Medium].
(c) You must make the annual summary logs available to Licensing for review and reproduction, upon request [Medium].
§749.592 - What are the requirements for debriefing a child after an unauthorized absence?
Effective Date: June 2020
(a) After a child returns to the foster home from an unauthorized absence, the foster parent, or other appropriate person, must conduct a debriefing with the child as soon as possible, but no later than 24 hours after the child's return [Medium-High]. The purpose of the debriefing is for the child and the foster parent, or other appropriate person, to discuss the following:
The circumstances that led to the child's unauthorized absence [Medium];
The trauma informed strategies the child can use to avoid future unauthorized absences and how the foster parent can support those strategies [Medium];
The child's condition [Medium]; and
What occurred while the child was away from the foster home, including where the child went, who was with the child, the child's activities, and any other information that may be relevant to the child's health and safety [Medium].
(b) The foster parent must allow the child to return to routine activities, excluding any activity that the foster parent determines would be inappropriate because of the child's condition following the unauthorized absence or something that occurred during the unauthorized absence [Medium].
(c) The debriefing must be documented in the child's record, including any routine activity that would be inappropriate for the child to return to and the explanation for why the activity is inappropriate [Medium].
Technical Assistance
• While debriefing a child of any age, a foster parent or other person conducting the debriefing should respect the wishes of the child and allow the child to decline the debriefing or to ask for a different person to conduct the debriefing.
• Regarding Paragraph (a)(4), if a child discloses that abuse or neglect may have occurred during an unauthorized absence, the foster parent or other person conducting the debriefing must make a report the Department of Family and Protective Services and should not ask any additional questions regarding the abuse or neglect. The foster parent or other person conducting the debriefing must complete the remaining requirements of the debriefing.
§749.593 - When must a triggered review of a child's unauthorized absences occur?
Effective Date: June 2020
(a) A triggered review of a child's unauthorized absences must occur as soon as possible, but no later than 30 days after the child's third unauthorized absence within a 60-day timeframe [Medium-High].
(b) A regularly scheduled review of the child's service plan can serve as the triggered review of a child's unauthorized absences, if the regularly scheduled review [Medium-High]:
Meets the requirements in §749.595 of this division (relating to What must the triggered review of a child's unauthorized absences include?); and
Takes place no later than 30 days after the child's third unauthorized absence within a 60-day timeframe.
§749.594 - Who must participate in a triggered review of a child's unauthorized absences?
Effective Date: June 2020
(a) The triggered review of a child's unauthorized absences must include the following participants [Medium-High]:
The child;
The foster parent; and
Child placement staff.
(b) You must notify the child's parent at least two weeks before the triggered review of a child's unauthorized absences, so the parent will have an opportunity to participate in the review [Medium-High].
§749.595 - What must a triggered review of a child's unauthorized absences include?
Effective Date: June 2020
A triggered review of a child's unauthorized absences must include the following:
A review of the child's records documenting previous unauthorized absences, including previous debriefings [Medium-High];
A review of service plan elements identified in §749.1309(b)(1)(D) and (H) and, as applicable, §749.1309(b)(2) and (3) of this chapter (relating to What must a child's initial service plan include?) [Medium];
An examination of trauma informed alternatives to minimize the unauthorized absences of the child [Medium-High]; and
A written plan to reduce the unauthorized absences of the child, which you must document in the child's record [Medium-High].
§749.596 - What is an overall agency evaluation for unauthorized absences?
Effective Date: June 2020
(a) Every six months, you must conduct an overall agency evaluation for unauthorized absences that have occurred at your foster homes during that time period [Medium-Low].
(b) The objectives of the evaluation are to:
Develop and maintain a trauma informed environment that supports positive and constructive behaviors by children in care [Medium]; and
Ensure the overall safety and well-being of children in care [Medium].
(c) The evaluation must include:
The frequency and patterns of unauthorized absences of children from your foster homes [Medium]; and
Specific trauma informed strategies to reduce the number of unauthorized absences from your foster homes [Medium].
(d) You must maintain the results of each six-month overall agency evaluation for unauthorized absences for five years [Medium].
(e) You must make the results of each overall agency evaluation for unauthorized absences available to Licensing for review and reproduction, upon request [Medium].
Subchapter E - Agency Staff and Caregivers
Division 1 - General Requirements
§749.603 - Does education received outside of the United States count toward educational qualifications?
Effective Date: January 2007
Yes, however you must provide supporting information indicating that the education is equivalent to the minimum educational qualifications for the position for which the person is applying. Documents written in a foreign language must be translated into English [Medium-Low].
§749.605 - What minimum qualifications must all employees meet?
Effective Date: January 2007
(a) An employee's behavior or health status must not present a danger to children in care [Medium-High].
(b) Each employee who is regularly or frequently present while children are in care must:
Meet the requirements in Subchapter F of Chapter 745 of this title (relating to Background Checks) [High];
Have a record of a tuberculosis screening, showing the employee is free of contagious TB as provided in §749.1417 of this title (relating to Who must have a tuberculosis (TB) examination?) [Medium];
Be physically, mentally, and emotionally capable of performing assigned tasks and must have the skills necessary to perform assigned tasks [Medium]; and
Complete a notarized Licensing Affidavit for Applicants for Employment form, as specified in Human Resources Code, §42.059 [Medium].
§749.607 - What general responsibilities do all employees and caregivers have?
Effective Date: September 2010
Regardless of whether the employee or caregiver is counted in the child/caregiver ratio, each employee or caregiver must:
In the absence of a more specific rule requirement, demonstrate competency, prudent judgment, and self-control in the presence of children and when performing assigned responsibilities [High];
Report suspected abuse, neglect, and exploitation to the Child Abuse Hotline and to the designated administrator or supervisor [High]; and
Know and comply with rules of this chapter, Chapter 42 of the Human Resources Code, Chapter 745 of this title (relating to Licensing), and any other laws which are relevant to the person's duties [Medium-High].
Technical Assistance
Regarding subsection (1), this is only cited by Licensing when a more specific rule requirement does not apply to the incident. For example, if a caregiver loses their temper and inappropriately disciplines a child in care, this would be cited using §748.2301(b), or another relevant standard in Subchapter M (relating to Discipline and Punishment).
This subsection is not cited when a more specific rule is cited regarding the incident.
§749.609 - What are the requirements for tuberculosis screening?
Effective Date: January 2007
Before having contact with children in care, all caregivers, employees, contract staff, volunteers, foster home household members, and employees in foster homes must be screened for tuberculosis as provided in §749.1417 of this title (relating to Who must have a tuberculosis (TB) examination?) [Medium].
Division 2 - Child-Placing Agency Administrator
§749.631 - What qualifications must a child-placing agency administrator meet?
Effective Date: September 2010
(a) A child-placing agency administrator must:
Meet the qualifications established by the agency's governing body [Medium-Low];
Be a Licensed Child-Placing Agency Administrator according to Chapter 43 of the Human Resources Code and Chapter 745, Subchapter N of this title (relating to Administrator's Licensing) [Medium];
Be a full-time employee of the agency [Medium]; and
Be present at a Texas office of the agency to provide on-site administrative oversight [Medium].
(b) If acting as the administrator for two residential child-care operations under §749.633 of this title (relating to Can a child-placing agency administrator be an administrator for two residential child-care operations?), the administrator must split a full-time schedule between the two operations as described in the professional staffing plans for each operation [Medium].
§749.633 - Can a child-placing agency administrator be an administrator for two residential child-care operations?
Effective Date: October 2023
A child-placing agency administrator can be an administrator for two residential child-care operations, including a general residential operation or residential treatment center, if:
Both operations are in good standing with Licensing [Medium];
The size and scope of the operations are manageable by one person, which is clarified in the written professional staffing plans [Medium];
The person also holds a valid Child-Care Administrator License, if the second operation is a child-placing agency [Medium]; and
At least one child-placing agency is managing 25 or fewer foster homes [Medium].
Technical Assistance
Regarding paragraph (3), a child-care administrator acting as an administrator for both a child-placing agency and a general residential operation must hold both a Full Child Placing Agency Administrator's License and a Full Child-Care Administrator's License as described in §745.8906. A Provisional Child-Care Administrator's License is not allowed in this scenario. This ensures that the administrator has the knowledge necessary to administer and manage two unique program types at the same time.
§749.635 - What responsibilities must the child-placing agency administrator have?
Effective Date: April 2022
The child-placing agency administrator must:
Have daily supervision and overall administrative responsibility for all of your offices, including your main office and any branch offices [Medium];
Ensure that the operation complies with current heightened monitoring plan(s), if applicable [Medium-High]; and
Be responsible for or assign responsibility for:
(A) Administering and managing the agency according to your policies [Medium];
(B) Ensuring that the agency complies with applicable rules of this chapter, Chapter 42 of the Human Resources Code, Chapter 745 of this title (relating to Licensing), and other applicable laws [Medium];
(C) Personnel matters, including hiring, assigning duties, training, supervision, evaluation of employees, and terminations [Medium-High];
(D) Ensuring persons whose behavior or health status presents a danger to children are not allowed at the agency or foster homes [Medium-High]; and
(E) Administering and managing your approved agency plans as stated in §749.101(3) and (4) of this title (relating to What plans must I submit for Licensing's approval as part of the application process?) [Medium-High]. These plans:
(i) Evaluate the effectiveness of your system for meeting the rules of this chapter [Medium-High]; and
(ii) Ensure the investigation of reports of minimum standards violations, upon our request [Medium-High].
§749.637 - Who must have overall administrative responsibility when the child-placing agency administrator is absent on a frequent and/or extended basis?
Effective Date: January 2007
(a) The child-placing agency administrator must designate an employee to be responsible for the overall administration of the agency while the administrator is absent from the agency on a frequent and/or extended basis [Medium].
(b) The designee must be a Licensed Child-Placing Agency Administrator as required in Chapter 43 of the Human Resources Code [Medium].
Division 3 - Child Placement Staff and Child Placement Management Staff
§749.661 - What employees must my agency have to perform child placement activities?
Effective Date: January 2007
Your agency must have the following employees identified:
Child placement staff [Medium]; and
Child placement management staff [Medium].
§749.663 - What are the responsibilities of child placement staff?
Effective Date: January 2017
(a) Child placement staff providing foster care services are responsible for:
Deciding whether to admit a child for placement, including completion of an admission assessment and any other evaluation of a child for placement [Medium];
Placing a child into a foster home or other substitute living arrangement [Medium];
Managing the case of a child [Medium-High], including:
(A) Developing and updating of service plans [Medium];
(B) Maintaining direct contact with the child and the foster parents or other caregivers [Medium]; and
(C) Performing any additional case management activities, including conducting and documenting supervisory visits for compliance with §749.2815 of this title (relating to How often must I have supervisory visits with the foster home and what must be evaluated during a supervisory visit?) [Medium-Low];
Orientation, assessment, and verification of foster parents [Medium]; and
Monitoring and providing support services to foster parents, including the initiation of development plans, corrective actions, or adverse actions [Medium-High].
(b) Child placement staff providing adoption services are responsible for:
Deciding whether to admit a child for placement [Medium];
Placing a child into a foster home, adoptive home, or other substitute living arrangement [Medium];
Managing the case of a child [Medium-High], including:
(A) Developing and updating of service plans [Medium];
(B) Maintaining direct contact with the child and the foster parents, adoptive parents, or other caregivers [Medium]; and
(C) Performing any additional case management activities [Medium-Low];
Case management and service delivery to birth parents [Medium-Low]; and
Orientation, assessment, and approval of adoptive parents [Medium-High].
§749.667 - What are the responsibilities of child placement management staff?
Effective Date: January 2017
Child placement management staff must:
Review and approve:
(A) All child placement activities, as outlined in §749.663 of this title (relating to What are the responsibilities of child placement staff?) [Medium];
(B) Documentation of supervisory visits for compliance with §749.2815 of this title (relating to How often must I have supervisory visits with the foster home and what must be evaluated during a supervisory visit?) [Medium-High];
(C) Investigation findings of minimum standards deficiencies that Licensing requested you conduct [Medium-High]; and
(D) Corrective and adverse action plans involving foster families [Medium-High];
Supervise child placement staff, if any, including planning for the staff's professional development and taking any other appropriate action in regard to their child-placing decisions [Medium]; and
Directly perform the responsibilities of the child placement staff, as appropriate (e.g. the child placement staff is absent or unavailable) [Medium-High].
§749.669 - How do child placement management staff document approval?
Effective Date: January 2017
Child placement management staff must review and approve by signing and dating the following documents:
Assessment/admission forms [Medium];
Initial and subsequent placement documents [Medium];
Foster and adoptive home screenings [Medium-High];
Investigation reports of minimum standards deficiencies that Licensing requested you conduct [Medium-High];
Foster home development and/or corrective action plans [Medium-High];
Initial and updated service plans [Medium];
Discharge or transfer plans and summaries [Medium];
Any restrictions you impose on the child:
- (A) For more than 30 days that the treatment director or service planning team has not approved [Medium]; and
- (B) That continues for more than 30 days and must be re-evaluated by the child placement management staff [Medium];
Any restrictions to communication and visitation with family imposed on a child [Medium-Low];
Any restrictions to a particular room or building for more than 24 hours imposed on a child [Medium]; and
Child placement staff contacts with children per §749.1291 of this title (relating to What are the requirements for contact between child placement staff and children in foster care?) [Medium].
§749.673 - What are the qualifications that an employee must have to perform child placement activities?
Effective Date: January 2017
In addition to the requirements that all employees must meet, employees who perform child placement activities must meet the following qualifications [Medium]:
| Options for Qualifications | Educational Qualifications | Professional Qualifications |
|---|---|---|
| Option 1 | (1) A master's degree from an accredited college or university; or (2) A bachelor's degree from an accredited college or university in social work or other human services field |
(A) One year of documented full-time work experience in a child-placing agency, in a residential child-care operation, or as a conservatorship caseworker or foster adoptive home development worker for the department. The experience must be in conducting assessments, service planning, or case management duties. The experience may include a maximum of 350 hours of formal, supervised field placement or practicum in child-placing activities; or (B) One year working under the direct supervision of child placement management staff. The direct supervision with the child placement management staff must consist of 10 documented, monthly, face-to-face, individual, case-related conferences over the year. The direct supervision must continue until the employee's previous experience and directly supervised experience totals one year |
| Options for Qualifications | Educational Qualifications | Professional Qualifications |
|---|---|---|
| Option 2 | A bachelor's degree from an accredited college or university | (A) Two years of documented full-time work experience in a child-placing agency, in a residential child-care operation, or as a conservatorship caseworker or foster adoptive home development worker for the department. The experience must be in conducting assessments, service planning, or case management duties. The experience may include a maximum of 350 hours of formal, supervised field placement or practicum in child-placing activities; or (B) Two years of working under the direct supervision of child placement management staff. The direct supervision with the child placement management staff must consist of 10 documented, monthly, face-to-face, individual, case-related conferences over each annual period. The direct supervision must continue until the employee's previous experience and directly supervised experience totals two years |
§749.675 - What are the qualifications an employee must have to perform child placement management activities?
Effective Date: April 2022
In addition to the requirements that all employees must meet, employees who perform child placement management activities must meet the following qualifications [Medium]:
| Options for Qualifications | A license in social work or another human services field | Educational Qualifications | Professional Qualifications (Any field placement or practicum experience may not be counted) |
|---|---|---|---|
| Option 1 | Yes | (A) A master's degree from an accredited college or university in social work or other human services field; and (B) Nine credit hours in graduate level courses that focus on family and individual function and interaction |
One year of documented full-time experience in a child-placing agency, in a residential child-care operation, or as a Child Protective Services caseworker for the Texas Department of Family and Protective Services (DFPS). The experience must be in conducting assessments, service planning, or case management duties |
| Options for Qualifications | A license in social work or another human services field | Educational Qualifications | Professional Qualifications (Any field placement or practicum experience may not be counted) |
|---|---|---|---|
| Option 2 | No | (1)(A) A master's degree from an accredited college or university; and (B) Nine credit hours in undergraduate or graduate level courses that focus on family and individual function and interaction; or (2)(A) A bachelor's degree from an accredited college or university in social work or other human services field; and (B) Nine credit hours in undergraduate or graduate level courses that focus on family and individual function and interaction |
Two years of documented full-time experience in a child-placing agency, in a residential child-care operation, or as a Child Protective Services caseworker for DFPS. The experience must be in conducting assessments, service planning, or case management duties |
| Option 3 | No | (A) A bachelor's degree from an accredited college or university; and (B) Nine credit hours in undergraduate or graduate level courses that focus on family and individual function and interaction |
Three years of documented full-time experience in a child-placing agency, in a residential child-care operation, or as a Child Protective Services caseworker for DFPS. The experience must be in conducting assessments, service planning, or case management duties |
§749.677 - What are the requirements for child placement management staff at a branch office?
Effective Date: January 2007
(a) You must have a child placement management staff assigned for each branch office to perform the child-placement activities [Medium].
(b) Your child placement management staff must have and document at least 10 monthly supervision conferences per year with a branch-office employee who performs child-placing activities [Medium].
(c) Employees performing child-placing activities must have reasonable access to their supervisor(s) [Medium-Low].
§749.679 - What are the requirements for the caseloads of my child placement staff?
Effective Date: January 2017
There are no caseload requirements for child placement staff; however, you must [Medium]:
Maintain compliance with 749.305(a)(2) of this title (relating to What are the requirements for administrators and treatment directors for a main office and branch offices?), if applicable; and
Ensure that all caseloads allow child placement staff to meet the needs of children in care and adequately support foster and adoptive homes.
Division 4 - Treatment Director
§749.721 - Must I have a treatment director?
Effective Date: January 2007
You must have a treatment director if you provide treatment services to 30 or more children at any one time, or to more than 50% of the children in your care. Your treatment director must be a full-time employee of your agency [Medium-High].
§749.723 - What are the responsibilities of my treatment director?
Effective Date: January 2007
(a) Your treatment director:
Is responsible for your overall treatment program, including clinical responsibility for the management of your agency's therapeutic interventions [Medium-High]; and
Provides direction and overall management of your treatment program [Medium-High].
(b) When assigning responsibilities to your treatment director, you must ensure that the treatment director can oversee the treatment of all children receiving treatment services [Medium-High].
§749.725 - What qualifications must a treatment director have?
Effective Date: January 2017
(a) A treatment director that provides or oversees treatment services for children with intellectual disabilities or children with autism spectrum disorder must be [Medium-High]:
Licensed as a psychiatrist, psychologist, professional counselor, clinical social worker, marriage and family therapist, or registered nurse; or
Certified by the Texas Education Agency as an education diagnostician, have a master's degree in special education or a human services field, and have three years of experience working with children with intellectual disabilities or autism spectrum disorder.
(b) A treatment director that provides or oversees treatment services for children with primary medical needs must be a physician or a licensed registered nurse [Medium-High].
(c) A treatment director that provides or oversees treatment services for children with emotional disorders must [Medium-High]:
Be a psychiatrist or psychologist;
Have a master's degree in a human services field from an accredited college or university and three years of experience providing treatment services for children with an emotional disorder, including one year in a residential setting; or
Be a licensed master social worker, a licensed clinical social worker, a licensed professional counselor, or a licensed marriage and family therapist, and have three years of experience providing treatment services for children with an emotional disorder, including one year in a residential setting.
§749.727 - If I provide more than one type of treatment service, can I have one treatment director?
Effective Date: January 2007
Yes, you can have one treatment director if he meets the required qualifications for the most prevalent treatment services your agency offers [Medium].
Technical Assistance
If you provide multiple treatment services, you may want to consider hiring more than one treatment director. Otherwise, your treatment director must either meet minimum qualifications for all treatment services that you provide or must meet minimum qualifications for your most prevalent treatment service. If there is no clear prevalence, you will need to base the qualifications for this position on the treatment service that your operation intends or predicts to be the most prevalent (and manage your admissions accordingly), or manage your admissions based on the qualifications of your treatment director.
Division 5 - Treatment Services Provided by Nursing Professionals
§749.741 - What treatment services must a registered nurse provide if I support a child with primary medical needs?
Effective Date: December 2014
A registered nurse must be on staff or on contract and must [Medium]:
Perform a nursing assessment of the child to include documentation of the child's diagnosed medical needs and selection of placement [Medium-High];
Lead or participate in the service planning process for the child's care [Medium];
Review medical records, including compliance with written physician orders [Medium];
Contact other professionals, as needed, for the child's care [Medium];
Monitor the implementation of the child's service plan [Medium]; and
Document outcomes for interventions used in the child's care [Medium].
Division 6 - Contract Staff and Volunteers
§749.761 - What are the requirements for a volunteer?
Effective Date: April 2022
(a) You must maintain a personnel record for each volunteer [Medium-Low].
(b) The personnel record must include a statement signed and dated by the volunteer indicating the volunteer must immediately report any suspected incident of abuse, neglect, or exploitation to the Texas Abuse and Neglect Hotline and the agency's administrator or administrator's designee. An internal reporting policy may not require or allow a volunteer to delegate the person's responsibility or require a volunteer to obtain approval to report suspected abuse, neglect, or exploitation [Medium].
§749.763 - Are there additional requirements for a volunteer or contractor that performs employee or caregiver functions?
Effective Date: January 2007
(a) A volunteer or contractor that performs any employee or caregiver function must meet the same requirements as an employee or caregiver who performs that function [Medium].
(b) You must maintain records documenting how these requirements are met [Medium].
§749.767 - When is a volunteer or contractor who is part of another organization subject to my policies and procedures?
Effective Date: January 2017
(a) A volunteer or contractor who is part of another organization is subject to your policies and procedures unless that organization provides screening, training, and supervision to the volunteer/contractor that are adequate to protect the health and safety of children. Before the volunteer/contractor can have contact with children [Medium-Low]:
The volunteer/contractor must meet the relevant requirements of your policies and procedures; or
You must confirm that the organization provides adequate screening, training, and supervision.
(b) An organization may be another licensed operation.
§749.769 - May a person perform community service hours at my agency?
Effective Date: January 2017
A person may not perform community service at your agency. For the purpose of this rule, community service includes service a person must perform because the person is on probation, parole, or otherwise required to perform the service through the courts because of criminal activity [High].
Revised: November 2025