Subchapter M, Foster Homes: Screenings and Verifications
Revised: November 2025
Division 1, General Requirements
§749.2401. In what circumstances may I verify an individual spouse as a foster parent?
Subchapter M, Foster Homes: Screenings and Verifications
Division 1, General Requirements
June 2021
(a) You may verify only one spouse if:
(1) The spouse whom you verify will be the only one involved in the care of any foster child in the home;
(2) The spouses have been living apart for at least two years; and
(3) After interviewing the spouse living outside of the foster home as part of the screening process, you determine that the spouse will not:
(A) Have unsupervised access to foster children, as "unsupervised access" is defined in §745.601 of this title (relating to What words must I know to understand this subchapter); or
(B) Regularly or frequently be present at the foster home, as defined in §745.601 of this title.
(b) If the requirements in subsection (a) of this section are not met, you must verify both spouses to provide foster care. [Medium-High]
(c) If at any time the requirements in subsection (a) are no longer being met, the change in circumstances:
(1) Is considered a "major life change in the foster family";
(2) Requires an update to the foster home screening, as required by §749.2453 of this chapter (relating to When must I update the foster home screening?); and
(3) Requires closure of the foster home or adding the spouse to the verification certificate. [Medium-High]
Technical Assistance
For subsection (a), if these requirements are met, it is unlikely that the spouse who lives outside of the home will require a background check in relation to the foster home. However, you are responsible for submitting a background check request for the spouse if the spouse requires one under §745.605.
For subsection (c), in addition to the requirements noted here for a "major life change in the foster family" there are other requirements that a foster family and a child placing agency must follow, including:
- A foster home must notify a child-placing agency of any "major life change in the foster family," see §749.2655;
- A child-placing agency must evaluate the foster home for compliance with relevant minimum standards when there is a major life change, see §745.2801 and §745.2807; and
- A major life change must be documented and evaluated during quarterly supervisory visits, see §745.2815.
§749.2403. What minimum age requirement must foster parents and caregivers meet?
Subchapter M, Foster Homes: Screenings and Verifications
Division 1, General Requirements
January 2017
Each caregiver in a home that you verify must be at least 21 years old. [Medium-High]
§749.2405. Will my home have to be re-verified if I am a single foster parent and I get married after my home is verified?
Subchapter M, Foster Homes: Screenings and Verifications
Division 1, General Requirements
January 2007
Yes, you will have to re-verify that home in both spouse's names. [Medium]
§749.2407. May a home be verified or approved by more than one child-placing agency simultaneously?
Subchapter M, Foster Homes: Screenings and Verifications
Division 1, General Requirements
September 2010
(a) A home may not be verified to provide foster care services by more than one child-placing agency at one time. [Medium-High]
(b) A home may be simultaneously verified by one child-placing agency for foster care services only and approved by another child-placing agency(ies) for adoption only.
Division 2, Foster Home Screenings
§749.2445. What is a foster home screening?
Subchapter M, Foster Homes: Screenings and Verifications
Division 2, Foster Home Screenings
January 2017
(a) You must complete a foster home screening prior to verifying the foster home. [High]
(b) Your child placement management staff must review and approve each foster home screening. [Medium-High]
(c) The foster home screening must document:
(1) Required information (see §749.1819 of this title (relating to What information must I obtain for the foster home screening?)). [Medium]
(2) An assessment of the information obtained to determine whether the applicant meets the requirements for verification. [Medium]
(3) An evaluation of the information obtained in order to make recommendations about the applicant's capacity to work with children, including but not limited to age, gender, special needs, and number of children. [Medium]
(d) Regarding §749.2447(7) of this title, you must report to Licensing only the information obtained about the prospective foster family's domestic violence history, as applicable. You must report this information regardless of whether you verify the home. [Medium-High]
§749.2447. What information must I obtain for the foster home screening?
Subchapter M, Foster Homes: Screenings and Verifications
Division 2, Foster Home Screenings
June 2021
You must obtain, document, and assess the following information about a prospective foster home:
| Required Information | Description of Discussion, Assessment and Documentation Requirements |
|---|---|
| (1) The age of the prospective foster parents. Ages of all other members of the household. | All prospective foster parents must be at least 21 years old. You must document the ages of all household members. [Medium] |
| (2) The educational level of the prospective foster parents. | You must ensure and document that each foster parent is able to comprehend and benefit from training and provide appropriate care and supervision to meet the needs of children in care, in areas such as health, education, and discipline/behavior management, by doing either or both of the following [Medium]: (A) Require that foster parents have a high school diploma or a G.E.D. high school equivalency. The Texas Education Agency (TEA) or another public education entity outside of Texas must recognize the high school program or high school equivalent program; or (B) Screen each foster parent without a high school diploma or G.E.D. to ensure that each foster parent: (i) Is able to be an appropriate role model for children in placement; (ii) Is able to communicate with the child in the child's own language, or has other means to communicate with the child in the child's own language; and (iii) Meets the basic competencies that would otherwise be met by a high school diploma or G.E.D., including basic reading, writing, and math. |
| (3) Personal characteristics. | You must document information from foster parents that demonstrate your assessment of: (A) Emotional stability, good character, good health, and adult responsibility. [Medium-High] (B) The ability to provide nurturing care, appropriate supervision, reasonable discipline, and a home-like atmosphere for children. [Medium-High] |
| (4) History of current and previous interpersonal relationships, including marriages, common-law marriages, and other relationships between people who share or have shared a domestic life without being married. | You must document information about the marital status of the foster parents, including the present marital status, as well as a history of previous marriages or significant interpersonal relationships. You must include a description of the marriage or relationship, including reasons why any previous marriages or significant interpersonal relationships were ended. [Medium] |
| (5) A history of the prospective foster parents' residence and their citizenship status. | You must document the: (A) Length of time spent at each residence for the past 10 years (street address, city, state). [Medium-Low] (B) Citizenship of the prospective foster parents. [Medium-Low] |
| (6) The financial status of the prospective foster family. | (A) You must discuss with the prospective foster parents the current reimbursement process, if applicable, and assess the foster parents' understanding of that process. [Medium] (B) You must verify and document that the prospective foster parents have sufficient up-front income or other readily available assets to support their household and all children in care prior to receiving the foster care reimbursement for services provided. For each prospective foster parent you must obtain, document and assess the following [Medium]: (i) Proof of income for the past 60 days or two complete calendar months. Disability, social security, and/or other sources of income such as family support, Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) must be included, as applicable. [Medium] (ii) A copy of two consecutive itemized bank statements and/or the previous year's tax return. The bank statements must be related to the previous two calendar months prior to the date of application. If a foster family does not have two consecutive itemized bank statements or a previous year's tax return, then you must copy and document the evidence used to verify the financial status of the prospective foster family, including documenting the information used to verify the itemized monthly household expenses. [Medium] (iii) A monthly household expense report itemizing the following expenses [Medium]: (I) Mortgage/Rent; (II) Utilities; (III) Transportation; (IV) Food; (V) Medical; (VI) Clothing; (VII) Insurance; (VIII) Credit cards and loans; (IX) Legal (i.e. attorney fees, alimony and/or child support); (X) Pet; and (XI) Entertainment/miscellaneous. |
| (7) The results of criminal history and central registry background checks conducted on the prospective foster parents and any non-client person 14 years of age or older who regularly or frequently stays or is present in the home. | (A) Persons applying to foster children and any person, excluding clients, 14 years of age or older who will regularly or frequently be staying or present at the home, must obtain a criminal history and central registry background check. See Chapter 745, Subchapter F of this title (relating to Background Checks). The specific results of those checks must be documented and assessed in the foster home screening and the foster home record. Any assessments of other parts of a home screening must include and assess relevant background check result information. For example, paragraphs (3) and (6) about a foster family's personal characteristics and financial status should consider and assess a misdemeanor theft by check, even though this crime is not a bar to becoming a foster parent. [High] (B) With respect to law enforcement service call information, you must do the following: (i) Obtain service call information from the appropriate law enforcement agency for each of the prospective foster parents' addresses over the past two years. Discuss with the prospective foster parents any service call information that you obtain from a law enforcement agency and the facts surrounding the incident. [High] (ii) Whether results were found or not, ask the prospective foster parents whether any law enforcement agency has responded to any of their residences in the past two years. If you obtain additional information from the prospective foster parents, request background information from each law enforcement agency that responded. Discuss the incident and any additional background information that you obtain with the prospective foster parents. [High] (iii) Assess and document information obtained from law enforcement and any discussion with the prospective foster parents in the foster home screening. [High] |
| (8) The prospective foster parents' motivation to provide foster care. | Assess and document the prospective foster parents' motivation and willingness to provide foster care. [Medium] |
| (9) Health status of all persons living in the home. | Discuss, assess, and document information about the physical and mental health status (including substance abuse history) of all persons living in the home in relation to the family's ability to provide foster care. You must discuss whether any health-related issues noted may affect the prospective foster parent's ability to care for a child in care. You must also observe these persons for any indication of problems and follow up, where indicated, with a professional evaluation. Document the information obtained through your observations and, if applicable, professional evaluations. [Medium] |
| (10) The quality of the current interpersonal relationship, including marriage, common-law marriage, or a relationship between people who share a domestic life without being married, and family relationships. | Discuss, assess, and document the quality of current and previous interpersonal and family relationships in relation to the family's ability to provide foster care. You must discuss and assess the stability of a couple's current and previous relationships, the strengths and problems of the relationship, and how those issues will affect the current environment and the prospective foster parents' ability to care for any foster children placed in the home. You must discuss and assess the quality of the relationships between prospective foster parents and their children, living in or out of the home, strengths and problems of those relationships, and how those issues will relate to foster children placed in the home. [Medium] |
| (11) The prospective foster parents' feelings about their childhoods and parents. | Discuss, assess, and document the prospective foster parents' feelings about their childhoods and parents, including any history of abuse or neglect and their resolution of those experiences. [Medium] |
| (12) The prospective foster parents' attitudes about a foster child's or his biological family's religion. | Discuss, assess, and document the prospective foster parents on [Medium-Low]: (A) Their willingness to respect and encourage a child's religious affiliation, if any. [Medium-Low] (B) Their willingness to provide a child the opportunity for religious and spiritual development, if desired. [Medium-Low] (C) The health protection they plan to give a child if a foster parent's religious beliefs prohibit certain medical treatment. [Medium-High] |
| (13) The prospective foster parents' values, feelings, and practices in regard to child care and discipline. | Discuss, assess, and document the applicants' knowledge of child development and their child-care experience. Discuss and assess the ways the applicants were disciplined as children and their reactions to the discipline they received. Discuss and assess the prospective foster parents' discipline styles, techniques, and their ability to recognize and respect differences in children and use discipline methods that suit the individual child. Discuss your approved disciplinary methods, which must comply with Subchapter K, Division 6 of this chapter (relating to Discipline and Punishment). If the prospective foster parents' current discipline methods are different than those that you approve, discuss and assess how they would change their child-care practices to conform to your approved methods. [Medium-High] |
| (14) The prospective foster parents' sensitivity to and feelings about children who may have been subjected to abuse or neglect. | Discuss, assess, and document the prospective foster parents' understanding of the dynamics of child abuse and neglect. Discuss and assess their understanding of how these issues and experiences will affect them, their families, and foster children in their care. Discuss and assess the prospective foster parent's ability to help children who have been abused or neglected. If a prospective foster parent experienced abuse or neglect as a child, assess his handling of those experiences and the impact of those experiences on the applicant's ability to help children deal with their own experiences. Assess the availability of family and community resources to meet the needs of the children in the family's care. [Medium-High] |
| (15) The prospective foster parents' sensitivity to and feelings about children's experiences of separation from or loss of their biological families. | Discuss, assess, and document the prospective foster parents' understanding of the dynamics of separation and loss and the effects of these experiences on children. Discuss and assess their personal experiences with separation and loss and their processing of those experiences. Assess the potential foster parents' acceptance of the process of grief and loss for children and assess their ability to help a child through the grieving process. [Medium] |
| (16) The prospective foster parents' sensitivity to, and feelings about, a child's biological family. | Discuss, assess, and document the prospective foster parents' feelings about the child's parents, including the issue of abuse or neglect of the child by the child's parents or other family members. Discuss and assess their sensitivity and reactions to the child's parents. Discuss and assess their sensitivity to and acceptance of a child's feelings about the child's parents and assess their ability to help the child deal with those feelings. Discuss and assess the prospective foster parents' sensitivity to and acceptance of the child's relationships with the child's siblings. Discuss and assess their willingness to support the child's relationships with parents, siblings, and extended family including their support for contacts between the child and the child's family. [Medium-Low] |
| (17) The attitude of other household members about the prospective foster parents' plan to provide foster care. | Discuss, assess, and document the attitudes of other household members toward the plan to provide foster care. Discuss and assess their involvement in the care of foster children, their attitudes toward foster children, and their acceptance of the verification as a foster family. [Medium] |
| (18) The attitude of the prospective foster parents' extended family regarding foster care. | Discuss, assess, and document the extended family's attitude toward foster care and foster children and the involvement the extended family will have with foster children. Discuss and assess the impact the extended family's attitudes will have on the family's ability to provide foster care and whether the extended family will serve as a support system for the foster family and for foster children. [Medium] |
| (19) Support systems available to prospective foster parents. | Discuss, assess, and document the support systems available to each foster parent and the support the family may receive from these resources. You must ask each prospective foster parent for information about any person who may provide support as a caregiver during an unexpected event or crisis situation, such as an illness or disability of a foster parent, loss of transportation, or the death of an immediate family member. Verify and document identifying information and availability of each person that will provide support as a caregiver. Any of these persons will need a fingerprint-based criminal history check before acting as a caregiver. Unless the person will be a caregiver immediately after you verify the home, the background check on the person does not have to be completed before you verify the home. [Medium] |
| (20) The prospective foster parents' expectations of and plans for foster children. | Discuss, assess, and document the prospective foster parents' expectations of the child and the flexibility of their expectations in relation to the child's actual needs and abilities. Discuss and assess their capacities to recognize and emphasize the strengths and achievements of the child and their capacities to adjust their expectations according to the abilities of the child. [Medium-High] |
| (21) The language(s) spoken by the prospective foster parents. | Document the language(s) spoken by each prospective foster parent. [Medium] |
| (22) Prospective foster parent's ability to work with specific kinds of behaviors and backgrounds. | (A) Discuss, assess, and document each prospective foster parent's willingness and ability to work with specific and challenging behaviors of foster children, including such things as backgrounds, special needs and/or disabilities. [Medium-High] (B) Discuss, assess, and document the prospective foster parents' understanding of the concepts of trauma informed care and how they would use those concepts in the care, treatment, and management of children placed in their home. [Medium-High] (C) Discuss, assess and document the prospective foster parents' willingness and ability to: (i) Care for and work with children of a specific gender. [Medium-High] (ii) Care for and work with children of a specific age range. [Medium-High] (iii) Care for a specific number of children, including whether or not the children are part of the same sibling group. [Medium-High] (iv) Provide respite care services to any additional number of children of a specific gender, within a specific age range, and with special needs that the family will not be providing care for full time. [Medium-High] (v) Provide any additional services Licensing regulates according to §749.61 of this title (relating to What types of Services does Licensing regulate?). [Medium-High] |
| (23) Background information from other child-placing agencies. | (A) Request, assess, and maintain the background information that a child-placing agency must provide you, as described in §749.2475 of this subchapter (relating to To whom must I release information regarding a family on which I previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report?). [Medium] (B) You must address and document the closure or any identified risk indicators, as applicable, with the prospective foster parents before approval and verification of the home if the background information indicates that: (i) The foster home was previously closed by a child-placing agency. [Medium] (ii) There was one or more potential risk indicators that the child placing agency did not adequately address with the foster parents. [Medium] |
§749.2449. Whom must I interview when conducting a foster home screening?
Subchapter M, Foster Homes: Screenings and Verifications
Division 2, Foster Home Screenings
June 2021
(a) Interviews for a foster home screening must be documented and must include at least:
(1) One individual interview with each prospective foster parent. [Medium]
(2) One individual interview with each child three years old or older living in the home either full- or part-time. [Medium]
(3) One individual interview with each other person living in the home either full- or part-time. [Medium]
(4) One joint interview with the prospective foster parents. [Medium]
(5) One family group interview with all family members living in the home. [Medium]
(6) One interview, by telephone, in person, or by letter, with each minor child 12 years old or older or adult child of the prospective foster parents not living in the home. [Medium]
(7) A minimum of one interview, by telephone, in person, or by letter with a family member not living in the home and not already interviewed. [Medium]
(8) A minimum of two interviews, by telephone, in person, or by letter with neighbors, school personnel if the prospective foster parents have school age children, clergy, or any other member of the prospective foster parents' community who are unrelated to the foster parents and can provide a description of the prospective foster parents' suitability to provide care for children. [Medium]
(b) You must visit the home at least once when all members of the household are present. [Medium-High]
(c) For subsection (a)(6) of this section, if you are unsuccessful in contacting an adult child, you may omit the interview with the adult child if you document your diligent efforts to locate the adult child in the home screening. Diligent efforts require at least three attempts to locate the adult child, multiple methods of contact (i.e. in person or virtual, by telephone, or by letter), as applicable, and discussions with the prospective foster parents and any other relevant persons about the location of the adult child. [Medium]
Technical Assistance
Interviews do not have to be face-to-face. For example, they can be a virtual, video, or phone interview. Subsection (b) does require at least one visit to the home when all members of the house are present.
§749.2451. What must I document regarding interviews I conduct for a foster home screening?
Subchapter M, Foster Homes: Screenings and Verifications
Division 2, Foster Home Screenings
January 2017
(a) You must document all interviews of persons you are required to interview for a foster home screening. [Medium-Low]
(b) The documentation must include the date and method used to contact each required person, the date of each interview, who was present at each interview, their relationship to the prospective foster parents, and a summary of each interview. [Medium-Low]
(c) This documentation must be a part of the foster home record. [Medium-Low]
§749.2453. When must I update the foster home screening?
Subchapter M, Foster Homes: Screenings and Verifications
Division 2, Foster Home Screenings
January 2017
(a) You must update a foster home screening, as follows:
(1) Under the circumstances described in §749.307(a) of this title (relating to What happens to the foster homes supervised by a branch office when the branch office closes?). [Medium]
(2) When there is a major life change in the foster family as described in §749.2805 of this title (relating to What is a "major life change in the foster family"?). [Medium]
(3) When there is a change that affects a foster home's verification as described in §749.2803 of this title (relating to What changes affect a foster home's verification?). [Medium]
(b) A foster home screening update may be made by using an addendum.
(c) You must complete a foster home screening update that is needed under the circumstances described in §749.307(a) of this title before issuing a new verification certificate. [Medium]
(d) You must do the following when updating a foster home screening because of a major life change in the foster family:
(1) Assess the appropriateness of any current placement of children in the foster home, immediately upon notification. [Medium]
(2) Complete the update within 30 days of the notification of the major life change. [Medium]
Division 3, Verification of Foster Homes
§749.2470. What must I do to verify a foster family home?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
June 2021
(a) You must take the following steps to verify a foster family home:
(1) Complete and document the requirements for §749.2447 of this subchapter (relating to What information must I obtain for the foster home screening?);
(2) Complete and document the required interviews as specified in §749.2449 of this subchapter (relating to Whom must I interview when conducting a foster home screening?);
(3) Obtain the following:
(A) A floor plan of the home that shows the dimensions and purposes of all rooms in the home and identifies the indoor areas for children's use. **[Medium-Low]**
(B) A sketch or photo of the outside areas that shows the buildings, driveways, fences, storage areas, gardens, recreation areas, and pools, ponds, or other bodies of water. **[Medium-Low]**
(4) Inspect the home to ensure and document that the home meets the appropriate rules of this chapter, including [Medium-High]:
(A) Subchapter K of this chapter (relating to Foster Care Services: Daily Care, Problem Management); and
(B) Subchapter O of this chapter (relating to Foster Homes: Health and Safety Requirements, Environment, Space and Equipment), including a:
- (i) Health inspection; and
- (ii) Fire inspection;
(5) If the home will provide a transitional living program, ensure the home complies with the policies developed according to §749.125 of this chapter (relating to What policies must I develop for foster parents who offer a transitional living program?). [Medium]
(6) Evaluate all areas required in this subchapter and make recommendations about the home's ability to care for and work with children with respect to a child's gender and age, the number of children, and the types of services to be provided. [Medium-High]
(7) If there are any indicators of potential risk to children based on the assessment and evaluation of an area required in this subchapter, document the indicators and how you addressed them with the prospective foster family before approval and verification of the home. [Medium]
(8) Obtain from the child placement management staff the review and approval of the home screening, and the recommended verification of the home. [Medium]
(9) Issue a verification certificate that specifies the [Medium-Low]:
(A) Name of the foster family home. **[Low]**
(B) Foster family home address and location. **[Low]**
(C) Foster family home's total capacity, which includes the biological and adopted children of the caregivers who live in the foster family home, any children receiving foster care or respite child-care, and any children for whom the family provides day care. **[Low]**
(D) Foster family home's foster care capacity, a subset of the total capacity, which includes only children placed for foster care or respite child-care. **[Low]**
(E) Gender and ages of children for which the home is verified to provide foster care or respite child-care. **[Low]**
(F) Types of services the foster family home will provide. **[Low]**
(G) Agency's main office or branch office, which issued the verification. **[Low]**
(H) Expiration date of a time-limited verification, if applicable. **[Low]**
(b) You can verify a foster home before the foster parents complete the pre-service training. However, foster parents must comply with the training requirements described in §749.863 of this subchapter (relating to What are the pre-service training requirements for a caregiver?) before you may place a child in the home.
§749.2473. What must I do to verify a foster home that another child-placing agency has previously verified?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
June 2021
(a) When a home has previously been verified by another agency, you must conduct and complete an entirely new home screening and comply with all of the requirements in §749.2471 of this title (relating to What must I do to verify a foster home?). [Medium]
(b) If the foster home is transferring from another child-placing agency, you must submit a written request to the agency that the foster home is transferring from requesting the background information required in §749.2447(23) of this title (relating to What information must I obtain for the foster home screening?). [Medium]
(c) If the foster home is transferring from another child-placing agency, with a child in care, you may verify the foster home prior to completion of the background check. [Medium]
(d) For a provisional verification, see Division 4 of this subchapter (relating to Temporary, Time-Limited, and Provisional Verifications).
§749.2475. To whom must I release information regarding a family on which I previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2017
(a) If background information is requested by a child-placing agency conducting a foster home screening, pre-adoptive home screening, or post placement adoptive report, then you must release background information regarding the current or previous foster home. [Medium]
(b) Background information must also be released to independent contractors who are hired or required by the court to conduct a social study under §107 of the Texas Family Code. [Medium]
(c) For the purposes of this section, background information includes:
(1) A foster home screening, pre-adoptive home screening, and post placement adoptive report and related documentation;
(2) Documentation of supervisory visits and evaluations for the past year;
(3) Any record of deficiencies and their resolutions for the past year, including information regarding pending investigations and unresolved deficiencies;
(4) The most current fire and health inspections;
(5) The transfer/closing summary for the foster home, as required by §749.2497 of this title (relating to Are transfer/closing summaries required for foster homes?);
(6) Copies of any current or previous plan to achieve compliance or other type of development plan for the past two years, if applicable; and
(7) Copies of any current or previous corrective action or adverse action plans for the past two years, if applicable.
(d) You must release the background information to the requesting agency by the 10th day after receiving the written request, including informing the requesting agency of any pending investigations and/or unresolved deficiencies. By the 10th day after the completion of any pending investigations and/or the resolution of any deficiencies, you must release to the requesting agency the [Medium]:
(1) Outcome of any investigations and any resulting deficiencies cited. [Medium]
(2) Resolution of any deficiencies. [Medium]
Technical Assistance
Chapter 42 of the Human Resources Code, §42.0535, specifies immunity from civil and criminal liability when releasing background information on a foster home in compliance with law and rule:
a. A child-placing agency that seeks to verify an agency home or an agency group home shall request background information about the agency home or group home from a child-placing agency that has previously verified that agency home or agency group home.
b. Notwithstanding Section 261.201, Family Code, a child-placing agency that has verified an agency home or an agency group home is required to release to another child-placing agency background information requested under Subsection (a).
c. A child-placing agency that releases background information under this section is immune from civil and criminal liability for the release of the information.
A child-placing agency is not required to release information to another child-placing agency on a potential home with whom they worked but did not complete a home screening/home study.
§749.2477. May I verify a foster home prior to approval by child placement management staff?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2007
No. Before you can verify a foster home, child placement management staff must:
(1) Review and approve the verification, including the documented foster home screening, home study, and other requirements. [Medium-High]
(2) Sign and date the document. [Medium-Low]
§749.2479. May I place children in a foster home before verifying the home?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2007
No, you cannot place children in a foster home before completing the foster home screening and verification. [Medium-High]
§749.2481. What type of certificate must a foster home have in order to prove verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2007
(a) You must give the home a verification certificate after:
(1) Verifying the home. [Low]
(2) Making any change that affects the verification certificate. [Low]
(b) The home must post the current verification certificate or have it immediately available upon request. [Low]
§749.2483. Do foster parent applicants have to own the home they live in for it to be their primary residence?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2007
No, they do not have to own or rent the home they live in for it to be considered their primary residence.
§749.2485. What are the requirements for verifying a foster home at a residence that I own?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
April 2022
(a) You must verify the home in the name of one foster family for whom the home is the primary residence. You may only verify the home in the name of one foster family. [Medium-Low]
(b) A home is considered a primary residence if the person lives there on a routine basis and [Medium-Low]:
(1) It is the place of residence on their most recent tax return; or
(2) It is the address listed on their motor vehicle registration, driver's license, voter's registration, or other document filed with a public agency.
§749.2487. What are the requirements for an agreement that I have with a foster home that I verify?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2017
(a) You must sign a written agreement with each agency foster home at the time that you verify the home. You and the foster home must each have copies of the signed agreement. You must file a copy of the signed agreement in the agency home record. [Medium-Low]
(b) The agreement must specify the following:
(1) The foster parents' responsibility for complying with rules of this chapter. [Medium]
(2) The financial agreement between you and the foster home. [Low]
(3) The foster home agrees not to admit a non-relative child for 24-hour care from any source other than you. [Medium-Low]
(4) You have the right to remove the child from the home at your discretion. [Low]
(5) You must consent to any discharge of a child from the home. [Medium-Low]
(6) Visits by the child's parents or relatives must be arranged through you. [Medium-Low]
(7) You are responsible for regular supervision of the foster home. [Medium-Low]
(8) The foster parents' commitment to comply with your policies regarding child care, discipline, supervision of children, and children's visits or trips away from the foster home. [Medium-Low]
(9) The foster parents' commitment to comply with your policies about foster parents' reports to you regarding foster children and events or occurrences impacting the provision of foster care. [Medium-Low]
§749.2488. What statement must I provide to foster parents regarding foster parent and child-placing agency rights and responsibilities?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
January 2017
(a) You must provide foster parents with a written copy of the following statement that lists the rights and responsibilities of foster parents and the child-placing agency [Medium]:
(1) Foster parents have the right to be treated with dignity, respect, and consideration as a member of the service planning team. [Low]
(2) Foster parents have the right and responsibility to participate in service planning and implementation of the service plan. [Low]
(3) Foster parents have the right and responsibility to obtain training that will assist them in meeting the needs of children placed in their home. [Medium]
(4) The child-placing agency has a responsibility to assist foster parents in identifying training that will enhance the foster parents ability to meet the needs of children placed in their home. [Medium]
(5) Foster parents and the child-placing agency have the responsibility to communicate with each other in a timely and effective manner. [Low]
(6) Foster parents have the right to be reimbursed for care of the children placed in their home in a timely manner and according to the child-placing agency's policy. [Low]
(7) The child-placing agency has the responsibility to provide relevant information about a child to foster parents when placing or considering placing the child. [Medium]
(8) Foster parents have the right and responsibility to obtain information and ask questions about children the child-placing agency would like to place in their home, including requesting a pre-placement visit. [Medium]
(9) Foster parents have the right to know how much discretion they have in declining specific placements without fear of negative repercussions. [Low]
(10) The child-placing agency has the responsibility to provide support to all of their foster parents and inform them of any services available to foster parents. [Low]
(11) Foster parents have the responsibility to report to the child-placing agency and Licensing information as required by the child-placing agency's policies and this chapter. [Medium]
(12) Foster parents have the right to appeal child-placing agency actions and decisions that affect them and to know the procedures for making an appeal. [Low]
(13) Foster parents have the responsibility to comply with this chapter as applicable. [Medium]
(14) The child-placing agency has the responsibility to provide foster parents with support, training, and oversight in order to ensure the foster parents are in compliance, as applicable, with this chapter. [Medium]
(15) Foster parents have the right to review their foster home record maintained by the child-placing agency. [Low]
(b) You and the foster parents must sign a copy of the statement at the time you verify the home. [Medium-Low]
(c) The foster home must have a copy of the signed statement. [Medium-Low]
(d) You must file a copy of the signed statement in the foster home record maintained by the child-placing agency. [Medium-Low]
(e) At the time you verify the home, you must also provide foster parents with a written copy of your policies relating to §749.121 of this title (relating to What policies must I develop concerning the rights and responsibilities of the child-placing agency and the foster parents?). [Low]
§749.2489. What information must I submit to Licensing about a foster home's verification status?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
June 2021
You must submit information to us within two working days of:
(1) Verifying a new foster home. [Medium]
(2) Temporarily verifying a foster home and when the verification is no longer temporary. [Medium-Low]
(3) Putting a foster home on inactive status or taking a foster home off of inactive status. [Medium-Low]
(4) Changing conditions of the verification for an existing home. [Medium-Low]
(5) Extending a time-limited verification. [Medium-Low]
(6) Changing a time-limited verification to a non-expiring verification. [Medium-Low]
(7) Provisionally verifying a foster home and when the verification is no longer provisional. [Medium-Low]
(8) Closing a foster home, including [Medium-Low]:
(A) The reason the foster home closed. [Medium-Low]
(B) The name and contact information of a person at your agency who may be contacted by another child-placing agency to obtain records relating to the closed foster home. [Medium-Low]
§749.2491. May I verify a foster home to provide different services?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
September 2010
(a) You may verify a foster home to provide different services as long as a child placement staff completes an assessment of the home that includes a review of the following [Medium]:
(1) The number, ages, and needs of children to be placed in the home. [Medium]
(2) The foster home's capacity to provide each different service and supervise all children appropriately. [Medium-High]
(3) The needs of any children currently in the home. [Medium]
(4) The foster parents' experience and ability to provide each service. [Medium-High]
(b) The child placement staff must sign, date, and document this assessment in the foster home record. The different services permitted must be listed on the verification certificate. [Medium-Low]
(c) Child placement management staff must review and approve the documentation prior to the placement of a child. You must document the review and approval in the record. [Medium-Low]
(d) For each placement of a child into a home verified to provide multiple types of services, a child placement staff must ensure there will be no conflict of care. Examples of conflicts in care are placements that [Medium]:
(1) Place one child at serious risk for harm by another child;
(2) Significantly compromise the care and supervision of any child in care;
(3) Require a level of expertise by the foster parents and/or caregivers that they do not possess; or
(4) Create an environment that is appropriately restrictive for one child but inappropriate for another.
(e) A child needing treatment services may only be placed in a foster home that is verified to provide the treatment services needed by that child. If the treatment service needs of any of the children in a foster home changes and the home is not verified to provide that particular treatment service, the foster parent must notify the child placement staff and a new assessment of the home must be completed, signed, and dated by the child placement management staff. If the foster home is not approved to provide the services after the assessment, then the child must be moved to a placement that can provide the needed services. [Medium]
§749.2493. May a foster home provide day care in addition to foster care?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
April 2022
A foster family home may provide day care in addition to foster care under the following conditions:
(1) The number and ages of children in both types of care must meet all relevant laws and rules, including the requirements listed in §745.375 of this title (relating to May I offer child day care at my agency foster home or independent foster home?). [Medium]
(2) The caregivers can supervise all children appropriately, meet all children's needs, and protect all children in both foster and day care. [Medium]
(3) There is adequate space and there are adequate staff or caregivers to meet all applicable rules. [Medium]
(4) The child-placing agency completes a written assessment, signed by child placement management staff, of the [Medium]:
(A) Needs of the children in foster care and how the needs of the children in day care may impact the foster children. [Medium]
(B) Basis for determining no conflict of care exists in providing the two types of care. [Medium]
(5) Both the Residential Child-Care and Child Day-Care Divisions of Licensing approve. [Medium]
§749.2495. Do foster home verifications expire?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
June 2021
Only temporary, time-limited, and provisional verifications have expiration dates. All other verifications are non-expiring.
§749.2497. What requirements are there for a transfer or closing summary?
Subchapter M, Foster Homes: Screenings and Verifications
Division 3, Verification of Foster Homes
June 2021
(a) You must have either a transfer summary or closing summary when a foster home transfers to another child-placing agency or closes. This includes when you do not issue a non-expiring verification to a foster home with a time-limited verification, temporary verification, or provisional verification. [Medium]
(b) A transfer summary must be completed by the 10th day after you receive a written request to transfer, and you must forward it immediately to the requesting child-placing agency. [Medium-High]
(c) A closing summary must be completed by the 20th day after the foster home is closed. [Medium]
(d) A transfer or closing summary must include:
(1) A copy of the verification certificate. [Medium]
(2) The foster home addresses for the past two years and, as needed, directions for rural addresses. [Medium]
(3) The length of time the foster parents have been fostering with you. [Medium]
(4) For the children that were in care for the last two years [Medium], the: - (A) Number of children fostered; - (B) Type of treatment services provided to each child; and - (C) Reason for each child's discharge from care;
(5) A description of any limitations on verification that were in place for the foster home in caring for and working with children (such as gender, age, number of children, treatment services, special needs, or type of abuse or neglect experienced by the child), regardless of whether the limitation was requested by the foster parent or imposed by you. [Medium]
(6) For a closing summary, the reason the foster home is closing, including whether you required the foster home to close. [Medium]
(7) For a transfer summary, any pending investigations or unresolved deficiencies. [Medium]
(8) For a closing summary, any unresolved deficiencies that had not been corrected and what those deficiencies were. [Medium]
(9) Any indicators of risk to children at the time of the transfer or closing and what those indicators are. [Medium]
(10) Any plan to achieve compliance or other type of development plan that was in place within the previous 12 months of the date of the transfer or closing. [Medium]
(11) Any corrective action or adverse action plan that was in place at the time of the transfer or closing. [Medium]
(12) A statement concerning whether you would recommend the foster home for verification in the future, including whether you would recommend any limitations or restrictions on the verification, and the basis of your recommendation or lack thereof. [Medium]
Division 4, Temporary, Time-Limited, and Provisional Verifications
§749.2520. What is the purpose of a temporary verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
The purpose of a temporary verification is to permit continued care of foster children in a verified foster home when a foster family moves from one residence to another and there is a short-term delay in ensuring the foster home will continue to meet all minimum standards in the new location. For example, fire and health inspections cannot be obtained prior to the move.
§749.2521. What must I do prior to issuing a temporary verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
December 2010
(a) You may only issue a temporary verification after:
(1) You inspect the new location. [Medium]
(2) You determine that the home meets the minimum standards, including all health and safety, environment, and space and equipment standards. [Medium]
(3) The child placement management staff reviews and approves the temporary verification by signing and dating it. [Low]
(b) You may not use a temporary verification to change the verification conditions (number of children, age, gender, or services provided) of an agency home other than residence address. [Medium-Low]
(c) You may not issue a temporary verification if no children are in placement in the foster home. [Low]
§749.2523. For what length of time can I issue a temporary verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
January 2007
(a) You may issue a temporary verification for up to six months. [Low]
(b) A temporary verification is valid for no longer than six months from the date the verification is issued. You may not renew the temporary verification. [Low]
§749.2525. Can foster children remain in the foster home while a temporary verification is in effect?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
January 2007
Yes, children who were in the care of the foster family at the time of the move may continue to live in the foster home while the temporary verification is in effect. However, you may not make new placements of children into a home that is temporarily verified. [Medium-Low]
§749.2526. What is the purpose of a time-limited verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
The purpose of a time-limited verification is to permit you to limit the length of time a home will be verified by assigning the verification a pre-determined end date, after which the home will no longer be verified to provide foster care. Foster homes with time-limited verifications must meet the same rules as foster homes with non-expiring verifications.
§749.2527. What must I do to issue a time-limited verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
December 2010
You must issue a time-limited verification according to the same rules and procedures as a non-expiring verification.
§749.2529. For what length of time may I issue a time-limited verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
December 2010
You may issue a time-limited verification for any length of time you determine to be appropriate.
§749.2531. Can I extend a time-limited verification or change the verification from time-limited to non-expiring?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
December 2010
Yes. To extend a time-limited verification or change the verification from time-limited to non-expiring, you must comply with the requirements in Subchapter N of this chapter (relating to Foster Homes: Management and Evaluation).
§749.2533. What is the purpose of a provisional verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
The purpose of a provisional verification is to permit continued care of foster children in a foster home that is transferring from one child-placing agency to another, whether in the current residence or a new residence.
§749.2535. What must I do prior to issuing a provisional verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
(a) You may only issue a provisional verification if the foster home will continue to care for foster children that the previous agency placed in the home.
(b) You may only issue a provisional verification after:
(1) You request and receive the background information from the foster home's former child-placing agency, which the agency is required to send according to §749.2475 of this subchapter (relating to To whom must I release information regarding a family on which I previously conducted a foster home screening, pre-adoptive home screening, or post placement adoptive report?). [Medium]
(2) Based on the background information you receive from the former child-placing agency, and any current screening and evaluation that your agency has conducted up to this point, you determine that the home does not present a potential risk to the health or safety of children. [Medium-High]
(3) If the foster home is moving to a new residence, you:
(A) Inspect the new location. **[Medium]**
(B) Determine that the home meets the minimum standards, including the standards in Subchapter O of this chapter (relating to Foster Homes: Health and Safety Requirements, Environment, Space and Equipment). **[Medium-High]**
(4) The child placement management staff reviews and approves the provisional verification by signing and dating it. [Medium]
(c) A foster home with a provisional verification must meet the same rules as a foster home with a non-expiring verification, except for any screening requirements that have not been completed. [Medium]
(d) A provisional verification must include any condition (number of children, age, gender, services provided) or any other restriction that was in the previous child-placing agency's verification. [Medium]
§749.2537. For what length of time can I issue a provisional verification?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
(a) A provisional verification is valid [Low]:
(1) For six months from the date it is issued; or
(2) Until the foster home is issued a non-expiring verification or closed.
(b) You may not renew the provisional verification. [Medium-Low]
§749.2539. Can foster children remain in the foster home while a provisional verification is in effect?
Subchapter M, Foster Homes: Screenings and Verifications
Division 4, Temporary, Time-Limited, and Provisional Verifications
June 2021
Children who are in the care of a foster family that is transferring from one child-placing agency to another may continue to live in the foster home while the provisional verification is in effect. However, you may not make new placements of children into a home that is provisionally verified. [Medium]
Division 5, Capacity and Child/Caregiver Ratio
§749.2550. What does "children with primary medical needs requiring total care" mean when used in this Division?
Subchapter M, Foster Homes: Screenings and Verifications
Division 5, Capacity and Child/Caregiver Ratio
December 2014
"Children with primary medical needs requiring total care" means children receiving treatment services for primary medical needs who are completely or primarily dependent upon the foster parents for their activities of daily living, such as eating/feeding, bathing, grooming, dressing and ambulation.
§749.2551. What is the maximum number of children a foster family home may care for?
Subchapter M, Foster Homes: Screenings and Verifications
Division 5, Capacity and Child/Caregiver Ratio
November 2022
(a) A one-parent foster family home with one additional full-time, live-in caregiver or a two-parent foster family home may care for up to six children, except as noted in the chart below [Medium-High]:
| If the home cares for: | Then the maximum number of children the home may care for is: |
|---|---|
| Infants | Six, with a maximum of two infants and two more children less than six years old, unless the placement is necessary to maintain a sibling group of children. [Medium-High] |
| One child or more receiving treatment services for primary medical needs | • Six, with a maximum of three children with primary medical needs requiring total care, unless the placement is necessary to maintain a sibling group of children. [Medium-High] • Four, if all placements are children with primary medical needs requiring total care, unless the placement is necessary to maintain a sibling group of children. [Medium-High] • Foster family homes verified to provide treatment services to children with primary medical needs before January 1, 2015, may continue to care for up to six children with no limitation. [Medium-High] |
(b) A one-parent foster family home with one additional full-time, live-in caregiver or a two-parent foster family home may care for seven or eight children if all of the following criteria are met [Medium-High]:
(1) Each foster or adoptive child that you place in the home that expands the home's capacity to more than six children is placed in the home for the purpose of allowing:
(A) Siblings to remain together;
(B) A child with an established meaningful relationship with the foster family (including a relative or close family friend) to remain with the family;
(C) A parenting youth in care to remain with the child of the parenting youth; or
(D) A family with special training or skills to provide care to a child who has a severe disability;
(2) The foster family home cares for a maximum of two infants and two more children less than six years old, unless the placement is necessary to maintain a sibling group of children;
(3) The foster family home cares for a maximum of three children with primary medical needs requiring total care, unless the placement is necessary to maintain a sibling group of children;
(4) You complete a Foster Family Home Capacity Exception Form with the appropriate signatures and place the form in the foster family home record; and
(5) After you complete the exception form, you lower the home's capacity each time a child listed on the form leaves the home until the home's capacity does not exceed six. This applies to both a foster child that leaves and a child who was placed in the home to be adopted leaves without the adoption being consummated.
(c) A one-parent foster family home or two-parent foster family home with one foster parent absent for extended periods of time (such as military service or out-of-town job assignments) may care for up to six children, except as noted in the chart below [Medium-High]:
| If the home cares for: | Then the maximum number of children the home may care for is: |
|---|---|
| Any child less than five years old | Five. [Medium-High] |
| Infants | Five, with a maximum of two infants and two more children less than six years old, unless the placement is necessary to maintain a sibling group of children. [Medium-High] |
| Three or more children receiving treatment services | Four. [Medium-High] |
| One child or more receiving treatment services for primary medical needs | • Four, with a maximum of one child with primary medical needs requiring total care, unless the placement is necessary to maintain a sibling group of children. [Medium-High] • Two, if all placements are children with primary medical needs requiring total care, unless the placement is necessary to maintain a sibling group of children. [Medium-High] • Foster family homes verified to provide treatment services to children with primary medical needs before January 1, 2015, may continue to care for up to four children with no limitation. [Medium-High] |
(d) Notwithstanding subsections (a), (b), and (c) of this section, a child-placing agency may request an exception for a foster family home to care for seven or eight children by using the process for requesting a variance that is in 26 TAC Chapter 745, Subchapter J of this title (relating to Waivers and Variances for Minimum Standards) and meeting the requirements of that subchapter. When processing a request for a variance related to a foster home's capacity, we will consider any limitations in state or federal law.
(e) The maximum number of children that a foster family home may care for includes any biological and adopted children of the caregivers who live in the foster home, any children receiving foster or respite child-care, and any children for whom the family provides day care. All adults in care must also be counted in the capacity of the home as required by §749.2651(b) of this title (relating to May a foster home accept adults into the home for care?). [Medium-High]
Technical Assistance
In addition to the requirements in 749.2551(b), foster homes with a capacity of more than six children must continue to meet the other minimum standards that relate to foster homes, or a variance must be requested and approved, as appropriate, including:
- The capacity must be consistent with the requirements for determining capacity at §749.2555 (How do I determine capacity?);
- The foster home screening must be updated as required by §749.2453 (When must I update the foster home screening?);
- The foster home's verification certificate must be amended with the increased capacity as required by §749.2481 (What type of certificate must a foster home have in order to prove verification?); and
- The foster home's capacity must be updated on Licensing's public website as required by §749.2489 (What information must I submit to Licensing about a foster home's verification status?).
Here is an example to clarify paragraph 749.2551(b)(5): A foster family home is currently licensed for a total capacity of six children. Currently, the home has no biological children and four foster children. A CPA then determines it is appropriate to increase the foster family home's capacity to eight to take in a sibling group of four. If one of the current foster children leaves the home's care, then the CPA must reduce the capacity of the foster family home down to seven children. If another one of the current foster children leaves the home's care, then the CPA must reduce the capacity of the foster family home down to six children.
§749.2555. How do I determine capacity?
Subchapter M, Foster Homes: Screenings and Verifications
Division 5, Capacity and Child/Caregiver Ratio
January 2007
Capacity of the home is based on the:
(1) Number of caregivers, and the age of the children in the home and in placement. [Medium-High]
(2) Services being provided and the needs of the children in care. [Medium-High]
(3) Amount of space available for children. [Medium]
(4) Bathroom accommodations in the home. [Medium-Low]
§749.2557. May a foster home exceed its verified capacity?
Subchapter M, Foster Homes: Screenings and Verifications
Division 5, Capacity and Child/Caregiver Ratio
September 2010
(a) The number of children in a foster home, including the biological and adopted children of the caregivers who live in the foster home, any children receiving foster or respite child-care, and children for whom the family provides day care, must not exceed the total capacity stated on the home's verification. [Medium-High]
(b) Children visiting the home or in the home for infrequent babysitting are not counted in the capacity of the home. However, the caregivers in the home must ensure that the presence of additional children in the home does not prevent adequate supervision of children in foster and respite child-care. [Medium-High]
Division 6, Supervision
§749.2591. How am I responsible for ensuring adequate supervision of children in care?
Subchapter M, Foster Homes: Screenings and Verifications
Division 6, Supervision
January 2007
(a) Your child placement management staff must ensure that supervision of children in care adequately accounts for the following:
(1) Specific needs of the children in care in each home. [Medium-High]
(2) Non-routine events taking place in the lives of individual children, the foster parents, or the group of children in care. [Medium-High]
(3) The children's history, including background of abuse or neglect by caretakers, sexual or physical abuse against others, fire-setting, maiming or killing animals, suicide attempts, and run-away behaviors. [Medium-High]
(b) Your child placement management staff must also approve a written plan for the increased supervision of a child who presents an immediate harm to himself or others. [Medium-High]
§749.2593. What responsibilities does a caregiver have when supervising a child?
Subchapter M, Foster Homes: Screenings and Verifications
Division 6, Supervision
January 2017
(a) The caregiver is responsible for:
(1) Knowing which children they are responsible for. [High]
(2) Being aware of and accountable for each child's on-going activity. [High]
(3) Providing the level of supervision necessary to ensure each child's safety and well being, including auditory and/or visual awareness of each child's on-going activity as appropriate. [High]
(4) Being able to intervene when necessary to ensure each child's safety. [High]
(5) Not performing tasks that clearly impede the caregiver's ability to supervise and interact with the children while being responsible for the supervision of the children and meet any service-planning requirement regarding supervision of any child. [High]
(b) In deciding how closely to supervise a child, the caregiver must take into account:
(1) The child's age. [Medium-High]
(2) The child's individual differences and abilities. [Medium-High]
(3) The indoor and outdoor layout of the home. [Medium-High]
(4) Surrounding circumstances, hazards, and risks. [Medium-High]
(5) The child's physical, mental, emotional, and social needs. [Medium-High]
(c) Caregivers counted in the child/caregiver ratio must:
(1) Be aware of the children's habits, interests, and any special needs, including any special supervision needs. [Medium-High]
(2) Provide a safe environment. [High]
(3) Cultivate developmentally appropriate independence in children through planned but flexible program activities. [Medium-High]
(4) Positively reinforce children's efforts and accomplishments. [Medium-High]
(5) Ensure continuity of care for children by sharing with incoming caregivers information about each child's activities during the previous shift and any verbal or written information or instructions given by the parent or other professionals. [Medium-High]
(6) Implement and follow the children's service plans. [Medium-High]
(d) When a child participates in an unsupervised childhood activity, the caregiver must [Medium-High]:
(1) Know where the child is scheduled to be. [Medium-High]
(2) Give the child a specific time to return to the foster home or the caregiver's location. [Medium-High]
(3) Provide, arrange, or confirm an appropriate method of transportation to and from the activity. [Medium-High]
(4) Give the child a way to contact the caregiver in an emergency. [Medium-High]
(5) Be available to respond if the child contacts the caregiver and needs immediate assistance. [Medium-High]
(e) Caregivers that supervise a child receiving treatment services must maintain progress notes for the child, at a frequency determined by the service planning team. Caregivers must sign and date each progress note at the time the progress note is completed. Progress notes must be available for Licensing staff to review. [Medium-High]
Technical Assistance
Regarding subsection (d), children may also be away from the foster home and caregivers in order to participate in an activity supervised by adults not affiliated with the agency or foster home, such as an event sponsored by a religious youth group, Boy Scout or similar event, school-sponsored social event (like a dance), etc. The same expectations outlined in subsection (d) of this rule apply to these types of activities.
§749.2595. May I use a video camera to supervise a child in the child's bedroom?
Subchapter M, Foster Homes: Screenings and Verifications
Division 6, Supervision
January 2007
(a) Video cameras may be used to supervise infants and toddlers.
(b) Video cameras may not be used to supervise children, other than infants and toddlers, unless the:
(1) Parent, or other person legally authorized to consent, consents to the use of the video camera. [Medium]
(2) Child [Medium]:
(A) Is younger than five years old;
(B) Has primary medical needs; or
(C) Has a service plan that permits the use for purposes of reducing risks of sexually offensive behavior, physical aggression, or other behaviors identified as requiring heightened supervision, such as night terrors, sleepwalks, or resides in a bedroom with such a child. You must document the justification for the video camera in the child's service plan, and the child must have other accessible and reasonable locations where he may change his clothing in private.
(c) Video cameras may not be used to tape the child, and images may not be accessible except to the foster home's caregivers. [Medium]
§749.2597. Where must the caregivers reside in order to supervise children who are in a transitional living program?
Subchapter M, Foster Homes: Screenings and Verifications
Division 6, Supervision
January 2007
Caregivers counted in the child/caregiver ratio and responsible for supervising children in a transitional living program must:
(1) Reside within close physical proximity of the child's living quarters. [Medium-High]
(2) Be physically available to the children at all times. [Medium-High]
(3) Be capable of responding quickly in an emergency. [Medium-High]
(4) Be capable of monitoring the comings and goings of the children in the program. [Medium-High]
§749.2599. Can a child serve as a babysitter?
Subchapter M, Foster Homes: Screenings and Verifications
Division 6, Supervision
January 2017
A child who is 16 years old or older, including a foster child, may serve as a babysitter for children under the age of 13 as long as [Medium-High]:
(1) The child placement management staff approves the child to babysit and establishes limits with duration and frequency. [Medium-High]
(2) The child acts as a babysitter for no more than eight hours and never over night. [Medium-High]
(3) The child is certified in first aid and cardiopulmonary resuscitation (CPR). [High]
(4) Neither the child babysitting nor any of the foster children in the babysitter's care is receiving treatment services. [Medium-High]
Division 7, Normalcy
§749.2601. What is "normalcy"?
Subchapter M, Foster Homes: Screenings and Verifications
Division 7, Normalcy
January 2017
Normalcy is the ability of a child in care to live as normal a life as possible, including:
(1) Engaging in childhood activities that are suitable for children of the same age, level of maturity, and developmental level as determined by a reasonable and prudent parent standard; and
(2) Having normal interaction and experiences within a foster family and participating in foster family activities.
§749.2603. Are children in care required to participate in childhood activities?
Subchapter M, Foster Homes: Screenings and Verifications
Division 7, Normalcy
January 2017
(a) Children in care must participate in childhood activities, including unsupervised childhood activities, as much as possible. [Medium-High]
(b) Service planning meetings, and any decision making regarding the child's need for supervision, must include discussions on how normalcy for the child can be achieved, and discussions, if applicable, regarding a child's refusal to participate in childhood activities. The child's service plan must specify whether there are any restrictions on the child's participation in these activities and whether the activities may extend into sleeping hours. [Medium-High]
§749.2605. What is the "reasonable and prudent parent standard"?
Subchapter M, Foster Homes: Screenings and Verifications
Division 7, Normalcy
January 2017
(a) The reasonable and prudent parent standard is the standard of care that a parent of reasonable judgment, skill, and caution would use to maintain the health, safety, and best interest of the child and encourage the emotional and social growth and development of the child.
(b) When using the reasonable and prudent parent standard, a foster parent must take into consideration the following when deciding whether a child may participate in normal childhood activities:
(1) The child's age and level of maturity. [Medium]
(2) The child's cognitive, social, emotional, and physical development level. [Medium]
(3) The child's behavioral history and ability to safely participate in a proposed activity. [Medium]
(4) The child's overall abilities. [Medium]
(5) Whether the activity is a normal childhood activity for a child of that age and level of maturity. [Medium]
(6) The child's desires. [Medium]
(7) The surrounding circumstances, hazards, and risks of the activity. [Medium]
(8) Outside supervision of the activity, if available and appropriate. [Medium]
(9) The supervision instructions in the child's service plan. [Medium]
(10) The importance of providing the child with the most normal family-like living experience possible. [Medium]
(c) There is a presumption that a reasonable and prudent parent would include the child in normal interactions and experiences within the foster family and allow the child to participate in foster family activities, to the same extent as a similarly situated child born to the family.
§749.2607. Who makes the decision regarding a foster child's participation in childhood activities?
Subchapter M, Foster Homes: Screenings and Verifications
Division 7, Normalcy
January 2017
(a) Except as otherwise provided in subsection (c) of this section, a foster parent makes decisions regarding a child's participation in childhood activities. [Medium-High]
(b) When making decisions regarding a foster child's participation in childhood activities, the foster parent must follow the reasonable and prudent parent standard. [Medium-High]
(c) The service plan may not require the prior approval of the parent before the foster parent may consent to a foster child's participation in childhood activities. However, if the parent provides notice in advance that the child is prohibited from participating in a specific activity, the foster parent must follow the parent's decision. [Medium-High]
Division 8, Respite Child-Care Services
§749.2621. What are respite child-care services?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2007
(a) Respite child-care services are a planned alternative 24-hour care that has the purpose of providing relief to the child's primary caregiver.
(b) For the purposes of this chapter, respite child-care placement is a placement that lasts more than 72 hours. The placement of a child in a home for less than 72 hours is not respite child-care.
§749.2623. What must occur before I place a child for respite child-care services?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2017
Before placing the child in respite child-care services, you must:
(1) Notify the child's parent. [Medium-Low]
(2) Inform the child of the plan for respite child-care services, including the intended time of stay. [Medium-Low]
§749.2625. What information regarding the child must I share with the babysitter, overnight care provider, and respite care provider?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
December 2014
Before a babysitter, overnight care provider or respite care provider may provide care to a child, you must share the following information with the provider to ensure continuity of care [Medium-High]:
(1) Specific needs of a child, including [Medium-High]:
(A) All psychological, psychiatric or medical treatment currently being provided. [Medium-High]
(B) Medication regimen and medication instructions. [Medium-High]
(C) Authorization for medical treatment. [Medium-High]
(D) Safety plans. [Medium-High]
(E) Sleeping information. [Medium-High]
(F) Discipline instructions. [Medium-High]
(G) Any expectations that the foster parent or agency may have of the provider. [Medium-High]
(H) Any other needs of a child that should be addressed by the provider. [Medium-High]
(2) Non-routine events taking place in the life of the child, including any scheduled appointments such as family and sibling visits. [Medium-High]
(3) Emergency contact information, including the [Medium]:
(A) Child's physician(s). [Medium-High]
(B) Child's parent. [Medium]
(C) Agency's telephone number. [Medium]
(4) The child's history that may affect the provider's ability to provide care for the child, including [High]:
(A) Background of abuse and/or neglect. [Medium-High]
(B) Physical aggression or sexual behavior problems. [Medium-High]
(C) Fire setting. [Medium-High]
(D) Maiming or killing animals. [Medium-High]
(E) Suicidal ideations and attempts. [Medium-High]
(F) Run-away behaviors. [Medium-High]
§749.2627. What must occur before one of my foster homes accepts a child for respite child-care service?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2007
(a) You must approve each occurrence of respite child-care services in your homes. Respite child-care services must not be provided if it could be detrimental to the child. [Medium-High]
(b) Your child placement management staff must determine that the respite placement will not cause a conflict in care for any child that you have already placed in the foster home. The record of the foster home providing respite child-care services must include documentation of this determination. [Medium-High]
§749.2629. In addition to the requirements of this division, what requirements of this chapter apply to respite child-care services that a foster home provides?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
September 2010
You and the foster home providing respite child-care must meet all requirements of the applicable rules of this chapter for all children in care, including children admitted for respite child-care services. This includes compliance with capacity and child/caregiver ratios and supervision rules. Children receiving respite care in a foster home are counted in the capacity and child/caregiver ratio for the home. [Medium-High]
Technical Assistance
Children in respite child-care must meet the verification restrictions of a foster home that provides the respite child-care. The child-placing agency and the foster home providing respite child-care must meet all requirements of the applicable minimum standards for all children in care, including children admitted for respite child-care services. This includes compliance with capacity, child/caregiver ratio, and supervision requirements. For example, if a foster home is verified for six children and has four children in the home, it can only accept two children for respite child-care.
§749.2631. How long may a child be in respite child-care services?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2007
(a) With the exception of subsection (b) of this section, a child may be in respite child-care services for 14 consecutive days or 40 days each year. [Medium]
(b) A respite child-care placement that is made because a child's foster home is under investigation for abuse or neglect does not count toward nor is it limited by the time frames noted in subsection (a) of this section. However, these placements are limited to a maximum of 60 days. [Medium]
(c) If a child needs respite child-care services for more than 14 consecutive days or more than 60 days for an abuse or neglect investigation, this is considered a new placement and will not be respite child-care. [Medium]
(d) When a child finishes a respite child-care placement, he may not return to respite child-care services for at least 10 days. [Medium-Low]
(e) Respite child-care must not be used if it could be detrimental to the child. [Medium-High]
Technical Assistance
The time limit of 40 days per year of respite care for each child is intended to serve the best interests of the child by minimizing disruptions in care. To that end, and in an effort to comply with these minimum standard rules, you are expected to seek out information about a child's time spent in respite child-care at any previous placement(s) earlier in the year. You are responsible for limiting the child's placement(s) in respite child-care accordingly for the remainder of the year.
In addition, in an effort to comply with §749.2633, a child-placing agency which verifies a foster home previously verified by another agency is expected to obtain information about how much respite child-care the foster home has already provided that year and limit respite child-care in that home accordingly for the remainder of the year.
§749.2633. How frequently may a foster home provide respite child-care services?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2007
(a) The home may not provide respite child-care services for more than [Medium-Low]:
(1) 14 consecutive days; or
(2) 60 days annually.
(b) A respite child-care placement that is made because a child's foster home is under investigation for abuse or neglect does not count toward nor is it limited by the time frames noted in subsection (a) of this section. However, these placements are limited to a maximum of 60 days. [Medium]
(c) This rule does not apply to foster homes that exclusively provide respite child-care services.
§749.2635. May I place a child for babysitting, overnight care, or respite care in a home that Licensing does not regulate?
Subchapter M, Foster Homes: Screenings and Verifications
Division 8, Respite Child-Care Services
January 2017
Yes, you may place a child in a home that Licensing does not regulate for babysitting, overnight care, or respite care, if the provider:
(1) Is not subject to regulation by Licensing. [Medium]
(2) Meets the policy requirements your agency developed according to §749.127 of this title (relating to What policies must I develop for babysitters, overnight care providers, and respite care providers?). [Medium]
Division 9, Agency – Foster Family Relationships
§749.2651. May a foster home accept adults into the home for care?
Subchapter M, Foster Homes: Screenings and Verifications
Division 9, Agency-Foster Family Relationships
January 2007
(a) Foster homes may accept adults into the home for care if the adult [Medium]:
(1) Is related to the foster family;
(2) Is a client in the Department of Aging and Disability Services, Community Based Services Program; or
(3) Meets one of the requirements of §749.1105 of this title (relating to May I admit a young adult into your care?).
(b) Adults in care must be counted in the capacity of the home. [Medium-High]
§749.2653. What are the requirements for an unrelated adult to reside in a foster home?
Subchapter M, Foster Homes: Screenings and Verifications
Division 9, Agency-Foster Family Relationships
January 2007
(a) Before a foster home may add a new member to the household:
(1) The home must notify you of the potential new member of the household. [Medium-High]
(2) The home must comply with requirements specified in Subchapter F of Chapter 745 of this title (relating to Background Checks) and §749.1417 of this title (relating to Who must have a tuberculosis (TB) examination?). [High]
(3) You must evaluate the effect that the adult will have on the foster children in the home. Your evaluation must include the following considerations [Medium-High]:
(A) The needs of the foster children in care. **[Medium-High]**
(B) The impact the adult will have in the foster family and for the foster children. **[Medium-High]**
(C) Whether the change in household will conflict with the children's best interest. **[Medium-High]**
(b) You must document the following in the foster home record:
(1) The results of the background check and the tuberculosis screening. [Medium-High]
(2) Your evaluation. [Medium-Low]
(3) The approval of the child placement management staff. [Medium-Low]
§749.2655. When must a foster home notify you of changes that affect the foster home?
Subchapter M, Foster Homes: Screenings and Verifications
Division 9, Agency-Foster Family Relationships
January 2017
A foster home must notify you of any of the following changes as follows:
| Weight | Type of change: | Time for notification: |
|---|---|---|
| [High] | (1) A change in the location of the foster home. | Before moving. |
| [Medium-High] | (2) Any major life changes as defined at §749.2805 of this title (relating to What is a "major life change in the foster family"?). | Before the change occurs, if possible; otherwise, immediately upon discovery. |
| [Medium-High] | (3) A change affecting a condition of the verification. | Before the change occurs, if possible; otherwise, immediately upon discovery. |
End of Subchapter M
Revised: November 2025