Part 10: Foster-Adoptive Homes & Adoption Services: Children
Subchapter P, Foster-Adoptive Homes and Legal Risk Placements
Division 1, Verification of Foster-Adoptive Homes
§749.3201. May I verify the same applicant as a foster family home and an adoptive placement at the same time?
Subchapter P, Foster-Adoptive Homes and Legal Risk Placements
Division 1, Verification of Foster-Adoptive Homes
January 2007
Yes. You may approve applicants as a foster-adoptive home.
§749.3203. What rules must I follow to verify a foster-adoptive home?
Subchapter P, Foster-Adoptive Homes and Legal Risk Placements
Division 1, Verification of Foster-Adoptive Homes
January 2007
(a) You must follow all rules for verifying a foster family home and for approving an adoptive home. [Medium]
(b) You may combine the foster home screening and pre-adoptive home screening into one screening report as long as requirements for each screening are covered. [Medium]
Division 2, Legal Risk Placements
§749.3221. What is a "legal risk placement"?
Subchapter P, Foster-Adoptive Homes and Legal Risk Placements
Division 2, Legal Risk Placements
January 2007
(a) A "legal risk placement" exists when you:
Have a child that is not available for adoption because his parent(s)' rights have not been terminated;
Have placed a child into a home that has been jointly verified as a foster home and approved as an adoptive home; and
Intend for the placement to change from foster care to adoption once the child is eligible for adoption.
(b) A "legal risk placement" does not exist when you merely place a child with foster parents who want to adopt the child but have not been approved as an adoptive home.
Subchapter Q, Adoption Services: Children
Division 1, Consent
§749.3301. What legal authority must I have to place a child in adoptive care?
Subchapter Q, Adoption Services: Children
Division 1, Consent
September 2010
To place a child in adoptive care, you must have an agreement signed by you and the person legally authorized to consent to the child's placement. [Medium-High]
Division 2, Adoption Service Plan
§749.3321. When must I initiate and complete the adoption service plan?
Subchapter Q, Adoption Services: Children
Division 2, Adoption Service Plan
January 2007
(a) You must initiate the plan when you accept a child or enter into a written agreement with the birth parent for adoption placement services. [Medium-Low]
(b) You must complete the service plan within 40 days of initiation. [Medium-Low]
§749.3323. What must an adoption service plan include?
Subchapter Q, Adoption Services: Children
Division 2, Adoption Service Plan
January 2007
(a) The service plan must address:
The needs of the birth parents (unless parental rights have been relinquished or involuntarily terminated), the fetus or child, and the adoptive family [Medium-Low]; and
Any other issue that impacts the adoption. [Medium-Low]
(b) The adoptive family becomes part of the service plan when matched with a child, or with a birth parent and fetus. You do not have to develop separate service plans for adoptive families that do not have a completed home study. [Medium-Low]
(c) The plan must include specific strategies to meet the needs and issues identified, and an estimate of the time required to consummate the adoption. You must inform the birth parents (unless parental rights have been relinquished or involuntarily terminated) and adoptive parents of the services you provide. [Medium-Low]
§749.3325. When placing a sibling group, must I develop a plan for each child?
Subchapter Q, Adoption Services: Children
Division 2, Adoption Service Plan
January 2007
If you place siblings in the same adoptive home, you do not have to develop a plan for each child. If you place siblings in separate adoptive homes, you have to develop separate plans for each home. [Medium-Low]
§749.3327. If a child had a foster care service plan prior to preparation for adoption, must I complete a new adoption service plan?
Subchapter Q, Adoption Services: Children
Division 2, Adoption Service Plan
January 2007
No. The adoption service plan may be a continuation of the foster care service plan.
Division 3, Preparation for Adoption
§749.3341. How often must I have contact with a child being considered for adoptive placement?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
September 2010
(a) You must have contact at least quarterly with the child being considered for adoption. The contact must be meaningful and must include [Medium]:
Continued preparation for adoption [Medium]; and
Updated information concerning the adoption. [Medium]
(b) You must make a minimum of three face-to-face contacts with a child who is 18 months old or older to prepare the child for adoption. [Medium]
(c) You must make a minimum of one face-to-face contact with an infant who is age zero to 18 months old. [Medium]
(d) You must document each contact in the child's record. [Low]
(e) You may contract with another licensed child-placing agency to make these contacts as long as:
The person making the contacts meets the minimum qualifications for a child placement staff per §749.673 of this title (relating to What are the qualifications that an employee must have to perform child placement activities?) [Medium];
The agency submits the required documentation to you [Medium];
Your child placement management staff reviews and approves the documentation [Medium]; and
You maintain the documentation in the child's record. [Medium]
§749.3343. What does preparing a child for adoption include?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
September 2010
(a) Preparation must include helping a child five years old or older to [Medium]:
Know and understand his history [Medium];
Understand the difference between biological, foster, and adoptive parents [Medium];
Express hopes and fears about adoption, including fears of disruption [Medium];
Separate from people he is close to, and grieve their loss [Medium];
Form new attachments [Medium]; and
As appropriate, make a plan for contact with siblings, other family members, and/or other significant persons. [Medium]
(b) Preparation for children under five years old must include as many of the items in subsection (a) of this section as appropriate based on the child's age and intellectual level. [Medium]
(c) Regardless of the child's age, you must document in the child's record any items in subsection (a) of this section not addressed with the child during preparation for adoption and the reason for not addressing each item. [Low]
(d) You must document preparation activities in the child's record. [Low]
§749.3345. Who must prepare a child for adoption?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
January 2007
(a) A person meeting the qualifications of child placement staff or child placement management staff must prepare a child for adoption. [Medium]
(b) Before you can place the child in the adoptive home, child placement management staff must review and approve the preparation and related documentation. [Medium-Low]
§749.3349. What professional assessments must I obtain on a child being placed for adoption?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
September 2010
(a) The extent of the professional assessment required depends on the age, history, and special needs of the child being considered. [Medium]
(b) The professional assessment must always include a medical examination by a licensed physician. [Medium-High]
(c) If the child's age is zero to 18 months old, the professional assessment must also include an evaluation by a professional credentialed in the area appropriate to the child's needs if:
There is history of abuse, neglect, or failure to thrive [Medium-High]; or
The child is physically or mentally disabled or developmentally delayed. [Medium-High]
(d) If the child's age is over 18 months old, the assessment must include an evaluation by a licensed psychiatrist, psychologist, or other appropriately licensed or credentialed professional. [Medium-High]
(e) Required assessments must be current within:
30 days of placement if the child is less than 18 months old [Medium-Low];
Three months of placement if the child is 18 months to four years old [Medium-Low]; and
Six months of placement if the child is five years old or older. [Medium-Low]
(f) You must provide any testing that an assessment recommends for the child. [Medium-High]
(g) You must document the assessments and results in the child's record. [Medium-Low]
(h) If professional assessments have been completed since the child was placed in the home, you are not required to repeat them.
§749.3351. What information from the professional assessments must I share with the adoptive family?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
January 2007
You must share the following with the adoptive family:
All information from the licensed physician and from the licensed psychiatrist, psychologist, or other licensed or credentialed professional about the potential impact on the child of existing conditions [Medium-High]; and
All information about any further testing or assessments that these professionals recommend. Any such tests must be scheduled by the date of placement. [Medium-High]
§749.3353. What other referrals must I make regarding a child who has or may have a disability?
Subchapter Q, Adoption Services: Children
Division 3, Preparation for Adoption
January 2007
You must make a referral to the Social Security Administration to determine the child's eligibility for Social Security Income (SSI). [Medium-Low]
Division 4, Placement Requirements
§749.3371. What are the requirements for a child to visit the adoptive family prior to placement?
Subchapter Q, Adoption Services: Children
Division 4, Placement Requirements
January 2007
(a) Except in the case of children one month old and younger, a child must have at least one pre-placement visit with the adoptive family prior to placement. You must base the length, location, and number of visits on the age, development, and needs of the child. [Medium]
(b) You must schedule these visits over a period of time that ensures that both the child and the adoptive family have adequate time to prepare for the placement. The period of time should be based on the age and developmental needs of the child. [Medium]
(c) The planning for the pre-placement visits must include the child, if applicable, the foster parents, and the adoptive parents. [Medium]
(d) You must document the plan for pre-placement visits. Your child placement management staff must approve the plan before visits are initiated. [Low]
§749.3373. What must my agreement with the adoptive parents include?
Subchapter Q, Adoption Services: Children
Division 4, Placement Requirements
September 2010
(a) Before placing the child into the home, you must have a written agreement with the adoptive parents signed by you and the adoptive parents. [Medium]
(b) You must give a signed copy of this agreement to the adoptive parents and place a copy in the case record. [Medium-Low]
(c) The agreement must specify the following:
The parties' agreement to complete the adoption at a specified time [Medium-Low];
The adoptive parents agreement for you to supervise them prior to the completion of the adoption [Medium];
That the adoptive parents must notify you before moving their residence prior to the completion of the adoption [Medium-High];
That you and the adoptive parents each have the discretion to end the placement prior to the adoption [Medium]; and
The fee and schedule of payment. [Low]
§749.3375. May I place a child in the home of a prospective adoptive parent before I complete the adoptive home screening?
Subchapter Q, Adoption Services: Children
Division 4, Placement Requirements
September 2010
This may be done only if the prospective adoptive parent is a [High]:
Member of the child's family related by the second degree of consanguinity or affinity; or
Foster family with whom the child has been living immediately prior to the request for an adoptive home screening.
Division 5, Required Information
§749.3391. What information must I compile for a child I am considering for adoptive placement?
Subchapter Q, Adoption Services: Children
Division 5, Required Information
September 2022
(a) As part of the Health, Social, Educational, and Genetic History report, you must compile the following information for a child you are considering for adoption placement:
| Type of Information | Including |
|---|---|
| (1) Abuse or neglect history | Physical, sexual, or emotional abuse history. [Medium-High] |
| (2) Health history | (A) Current health status [Medium-High]; (B) Birth history, neonatal history, and other medical, dental, psychological, or psychiatric history, including [Medium-High]: (i) Available results and diagnoses of any medical or dental examinations; (ii) Available results and diagnoses of any psychological, psychiatric, or social evaluations or suicide risk assessments; and (iii) To the extent known by the Department of Family and Protective Services based on information collected under Human Resources Code §264.019: (I) Whether the child's birth mother consumed alcohol during pregnancy; and (II) Whether the child has been diagnosed with fetal alcohol spectrum disorder; and (C) Immunization record. [Medium-High] |
| (3) Social history | Information about past and existing relations among the child and the child's siblings, birth parents, extended family members, and other persons who have had physical possession of or legal access to the child. [Medium] |
| (4) Educational history | (A) Enrollment and performance in educational institutions [Medium]; (B) Results of educational testing and standardized tests [Medium]; and (C) Special educational needs, if any. [Medium] |
| Type of Information | Including |
|---|---|
| (5) Family history | Information about the child's birth parents, maternal and paternal grandparents, other children born to either of the child's birth parents, and extended family members, including their [Medium]: (A) Health and medical history, including any information obtained in the medical history report and information on genetic diseases or disorders [Medium]; (B) Current health status [Medium]; (C) If deceased, cause of and age of death [Medium]; (D) Height, weight, eye, and hair color [Medium-Low]; (E) Nationality and ethnic backgrounds [Medium-Low]; (F) General levels of educational and professional achievements [Medium-Low]; (G) Religious backgrounds [Medium-Low]; (H) Results of any psychological, psychiatric, or social evaluations, including the date of any such evaluation, any diagnosis, and a summary of any findings [Medium]; (I) Any criminal conviction record relating to the following: (i) A misdemeanor or felony classified as an offense against the person or family [Medium-Low]; (ii) A misdemeanor or felony classified as public indecency; or (iii) A felony violation of a statute intended to control the possession or distribution of a substance included in the Texas Controlled Substances Act; and (J) Any information necessary to determine whether the child is entitled to, or otherwise eligible for, state or federal financial, medical, or other assistance. [Medium-Low] |
Technical Assistance
For clause (2)(B)(iii)(II), Texas Family Code, §162.007(g) defines "fetal alcohol spectrum disorder" as "any of a group of conditions that can occur in a person whose mother consumed alcohol during pregnancy".
(b) In addition, you must document the following in the child's record:
| Type of Information | Including: |
|---|---|
| (1) History of previous placements | Information about the child's previous placements, including the dates and reasons for each placement. [Medium] |
| (2) Child's legal status | Information about the child's legal status. [Medium] |
| (3) Child's understanding of adoptive placement | Information about the child's understanding of adoptive placement. [Medium] |
(c) This section does not apply to an adoption by the child's:
Grandparent;
Aunt or uncle by birth, marriage, or prior adoption; or
Stepparent.
§749.3393. What written authorization must I give adoptive parents at the time of placement?
Subchapter Q, Adoption Services: Children
Division 5, Required Information
January 2007
(a) You must provide:
Written authorization to care for the child [Medium];
Written information about the legal status, including if the parental rights to the child have not been terminated [Medium]; and
Written consent for the medical care of the child at the time of the child's placement in the home, if available. [High]
(b) You must file a copy of the signed authorizations and consent forms in the child's record and in the adoptive home record. [Medium]
§749.3395. What information must I provide the adoptive parents prior to or at the time of adoptive placement?
Subchapter Q, Adoption Services: Children
Division 5, Required Information
September 2022
(a) The agency must discuss information about the child and his birth parents with the prospective adoptive parents. [Medium]
(b) According to the Texas Family Code §162.0062, you must inform the prospective adoptive parents of their right to examine the records and other information relating to the history of the child, including the Health, Social, Educational, and Genetic History (HSEGH) report and the child's health history within the HESGH, if you are required to do a HSEGH for the adoption. [Medium]
(c) Any records or other information examined by the prospective adoptive parents or any written information provided to the prospective adoptive parents must be edited to protect any confidential information. [Medium-Low]
(d) You must also provide the prospective adoptive parents with [Medium]:
Research, which may be suggested reading materials and/or websites, on how any known health issue that the child has and/or any trauma the child has experienced (i.e. abuse or neglect) may impact child development and the family's ability to maintain permanency;
Information about the Department of Family and Protective Services (DFPS) adoption assistance programs, if the family may be eligible for such assistance;
Information about community services and other resources available to support a parent who adopts a child, including community services and other resources for a child who has suicidal thoughts or attempts suicide; and
The options available to the adoptive parent if the parent is unable to care for the adopted child, including working with the parent's post adopt provider about the possibility of postadoption substitute care services or working with the child placing agency that placed the child for adoption regarding any additional services. You should also inform the adoptive parents that the Texas Family Code, §162.026 makes it illegal to informally transfer the custody of an adopted child to a person, unless the person is a relative or stepparent of the child or an adult who has a significant long-standing relationship with the child, or the transfer of custody is a formal transfer of custody of the child through a court.
Technical Assistance
- Regarding paragraph (d)(2), information about the DFPS adoption assistance programs can be found on the DFPS website Adoption Assistance page; and
- Regarding paragraph (d)(4), postadoption substitute care services are provided by DFPS under limited circumstances, including that the services are only available to residents of Texas that have adopted a child directly from DFPS custody.
Division 6, Post-Placement Supervision
§749.3421. What are my responsibilities for the child during the post-placement period?
Subchapter Q, Adoption Services: Children
Division 6, Post-Placement Supervision
January 2007
During the post-placement period, you must:
Ensure the adoptive placement continues to meet the child's needs [Medium-High];
Maintain responsibility for the child until the court signs the adoption decree [Medium]; and
Make every effort to see that the adoption is consummated as stipulated within the written agreement, or renegotiate another time frame for when the adoption will be consummated. [Medium-Low]
§749.3423. What responsibility do I have to offer counseling services to the adoptive family?
Subchapter Q, Adoption Services: Children
Division 6, Post-Placement Supervision
September 2022
(a) To reduce the risk of adoptive placement breakdown, you must offer counseling services to the adoptive family. [Medium-High]
(b) Counseling services may be provided by your agency or by an outside counseling resource.
(c) The counseling services must provide mental health resources for the child, if applicable, the adoptive parents, and other children in the care of your agency that are placed in the adoptive home, including [Medium]:
Opportunities to debrief to process thoughts and feelings related to a suicide attempt or suicide death;
Referrals to community services and other resources for a child who has suicidal thoughts or attempted suicide; and
Referrals to grief counseling and suicide survivor support groups.
(d) You must ensure that the adoptive family is aware that counseling is available. [Medium-High]
§749.3425. What are the requirements for post-placement contacts with the adoptive family and child?
Subchapter Q, Adoption Services: Children
Division 6, Post-Placement Supervision
September 2010
(a) You must have face-to-face contacts with the child and adoptive parents, as follows:
| If the child: | Then you must have: |
|---|---|
| (1) Is under the age of two years old and does not need treatment services: | A minimum of five face-to-face contacts with the child and the adoptive parents within the first six months of placement [Medium-High]: (A) Two of the contacts must be face-to-face with the entire prospective adoptive family [Medium-High]; and (B) At least one of the two face-to-face contacts noted above must be in the adoptive home. [Medium-High] |
| (2) Needs treatment services or is two years old or older: | Monthly face-to-face contacts with the adoptive family during the first six months, two of these contacts must be in the adoptive home with all members of the adoptive family. [Medium-High] |
(b) Contacts not in the home must allow you enough privacy to counsel with the adoptive family and evaluate the placement. [Medium]
(c) After the first six months of placement, you must have at least quarterly face-to-face contacts in the adoptive home with the entire adoptive family until the adoption decree is entered. [Medium-High]
(d) Contacts must be documented by child placement staff. [Medium]
(e) You may contract with another licensed child-placing agency to make these contacts as long as:
The person making the contacts meets the minimum qualifications for a child placement staff per §749.673 of this title (relating to What are the qualifications that an employee must have to perform child placement activities?) [Medium];
The agency submits the required documentation to you [Medium];
Your child placement management staff reviews and approves the documentation [Medium]; and
You maintain the documentation in the child's record. [Medium]
§749.3427. What must I do if the adoption is not completed within the time frame stipulated in the written agreement?
Subchapter Q, Adoption Services: Children
Division 6, Post-Placement Supervision
January 2007
(a) The following individuals must assess why the adoption was not completed within the time frame stipulated in the written agreement:
Staff who supervise the adoption placement [Medium];
Any other professional staff involved with the family [Medium]; and
The adoptive family. [Medium-Low]
(b) You must establish a plan for finalizing the adoption and for supervising the placement. The plan must be based upon the assessment. The plan for supervising the placement must require at least quarterly face-to-face contacts in the adoptive home with both parents present. [Medium]
(c) You must document the assessment and the plan. [Medium-Low]
(d) Child placement management staff must:
Review the documentation and plan [Medium-Low]; and
Determine whether the assessment and plan will meet the needs of the child for safety, care, and permanency. [Medium]
(e) The adoptive placement must be re-evaluated if consummation of the adoption has not been completed within one year. [Medium]
§749.3431. What must I do if I determine that the placement cannot be completed and/or is not in the best interest of the child and/or the adoptive family?
Subchapter Q, Adoption Services: Children
Division 6, Post-Placement Supervision
January 2007
(a) You must remove the child from the adoptive family if the placement and adoption is not in the best interest of the child and/or the adoptive family. [High]
(b) The decision to remove the child must be reviewed and approved by child placement management staff prior to the removal. [Medium]
(c) If the child comes back into your care, you must document the following in the child's record:
The circumstances necessitating the removal from the adoptive family [Medium]; and
An update of the child's service plan. [Medium-Low]
Division 7, Post-Adoption Services
§749.3461. Must I offer counseling services after the adoption is consummated?
Subchapter Q, Adoption Services: Children
Division 7, Post-Adoption Services
January 2007
(a) You must offer counseling services to the adoptive child and adoptive parents after the adoption is consummated. [Medium]
(b) You may offer these services through your agency or an outside counseling resource.
§749.3463. If supplemental information concerning birth parents subsequently comes to my attention, what are my responsibilities?
Subchapter Q, Adoption Services: Children
Division 7, Post-Adoption Services
January 2007
(a) You must make reasonable efforts to inform the adoptive parents and/or an adult adoptee, in writing, about supplemental medical, psychological, or psychiatric information, including developing genetic conditions, terminal illnesses, or death of a birth parent, that subsequently comes to your attention. You must document the information provided, the date and method of providing the information, and the names of the persons receiving the information. [Low]
(b) When an adoptive placement is made, you must tell older adopted children and adoptive parents that you will communicate the information in subsection (a) of this section to them provided that they keep you informed of their whereabouts. You must document when you gave this information to the child and to adoptive parents. [Low]
(c) When you receive information on the identified topic, you must, at a minimum:
Write the adoptive parents and/or adult adoptee at the last known address [Low];
If the letter is returned to you as undeliverable, check the telephone directory or Internet search for the city where the adoptive parents and/or adult adoptee were last known to be living [Low];
If this action does not locate the adoptive parents and/or adult adoptee, check the record for contact information on family members or others who may have knowledge of the adoptive parents and/or adult adoptee's whereabouts and attempt to contact these persons and obtain forwarding information [Low]; and
Document your attempts to locate the adoptive parents and/or adult adoptee. [Low]
§749.3465. What must I do when an adoptee requests his adoption record?
Subchapter Q, Adoption Services: Children
Division 7, Post-Adoption Services
January 2007
(a) According to Texas Family Code §162.006, you must provide to the adult adoptee a copy of the adoption report that has been edited to protect any confidential information. [Low]
(b) If the adoptee is younger than 18 years of age, the request for the information must come from or must include the written consent of the adoptee's adoptive parents or managing conservator. [Low]
Revised: November 2025