Reference Document

tac-749-part-09-foster-homes-safety

Refuge House, Inc.
Last updated: July 24, 2026 · Source: regulatory-references/markdown/tac-749-parts/tac-749-part-09-foster-homes-safety.md

Chapter 749: Minimum Standards for Child-Placing Agencies

Subchapter N: Foster Homes: Management and Evaluation

§749.2801. When must I evaluate a foster home for compliance with Licensing rules?

Subchapter N, Foster Homes: Management and Evaluation
December 2014

(a) You must evaluate a foster home for compliance with the relevant Licensing rules affecting the need for the evaluation, whenever:

  1. You receive an allegation of deficiency [Medium-High];
  2. There is a major life change in the foster family [Medium-High];
  3. A change occurs that affects the conditions of the verification [Medium-High]; or
  4. You receive a family violence report from DFPS. [Medium-High]

(b) You must evaluate a foster home for compliance with all rules that apply to that home [Medium-High]:

  1. Every two years;
  2. When you plan to extend a foster home's time-limited verification; and
  3. When you plan to change a foster home's verification from time-limited to non-expiring.

Technical Assistance

Regarding subsection (b)(1), you are not required to issue a new verification certificate every two years. You are only required to document in the foster home's record that you have evaluated the foster home for compliance with all applicable minimum standards within the two-year time frame. Your schedule for this evaluation may vary. Some child-placing agencies choose to conduct a large, comprehensive evaluation less often. Other child-placing agencies choose to evaluate a small portion of the minimum standards during each foster home visit.

§749.2803. What changes affect a foster home's verification?

Subchapter N, Foster Homes: Management and Evaluation
January 2017

(a) Changes that affect a foster home's verification include a:

  1. Marriage, divorce, separation, death, birth, or any other change in household composition;
  2. Change in the foster home's address and/or location;
  3. Change in the foster home's capacity, as determined by the capacity requirements in §749.2557 of this title (relating to May a foster agency home exceed its verified capacity?);
  4. Change in the ages and gender(s) of children for which the home is authorized to provide care; or
  5. Change in the types of services the foster home will provide.

(b) You must issue a new or temporary verification certificate to a foster home to [Medium-Low]:

  1. Change the home's verification, including the home's address or location;
  2. Extend the expiration date of the home's time-limited verification; or
  3. Change a foster home's verification from time-limited to non-expiring.

(c) A verification certificate becomes invalid at the point of:

  1. The occurrence of any changes that affect a foster home's verification, including the home's address and/or location; or
  2. The foster home's time-limited verification expires.

§749.2805. What is a "major life change in the foster family"?

Subchapter N, Foster Homes: Management and Evaluation
January 2017

A major life change in the foster family includes:

  1. Marriage, divorce, separation, death, birth, or any other change in household composition;
  2. A serious health problem or significant change in a work schedule that affects the ability of the foster parent to care for children; or
  3. Extended absences by one parent, such as military service or out-of-town job assignments.

§749.2807. How do I evaluate a foster home's compliance with the relevant Licensing rules affecting the need for the evaluation?

Subchapter N, Foster Homes: Management and Evaluation
September 2010

You are responsible for the home's ongoing compliance with our rules. You must evaluate the home as follows [Medium-High]:

  1. When there is an allegation of a deficiency, you must evaluate the rule and any rules related to the deficiency [Medium-High];
  2. When a change in the conditions of the verification or a major life change occurs, you must evaluate the rules related to the conditions or change [Medium];
  3. When an unplanned change in housing or employment occurs, you must evaluate the rules related to the change [Medium];
  4. You must document the rules that were evaluated and the determination of the evaluation [Medium];
  5. During any contact with the foster family, including routine supervisory contacts and investigations, you must cite and address any deficiencies noted [Medium];
  6. Your documentation of deficiencies must include plans for achieving compliance [Medium]; and
  7. You must also document a plan for follow-up to ensure compliance was achieved. [Medium]

§749.2809. What must a plan for achieving compliance include?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

The plan for achieving compliance must include:

  1. Specific actions or changes needed for the foster home to achieve compliance [Medium];
  2. Time frames for corrections and consequences for failure to achieve compliance [Medium];
  3. A determination of whether children can remain in the foster home before the home achieves compliance [Medium]; and
  4. A determination whether you will make new placements in the home before the home achieves compliance. [Medium]

§749.2811. How do I follow-up to ensure compliance?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

You must:

  1. Re-inspect the foster home or receive documentation from the home showing that all deficiencies have been corrected [Medium]; and
  2. Document that the foster home has corrected all deficiencies in the foster home's record. [Medium-Low]

§749.2813. How do I evaluate Licensing rules for each home every two years?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

You may either:

  1. Perform a rule-by-rule evaluation of the home once every two years; or
  2. Evaluate different parts of the rules at different times during the two-year period.

§749.2814. How do I evaluate a foster home prior to extending its time-limited verification or changing its verification from time-limited to non-expiring?

Subchapter N, Foster Homes: Management and Evaluation
December 2010

You must evaluate the foster home for compliance with each applicable rule of this chapter prior to extending the foster home's time-limited verification or changing the foster home's verification from time-limited to non-expiring. [Medium-High]

§749.2815. How often must I have supervisory visits with the foster home and what must be evaluated during a supervisory visit?

Subchapter N, Foster Homes: Management and Evaluation
January 2017

(a) Child placement staff must conduct supervisory visits:

  1. In the foster home at least quarterly [Medium-High];
  2. With both foster parents, if applicable, at least once every six months [Medium-High]; and
  3. With all household members at least once every year. [Medium-High]

(b) At least two supervisory visits per year must be unannounced. [Medium-High]

(c) At least once every quarter your supervisory visit must evaluate and document the following [Medium]:

  1. Any change to household members, frequent visitors, or persons who will provide support as a caregiver during an unexpected event or crisis situation [Medium];
  2. Any 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. Any change to the foster home disaster and emergency plans as described in §749.2907 of this title (relating to What disaster and emergency plans much each foster home have?) [Medium]; and
  4. Any challenging behaviors of the current children in the home, the level of stress the foster family is currently experiencing (including any significant change in finances), and any methods for responding to each child's challenging behavior and/or alleviating any significant stress the foster family is experiencing. [Medium]

(d) You must document each visit in the home's record. The documentation must include the names of all household members present during the visit, specific issues identified and any rules evaluated, results of the evaluation, deficiencies found, plans for achieving compliance, plans for follow-up to ensure compliance was achieved, and any changes to the information in the foster home screening since the last supervisory visit, including the reasons for any change in the home's verification. [Medium]

(e) For each supervisory visit, documentation of the visit must be signed by each foster parent present for the visit and the child placement staff conducting the visit. [Medium]

§749.2817. Must I monitor and have supervisory visits with a foster home where no children are placed?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

(a) You must maintain all monitoring and supervisory requirements if the home is available for placements. [Medium]

(b) If you place the home on inactive status, you do not have to monitor the home or have supervisory visits.

§749.2819. When may I place a foster home on inactive status?

Subchapter N, Foster Homes: Management and Evaluation
December 2010

(a) You may place a foster home on inactive status if:

  1. There are no foster children in the home;
  2. You and the foster parents agree that the home will be on inactive status;
  3. You document in the home's record that the home is on inactive status and will not accept a child for placement; and
  4. For a foster home with a time-limited verification, the home's verification has not expired.

(b) You may not place a home that you should close on inactive status. A home that you should close includes a home [Medium]:

  1. Whose repeated noncompliance with rules endangers the health or safety of children [High];
  2. That repeatedly fails to comply with agency policies or corrective action plans [High];
  3. That refuses to comply with the rules of this chapter or agency policies [High]; or
  4. That refuses to allow you or our staff to inspect the home. [High]

(c) When you place a home on inactive status or remove a home from inactive status, you must inform us by submitting an agency home report form. [Medium-Low]

§749.2821. How do the foster parents meet their training requirements while their home is on inactive status?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

(a) Foster parents may prorate their annual training requirement for the period of time that the home was on inactive status.

(b) If the home remains on inactive status for more than a year, the foster parents must complete at least eight hours of pre-service retraining before you may place children in the home. [Medium]

§749.2823. Are background checks required on homes that are on inactive status?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

Background checks are not required for homes that are on inactive status. If the home is taken off of inactive status and it has been more than two years since the last background check for any person(s) at the home for whom a check is required, the background check(s) must be requested before a child or children can be placed in the home. [High]

§749.2825. How do I take a foster home off inactive status?

Subchapter N, Foster Homes: Management and Evaluation
January 2007

When the home is ready to become active and accept children, you must:

  1. Make a supervisory contact in the home prior to placing a child in the home [Medium-High];
  2. Document that the home is complying with all applicable rules of this chapter [Medium-High];
  3. Ensure that the home is in compliance with all background check requirements. [High]

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

Division 1: Health and Safety

§749.2901. What health and safety regulations must each foster home meet in addition to Licensing rules?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2007

All agency homes must comply with all applicable fire, health, and safety laws, ordinances, and regulations. [Medium-High]

§749.2902. What health safety measures are required at a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2017

(a) Foster homes must have either:

  1. A health inspection conducted from the local health authority [High]; or
  2. A health and safety evaluation conducted by your child placement staff using our Environmental Health Checklist form for foster homes. [High]

(b) You must document each health inspection or health and safety evaluation, including the name and telephone number of the person who conducted the inspection or evaluation. [High]

(c) The foster home must correct any deficiencies documented during any inspection or evaluation and must comply with any conditions or restrictions specified by the inspector or evaluator. [High]

§749.2903. What fire safety measures are required at a foster family home not serving children receiving treatment services for primary medical needs?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
April 2022

(a) Foster family homes not serving children receiving treatment services for primary medical needs must have either [High]:

  1. A fire inspection conducted by a state or local fire authority; or
  2. A fire safety evaluation conducted by your child placement staff using the State Fire Marshal's fire prevention checklist for foster homes.

(b) Each fire inspection or fire safety evaluation must be documented, including the name and telephone number of the person who conducted the inspection or evaluation. [Medium]

(c) The foster home must correct any deficiencies documented during any inspection or evaluation and must comply with any conditions or restrictions specified by the inspector or evaluator. [High]

(d) If a foster family home changes verification to become either a foster family home serving children receiving treatment services for primary medical needs, then the foster home must meet the fire safety measures for §749.2904 of this title (relating to What fire safety measures are required at a foster family home serving children receiving treatment services for primary medical needs?) before changing the verification.

Technical Assistance

Child placement staff conducting a fire safety evaluation must document the foster home's deficiencies according to the State Fire Marshal's fire prevention checklist for foster homes. After documenting all deficiencies, the child placement staff must review the deficiencies with the foster home, give the foster parent(s) a deadline for correcting each deficiency, and set any conditions or restrictions necessary to ensure child safety until deficiencies have been corrected. These expectations are consistent with §749.2807 through §749.2811.

§749.2904. What fire safety measures are required at a foster family home serving children receiving treatment services for primary medical needs?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
April 2022

(a) Foster family homes serving children receiving treatment services for primary medical needs must have a fire inspection conducted by a state or local fire authority. You must document efforts to obtain a fire inspection. If, after exploring and documenting efforts to obtain a fire inspection for a home, you cannot obtain a fire inspection, then a fire safety evaluation may be conducted by your child-placement staff using the State Fire Marshal's fire prevention checklist for foster homes. Documentation of efforts to obtain a fire inspection must include each date, the name of the person contacted, and the person's response to the request to complete an inspection. [High]

(b) Each inspection or use of the State Fire Marshal's checklist must be documented, including the name and telephone number of the person who conducted the inspection or evaluation. [Medium]

(c) Deficiencies documented during any inspection or use of the State Fire Marshal's checklist must be corrected, and the foster home must comply with any conditions or restrictions specified by the inspector or child-placement staff. [High]

(d) Once you document that a fire inspection is not available in a particular area, you may use that documentation for any foster home verified by you in that area. A copy of the documentation must be on file in each foster home record to which the documentation applies. [Medium]

(e) Documentation that a fire inspection is not available in a particular area is valid for one year. [Medium]

§749.2905. How often must fire and health inspections be conducted at a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
April 2022

(a) Unless otherwise stated in the report, a fire or health inspection report obtained from a local health authority or state or local fire authority is current for two years for a foster family home. [Medium-High]

(b) A fire safety or health and safety evaluation conducted by your child placement staff using the State Fire Marshal's checklist for foster homes is current for one year. [Medium-High]

§749.2907. What disaster and emergency plans must each foster home have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
June 2014

(a) Each foster home must have written plans and procedures for handling potential disasters and emergencies, such as fire, severe weather emergencies, and transportation emergencies. Each plan must include [Medium-High]:

  1. Procedures for relocating children to a designated safe area or alternate shelter including specific procedures for evacuating children who are under 24 months of age, who have limited mobility, or who otherwise may need assistance in an emergency, such as children who have mental, visual, or hearing impairment, or a medical condition that requires assistance [Medium-High]; and
  2. How you will ensure medications and equipment will be made available to children with special needs or medical conditions. [Medium-High]

(b) Foster parents and caregivers must know the procedures for meeting disasters and emergencies, including evacuation procedures, supervision of the children, and contacting emergency help. [Medium-High]

§749.2908. How must a foster home practice disaster and emergency plans?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
December 2014

(a) A foster home must practice disaster and emergency plans each year by [Medium-High]:

  1. Discussing the plans and procedures for handling a fire and weather emergency with the children in care [Medium-High];
  2. Conducting a fire drill, so children are able to safely exit the foster home within three minutes [Medium-High]; and
  3. Conducting a severe weather drill. [Medium-High]

(b) The foster home must document the discussions and the drills, including the date and time of each. [Medium]

(c) For foster homes treating children with primary medical needs, a substitute (such as a large body pillow) should be used for each child with primary medical needs if the drill would endanger or overstimulate the child. [Medium]

§749.2909. How many smoke detectors must a foster home have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2017

(a) Each home must have a working smoke detector in the following areas:

  1. In hallways or open areas outside sleeping rooms [Medium-High]; and
  2. On each level of a home with multiple levels. [Medium-High]

(b) Depending on the size and layout of the home, additional smoke detectors may be required based on the manufacturer's or the state or local fire authority's instructions. [Medium-High]

§749.2911. How must smoke detectors be installed and maintained at a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2017

Smoke detectors must be installed and maintained according to the manufacturer's instructions, or in compliance with the state or local fire authority's instructions. [Medium-High]

§749.2913. How many fire extinguishers must a foster home have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2017

(a) A foster home must have a fire extinguisher:

  1. In each kitchen [Medium-High]; and
  2. On each level of the home. [Medium-High]

(b) The fire extinguisher(s) must:

  1. Be serviced or replaced after each use [Medium-High]; and
  2. Have a maintenance check once a year by a person qualified to inspect fire extinguishers. [Medium-High]

Technical Assistance

It is a good idea to mount fire extinguishers on the wall by a hanger or bracket, with the top of the extinguisher no higher than five feet above the floor and the bottom at least four inches above the floor or any other surface. If a state or local fire authority has different mounting instructions, follow those instructions.

§749.2915. Where must a foster home store dangerous tools and equipment?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
September 2010

A foster home must store dangerous tools and equipment, such as hatchets, saws, and axes, so they are inaccessible to children. Children may use these tools and equipment, with caregiver supervision as needed based on the child's age, maturity, and treatment issues. [Medium-High]

§749.2917. What are the requirements for animals that are present at a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 1, Health and Safety
January 2017

(a) Any animals on the premises of a home must be kept free of disease and must not create health problems or a health risk for children. [Medium-High]

(b) Animals must be vaccinated and treated as recommended by a licensed veterinarian.

(c) The caregivers must have documentation at the home showing that dogs and cats have been vaccinated as required by Texas Health and Safety Code, Chapter 826.

Division 2: Tobacco and E-Cigarette Use

§749.2931. What policies must I enforce regarding tobacco products and e-cigarettes?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 2, Tobacco and E-Cigarette Use
January 2017

(a) A child may not use or possess tobacco products, e-cigarettes, or any type of vaporizers. [Medium-High]

(b) Caregivers and other adults may only smoke tobacco products, e-cigarettes, and vaporizers outside. [Medium-High]

(c) No one may smoke tobacco products, e-cigarettes, or vaporizers in a motor vehicle while transporting children in care. [Medium-High]

Division 3: Weapons, Firearms, Explosive Materials, and Projectiles

§749.2961. Are weapons, firearms, explosive materials, and projectiles permitted in a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 3, Weapons, Firearms, Explosive Materials, and Projectiles
April 2022

(a) Generally, weapons, firearms, explosive materials, and projectiles (such as darts or arrows), are permitted. However, there are some specific restrictions.

  1. If you allow weapons, firearms, explosive materials, or projectiles, you must develop and enforce a policy identifying specific precautions to ensure that a child does not have unsupervised access to them, including requiring a foster parent to keep them in locked storage when they are not in use. [High]
  2. You must determine that it is appropriate for a specific child to use the weapons, firearms, explosive materials, or projectiles [High]; and
  3. No child may use a weapon, firearm, explosive material, or projectile, unless the child is directly supervised by an adult knowledgeable about the use of the weapon, firearm, explosive material, or projectile that is to be used by the child. [High]

(b) Your policies must require foster parents to notify you if there is a change in the type of or an addition to weapons, firearms, explosive materials, projectiles, or toys that explode or shoot that are on the property where the foster home is located. [High]

(c) You must determine whether it is appropriate for a specific child to use a toy that explodes or shoots. The child must be supervised when using or being around a toy that explodes or shoots, and the toy must be age appropriate to the child. [Medium-High]

(d) Firearms which are inoperable and solely ornamental are exempt from the storage requirements in this rule.

Technical Assistance

Regarding subsection (c), a "toy that explodes or shoots" does not pertain to Nerf guns, water guns, or other toys that are appropriate for children and do not present a risk to safety.

§749.2963. What factors must I consider when determining whether weapons, firearms, explosive materials, or projectiles are stored adequately?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 3, Weapons, Firearms, Explosive Materials, and Projectiles
January 2007

When determining if these items are stored adequately, you must consider the age, history, emotional maturity, and background of the children in the home. [High]

§749.2965. How must I determine whether weapons, firearms, explosive materials, or projectiles are present in a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 3, Weapons, Firearms, Explosive Materials, and Projectiles
January 2007

(a) When you complete a foster home screening, you must ask whether weapons, firearms, explosive materials, or projectiles are present in the home. If these items are present, you must review your policies and requirements with the prospective foster parents. [High]

(b) The foster home record must include documentation on the:

  1. Items present in the home [Medium-High]; and
  2. Specific precautions the caregivers must take to ensure that children do not have unsupervised access. [Medium-High]

(c) The two-year evaluation of compliance with rules of this chapter must include a discussion of whether the home has weapons, firearms, explosive materials, or projectiles, and if so, how these items are stored. [High]

§749.2967. May a caregiver transport a child in a vehicle where firearms, other weapons, explosive materials, or projectiles are present?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 3, Weapons, Firearms, Explosive Materials, and Projectiles
April 2022

(a) A caregiver may transport a child in a vehicle where firearms (other than handguns), other weapons, explosive materials, or projectiles are present if:

  1. All firearms are not loaded [High];
  2. The firearms, other weapons, explosive materials, or projectiles are inaccessible to the child [High]; and
  3. Possession of the firearm is legal. [High]

(b) A caregiver may transport a child in a vehicle where a handgun is present if:

  1. The handgun is in the possession and control of the caregiver [High]; and
  2. The caregiver is not prohibited by law from carrying a handgun. [High]

Division 4: Space and Equipment

§749.3021. How much space must bedrooms used by foster children have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2007

(a) A bedroom must have at least 40 square feet of space for each occupant and no more than four occupants per bedroom are permitted, even if the square footage of the room would accommodate more than four occupants. The four occupants restriction does not apply to children receiving treatment services for primary medical needs. [Medium]

(b) Single occupant bedrooms must have at least 80 square feet of floor space. [Medium]

(c) The floor space requirement must not include closets or other alcoves. [Medium-Low]

(d) Floor space must be space that children can use for daily activities. [Medium]

(e) If a foster home was verified before January 1, 2007, then a foster home is exempt from the maximum bedroom occupancy requirement until:

  1. The foster family moves to a new home;
  2. The foster home is structurally altered by adding a new room; or
  3. The foster home's verification is no longer valid.

§749.3023. Which rooms in the home may not be used as bedrooms?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
September 2010

(a) Only a room that provides adequate opportunities for rest and privacy may be used as a bedroom. [Medium]

(b) Bedrooms used by foster children must have at least one source of natural lighting. [Medium-Low]

(c) Foster children or any other household members may not use any of the following as a bedroom:

  1. A room commonly used for other purposes, including dining rooms, living rooms, hallways, or porches [Medium-Low];
  2. A passageway to other rooms [Medium-Low]; or
  3. A room that does not have doors for privacy. [Medium-Low]

(d) A foster child may use a detached structure as a bedroom if:

  1. The child is 16 years old or older [Medium-High];
  2. The service planning team approves [Medium-High]; and
  3. The detached structure is included in required fire and health inspections for the foster home. [High]

(e) A foster child may use a basement as a bedroom if there is a second fire escape route from the basement. [Medium-High]

(f) A foster child may not use a room, including a basement or detached structure, as a bedroom if there is no natural lighting [Medium-Low]:

  1. Unless you verified the home prior to January 1, 2007; and
  2. Until the verification is no longer valid, or the home is structurally altered through the addition of a new room.

§749.3025. May an adult in care share a bedroom with a child in care?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
April 2022

(a) An adult in care may share a bedroom with a child in care if [Medium-Low]:

  1. The adult and child are siblings;
  2. The adult is the child's parent;
  3. Both of them are non-ambulatory and receive treatment services for primary medical needs; or
  4. The child is at least 16 years old, the age difference between them does not exceed 24 months, and the adult meets the requirements of:
    • (A) §749.1103 of this chapter (relating to After a child in my care turns 18 years old, may the person remain in my care?); or
    • (B) §749.1105 of this chapter (relating to May I admit a young adult into care?).

(b) The following must occur before you may allow an adult in care and a child in care to share a bedroom, unless the adult is the child's parent:

  1. The service planning team must determine that there is no known risk of harm to the child after assessing [Medium]:
    • (A) Their behaviors [Medium];
    • (B) Their compatibility with each other [Medium];
    • (C) Their respective relationships [Medium];
    • (D) Any history of possible sexual trauma or sexually inappropriate behavior [Medium]; and
    • (E) Any other identifiable factor that may affect the appropriateness of the adult and the child sharing a bedroom [Medium]; and
  2. The service planning team must date and document the assessment and approval in the child's service plan. [Medium-Low]

(c) The adult and the child must not sleep in the same bed unless the adult is the child's parent, and the child is between the ages of one year and 10 years old. [High]

(d) Subsections (a) and (b) of this section do not apply to travel and camping situations.

§749.3027. May a child in care share a bedroom with an adult caregiver in the foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
April 2022

(a) A child may share a bedroom with an adult caregiver if:

  1. It is in the best interest of the child [Medium];
  2. The child is under three years old and sleeps in the bedroom of a caregiver [Medium]; and
  3. The service planning team dates and documents the approval in the child's service plan. [Medium]

(b) An exception for a child to share a bedroom with an adult caregiver may be made during specific travel and camping situations if no other more reasonable provision is available to the child and other requirements are met. [Medium]

(c) Children may not sleep in the same bed with an adult caregiver at any time. [High]

(d) To facilitate continuous supervision of a child, the caregiver may move a child to a location where the caregiver can directly and continuously supervise a child until there is no longer an immediate danger to self or others. However, the caregiver must provide comfortable sleeping arrangements for the child. [Medium-Low]

§749.3029. May children of opposite genders share a bedroom?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
April 2022

(a) A child six years old or older must not share a bedroom with a child of the opposite gender, unless [Medium-Low]:

  1. They are siblings;
  2. The older child is the younger child's parent; or
  3. Both children are non-ambulatory and receive treatment services for primary medical needs.

(b) The following must occur before you may allow children of the opposite sex to share a bedroom, unless the older child is the younger child's parent:

  1. The service planning team must determine that there is no known risk of harm to either of the children after assessing [Medium]:
    • (A) Their behaviors [Medium];
    • (B) Their compatibility with each other [Medium];
    • (C) Their respective relationships [Medium];
    • (D) Any history of possible sexual trauma or sexually inappropriate behavior [Medium]; and
    • (E) Any other identifiable factor that may affect the appropriateness of the children sharing a bedroom [Medium]; and
  2. The service planning team must date and document the assessment and approval in each child's service plan. [Medium-Low]

§749.3031. What are the requirements for beds and bedding?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2017

(a) Each foster child shall have their own bed and mattress. This does not prevent a child receiving respite care or requiring closer supervision from sleeping on a couch, sleeping bag, etc. for fewer than seven days. [Medium-High]

(b) Beds must be clean and comfortable. [Medium]

(c) Mattresses must be off of the floor and have covers or protectors. [Medium]

(d) Linens must be changed when soiled, and not less often than once a week. [Medium]

Technical Assistance

Mattress covers are not required to be plastic. Mattress covers are intended to provide an additional layer of protection between the child and the mattress, which may help prevent contamination of the mattress by a child's bodily fluids or spread of germs from the mattress to the child (since multiple children may use the same mattress over the course of time). Regular washing of mattress covers may also be helpful to children who are allergic to dust mites.

§749.3033. What type of personal storage space must a foster child have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2007

Each child must have accessible storage space for his clothing and personal possessions. [Low]

§749.3035. What bathroom accommodations must a home have?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2007

(a) A foster home must have one lavatory, one tub or shower, and one toilet for every eight household members. A foster home verified before January 2007, is exempt from this requirement until it is no longer verified by the agency under which it is currently verified, or it makes structural changes to the home by adding additional bathrooms. [Medium-Low]

(b) All lavatories, tubs, and showers must have hot and cold running water. [Medium-Low]

(c) For foster homes that care for primary medical needs children, the child's bedroom and the child's bathroom must be located on the same floor. A foster home verified before January 1, 2007, is exempt from this requirement until it is no longer verified by the agency. [Medium]

(d) Bathrooms must allow for privacy. [Medium-High]

§749.3037. What are the requirements for indoor space that children can use?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2007

(a) Children must have indoor areas for their use. There must be at least 40 square feet for each child. This does not include bedrooms, kitchens, bathrooms, utility rooms, unfinished attics, or hallways. [Medium-Low]

(b) A foster home must identify indoor areas that children can use. [Low]

(c) You must approve the indoor space that a home designates for the children's use. [Medium-Low]

§749.3039. What are the requirements for outdoor recreation equipment?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
January 2017

(a) Equipment must not have openings, angles, or protrusions that can entangle a child's clothing or entrap a child's body or body parts. [Medium-High]

(b) Equipment must be securely anchored according to manufacturer's specifications to prevent collapsing, tipping, sliding, moving, or overturning. [Medium-High]

(c) Climbing equipment, swings, and slides must not be installed over asphalt or concrete. [Medium-High]

(d) Equipment must be appropriate, cleaned, maintained, and repaired. [Medium-High]

(e) Trampolines may only be used at the foster home if [Medium-High]:

  1. The number of children allowed on the trampoline at one time meets the manufacturer's instructions [Medium-High];
  2. Shock-absorbing pads cover the springs, hooks, and frame [Medium-High];
  3. Ladders are removed from the trampoline when the trampoline is not in use [Medium-High];
  4. A caregiver provides supervision as follows:
    • (A) For children under 12 years old, the caregiver must be immediately present, watching the child(ren) at all times, enforcing safety rules and manufacturer's instructions, and able to respond in an emergency [Medium-High]; and
    • (B) For children 12 years old and older, the caregiver must be on the premises, visually check on the child(ren) at frequent intervals, and able to respond in an emergency. [Medium-High]

§749.3041. What are the requirements for a foster home's physical environment?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
September 2010

The foster home must ensure that:

  1. The home is safe for children, kept clean, and in good repair [Medium-High];
  2. Equipment and furniture are safe for children, kept clean, and in good repair [Medium-High];
  3. Exits in living areas are not blocked by furniture. [Medium-High]
  4. The outdoor areas are safe for children, kept clean, and in good repair [Medium-High];
  5. Outdoor areas are well drained [Medium-High];
  6. Windows and doors used for ventilation are screened [Medium-High];
  7. Flammable or poisonous substances are stored out of the reach of children unless caregivers have evaluated a child as capable and likely to use such items responsibly [Medium-High]; and
  8. The home is free of rodents and insects. [High]

Technical Assistance

Repair work that is scheduled or in progress may be considered as compliance with the requirements in this rule, as long as any risk to children has been adequately addressed. Related to subsection (8), this includes reasonable and timely efforts to control insects, such as regularly scheduled exterminator visits.

§749.3043. When is a product considered unsafe and what are a caregiver's responsibilities regarding unsafe products in a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 4, Space and Equipment
April 2022

(a) A product is considered unsafe if, after it has been recalled for any reason by the United States Consumer Product Safety Commission (CPSC):

  1. The recall has not been rescinded; and
  2. The product has not been made safe through being remanufactured or retrofitted.

(b) A caregiver is responsible for reviewing the CPSC recall list. All current and past recalls may be viewed through the CPSC's Internet website at: www.cpsc.gov. A caregiver must ensure that there are no unsafe products at the foster home unless:

  1. The product is an antique or collectible and is not used by, or accessible to, any child [Medium-High]; or
  2. The unsafe product is being retrofitted to make it safe and the product is not used by, or accessible to any child. [Medium-High]

Division 5: Nutrition and Food Preparation

§749.3061. What are the requirements for feeding children in care?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2017

(a) Caregivers must feed an infant whenever the infant is hungry. [Medium-High]

(b) Caregivers must provide a toddler or school age child with three meals and at least one snack a day. [Medium-High]

(c) No more than 14 hours may pass between the last meal or snack of the day and the availability of the first meal the following day. [Medium-High]

Technical Assistance

Best practice suggests that toddlers and pre-school children should not go more than three hours without a meal or snack being offered, unless the child is sleeping or unless otherwise justified in writing by the child's health-care professional. Likewise, school-age children should not go more than six hours without a meal or snack being offered, unless the child is sleeping or unless otherwise justified in writing by the child's health-care professional.

§749.3063. What types of food and water must caregivers provide children?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) Caregivers must provide a child with food that is:

  1. Of adequate variety, quality, and in sufficient quantity to supply the nutrients needed for proper growth and development according to the United States Department of Agriculture guidelines [Medium-High]; and
  2. Appropriate for the child's age and activity level. [Medium-High]

(b) Caregivers must not serve a child nutrient concentrates and supplements, such as protein powders, liquid protein, vitamins, minerals, and other nonfood substances in lieu of food to meet the child's daily nutritional need, except with written instructions from a licensed health-care professional. [Medium-High]

(c) Caregivers must ensure drinking water is always available to each child and is served in a safe and sanitary manner. Children must be well hydrated and must be encouraged to drink water during physical activity and in warm weather. [Medium-High]

Technical Assistance: Children's Nutrition

Research suggests the following:

The following milks do not contain the right amounts of all the nutrients infants need and can harm an infant's health. Iron-fortified infant formula is the best substitute for breast milk. Infants should not be given the following unless recommended by the infant's health-care professional:

(http://www.fns.usda.gov/tn/Resources/feeding_infants.html Feeding Infants: A Guide for Use in the Child Nutrition Programs p.24)

Technical Assistance: Food Allergies

A food allergy is caused by the body's immune system reacting inappropriately to a food or food additive. Symptoms may include wheezing, difficulty breathing, diarrhea, rashes, itching, hives, and headaches. Food allergies are most common in infants, due to their immature digestive systems. Food allergies are usually outgrown during the preschool years. Although any food may cause an allergic reaction, six foods are responsible for most of these reactions in children. These foods are:

A child who is pregnant or breastfeeding should avoid consuming peanuts and peanut products due to its association with the development of peanut allergies in infants. It is best not to offer children under two to three years old peanuts or peanut products, such as peanut butter and foods containing or cooked in peanut oil, because of the potential of developing this life-threatening and often life-long allergy. Foods that cause allergic reactions should be eliminated from the diet. However, it is important that the diet still contain a variety of foods for healthy growth and development. A child should receive a medical evaluation if food allergies are suspected. If the child's licensed physician determines that the child has a food allergy, a determination should be made of whether the child's allergic condition meets USDA's definition of disability.

Food Intolerance

A food intolerance is an adverse food-induced reaction that does not involve the body's immune system. Lactose intolerance is one example of food intolerance. A person with lactose intolerance lacks an enzyme needed to digest milk sugar. When that person eats milk products, gas, bloating, and abdominal pain may occur. It is best to provide food substitutions for children with food intolerances who cannot consume the regular meal.

(http://www.fns.usda.gov/tn/Resources/blocks1.pdf)

§749.3065. What must the caregiver do if a child refuses to or cannot eat a meal or snack that is offered?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) The caregiver must offer a child a meal or snack according to this division, but the caregiver may not force the child to eat. The caregiver does not have to offer other food to a child who [Medium-High]:

  1. Refuses a meal or snack; or
  2. Chooses not to be present when a meal or snack is scheduled.

(b) The caregiver must discuss recurring eating problems with child placement staff and the child's parent. [Medium]

(c) If a meal or snack is not appropriate to meet a child's individual needs, for example food allergies or religious reasons, then you must offer the child an appropriate nutritional substitute. [Medium-High]

§749.3067. May a caregiver use food as a reward or punishment or as part of any behavior management program?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

A caregiver may not use food that meets a child's nutritional requirements as a reward or punishment or as part of a behavior management program. Food cannot be withheld. [Medium-High]

§749.3069. May caregivers offer a child in care different food choices than what the family is eating?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) A caregiver must offer a child in care the same food choices that other children in the home are offered, unless medically contraindicated for the child. [Medium]

(b) A caregiver must offer a child in care food choices that are at least comparable to what the adults in the home are eating, unless medically contraindicated for the child. [Medium]

§749.3071. What must I do if a child requires a therapeutic or special diet?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) For a caregiver to serve a therapeutic or special diet to a child, you must have written approval in the child's record from a licensed physician or a registered or licensed dietician. This approval must be in the child's record. [Medium-High]

(b) If a child requires a therapeutic or special diet, you must give information regarding the diet to the child's caregivers. [Medium-High]

(c) Caregivers must make dietary alternatives available to a child who has special health needs as instructed by a licensed health-care professional. [Medium-High]

§749.3073. What are the nutrition requirements for a child with primary medical needs?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) Caregivers must feed a child with primary medical needs according to his medical and developmental needs. [Medium-High]

(b) A licensed physician must prescribe tube feeding. A dietician or physician must plan the diet that the physician prescribes. [Medium-High]

(c) Children must eat in an upright position unless the service planning team's recommendations are to the contrary. [Medium-High]

§749.3075. What are the feeding requirements for children receiving treatment services for primary medical needs or intellectual disabilities?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2017

(a) Caregivers must encourage self-help and development when feeding children receiving treatment services for primary medical needs or intellectual disabilities, including non-mobile children. [Medium]

(b) A toddler or older child must eat or be fed in the dining area, unless the service planning team's recommendations are to the contrary. [Medium-Low]

(c) Infants must be held during feedings, unless the service planning team's recommendations are to the contrary. [Medium-High]

§749.3077. What are the requirements for tube-feeding formula?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) A registered or licensed dietician, physician, or a registered nurse must ensure and document that the caregiver that prepares formula is adequately trained and has demonstrated competency in preparing the formula. [Medium-High]

(b) Tube-feeding formulas must supply the recommended dietary allowance for each child. [Medium-High]

(c) Caregivers must prepare and store the formula [High]:

  1. According to directions; or
  2. As prescribed by a health-care professional.

§749.3079. What are the requirements for storing food?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
September 2010

All food items must be:

  1. Covered and stored off the floor [Medium-High];
  2. Stored on clean surfaces [Medium-High];
  3. Protected from contamination [Medium-High];
  4. Stored in a container that is protected from insects and rodents [Medium-High];
  5. Refrigerated immediately after use and after meals, if the food requires refrigeration [Medium-High]; and
  6. Covered when stored in the refrigerator. [Medium-High]

§749.3081. How must kitchen, dining areas, supplies, and equipment be maintained?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 5, Nutrition and Food Preparation
January 2007

(a) Caregivers must keep furniture, equipment, food contact surfaces, and other areas where food is prepared, eaten, or stored clean and well repaired. [Medium-High]

(b) Utensils and containers intended for one-time use, such as paper and plastic dishes, must not be used more than once. [Medium]

Division 6: Transportation

§749.3101. What are the requirements for the vehicles used to transport foster children?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
January 2007

Vehicles used to transport foster children must be:

  1. Maintained in safe operating conditions at all times [Medium-High]; and
  2. Inspected and registered according to federal, state, and local laws. [Medium-Low]

§749.3103. What are the requirements for transporting foster children?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
January 2017

The driver and all passengers must follow all federal, state, and local laws when driving, including laws on the use of a child passenger safety seat system, seat belts, and liability insurance. [Medium-High]

Technical Assistance

The Texas Transportation Code prohibits allowing a child under five years old to ride on a motorcycle, unless seated in a sidecar.

Below is a chart from the web site of the Texas Department of Public Safety regarding child passenger safety seat system.

2013 Child Passenger Safety National Best Practice Recommendations

Phase Type of Restrictive Device Best Practice Recommendation
Phase 1 Rear-Facing Seats Infants: Birth – 35+ pounds, 2+ years old. Rear-facing infant or rear-facing convertible safety seat as long as possible, up to the rear-facing height or weight limit of the seat. Properly install according to instructions in owner's manual, rear-facing in the back seat.
Phase 2 Forward-facing Seats When children outgrow the rear-facing safety seat (2+ years), they should ride in a forward-facing safety seat as long as possible, up to the upper height or weight limit (40 – 80+ pounds) of the harnesses. Usually 4+ years old. Properly installed forward-facing in the back seat. NEVER turn forward-facing before child meets all: AGE/HEIGHT/WEIGHT requirements set by safety seat manufacturer for forward-facing.
Phase 3 Booster Seats After age 4 and 40+ pounds, children can ride in a booster seat with the adult lap and shoulder belt until the adult safety belt will fit them properly (usually when the child is 4'9" tall, 10 – 12 years old). MUST have a lap/shoulder belt to use a booster seat.
Phase 4 Adult Safety Belt Once children outgrow their booster seat (usually at 4'9", 10 – 12 years) they can use the adult lap/shoulder safety belt if it fits them properly. Lap portion low over the hips/tops of thighs and shoulder belt crosses the center of the shoulder and center of the chest.

Children are better protected the longer they can stay in each phase. Keep children in each seat up to the MAXIMUM age/weight/height limits before moving to the next phase. ALL children younger than age 13 years should ride properly restrained in the back seat.

§749.3105. May children transport other foster children?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
January 2007

Other children in the foster home may transport a foster child if the:

  1. Child driving has a valid drivers license [Medium]; and
  2. Service planning teams for the foster children being transported and the foster child transporting, if applicable, approve of the transportation arrangements. [Medium]

§749.3107. May caregivers teach or supervise foster children in learning to drive?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
September 2010

(a) With your approval, caregivers may teach or supervise foster children in learning to drive. You must document your approval in the child's record. [Medium]

(b) Only the caregiver responsible for instruction and the child(ren) learning to drive may be present in the vehicle. [Medium]

Technical Assistance

It is recommended that any plan to teach a child to drive include the use of the Texas Department of Licensing and Regulation Parent Taught Driver Education Program or approved driving training school.

§749.3109. What are the special requirements for transporting a child who requires increased supervision or is non-ambulatory or non-mobile?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
January 2007

(a) A sufficient number of caregivers to meet the child's needs must accompany the child. [Medium-High]

(b) Special provision(s) must be made for transporting non-ambulatory and non-mobile children. When necessary, this must include locks for wheelchairs and hydraulic lifts. [Medium-High]

§749.3111. Do the seat belt requirements prohibit transporting children in the bed of a pick-up truck or other parts of the vehicle on the foster parents' property or public roads?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 6, Transportation
January 2007

Yes. Children must be inside the vehicle when transported. The back of a pick-up truck is not considered inside the vehicle. Children must never be transported in the bed of a pick-up truck, while standing on runners, or while on the hood or trunk of any vehicle. [High]

Division 7: Swimming Pools, Bodies of Water, Safety

§749.3131. Who is responsible for complying with the requirements in this subchapter?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2007

These requirements only apply to homes that are providing foster care services. This includes foster homes also approved as adoptive homes, but does not include adoptive homes only approved for adoption.

§749.3133. What are the requirements for a swimming pool at a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
April 2022

(a) The caregivers must inform children about house rules for use of the swimming pool and appropriate safety precautions. Adult supervision and monitoring of safety features must be adequate to protect children younger than 12 years of age and children of any age who are not competent swimmers from unsupervised access to the swimming pool. [High]

(b) The swimming pool must be built and maintained according to the standards of the Texas Department of State Health Services and any other applicable state or local regulations. [Medium-High]

(c) The swimming pool must have a barrier, including a fence or wall, that prevents a child's unauthorized access to the swimming pool. A swimming pool cover does not meet this requirement unless it is a power safety cover that meets the specifications of the American Society for Testing Materials, which specifies safety performance requirements for pool covers. [High]

(d) A fence or wall that is at least four feet high must enclose the pool area. The fence must be well constructed and be installed completely around the pool area. The back wall of a house may serve as one side of the fence or wall as long as the requirements in subsection (f) of this section are met. [High]

(e) Fence gates leading to the outdoor pool area must be self-closing and self-latching. Gates must be locked when the pool is not in use. Keys or locks to open the gate must not be accessible to children under the age of 12 years old, children of any age who are not competent swimmers, or any children receiving treatment services. [High]

(f) If the home serves as one side of the fence or wall, any door that leads from the home to the swimming pool area must have:

  1. A door alarm [High]; and
  2. A lock that only adults or children over 12 years old can reach. The lock must be completely out of the reach of children younger than 12 years old [High], unless:
    • (A) The state or local fire authority determines that the height of the lock violates or would violate the fire code; and
    • (B) The fire authority's determination is kept in the foster home record.

(g) Furniture, equipment, or large materials must not be close enough to the swimming pool area for a child to use them to gain unauthorized access to the swimming pool. [High]

(h) At least two life-saving devices must be available, such as a reach pole, backboard, buoy, or a safety throw bag with a brightly colored buoyant rope or throw line. One additional life-saving device must be available for each 2,000 square feet of water surface, so a swimming pool of 2,000 square feet would require three life saving devices. [High]

(i) Drain grates must be in place, in good repair, and capable of being removed only with tools. [High]

(j) Caregivers must be able to clearly see all parts of the swimming pool when supervising activity in the area. [High]

(k) The bottom of the swimming pool must be visible at all times. [High]

(l) Swimming pool covers must be completely removed prior to pool use. [High]

(m) An adult must be present who is able to immediately turn off the pump and filtering system when any child is in the swimming pool. [High]

(n) Swimming pool chemicals and pumps must be inaccessible to all children. [Medium-High]

(o) Machinery rooms must be locked to keep children out. [Medium-High]

(p) An above ground swimming pool must:

  1. Be inaccessible to children under the age of 12 years old, children of any age who are not competent swimmers, or any children receiving treatment services when it is not in use [High]; and
  2. Meet all other requirements in this division. [High]

Technical Assistance

Regarding subsection (c), you may review the specifications for pool covers noted by the American Society for Testing Materials at http://www.astm.org/.

Regarding subsection (d), a backyard fence combined with the back wall of a house will meet the intention of the rule; therefore, no additional fence or wall is needed also long as it meets all fence/wall and gate criteria in §749.3133(d) and (f). Subsection (a) requires that children may not have unsupervised access to the pool area. Therefore, if the backyard fence serves as the pool fence/wall, then children may not have unsupervised access to the back yard and doors leading to the back yard must comply with §749.3133(f). If the entire backyard is serving as the pool area, children may not be in the backyard without direct caregiver supervision.

Regarding subsection (p), you must ensure the stairs to an aboveground swimming pool are inaccessible to children.

§749.3135. What general requirements must caregivers meet for children regarding a body of water?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2017

(a) Caregivers must use prudent judgment and ensure children in your care who are younger than 12 years old, children of any age who are not competent swimmers, and children receiving treatment services are protected from unsupervised access to water such as a swimming pool, hot tub, fountain, pond, lake, creek, or other body of water. [High]

(b) If children are allowed to swim in a body of water such as a river, creek, pond, or lake, the supervising adult must clearly designate swimming areas. [High]

(c) Rules governing the activity and the dangers of the body of water must be explained to participants in a manner that is clearly understood prior to their participation. [Medium-High]

§749.3137. What are the child/adult ratios for swimming activities?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
April 2022

(a) The maximum number of children one adult can supervise during swimming activities is based on the age of the youngest child in the group and is specified in the following chart [Medium-High]:

If the age of the youngest child is... Swimming Child/Adult Ratio
(1) 0 to 23 months old 1:1
(2) 2 years old 2:1
(3) 3 years old 3:1
(4) 4 years old 4:1
(5) 5 years old or older in a foster family home; and either:
(A) One child is receiving treatment services for primary medical needs; or
(B) Three or more children are receiving treatment services		 4:1
(6) 5 years old or older in a foster family home, no children are receiving treatment services for primary medical needs, and no more than two children are receiving treatment services 6:1

(b) When all of the children in the group are at least four years of age or older, in addition to meeting the required swimming child/adult ratio listed in subsection (a) of this section, at least two adults must supervise four or more children who are actually in the water. [High]

(c) When a child who is non-ambulatory or who is subject to seizures is engaged in swimming activities, you must assign one adult to that one child. This adult must be in addition to any lifeguard on duty in the swimming area. You do not have to meet this requirement if a licensed physician writes orders in which the physician determines that the child [High]:

  1. Is at low risk of seizures and that special precautions are not needed; or
  2. Only needs to wear a Coast Guard approved life jacket while swimming and additional special precautions are not needed.

(d) A lifeguard who is supervising the area where the children are swimming may be counted in the child/adult ratio; however, one caregiver must always be present and the lifeguard may not be the only person counted in the child/adult ratio.

(e) A child must wear a Coast Guard approved life jacket while participating in swimming activities in other bodies of water, such as ponds, rivers, lakes, and oceans, if the child is:

  1. Under the age of 12 [High]; or
  2. Unable to swim, regardless of the child's age. [High]

(f) The ratios in subsection (a) of this section:

  1. do not include children over the age of 12 years old who are competent swimmers.
  2. Are not required when children are participating in water activities such as sprinkler play or splash/wading pool, as long as the standing water is less than two feet.

Technical Assistance

Regarding subsection (b), if a foster parent takes four 4-year-olds swimming, subsection (a) only requires one person to supervise the four children. However, if all four 4-year-olds are in the water at the same time, then subsection (b) requires there to be at least two adults to supervise the children.

§749.3139. May I include volunteers or relatives who do not meet minimum qualifications for caregivers in the swimming child/adult ratio?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2017

To meet the swimming child/adult ratio, you may include adult volunteers and adult relatives who do not meet the minimum qualifications for caregivers, providing:

  1. You maintain enough caregivers to meet the child/caregiver ratio required in Subchapter M, Division 5 of this chapter (relating to Capacity and Child/Caregiver Ratio) [High];
  2. Persons in your care do not supervise swimming activities [Medium-High]; and
  3. You ensure compliance with all other rules of this chapter, including, but not limited to, rules relating to supervision and discipline. [High]

§749.3141. When must a child wear a life jacket?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2007

A child must wear a life jacket when:

  1. Participating in boating activities [High];
  2. The child is in more than two feet of water and does not know how to swim [High]; or
  3. Ordered by a physician for a child with a medical problem or disability. [High]

§749.3143. Must persons who are counted in the swimming child/adult ratio know how to swim and carry out a water rescue?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2007

At all times during a swimming activity, at least one adult counted in the swimming child/adult ratio must be able to swim, carry out a water rescue, and be prepared to do so in an emergency. [High]

§749.3145. What are the safety requirements for wading pools?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2007

Wading/splashing pools (less than two feet of water) must be:

  1. Stored out of children's reach, when not in use [Medium-High];
  2. Drained at least daily [Medium-High]; and
  3. Stored, so it does not hold water. [Medium-High]

§749.3147. What are the requirements for a hot tub?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
September 2010

A hot tub must be [High]:

  1. Enclosed per the requirements in §749.3133 of this title (relating to What are the requirements for a pool at a foster home?); or
  2. Covered with a locking cover when not in use.

§749.3149. What must I document regarding a body of water that is on or adjacent and accessible to the premises of a foster home?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2007

You must document the following regarding a body of water that is on or adjacent and accessible to the premises of a foster home:

  1. Type, location, and size of the body of water [Medium]; and
  2. Barriers between the foster home and the body of water. [Medium]

§749.3151. Can foster parents approve a child to participate in swimming activities as an unsupervised childhood activity without complying with the rules of this division?

Subchapter O, Foster Homes: Health and Safety Requirements, Environment, Space and Equipment
Division 7, Swimming Pools, Bodies of Water, Safety
January 2017

Yes, a foster parent using the "reasonable and prudent parent standard" as defined in §749.2605 of this title (relating to What is the "reasonable and prudent parent standard"?) may approve a child to participate in unsupervised childhood activities (activities away from the foster home and the foster parents) involving swimming that do not comply with the rules of this Division of this subchapter (relating to Swimming Pools, Bodies of Water, Safety). However, depending upon the background of the child (for example the child's age, level of maturity and responsibility, and proficiency in swimming), such an approval may or may not require limitations like other adult supervision or the need for a life jacket when boating.

Revised: November 2025

© 2026 Refuge House, Inc. · This is a controlled document. Always refer to the current version.