Subchapter H: Foster Care Services: Admission and Placement
Technical Assistance
The admission information and admission assessment requirements vary based on the circumstances of the child's admission. Here are the applicable minimum standards based on the type of admission:
Regular Admission:
- a. Admission information per §749.1107
- b. Admission assessment per §749.1133
- i. Subsection (b) prior to admission
- ii. Subsection (c) within 40 days
Emergency Admission:
- a. Admission information per §749.1189
- b. Admission assessment per §749.1133
- i. Subsection (b) within 40 days
- ii. Subsection (c) within 40 days
Division 1, Admissions
§749.1101. Who may I admit?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
September 2010
(a) You may only admit children or young adults who meet your admission policy guidelines and whose needs you can meet. If you adopt a change in your admission policies that requires a change in the conditions of your permit, you must request an amendment to your permit with us. [Medium]
(b) Each placement must meet the child's physical, medical, recreational, educational, and emotional needs as identified in the child's admission assessment. [Medium-High]
§749.1103. After a child in my care turns 18 years old, may the person remain in my care?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
September 2010
(a) A young adult may remain in your care until his 23rd birthday in order to [Medium-Low]:
(1) Transition to independence, including attending college or vocational or technical training;
(2) Attend high school, a program leading to a high school diploma, or GED classes;
(3) Complete your program; or
(4) Stay with a minor sibling.
(b) A young adult who turns 18 in your care may remain in your care indefinitely if the person [Medium-Low]:
(1) Continues to need the same level of care; and
(2) Is unlikely to physically and/or intellectually progress over time.
§749.1105. May I admit a young adult into care?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
September 2010
(a) You may admit a young adult into your transitional living program.
(b) For other programs or services, the young adult must [Medium-Low]:
(1) Come immediately from another residential child-care operation if the reason for admittance is consistent with a condition listed in §749.1103 of this title (relating to After a child in my care turns 18 years old, may the person remain in my care?); or
(2) Be in the care of the Texas Department of Family and Protective Services.
(c) A young adult may remain in your care until his 23rd birthday. [Medium-Low]
§749.1107. What information must I document in the child's record at the time of admission?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
September 2022
(a) You must include the following in the child's record at the time of admission:
(1) The child's name, gender, race, religion, and date of birth [Medium-Low];
(2) The name, address, and telephone number of the managing conservator, the primary caregivers for the child, any person with whom the child is allowed to leave the foster home, and any other individual who has the legal authority to consent to the child's medical care [Medium-Low];
(3) The names, addresses, and telephone numbers of biological or adoptive parents, unless parental rights have been terminated [Medium-Low];
(4) The names, addresses, and telephone numbers of siblings [Medium-Low];
(5) The date of admission [Medium-Low];
(6) Medication the child is taking [Medium-Low];
(7) The child's immunization record [Medium];
(8) Allergies, such as food, medication, sting, and skin allergies [Medium-High];
(9) Chronic health conditions, such as asthma or diabetes [Medium-High];
(10) Known contraindications to the use of restraint [Medium-High];
(11) Identification of the child's treatment needs, if applicable, and any additional treatment services or programmatic services the child is receiving [Medium];
(12) Identification of the child's high-risk behaviors, if applicable, and the safety plan employees and caregivers will implement related to the behaviors [High];
(13) If a suicide risk screening is required at admission and the child is screened as having a high or potential risk of suicide [High]:
(A) The identification of any risk factors or warning signs of suicide, if applicable and not already identified in paragraph (12) of this section; and
(B) The safety plan employees and caregivers will implement related to the risk factors and warning signs;
(14) The results of the suicide screening at admission, if required [Medium];
(15) A copy of the placement agreement, if applicable [Low]; and
(16) Documentation of the attempt to notify the parent of the child's location as required by §749.1113(c)(3) of this title (relating to What information must I share with the parent at the time of placement?), if applicable. [Medium]
(b) For emergency admissions, you must meet the requirements in Division 4 of this subchapter (relating to Emergency Admission).
§749.1109. What is a placement agreement?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
January 2017
(a) A placement agreement is your agreement with a child's parent or the child that defines your roles and responsibilities and authorizes you to obtain or provide services for the child. The placement agreement must include:
(1) Authorization permitting you to care for the child [Medium-Low];
(2) A medical consent form signed by a person authorized by the Texas Family Code to provide consent [High]; and
(3) The reason for placement and anticipated length of time in care. [Low]
(b) A placement agreement must be signed by the child's parent, except as provided in subsection (c). [Medium]
(c) For a transitional living program, a child 16 years old or older may sign the placement agreement on the child's own behalf, as provided in the Texas Family Code §32.203, without the consent of the child's parent if the child [Medium]:
(1) Resides separate and apart from the child's parent and manages the child's own financial affairs;
(2) Is unmarried and pregnant; or
(3) Is unmarried and a parent.
§749.1111. What orientation must I provide a child?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
January 2017
(a) Within seven days of admission, you must provide orientation to each newly admitted child who is five years old or older. You must gear orientation to the intellectual level of the child. [Medium]
(b) Orientation must include information about your policies on the following [Medium-Low]:
(1) Visitation, including family visitation and overnight visitation [Medium-Low];
(2) Mail [Medium-Low];
(3) Telephone calls [Medium-Low];
(4) Gifts [Low];
(5) Personal possessions, including any limits placed on the possessions the child may or may not have [Medium-Low];
(6) Emergency behavior intervention, including your agency's policies and practices on the use of personal restraint and the child's input on preferred de-escalation techniques that caregivers can use to assist the child in the de-escalation process [Medium-High];
(7) Discipline [Medium-High];
(8) The religious program and practices [Medium-Low];
(9) The educational program [Low];
(10) Trips away from the home [Medium-Low];
(11) Program expectations and rules [Medium-Low]; and
(12) Internal grievance procedures. [Medium-Low]
(c) Orientation must include information on how to [Low]:
(1) Make complaints to outside agencies [Medium-High]; and
(2) Contact parties to a child's case (i.e. caseworker, attorney ad litem, guardian ad litem, CASA worker, etc.). [Medium]
(d) You must document in the child's record when the orientation occurred, any item that the orientation did not include, and the reason that the orientation did not include that item. [Low]
§749.1113. What information must I share with the parent at the time of placement?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
April 2022
(a) At admission, you must provide the following policies to the parent placing the child [Medium]:
(1) Fee policies [Low];
(2) Emergency behavior intervention policies [Medium-Low];
(3) Discipline policies [Medium-Low];
(4) Adoption policies, if applicable [Medium-Low]; and
(5) Any other policies required by us, upon request of the parent. [Medium-Low]
(b) At admission, you must provide and explain the following written information and policies to the parent placing the child:
(1) Information about the policies that you would present a child during orientation [Medium-Low];
(2) Your policies regarding the:
(A) Use of volunteers, if applicable [Low];
(B) Type and frequency of notifications made to parents [Low]; and
(C) Involvement of the child in any publicity or fundraising activity for the agency [Low]; and
(3) Information about the parent's right to refuse to or withdraw consent for a child to participate in:
(A) Research programs [Medium-Low]; or
(B) Publicity or fundraising activities for the agency. [Low]
(c) If you sign a placement agreement for a transitional living program with a child as specified in §749.1109(c) of this title (relating to What is a placement agreement?), then you:
(1) Must share the policies noted in subsection (a) of this section with the child, instead of the parent [Medium-Low];
(2) Do not have to comply with subsection (b) of this section, but you must provide and explain to the child your policies regarding the:
(A) Use of volunteers, if applicable [Low];
(B) Involvement of the child in any publicity or fundraising activity for the agency [Low]; and
(C) Child's right to refuse to or withdraw consent to participate in:
(i) Research programs [Medium-Low]; or
(ii) Publicity or fundraising activities for the agency [Low]; and
(3) Must attempt to notify the child's parent of the child's location, if the child was admitted without the consent of the parent. [Medium-High]
§749.1115. What information must I provide caregivers when I admit a child?
Subchapter H, Foster Care Services: Admission and Placement
Division 1, Admissions
January 2017
(a) By the day you admit the child for care, you must provide the caregivers responsible for the child's care with information about the child's immediate needs, such as enrolling the child in school or obtaining needed medical care or clothing. [Medium]
(b) You must inform appropriate caregivers of any special needs, such as medical or dietary needs or conditions or supervision needs, and document that the information was shared with the caregiver. [Medium-High]
Division 2, Admission Assessment
§749.1131. When must I complete the admission assessment?
Subchapter H, Foster Care Services: Admission and Placement
Division 2, Admission Assessment
January 2017
You must complete a non-emergency admission assessment prior to admission. [Medium]
§749.1133. What information must an admission assessment include?
Subchapter H, Foster Care Services: Admission and Placement
Division 2, Admission Assessment
April 2022
(a) An admission assessment must provide an initial evaluation of the appropriate placement for a child and ensure that you obtain the information necessary for you to facilitate service planning. [Medium]
(b) Prior to a child's non-emergency admission, an admission assessment must be completed, which includes [Medium-Low]:
(1) The child's legal status [Low];
(2) A description of the circumstances that led to the child's referral for substitute care [Medium];
(3) A description of the child's behavior, including appropriate and maladaptive behavior, and any high-risk behavior [Medium-High];
(4) Any history of physical, sexual, or emotional abuse or neglect [Medium-High];
(5) Any history of trauma [Medium-High];
(6) Current medical and dental status, including the available results of any medical and dental examinations [Medium];
(7) Current mental health and substance abuse status, including available results of any psychiatric evaluation, psychological evaluation, or psychosocial assessment [Medium];
(8) The child's current developmental, educational, and behavioral level of functioning [Medium-High];
(9) The child's current educational level, and any school problems [Medium];
(10) Any applicable requirements of §749.1135 of this division (relating to What are the additional admission assessment requirements when I admit a child for treatment services?) [Medium];
(11) Documentation indicating efforts made to obtain any of the information in paragraphs (1)-(10) of this subsection, if any information is not obtainable [Medium-Low];
(12) The services you plan to provide to the child [Medium-Low];
(13) Immediate goals of placement [Medium-Low];
(14) The parent's expectations for placement, duration of the placement, and family involvement [Low];
(15) The child's understanding of the placement [Low]; and
(16) A determination of whether and how you can meet the needs of the child. [Medium]
(c) Prior to completing a child's initial service plan, the following information must be added to the admission assessment [Medium-Low]:
(1) The child's social history, including information about past and existing relationships with the child's birth parents, siblings, extended family members, and other significant adults and children, and the quality of those relationships with the child [Medium-Low];
(2) A description of the child's home environment and family functioning [Medium-Low];
(3) The child's birth and neonatal history [Medium-Low];
(4) The child's developmental history [Medium-Low];
(5) The child's mental health and substance abuse history [Medium-Low];
(6) The child's school history, including the names of previous schools attended and the dates the schools were attended, grades earned, and special achievements [Low];
(7) The child's history of any other placements outside the child's home, including the admission and discharge dates and reasons for placement [Medium-Low];
(8) The child's criminal history, if applicable [Medium];
(9) The child's skills and special interests [Medium-Low];
(10) Documentation indicating efforts made to obtain any of the information in paragraphs (1)–(9) of this subsection, if any information is not obtainable [Low];
(11) The services you plan to provide to the child, including long-range goals of placement [Medium-Low];
(12) Recommendations for any further assessments and testing [Medium-Low];
(13) A recommended behavior management plan [Medium]; and
(14) A determination of whether and how you can meet the needs of the child, based on an evaluation of the child's special strengths and needs. [Medium]
(d) You must attempt to obtain a signed authorization, so you can subsequently request in writing materials from the child's current or most recent placement, such as the admission assessment, professional assessments, and the discharge summary. You must consider information from these materials when you complete your admission assessment if they are made available to you. [Medium-Low]
§749.1135. What are the additional admission assessment requirements when I admit a child for treatment services?
Subchapter H, Foster Care Services: Admission and Placement
Division 2, Admission Assessment
September 2022
When you admit a child for treatment services, you must do the following, as applicable:
| If: | Then: |
|---|---|
| (1) You intend to provide treatment services for a child with an emotional disorder or autism spectrum disorder | (A) The admission assessment must include a written, dated, and signed [Medium-High]: (i) Psychiatric evaluation or psychological evaluation, including the child's diagnosis [Medium-High]; or (ii) Psychosocial assessment as defined in §749.43 of this title (relating to What do certain words and terms mean in this chapter?). [Medium-High] (B) The psychiatric evaluation, psychological evaluation, or psychosocial assessment must have been completed within [Medium]: (i) 14 months of the date of admission, if the child is coming from another regulated residential child care operation [Medium]; or (ii) Six months of the date of admission, if the child is not coming from another regulated residential child care operation. (C) The admission assessment must include the reasons for choosing treatment services for the child. [Medium] (D) The admission assessment must include consideration given to any history of inpatient or outpatient treatment. [Medium-Low] |
| (2) You intend to provide treatment services for a child with an intellectual disability | (A) The admission assessment must include a written, dated, and signed [Medium-High]: (i) Psychological evaluation with psychometric testing, including the child's diagnosis [Medium-High]; or (ii) Psychosocial assessment as defined in §749.43 of this title. [Medium-High] (B) The psychological evaluation or psychosocial assessment must be completed within 14 months of the date of admission. [Medium] (C) The psychological evaluation must: (i) Be performed by a licensed psychologist who has experience with intellectual disabilities or published scales [Medium]; (ii) Include the use of standardized tests to determine the intellectual functioning of a child. The test results must be documented in the evaluation [Medium]; (iii) Determine and document the child's level of adaptive functioning [Medium]; and (iv) Indicate manifestations of an intellectual disability as defined in the Diagnostic and Statistical Manual of Mental Disorders 5 (DSM-5). [Medium] (D) The admission assessment must include the reasons for choosing treatment services for the child. [Medium-Low] (E) The admission assessment must include consideration given to any history of inpatient or outpatient treatment. [Medium-Low] |
| (3) You intend to provide treatment services for a child with primary medical needs | (A) The admission assessment must have a licensed physician's signed, written orders as the basis for the child's admission. An evaluation from a health care professional must confirm that the child can be cared for appropriately in a foster home setting and that the foster parents have been trained to meet the needs of the child and demonstrated competency. [Medium-High] (B) The written orders or hospital discharge must include orders for: (i) Medications [Medium-High]; (ii) Treatments [Medium-High]; (iii) Diet [Medium-High]; (iv) Range-of-motion program at stated intervals [Medium-High]; (v) Habilitation, as appropriate [Medium-High]; and (vi) Any special medical or developmental procedures. [Medium-High] (C) The admission assessment must include the reasons for choosing treatment services for the child. [Medium] (D) The admission assessment must include consideration given to any history of inpatient or outpatient treatment. [Medium] |
| (4) You intend to provide services to a child that is determined to be an immediate danger to others based on the child's behavior and history within the last two months, or a child is screened as a high or potential risk of suicide based on the results of a suicide risk screening at admission | (A) The admission assessment must include a written, dated, and signed [Medium-High]: (i) Psychiatric evaluation or psychological evaluation, including the child's diagnosis [Medium-High]; or (ii) Psychosocial assessment as defined in §749.43 of this title. [Medium-High] (B) The psychiatric evaluation or psychological evaluation must include: (i) The child's diagnosis, if applicable [Medium-High]; (ii) An assessment of the child's needs and potential danger to self or others [Medium-High]; and (iii) Recommendations for care, treatment, and further evaluation. If the child is admitted, the recommendations must become part of the child's service plan and must be implemented. [Medium-High] (C) The psychiatric evaluation, psychological evaluation, or psychosocial assessment must have been completed within [Medium]: (i) 14 months of the date of admission, if the child is coming from another regulated residential child care operation [Medium]; or (ii) Six months of the date of admission, if the child is not coming from another regulated residential child care operation. [Medium] |
§749.1137. What if I cannot obtain the required information for an admission assessment?
Subchapter H, Foster Care Services: Admission and Placement
Division 2, Admission Assessment
January 2007
(a) You must make reasonable efforts to obtain all required information. [Medium]
(b) If you and the child's parent determine that attempting to get information at the time of placement would not be in the child's best interests, you may postpone attempting to acquire the information. [Medium]
(c) In the child's admission assessment, you must document why a:
(1) Particular piece of information is unavailable [Medium]; or
(2) Delay obtaining a piece of information is necessary, including efforts made to obtain the information. [Medium]
Technical Assistance
Regarding subsection (a), Licensing expects documentation of at least three attempts to comply with a minimum standard requiring "reasonable effort" to obtain information. Efforts should be reasonably spaced, allowing enough time for a person to respond yet not unreasonably delaying the acquisition of the requested information.
Example: Calling a CPS caseworker or parent three times in one day would not be considered three separate "reasonable efforts" to obtain needed information, as this does not allow the person reasonable time to respond to each of the requests.
Example: Calling a CPS caseworker or parent once every three months to obtain information needed for an admission assessment would not be considered reasonable effort to obtain the information, as the third attempt would be made at least six months after the child was placed.
Example: Calling a CPS caseworker or parent once a week for three weeks to obtain information needed for an admission assessment would be considered reasonable effort to obtain the information, as this gives ample time for the person to respond to each call, and also seeks to obtain the information within one month of admission. No further attempts would be expected if the information was not obtained after these three attempts.
Division 3, Required Admission Information
§749.1151. What are the medical requirements when I admit a child into care?
Subchapter H, Foster Care Services: Admission and Placement
Division 3, Required Admission Information
January 2017
(a) You must ensure that the child has a medical examination by a health-care professional within 30 days after the date of admission. This exam is not required if you have documentation that the child has had a medical examination within the past year, including documentation in the child's health passport if the child is in the department's conservatorship. [Medium-High]
(b) If you admit a child with primary medical needs, you must provide the child with a medical examination by a health-care professional within seven days before or three days after admission. [High]
(c) If a child admitted shows symptoms of abuse or illness, a health-care professional must examine the child immediately. [High]
(d) The reports and findings of any medical examination must be documented in the child's record according to §749.1401(b) and (c) of this title (relating to What general medical requirements must my agency meet?). [Medium-Low]
Technical Assistance
Regarding subsection (a), there is one exception for those operations that contract with Child Protective Services. A child new to state conservatorship must receive a medical exam (Texas Health Steps Checkup) within 30 days after the date of admission into the foster care system. This must occur even if the child's health passport indicates that the child received a medical exam prior to entering the foster care system.
§749.1153. What are the dental requirements when I admit a child into care?
Subchapter H, Foster Care Services: Admission and Placement
Division 3, Required Admission Information
January 2017
(a) If the child is younger than three years old and a health-care professional recommends a dental examination, then you must ensure that a dentist examines the child. [Medium-Low]
(b) A child three years old or older must have a dental appointment scheduled with a dentist within 30 days after the date of admission, and the examination must occur within 90 days after the date of admission. A dental examination is not required if you have documentation that the child has had a dental examination within the past year, including documentation in the child's health passport if the child is in the department's conservatorship. [Medium-Low]
(c) The report and findings of the dental examination must be documented in the child's record according to §749.1409(b) and (c) of this title (relating to What general dental requirements must my agency meet?). [Medium-Low]
§749.1155. What must I document when I re-admit a child for care?
Subchapter H, Foster Care Services: Admission and Placement
Division 3, Required Admission Information
January 2007
For re-admission, you must complete the admission documentation as if the child was never in your care; or for children that were discharged from your agency within the last 12 months, you may update the previous admission documentation. [Medium-Low]
Division 4, Emergency Admission
§749.1181. For which of my programs may I accept emergency admissions?
Subchapter H, Foster Care Services: Admission and Placement
Division 4, Emergency Admission
January 2007
You may accept emergency admissions in all of your programs with the exception of a transitional living program. [Medium]
§749.1183. What constitutes an emergency admission to my child-placing agency?
Subchapter H, Foster Care Services: Admission and Placement
Division 4, Emergency Admission
July 2018
It is an emergency admission if:
(1) You must place the child within 72 hours;
(2) The child was removed from a situation involving alleged abuse or neglect;
(3) The child is an alleged perpetrator of abuse and cannot be served in the child's current placement due to the child's perpetrating behaviors;
(4) The child displays behavior that is an immediate danger to self or to others and cannot function or be served in his current setting;
(5) The child was abandoned and, after exercising reasonable efforts, the child's identity cannot be immediately determined. You must document the efforts made to obtain information on the child's identity in the child's record;
(6) The child was removed from the child's home or placement, and there is an immediate need to find a residence for the child;
(7) A law enforcement officer released the child to your child-placing agency that has been authorized to accept such admissions; or
(8) The child is otherwise without adult care.
§749.1185. May I take possession of a child from a law enforcement officer?
Subchapter H, Foster Care Services: Admission and Placement
Division 4, Emergency Admission
July 2018
You may take possession of a child from a law enforcement officer only if you meet the requirements of 40 TAC Chapter 745, Subchapter H, Division 2 (relating to Taking Possession of a Child Directly from a Law Enforcement Officer). [Medium-Low]
§749.1187. For an emergency admission, when must I complete all of the requirements for an admission assessment?
Subchapter H, Foster Care Services: Admission and Placement
Division 4, Emergency Admission
January 2017
(a) For an emergency admission, you must complete all of the requirements (see Division 2 of this subchapter (relating to Admission Assessment)) for an admission assessment within 40 days from the date of the child's admission. [Medium]
(b) In an emergency admission of a child receiving treatment services, the child must not continue in care for more than 30 days after the date of admission unless the child has received the psychiatric evaluation, psychological evaluation, psychosocial assessment, or medical evaluation that is required by §749.1135 of this title (relating to What are the additional admission assessment requirements when I admit a child for treatment services?), and the evaluation or assessment indicates manifestations of the disorder requiring treatment services. All evaluations and assessments must be signed, dated, and documented in the child's record. [Medium]
§749.1189. At the time of an emergency admission, what information must I document in the child's record?
Subchapter H, Foster Care Services: Admission and Placement
Division 4, Emergency Admission
September 2022
At the time of the emergency admission you must document in the child's record:
(1) A brief description of the circumstances necessitating the emergency admission [Medium-Low];
(2) The date of admission [Low];
(3) Allergies, such as food, medication, sting, and skin allergies [Medium-High];
(4) Chronic health conditions, such as asthma or diabetes [Medium-High];
(5) Known contraindications to the use of restraint [High];
(6) Identification of the child's high-risk behaviors, if applicable, and the safety plan employees and caregivers will implement related to the behaviors [High];
(7) If a suicide risk screening is required at admission and the child is screened as having a high or potential risk of suicide [High]:
(A) The identification of any risk factors or warning signs of suicide, if applicable and not already identified in paragraph (6) of this section; and
(B) The safety plan employees and caregivers will implement related to the risk factors and warning signs;
(8) The results of the suicide screening at admission, if required [Medium]; and
(9) For the purpose of providing treatment services:
(A) A brief description of the child's history [Medium];
(B) The child's current behavior [Medium]; and
(C) Your evaluation of how the placement will meet the child's needs and best interests. [Medium-Low]
Division 5, Foster Care Placement
§749.1251. What are the requirements for pre-placement visits for a child?
Subchapter H, Foster Care Services: Admission and Placement
Division 5, Foster Care Placement
January 2007
(a) A child over six months of age must visit the foster home at least once before placement. [Medium-Low]
(b) There must be a meaningful interval between the pre-placement visit and the placement. This interval must be at least sufficient to allow a child and foster parents to have privacy, an opportunity to discuss and consider placement, and to have their questions, opinions, and concerns addressed. [Medium-Low]
(c) You must document pre-placement visits in the child's record. [Medium-Low]
(d) Pre-placement visits are not required for emergency admissions.
§749.1253. What must staff do to prepare a child for a placement?
Subchapter H, Foster Care Services: Admission and Placement
Division 5, Foster Care Placement
January 2007
(a) The child-placement staff must discuss with the child the circumstances that make the placement necessary, as appropriate to the child's age and ability to respond orally and behaviorally to such a discussion. The discussion must take place prior to or at the time of the placement of a child. [Medium-Low]
(b) You must document into the child's record:
(1) That the discussion occurred [Medium-Low]; and
(2) The child's understanding of and response to the discussions and the placement. [Medium-Low]
§749.1255. What information from an admission assessment must I share with the caregivers responsible for the child's care?
Subchapter H, Foster Care Services: Admission and Placement
Division 5, Foster Care Placement
January 2007
(a) In a non-emergency placement, you must share all information from the admission assessment with the foster parents or caregiver responsible for the child's care prior to placement. [Medium-High]
(b) In an emergency placement, you must share with the foster parents or caregiver responsible for the child's care:
(1) At the time of placement, all available information relating to the child's needs and your plans for care and management [Medium-High]; and
(2) Within 10 days of completing the admission assessment, all information from the admission assessment. [Medium-High]
(c) You must document the following in the child's record:
(1) The information you share with the caregiver [Medium-Low];
(2) Any information you do not share and the reason why you did not share the information [Medium]; and
(3) How the placement is capable of meeting the child's needs. [Medium-Low]
Division 6, Subsequent Placement
§749.1281. What are the requirements when I move a child from one foster home to another?
Subchapter H, Foster Care Services: Admission and Placement
Division 6, Subsequent Placement
September 2010
(a) If the move is not an emergency, child placement management staff must:
(1) Review and approve the move before you move the child to the new placement [Medium];
(2) Document the review and approval in the child's record, including signature and date [Medium-Low]; and
(3) Comply with the pre-placement requirements in §749.1251 of this title (relating to What are the requirements for pre-placement visits for a child?). [Medium]
(b) If the move is an emergency, child placement management staff must:
(1) Give verbal approval before the move [Medium]; and
(2) Document the verbal approval in the child's record within 10 days of the placement. Documentation must be signed and dated and include the date verbal approval was given and circumstances of the emergency placement. [Medium]
(c) For all moves, child placement staff must prepare a child according to §749.1253 of this title (relating to What must staff do to prepare a child for a placement?). [Medium]
Division 7, Post-Placement Contact
§749.1291. What are the requirements for contact between child placement staff and children in foster care?
Subchapter H, Foster Care Services: Admission and Placement
Division 7, Post-Placement Contact
January 2017
(a) Except for children receiving treatment services for primary medical needs, child placement staff must have monthly face-to-face contact with a child in care. However, staff can miss two visits per year, provided a child does not go longer than 60 days without a visit. [High]
(b) For children receiving treatment services for primary medical needs, child placement staff or a nurse must have face-to-face contact with a child in care twice every month with no more than 20 days between visits days. However, staff can miss two visits per year, provided a child does not go longer than 30 days without a visit. [High]
(c) At least half of the contacts must occur in the foster home. [Medium-High]
(d) These contacts are to ensure the:
(1) Child is safe [Medium-High];
(2) Needs of a child are being met [Medium-High]; and
(3) Placement continues to be appropriate. [Medium-High]
(e) If the child is able to communicate in a meaningful way, the contact with the child must:
(1) Be for a length of time sufficient to address the child's needs and determine the appropriateness of the placement [Medium-High];
(2) Provide an opportunity to meet in private [Medium-High]; and
(3) Provide an opportunity for the child to express feelings about how the placement is working out. [Medium-High]
(f) If the child is non-verbal or pre-verbal, the contact with the child must be for a length of time sufficient for an appropriate observation of the child and the child's placement, including an assessment of any changes in behavior or developmental progress or delays as well as a verification that the placement is meeting the child's needs as specified in the service plan. [Medium-High]
(g) The required contacts must be significant and must be documented in the child's record. The documentation in the child's record must be sufficient to address the requirements of subsections (e) and (f) of this section. [Medium]
(h) Child placement management staff must review and approve documentation of contacts. [Medium]
Technical Assistance
Quality visits should occur in an area free from distractions and where other household members may not overhear the conversation.
For non-verbal or pre-verbal children, an appropriate observation may include observing a diaper change or seeing how the child interacts with a caregiver.
Subchapter I: Foster Care Services: Service Planning, Discharge
Technical Assistance
You may combine admission and service plan documentation, as long as the documentation meets the content requirements and time frames required by the applicable minimum standards. For example, you may combine an admission assessment and initial service plan for a child admitted as an emergency admission, as long as the content of the document complies with both §749.1133 and §749.1309 and the document is complete within 40 days of admission. A preliminary service plan would still be needed within 72 hours of admission, per §749.1301.
Division 1, Service Plans
§749.1301. What are the requirements for a preliminary service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
(a) You must complete a preliminary service plan that addresses the immediate needs of the child within 72 hours, such as supervision requirements, such as enrolling the child in school or obtaining needed medical care or clothing. [Medium]
(b) In addition, for a child receiving treatment services the preliminary service plan must include:
(1) A description of the child's immediate treatment and care needs [Medium];
(2) A description of the child's immediate, educational, medical, and dental needs, including possible side effects of medications or treatment prescribed to the child [Medium];
(3) A description of how you will meet the child's needs, including any necessary increased supervision or follow-up actions of possible side effects of medication or treatment provided to the child [Medium];
(4) The identification of any issues or concerns the child may have that could escalate a child's behavior. Identification of a child's issues or concerns must serve to avoid the use of unnecessary emergency behavior interventions with the child. Child concerns may include issues with food, eye contact, physical touch, personal property, or certain topics [Medium-High]; and
(5) A designation of who will be responsible for meeting each of the child's needs. [Medium]
(c) The plan must be compatible with the information included in the child's admission assessment. [Medium-Low]
(d) You must document the plan in the child's record. [Medium-Low]
(e) You must inform each professional service provider and caregiver working with a child about the child's preliminary service plan. [Medium]
(f) You must implement and follow the preliminary service plan. [Medium]
Technical Assistance
It is a good idea to include in service plans specific information about the situations that trigger significant emotional responses for the child (e.g., enclosed spaces, darkness, bedtime), successful intervention strategies to effectively de-escalate those responses, anger and anxiety management options to assist the child in calming, techniques for self-management, and specific goals that address the targeted behaviors that most often lead to emergency behavior interventions for the child.
§749.1305. Who must be involved in developing the preliminary service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2007
The child placement staff must develop, sign, and date the preliminary service plan. [Medium-Low]
§749.1307. When must I complete an initial service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
You must complete the initial service plan within 45 days after you admit the child. [Medium]
§749.1309. What must a child's initial service plan include?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
September 2022
(a) You must base the child's initial service plan on the child's needs identified in the child's admission assessment and integrate trauma informed care in the care, treatment, and management of each child. The service planning team may prioritize the child's service planning goals and objectives based on the child's admission assessment. However, any required service plan components not initially addressed must have a justification for the delay in addressing the needs. [Medium]
(b) The child's initial service plan must be documented in the child's record and include those items that a preliminary plan must include (see §749.1301 of this title (relating to What are the requirements for a preliminary service plan?)), and the items noted below for each specific type of service that you provide the child [Medium]:
| Type of Service | Items that must be included: |
|---|---|
| (1) Child-care services | (A) The child's needs identified in the admission assessment, in addition to basic needs related to day-to-day care and development, including [Medium]: (i) Medical needs, including scheduled medical exams and plans for recommended follow-up treatment [Medium]; (ii) Dental needs, including scheduled dental exams and plans for recommended follow-up treatment [Medium]; (iii) Intellectual functioning, including any testing and plans for recommended follow-up [Medium-Low]; (iv) Developmental functioning, including any developmental delays and plans to improve or remediate developmental functioning [Medium-Low]; (v) Educational needs and how those needs will be met, including planning for high school completion and post-secondary education and training, if appropriate, and any school evaluations or recommendations [Medium-Low]; (vi) Plans for normalcy, including [Medium]: (I) Social, extracurricular, recreation, and leisure activities [Medium]; and (II) Integrating the child into the community and community activities, as appropriate [Medium]; (vii) Therapeutic needs, including plans for psychiatric evaluation, psychological evaluation, psychosocial assessment or follow-up treatment, testing, and the use of psychotropic medications [Medium-Low]; and (viii) Cultural identity needs, including assisting children in connecting with their culture in the community [Medium-Low]; (B) Plans for maintaining and improving the child's relationship with family members, including recommendations for visitation and contacts between the child and the child's parents, the child and the child's siblings, and the child and the child's extended family [Medium]; (C) Recent information from the current caregiver's evaluation of the child's behavior and level of functioning [Medium]; (D) Specific goals and strategies to meet the child's needs, including instructions to caregivers responsible for the care of the child. Instructions must include specific information about: (i) The child's personal trauma history [Medium]; (ii) Level of supervision required [Medium-High]; (iii) The child's trauma triggers [Medium]; (iv) Methods of responding that improve a child's ability to trust, to feel safe, and to adapt to changes in the child's environment [Medium]; (v) Discipline techniques [Medium-High]; (vi) Behavior intervention techniques [Medium-High]; (vii) Plans for trips and visits away from the foster home [Medium]; and (viii) Any actions the caregivers must take or conditions the caregivers must be aware of to meet the child's special needs, such as medications, medical care, dietary needs, therapeutic care, how to communicate with the child, and reward systems [Medium]; (E) If the child is 13 years old or older, a plan for educating the child in the following areas [Medium]: (i) Healthy interpersonal relationships [Medium]; (ii) Healthy boundaries [Medium]; (iii) Pro-social communication skills [Medium]; (iv) Sexually transmitted diseases [Medium]; and (v) Human reproduction [Medium]; (F) If the child is 14 years old or older, plans for the caregivers to assist the child in obtaining experiential life-skills training to improve the child's transition to independent living. Plans must [Medium]: (i) Be tailored to the child's skills and abilities [Medium]; and (ii) Include training in practical activities that include, but are not limited to, grocery shopping, meal preparation, cooking, using public transportation, performing basic household tasks, and money management, including balancing a checkbook [Medium]; (G) For children 16 years old and older, preparation for independent living, including employment opportunities, if appropriate [Medium]; (H) For children who exhibit high-risk behaviors or have a suicide risk screening that indicates a high or potential risk of suicide [Medium-High]: (i) Plans to minimize the risk of harm to the child or others, such as special instructions for caregivers, sleeping arrangements, or bathroom arrangements [High]; and (ii) A specific safety contract developed between the child, employees, and caregivers that addresses how the child's safety needs will be maintained [High]; (I) Expected outcomes of placement for the child and estimated length of stay in care [Low]; (J) Plans for discharge [Low]; (K) The names and roles of persons who participated in the development of the child's service plan [Low]; (L) The date the service plan was developed and completed [Low]; (M) The effective date of the service plan [Low]; and (N) The signatures of the service planning team members that were involved in the development of the service plan. [Low] |
| (2) Treatment services | For children receiving treatment services, the plan must address all of the child's waking hours and include [Medium]: (A) The child-care services planning requirements noted in paragraph (1) of this subsection (weight is the weight of the missing element, if any, noted in paragraph (1)); (B) A description of the emotional, behavioral, and physical conditions that require treatment services [Medium]; (C) A description of the emotional, behavioral, and physical conditions the child must achieve and maintain to function in a less restrictive setting, including any special treatment program or other services and activities that are planned to help the child achieve and to function in a less restrictive setting [Medium]; and (D) A list of emotional, physical, and social needs that require specific professional expertise, and plans to obtain the appropriate professional consultation and treatment for those needs. Any specialized testing, recommendations, or treatment must be documented in the child's record. [Medium] |
| (3) Treatment services for children with an intellectual disability | (A) The child-care and treatment services planning requirements noted in paragraphs (1) and (2) of this subsection (weight is the weight of the missing element, if any, noted in paragraphs (1) and (2)); (B) A minimum of one hour per day of visual, auditory and tactile stimulation to enhance the child's physical, neurological, and emotional development [Medium]; (C) An educational or training plan encouraging normalization appropriate to the child's functioning [Medium]; and (D) Career planning for older adolescents who are not receiving treatment services for a severe or profound intellectual disability. [Medium] |
| (4) Transitional Living Program | (A) Child-care service planning requirements noted in paragraph (1) of this subsection (weight is the weight of the missing element, if any, noted in paragraph (1)); (B) Plans for encouraging the child to participate in community life and to form interpersonal relationships or friendships outside the transitional living program, such as extra-curricular recreational activities [Medium]; (C) Plans for education related to meal planning, meal preparation, grocery shopping, public transportation, searching for an apartment, and obtaining utility services [Medium]; (D) Career planning, including assisting the child in enrolling in an educational or vocational job training program [Medium]; (E) Money management and assisting the child in establishing a personal bank account [Medium]; (F) Assisting the child with how to access resources, such as medical and dental care, counseling, mental health care, an attorney, the police, and other emergency assistance [Medium]; (G) Assisting the child in obtaining the child's social security number, birth certificate, and a driver's license or a Department of Public Safety identification card, as needed [Medium]; and (H) Problem-solving, such as assessing personal strengths and needs, stress management, reviewing options, assessing consequences for actions taken and possible short-term and long-term results, and establishing goals and planning for the future. [Medium] |
§749.1311. Who must be involved in developing an initial service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
(a) A service planning team must meet (e.g. face-to-face, video conference, or teleconference) to discuss and develop the service plan. The team must consist of [Medium]:
(1) At least one of the child's current caregivers [Medium];
(2) At least one professional service provider who provides direct services to the child [Medium]; and
(3) If you are providing treatment services to the child, at least two of the following professionals [Medium]:
(A) A licensed professional counselor;
(B) A psychologist;
(C) A psychiatrist or physician;
(D) A licensed registered nurse;
(E) A licensed master's level social worker;
(F) A licensed or registered occupational therapist; or
(G) Any other person in a related discipline or profession that is licensed or regulated in accordance with state law.
(b) The child, if verbal and developmentally able to participate, the parents, and the foster parents must be invited to the service planning meeting and should participate and provide input into the development of the service plan, including discussions regarding the child's participation in childhood activities. [Medium]
§749.1312. Can the service planning team discuss and develop a child's service plan in separate meetings?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
Yes, the service planning team may meet in one meeting, two or more meetings, or in separate meetings, provided that each service planning team member is informed of the discussions and comments regarding the child's service plan that were made at each meeting. [Medium-Low]
§749.1313. When must I inform the child's parents and foster parents of an initial service plan meeting?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
(a) The child's parents and foster parents must have at least two weeks advance notice of the initial service plan meeting. [Low]
(b) The child's record must include documentation of the notice and any responses from the parents and foster parents. [Low]
§749.1315. Must a professional service provider or a professional who must participate in a child's service plan be an employee of my agency?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2007
No. You may employ or contract with a professional service provider or any other professional who participates in a child's service plan.
§749.1317. What roles do professional service providers have in service planning?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
The roles of professional service providers in service planning include:
| Type of Treatment Service | The roles of professional level service providers in service planning include: |
|---|---|
| (1) Emotional disorder and autism spectrum disorder | (A) Reviewing the child's diagnoses [Medium]; (B) Reviewing the identified needs and the plan for treatment based on the child's diagnoses [Medium]; (C) Reviewing the techniques, strategies, and therapeutic interventions that are planned for the child to improve adaptive functioning [Medium]; and (D) Reviewing any medications prescribed for a child with special review of psychotropic medications; the presence or absence of medication side effects, including the effects of the medications on the child's behavior; laboratory findings; and any reason the child should not use a medication. [Medium] |
| (2) Intellectual disability | (A) Assessing the child's educational needs and progress toward meeting those needs [Medium-Low]; (B) Ensuring coordination between educators, caregivers, operation employees, and other professionals involved in the child's treatment [Medium]; and (C) Providing information to the education system on the strategies and techniques used with the child in the agency. [Medium] |
| (3) Primary medical needs | (A) Reviewing medications prescribed for a child [Medium]; (B) Recommending special equipment needed by a child [Medium]; and (C) Reviewing special instructions and training to caregivers for the daily care of the child. [Medium] |
§749.1319. What must I document regarding a professional service provider's participation in the development of an initial service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2007
(a) You must document the professional service provider's:
(1) Name [Low]; and
(2) Date of participation. [Low]
(b) The professional service provider must sign and date the document. If the provider disagrees with any portion of the plan, the provider must document the issue(s) of contention before signing it. [Low]
§749.1321. With whom do I provide a copy of the child's initial service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
(a) You must give a copy or summary of the initial service plan to the:
(1) Child, when appropriate. At a minimum, you must give a copy or summary of the plan to a child 14 years of age or older, unless there is justification for not providing the plan [Low];
(2) Child's parents [Low]; and
(3) Child's caregivers. [Medium]
(b) If you provide a copy or summary of the initial service plan to a child:
(1) The child must review the plan [Low];
(2) The child must sign the plan, or you must document the child's refusal to sign it [Low]; and
(3) You must document if the child disagrees with the plan. [Low]
(c) If you do not provide a copy or summary of the initial service plan to a child, you must document your justification for not sharing the plan in the child's record. [Low]
(d) You must document in the child's record that you provided a copy or summary of the initial service plan to the child's parents. [Low]
§749.1323. When must I implement a service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 1, Service Plans
January 2017
You must implement and follow an initial service plan as soon as all of the service planning team members have reviewed and signed the plan, but no later than 15 days after the date of the scheduled service-planning meeting involving the parents, foster parents, and the child. [Medium-Low]
Division 2, Service Plan Review and Updates
§749.1331. How often must I review and update a service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2017
Except for when the child's placement within your agency changes because of a change in the child's needs, you must review and update the service plan as follows:
| Weight | Type of Service | Review and Update |
|---|---|---|
| [Medium-Low] | (1) Child-care services | At least 180 days from the date of the child's last service plan. |
| [Medium-Low] | (2) Treatment services for emotional disorder, autism spectrum disorder, or primary medical needs | At least 90 days from the date of the child's last service plan. |
| [Medium-Low] | (3) Treatment services for intellectual disabilities | In the first year of care, the plan must be reviewed at least every 180 days from the date of the child's last service plan. Thereafter, the plan must be reviewed at least annually from the date of the child's last service plan review. |
§749.1333. How does a child's transfer affect the timing of the review of the child's service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2007
(a) You must review a child's service plan whenever the child's placement changes because of a change in the child's needs. [Medium]
(b) If the child's placement changes for another reason:
(1) The child's service planning team must approve the decision not to review the plan [Medium-Low]; and
(2) You must document the decision not to review the plan. [Medium-Low]
§749.1335. How do I review and update a service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2017
To review and update a service plan, you must:
(1) Evaluate the child's progress and the effectiveness of strategies and techniques used toward meeting identified needs, including educational progress reports and medical interventions [Medium];
(2) Identify any new needs and strategies or techniques to meet these needs, including instructions to appropriate employees and caregivers [Medium];
(3) Document any achieved or changed objectives [Medium];
(4) If the review shows no progress towards meeting the identified needs of the child, document reasons for continued placement [Medium-Low];
(5) Evaluate the possible effectiveness and side effects in the use of psychotropic medications prescribed for the child, any change in psychotropic medications during the period since the last review, and the behaviors and reactions of the child observed by caregivers, professional service providers, and parents, if applicable [Medium];
(6) Document visitation and contacts between the child and the child's parents, the child and the child's siblings, and the child and the child's extended family [Medium-Low];
(7) Update the estimated length-of-stay and discharge plans, if changed [Medium-Low];
(8) Evaluate the use and effectiveness of emergency behavior intervention techniques, if used, since the last service plan. If applicable, this evaluation must focus on [Medium-High]:
(A) The frequency, patterns, and effectiveness of types of emergency behavior interventions [Medium];
(B) Strategies to reduce the need for emergency behavior interventions overall [Medium]; and
(C) Specific strategies to reduce the need for use of personal restraints or emergency medication, as applicable [Medium-High];
(9) Document in the child's record the review and update of the plan [Medium-Low]; and
(10) Document the names of the persons participating in the review and update. [Medium-Low]
§749.1336. Can the child-placing agency continue to review and update a child's previous service plan without creating a new service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2017
Yes, a single service plan that continues throughout the time a child is in residential child care is acceptable, as long as you:
(1) Complete a preliminary service plan as required by §749.1301 of this title (relating to What are the requirements for a preliminary service plan?) each time a child is admitted into your care; and
(2) Continue to comply with the service plan review and update requirements in this Division of this Subchapter (relating to Service Plan Reviews and Updates).
§749.1337. Are the notification, participation, implementation, and documentation requirements for a service plan review and update the same as for an initial service plan?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2007
Yes, the same requirements found in Division 1 of this subchapter (relating to Service Plans) apply to a service plan review and update. [Medium-Low]
§749.1339. How often must I re-evaluate the intellectual functioning of a child receiving treatment services for intellectual disabilities?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 2, Service Plan Reviews and Updates
January 2017
(a) Each child's intellectual functioning must be re-evaluated at least every three years by a psychologist qualified to provide psychological testing [Medium-Low]; or
(b) A psychologist must determine the need and frequency for a specific child's intellectual functioning to be re-evaluated, such as a young child who may require more frequent testing. This determination, including justification for the time frame, must be documented in the child's record annually by the service planning team. [Medium-Low]
Division 3, Discharge and Transfer Planning
Technical Assistance
If you suspect the person picking up a child is under the influence of drugs or alcohol, you have the option of contacting local law enforcement to request their assistance.
You may not legally prevent the child from being picked up by a parent or person designated by the parent; however, you have the option of addressing this issue at admission by asking parents what they would like for you to do if you do not feel comfortable releasing the child to one of the parents or their designee and signing an agreement to this effect.
Law enforcement officers and DFPS Child Protective Services staff have the authority by law to remove a child without a parent's permission.
You may want to ask to see identification of persons you do not know.
§749.1361. What does a "transfer" of a child in care mean?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
September 2010
A transfer refers to a child in care who is moved from one of your programs to another one of your programs operated under the same permit or at the same location. For example, a child may transfer from one foster home in which he was receiving treatment services to another foster home that offers a transitional living program. A child may also transfer from your child-placing agency to your general residential operation, if your child-placing agency office is located on the same property as your general residential operation. This term does not apply if the child experiences a change in programs or services but remains in the same foster home. This term also does not apply if the child moves from one foster home to another for a reason other than a need for different services/programming, such as moving to be closer to siblings.
Technical Assistance
A transfer must comply with §§749.1363, 749.1365, and 749.1367. A transfer does not require:
- A discharge summary
- An admission assessment
- A preliminary or initial service plan
See §749.1333 regarding service plan updates related to transfers.
Movement from one foster home to another within the same child-placing agency is only considered a transfer when the primary reason for the move is to provide the child with programmatic or treatment services not offered in the child's current foster home but offered in the foster home to which the child is moving. Moves for other reasons, such as the foster parents deciding to relinquish their verification, are regulated as subsequent placements.
§749.1363. Who must plan a child's non-emergency discharge or transfer?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2017
(a) You must involve at least the following persons in planning the child's non-emergency discharge or transfer:
(1) At least one of the child's current caregivers [Medium-Low]; and
(2) At least one professional service provider involved in the child's service planning. [Medium-Low]
(b) You must invite the following persons to participate in planning the child's non-emergency discharge or transfer, if appropriate:
(1) The child [Medium-Low];
(2) The child's parent(s) [Medium-Low]; and
(3) Any other person pertinent to the child's care. [Low]
(c) If you are unable to plan the transfer or discharge with the persons required in subsections (a) and (b) of this section, you must document in the child's record the reason why. [Low]
(d) If a child in your care is not receiving treatment services, you must inform the child of the non-emergency discharge or transfer at least four days prior to the date of the discharge or transfer, unless your licensed child-placing agency administrator or child placement management staff has clear justification for not giving the child such notice. The licensed child-placing agency administrator or child placement management staff who determines the justification for the child not having the advance notice of the discharge or transfer, must put the justification in writing and sign and date it. The justification must be in the child's record. [Medium-Low]
(e) If a child in your care is receiving treatment services, you must inform the child of the non-emergency discharge or transfer at least four days prior to the date of the discharge or transfer, unless your treatment director, three members of the child's service planning team, or the child's psychiatrist or psychologist has a justification for not giving the child such notice. Whoever determines the justification for the child not having the advance notice of the discharge or transfer must put the justification in writing and sign and date it. The justification must be in the child's record. [Medium-Low]
§749.1365. May a foster home release a child to any person without my consent?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2007
No, the foster home must not release a child to any person without your consent. [High]
§749.1367. To whom can I discharge a child in a non-emergency situation?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2007
You must discharge a child to the child's parent or to anyone with written authorization from the parent or a person authorized by the court or by law to assume custody of the child. [High]
§749.1369. How do I discharge or transfer a child who is an immediate danger to self or others?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2017
The child's caregiver(s) or the child placement staff must accompany the child to the receiving operation, agency, or person unless the child's parent or law enforcement transports the child. [Medium-High]
§749.1371. What must I document in the child's record at the time of a discharge or transfer?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2017
At the time of a discharge or transfer, you must document the following:
(1) The date and circumstances of the discharge or transfer [Low];
(2) Date and time the child was informed of his discharge or transfer, if applicable [Low];
(3) For discharge, the name, address, telephone number and relationship of the person to whom you discharge the child, unless the child legally consents to a discharge. If the child legally consents to a discharge and does not want to involve the child's parent(s), you must document this in the child's record [Medium-Low];
(4) The child's service plans while in your care for the past 12 months [Medium-Low];
(5) A list of medications the child is taking, the dosage, frequency, and reason the medication was prescribed [Medium-Low];
(6) Any treatment for a physical condition that is in progress and requires continuing or follow-up medical care [Medium-High]; and
(7) For emergency discharge or transfer, the explanation given to the child regarding the reason for the discharge or transfer and the child's reaction to the discharge or transfer. [Medium-Low]
§749.1373. When I discharge a child, what information must I provide to the next placement or caregiver?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
September 2010
(a) On or before the child's discharge, you must attempt to obtain legal consent to release the information in subsection (b) of this section. If consent is not obtained, your attempt to obtain consent must be documented in the child's record. If consent is obtained, the information must be provided to the receiving placement or caregiver within 15 days of the date the child is discharged. [Medium-Low]
(b) If not already provided at the time of discharge, copies of the following documentation must be provided to the next placement or caregiver:
(1) A written discharge summary, which must include [Medium-Low]:
(A) Services provided to the child while in your care [Medium-Low];
(B) Accomplishments of the child while in your care [Medium-Low];
(C) An assessment of the child's remaining needs [Medium-Low];
(D) Recommendations about the services to meet the child's remaining needs [Medium-Low];
(E) Support resources for the child, including telephone numbers and addresses [Medium-Low]; and
(F) Aftercare plans and recommendations for the child, including medical, psychiatric, psychological, dental, educational, and social appointments [Medium-Low];
(2) The child's background information, including progress notes for the past 60 days if applicable [Medium-Low];
(3) Any unresolved incidents or investigations involving the child, if applicable [Medium-Low]; and
(4) Assessments and/or evaluations that you have performed for the child, including the child's admission assessment, diagnostic assessment, educational assessment, neurological assessment, and psychiatric or psychological evaluation. [Medium-Low]
§749.1377. What constitutes an emergency discharge or transfer?
Subchapter I, Foster Care Services: Service Planning, Discharge
Division 3, Discharge and Transfer Planning
January 2007
An emergency transfer or discharge occurs when:
(1) The parent withdraws a child unexpectedly from care;
(2) There is a medical emergency requiring inpatient care;
(3) The child is absent from the home and cannot be located; or
(4) There is an immediate danger to the child or others and you determine that you cannot serve the child.
Document Information:
- Part: 5 of 13
- Pages: 169-212 (44 pages)
- Version: November 2025
- Conversion Date: November 22, 2025
- Source: Texas HHSC Chapter 749 - Minimum Standards for Child Placing Agencies
Related Parts:
- Part 04: Training, Professional Development, Children's Rights
- Part 06: Foster Care Services - Medical/Dental Care, Medication, Daily Care
- Part 07: Foster Care Services - Emergency Behavior Intervention
Section Coverage: This document covers comprehensive requirements for foster care admissions, placement procedures, service planning, and discharge/transfer planning for Child Placing Agencies in Texas. It includes detailed requirements for admission assessments, service plan development, service plan reviews, and discharge procedures.