Part 11: Adoption Services - Birth & Adoptive Parents
Subchapter R: Adoption Services - Birth Parents
Division 1 - Birth Parent Preparation
§749.3501. What information must I provide to birth parents who contact me for services?
Subchapter R, Adoption Services: Birth Parents
Division 1, Birth Parent Preparation
January 2007
(a) Upon establishing a formal relationship with birth parents, you must provide the following information to them in writing:
Alternatives and options to adoption that your policies do not oppose [Medium-Low];
The services you provide, including counseling and post-adoption services [Medium-Low];
Adoption registries [Medium-Low];
Legal rights and responsibilities of both birth parents in regard to [Medium-Low]:
A. Relinquishment of parental rights [Medium-Low];
B. Waivers of Interest [Medium-Low];
C. Affidavit of status [Medium-Low];
D. Termination of parental rights [Medium-Low];
E. Designating the father of a child as "unknown" based on legal requirements [Medium-Low]; and
F. Paternity registry requirements [Medium-Low]; and
Any assistance available through the agency to meet housing, medical, and prenatal care and other needs [Medium-Low];
(b) You must provide and discuss this information to birth parents in a language that they understand [Medium-Low]; and
(c) You must document the:
Date the information was shared [Low]; and
Agency staff that shared the information. [Low]
§749.3503. What are the requirements for contacting birth parents that become my clients?
Subchapter R, Adoption Services: Birth Parents
Division 1, Birth Parent Preparation
April 2022
(a) Child placement staff must have at least:
Two face-to-face contacts with birth parents prior to the relinquishment of parental rights over a period of two or more days. At least one interview must be held after the birth of the child. If face-to-face contact with the birth father is not feasible, you must document justification for contacts that are not face-to-face [Medium-Low]; and
Except in cases of relinquishment or involuntary termination of parental rights, quarterly contact with birth parents prior to placement of the child. [Medium-Low]
(b) If the contacts required in subsection (a) of this section cannot be made, you must document that you have exercised reasonable efforts to locate the absent parent, and you must document why the contacts could not be made. Reasonable efforts to locate an absent parent are not required for an alleged biological father whose rights will be terminated under Texas Family Code §161.002(c-1). [Medium-Low]
(c) Contacts must assist birth parents to:
Understand their feelings regarding relinquishing the child for adoption [Medium-Low];
Understand the long-range implications of relinquishing the child for adoption [Medium-Low];
Freely make a choice regarding relinquishing the child to the agency for adoption. The birth parents must not be pressured to make a decision to place their child for adoption [Medium-Low];
Express their expectations for adoptive placement, if placement is chosen, and the degree and type of involvement, if any, they desire with adoptive family [Medium-Low]; and
Provide the required Health, Social, Educational, and Genetic History Report (HSEGH) information, if applicable. [Medium-Low]
(d) The following topics must be discussed with the birth parents:
Preparation for childbirth, when applicable [Medium];
Relinquishment or waiver of parental rights [Medium-Low];
Termination of parental rights [Medium-Low]; and
Counseling in regard to separation, loss, and grief issues. [Medium]
(e) Staff providing the service must document all contacts with birth parents. [Medium-Low]
(f) 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]
Division 2 - Termination of Parental Rights
§749.3521. What requirements must I follow regarding termination of parental rights?
Subchapter R, Adoption Services: Birth Parents
Division 2, Termination of Parental Rights
January 2007
You must comply with all state and federal laws regarding termination of parental rights, including Chapter 161 of the Texas Family Code (relating to Termination of the Parent-child Relationship). [Medium]
§749.3523. What specific information must I obtain from birth parents that voluntarily relinquish their parental rights?
Subchapter R, Adoption Services: Birth Parents
Division 2, Termination of Parental Rights
January 2007
A parent who signs an affidavit of voluntary relinquishment of parental rights regarding a biological child must also prepare a medical history report form that we issue as required by §161.1031 of the Texas Family Code. If the child is [Medium-High]:
In the managing conservatorship of Child Protective Services, DFPS must maintain the form and make it available to persons with whom the child is placed [Medium-High]; and
Placed for private adoption through a licensed child-placing agency, that agency must maintain the form. [Medium-High]
Division 3 - Post Adoption Services
§749.3571. Must I offer counseling services to birth parents after the adoption of their child is consummated?
Subchapter R, Adoption Services: Birth Parents
Division 3, Post Adoption Services
January 2007
(a) Yes. You must offer counseling services to birth parents after the consummation of the adoption. [Low]
(b) You must ensure that birth parents are notified in writing that counseling services are available through the agency on an ongoing basis. [Low]
(c) You may provide counseling services directly or through referrals to counseling resources outside your agency.
§749.3573. What are the requirements to provide information about the child to birth parents after the adoption is consummated?
Subchapter R, Adoption Services: Birth Parents
Division 3, Post Adoption Services
January 2007
(a) You must make reasonable efforts to inform birth parents, in writing, about developing genetic conditions, terminal illness, or death of the biological child that comes to your attention. [Low]
(b) At the time the adoption placement is made, you must tell birth parents that you will communicate the information in subsection (a) of this section to them provided that they keep you informed of their whereabouts. [Low]
(c) When you receive information on the identified topics, you must document your attempts to locate the birth parents, the information provided, the date and method of providing the information, and the names of the persons receiving the information. [Low]
Subchapter S: Adoption Services - Adoptive Parents
Division 1 - Adoptive Applicant Preparation
§749.3601. What information must I provide to persons inquiring about agency adoption services?
Subchapter S, Adoption Services: Adoptive Parents
Division 1, Adoptive Applicant Preparation
January 2007
Prior to establishing any formal relationship with prospective adoptive applicants, you must provide written information regarding:
The services you provide, including counseling and post-adoptive services [Low];
Fee policies and payment procedures [Low];
Agency requirements and procedures [Low];
Legal requirements for adoption, including their right to have independent legal counsel for legal consummation. You may require that the legal counsel selected by the applicants be experienced in adoptions. If the attorney selected by the applicants is not experienced in adoptions, you may require the adoptive applicants to have an additional, experienced attorney handle the adoption requirements while allowing oversight by the applicants' choice of attorney [Low]; and
Adoption registries. [Low]
Division 2 - Adoptive Home Screening
Technical Assistance
Best practices for adoptive home screening interviews:
- Space interviews so that members of the prospective adoptive family are able to process and provide information that contributes to the assessment of the family.
- If the home is not providing foster care to the child prior to the consummation of the adoption, conduct the individual interviews with either prospective adoptive parent and the joint interview with both parents on the same day.
- Avoid conducting the individual interviews with children and other family members living in the home and the joint interview with all family members on the same day.
§749.3621. What is an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
An adoptive home screening contains documentation of the following:
Interviews with adoption applicants, their families, and collateral contacts as necessary [Medium];
Information obtained through review of documents, reports, and inspections [Medium];
Assessment of the information obtained to determine whether applicants meet the requirements for approval as adoptive families [Medium];
Evaluation of the information obtained in order to make recommendations about the family's capacity for adoption, including the age, number, sex, and special needs of the children the family has the capacity to parent [Medium];
Assessment of basic care and safety issues, including safety of the environment of the adoptive home [Medium]; and
Review and approval by child placement management staff, including the ages and gender(s) of the children for whom the home is approved, the special needs of the children for whom the home is approved, and the approved capacity of the home. [Medium]
§749.3623. What information must I obtain for the adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
You must obtain, document, and assess the following information about a prospective adoptive home:
| Required Information | Description of Discussion, Assessment, and Documentation Requirements |
|---|---|
| (1) The age of the adoptive applicants. | All adoptive applicants must be at least 21 years or older. You must include documentation verifying their age. [Medium] |
| (2) The marital status of the adoptive applicants including any previous marriages. | If the adoptive applicants are married, you must review and document the marriage license or declaration of marriage record. You must document information about any previous marriages, divorces, or deaths of former spouses. [Low] |
| (3) A history of the adoptive applicants' residence and their citizenship status. | You must document the: (A) Length of time spent at each residence for the past 10 years (street address, city, state) [Low]; and (B) Citizenship of the adoptive applicants. [Low] |
| (4) The financial status of the adoptive applicants. | Adoptive applicants must be able to meet the child's basic material needs. You must include the family's ability to support a child, employment history, income, expenses, and ability to manage money. You must verify income and medical insurance coverage plans for the child. [Medium-High] |
| (5) The results of the criminal history and central registry background checks conducted on the adoptive applicants and any non-client person 14 years of age or older who regularly or frequently stays or works in the home. | Persons applying to adopt children through a child-placing agency, and any non-client person 14 years of age or older who will regularly or frequently be staying or be present at the home while children are being provided care, must obtain a criminal history and central registry background check (See Chapter 745, Subchapter F, of this title (relating to Background Checks)). The results of those checks must be documented in the adoptive home record and the home study. [High] |
| (6) Health status of the adoptive applicants. | Document information about the physical, mental, and emotional status (including substance abuse history) of all persons living in the home in relation to the family's ability to adopt a child and to assume parenting responsibilities. You must observe these persons for any indication of problems and follow up, where indicated, with a professional evaluation. Document the information obtained through your observations or through a physician's statement. Consideration must be given to the health and age of the adoptive applicants. There must be a plan in place to ensure the child will be raised in a stable and consistent environment to adulthood. [High] |
| (7) Any disabilities of the adoptive applicants. | A person must not be prohibited from adopting a child solely based on a disability. You must evaluate individuals who are disabled in relation to their adjustment to the disability and any limits the disability imposes on the adoptive applicants' ability to care for a child. This evaluation must be documented in the home study. [Medium-High] |
| (8) The adoptive applicants' motivation for adoption. | Discuss and assess the adoptive applicants' motivation for adoption. You must assess the applicants' motivation and its effect on their ability to accept and parent an adopted child. [Medium-High] |
| (9) The fertility of the adoptive applicants. | Discuss and assess information about the couple's fertility. The applicants' fertility is important only in relation to unresolved feelings about their infertility and their ability to accept and parent a child not born to them. [Medium] |
| (10) The quality of the adoptive applicants' marital and family relationships. | Describe the quality of marital and family relationships in relation to the family's ability to adopt and parent a child. You must assess the stability of a couple's relationship, the strengths and problems of the relationship, and how those issues will relate to an adopted child. You must assess the quality of the relationships between the prospective adoptive parents and their biological children, living in or out of the home, strengths and problems of those relationships, and how those issues will relate to an adopted child. [Medium] |
| (11) The adoptive applicants' feelings about their childhood and parents. | Discuss and assess adoptive applicants' feelings about their childhoods and parents, including any history of abuse or neglect and their resolution of the experiences. [Medium] |
| (12) The adoptive applicants' attitude about an adopted child's religion. | Evaluate adoptive applicants on [Medium]: (A) Their willingness to respect and encourage a child's religious affiliation, if any [Medium]; (B) Their willingness to provide a child opportunity for religious and spiritual development, if desired [Medium]; and (C) The health protection they plan to give a child if their religious beliefs prohibit certain medical treatment. [Medium-High] |
| (13) The adoptive applicants' values, feelings, and practices in regard to child care and discipline. | Discuss and assess the applicants' knowledge of child development and their child-care experience. Discuss and assess the ways the applicants were disciplined as children and their reactions to the discipline they received. Discuss and assess the prospective adoptive parents' discipline styles, techniques, and their ability to recognize and respect differences in children and use discipline methods that suit the individual child. If their current discipline methods are different than those that you approve, discuss and assess how they would change their child care practices to conform with your approved methods. [Medium-High] |
| (14) The adoptive applicants' sensitivity to and feelings about children who may have been subjected to abuse and neglect if the agency may place such children with the adoptive parents. | Discuss and assess the adoptive applicants' understanding of the dynamics of child abuse and neglect. Discuss and assess their understanding of how these issues and experiences affect them, their families, and the children they may adopt. Assess the adoptive family applicants' ability to help children who have been abused or neglected. If the adoptive applicants experienced abuse or neglect as a child, assess the handling of those experiences and assess the impact of those experiences on the applicant's ability to help children deal with their own experiences. Evaluate the availability of family and community resources to meet the needs of the children adopted by the family. [Medium] |
| (15) The adoptive applicants' sensitivity to, and feelings for children's experiences of separation from, and the loss of, their biological families. | Discuss and assess the adoptive applicants' understanding of the dynamics of separation and loss and the effects of these experiences on children. Discuss and assess their personal experiences with separation and loss and their processing of those experiences. Assess the applicants' acceptance of the process of grief and loss for children and assess their ability to help children through the grieving process. [Medium] |
| (16) The adoptive applicants' sensitivity to, and feelings about, a child's biological family. | Discuss the adoptive applicants' feelings about the child's parents, including those parents who abused or neglected the child. Assess their sensitivity and reactions to the birth parents. Discuss and assess their sensitivity to and acceptance of a child's feelings about his parents and assess their ability to help the child deal with those feelings. Discuss and assess the applicants' sensitivity to and acceptance of the child's relationships with his siblings. Discuss and assess their reactions to the possibility of contacts between the child and his biological family in the future. [Medium-Low] |
| (17) The attitude of other family and household members regarding adoption. | Discuss and assess the attitudes of other family and household members toward the plan of adoption. Discuss and assess their involvement in the care of children, their attitudes toward the children, and their acceptance of the adoption plan. [Medium] |
| (18) The attitude of the adoptive applicants' extended family regarding adoption. | Discuss the extended family's attitude toward adoption and the involvement the family will have with the adopted children. Discuss and assess their involvement in the care of the children, their attitudes toward adoption, and adopted children. [Medium] |
| (19) Support systems available to adoptive applicants and adopted children. | Discuss and assess the support systems available to the adoptive family and the support they may receive from these resources. [Medium] |
| (20) The language(s) spoken by the adoptive applicants. | Document the language(s) spoken by each adoptive applicant. [Medium] |
| (21) The adoptive applicants' expectations of and plans for adoptive children. | Discuss and assess the prospective adoptive parent's expectations of the child and the flexibility of their expectations in relation to the child's actual needs and abilities. Assess their capacities to recognize and emphasize the strengths and achievements of the child and their capacities to adjust their expectations according to the abilities of the child. [Medium-High] |
| (22) Adoptive applicants' ability to work with specific kinds of behaviors and backgrounds. | Discuss and assess the adoptive applicants' ability to work with and/or willingness to accept specific behaviors, backgrounds, special needs and/or disabilities and other characteristics of children. [Medium-High] |
| (23) Background information from other child-placing agencies. | Request and assess the following background information (if provided) from any child-placing agency that previously conducted a foster screening, adoptive home screening, post placement adoptive report, or home study [Medium-High]: (A) The screening, report, home study, and related documentation [Medium-High]; (B) Documentation of supervisory visits and evaluations [Medium-High]; (C) Regarding a foster home, any record of deficiencies and their resolutions [Medium-High]; and (D) Regarding a foster home, the most current fire and health inspections. [Medium-High] |
§749.3624. May I consider a prospective adoptive parent's membership in a military organization as a factor in approving an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
March 1, 2008
Section 162.0025 of the Texas Family Code prohibits any person conducting an adoptive home study from considering membership in the armed forces of the United States, Texas National Guard, National Guard in another state, or in a reserve component of the armed forces of the United States as a negative factor in determining whether the adoptive parent would be a suitable parent or whether an adoption is in the best interests of the child. [Low]
§749.3625. Whom must I interview when conducting an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
January 2007
Interviews for an adoptive home screening must include:
At least one individual interview with each prospective adoptive parent [Medium];
At least one individual interview with each child three years or older living in the home either full or part time [Medium-High];
At least one individual interview with any other person living full or part time with the family [Medium-High];
At least one joint interview with the adoptive applicants [Medium-High];
At least one family group interview with family members living in the home [Medium-High]; and
At least one interview, by telephone, in person or by letter, with any minor child 12 years old or older or adult child of the adoptive applicants not living in the home. If you cannot reach an adult child to interview, you must document your reasonable efforts to locate the child. [Medium-High]
Technical Assistance
Individuals who may visit in the adoptive home, such as relatives who spend vacations or holidays, are not considered to be living in the home part time. Examples of persons living in the home part time include:
- Children of prospective adoptive parent(s), including children attending college but who are in the home for weekends, holidays, and/or vacations or children who live in other living arrangements (with custodial parents, in boarding schools, etc.) but who are present in the home on weekends, vacations, holidays.
- Parents of the adoptive parents who may live in the home for a number of weeks or months each year.
- Friends who live with the family while unemployed.
§749.3627. What must I document regarding interviews for an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
You must document all interviews and attempts to complete interviews. The documentation must be a part of the adoptive home record and include [Medium-Low]:
The date and method used to contact each required person [Medium-Low];
The date of each interview [Medium-Low];
Who was present at each interview and their relationship to the adoptive applicants [Medium-Low]; and
A summary of each interview. [Medium-Low]
§749.3629. What are the requirements for visiting the home during an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
January 2007
(a) Unless the child is already placed in the home for foster care, you must visit the home when all members of the household are present. [Medium-High]
(b) You must document in the record the date, persons present, their relationship to the prospective adoptive family, and observations made during the visit. [Medium-Low]
§749.3631. What are the requirements if adoptive applicants previously adopted a child from another child-placing agency or were previously foster parents for another agency?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
January 2007
(a) You must request information related to the parents' experience and performance as foster and/or adoptive parents from the previous agency and any background information regarding the foster home as described in §749.2447(22) of this title (relating to What information must I obtain for the foster home screening?). [Medium]
(b) If provided, you must evaluate the information as part of your screening and placement decisions regarding the home. You must use the information to evaluate the family's ability to work with specific kinds of behaviors and backgrounds. [Medium]
§749.3633. When must I update an adoptive home screening?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
(a) You must update an adoptive home screening for a family seeking adoptive placement:
Every 12 months [Medium]; and
After a major life change in the adoptive family. [Medium-High]
(b) The update must include:
A review and any required updating of each category of information required for an adoptive home screening [Medium]; and
Documentation of at least one visit to the adoptive home when all household members are present within the 90-day period before the update is approved by the child placement management staff. [Medium-High]
(c) No update is required for adoptive homes that also are providing foster care as a foster home verified by your agency.
§749.3635. What is a "major life change in the adoptive family"?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
A major life change in the adoptive family includes:
Marriage, divorce, separation, death, birth, adoption, or any other change in household composition; or
A serious health problem that affects the ability of the adoptive parent to care for children.
§749.3637. Must I complete an adoptive home screening update if the prospective adoptive parents plan to adopt another child?
Subchapter S, Adoption Services: Adoptive Parents
Division 2, Adoptive Home Screening
September 2010
Yes. If prospective adoptive parents plan to adopt another child, either in addition to or instead of the child for whom the screening was done, you must complete a written adoptive home screening update. [Medium-High]
Division 3 - Basic Care and Safety Requirements
§749.3661. What information must adoptive applicants submit on their home and grounds as a part of their application?
Subchapter S, Adoption Services: Adoptive Parents
Division 3, Basic Care and Safety Requirements
January 2007
(a) Adoptive applicants must submit a sketch of the floor plan of the home showing dimensions and purposes of all rooms in the home. [Medium-Low]
(b) Adoptive applicants must submit a sketch or photo of the outside areas showing areas of the grounds to be used by the child. [Medium-Low]
(c) If the home is providing foster care, you may use the foster care screening information.
(d) You must review the sketches and/or photos to determine:
Whether there is sufficient space to accommodate the members of the household and the adoptive child(ren) [Medium-Low]; and
Any potential safety or health issues. [Medium]
§749.3663. What are the basic safety requirements for the home and grounds?
Subchapter S, Adoption Services: Adoptive Parents
Division 3, Basic Care and Safety Requirements
January 2007
(a) The home must be clean, safe, and free of obvious fire and other hazards. The home must be equipped with smoke detectors. [Medium-High]
(b) Pets must be vaccinated and treated as recommended by a licensed veterinarian. [Medium-High]
(c) If the adoptive home has a swimming pool, wading pool, hot tub, or other bodies of water on the premises, you must discuss safety issues and plans to ensure the safety of the child with the adoptive applicants. [High]
(d) You must discuss and assess basic care and safety issues depending on the age and specific needs of the child or children being considered for placement in the home. When you select a child for placement in the home, you must discuss issues specific to the child including supervision, special health or behavior risks, and general child care needs according to the experience and training needs of the adoptive parents. [High]
Technical Assistance
When you complete an adoption screening, it is a good idea to ask whether there are firearms, explosive materials or projectiles present in the home. If these items are present, review your agency's policies and requirements for storage with the adoptive applicants. Your agency may wish to consider the age, history, emotional maturity, and background of the child placed in the adoptive home in determining the adequacy of the storage of these items.
Some precautions your agency may consider include:
- Requiring trigger locks or making items inoperable;
- Requiring locked storage;
- Requiring separate locked storage for weapon and for ammunition; or
- Requiring that items stored in display cabinets be made inoperable, stored separately from ammunition, and that cabinets be locked.
It is a good idea not to transport children in vehicles with accessible firearms, explosive materials, or projectiles.
Division 4 - Pre-Placement Requirements
§749.3691. What contacts must I maintain with adoptive applicants prior to the placement of a child?
Subchapter S, Adoption Services: Adoptive Parents
Division 4, Pre-Placement Requirements
September 2010
(a) After you accept a family as a potential adoptive placement, you must maintain at least quarterly contact with them. [Medium]
(b) You must discuss any changes in the information that you obtain during the adoption screening. [Medium]
(c) In addition to the quarterly contacts, you must provide education and training in regard to the following as deemed appropriate by the child placement staff:
Bonding with adoptive children [Medium];
Parenting issues and concerns [Medium]; and
Children with special needs, if appropriate. [Medium-Low]
(d) You must document each contact and training that was provided in the family's record, indicating the date, type of contact, and content. [Medium-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 in §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]
Division 5 - Pre-Adoption Consummation Activities
§749.3721. What are my agency's responsibilities during the pre-adoption supervisory period?
Subchapter S, Adoption Services: Adoptive Parents
Division 5, Pre-Adoption Consummation Activities
January 2007
Your agency must:
Ensure the child's needs are met in the adoptive placement [High];
Maintain responsibility for the child until the court has entered the adoption decree [Medium-High]; and
Offer counseling services to the adoptive family. These services may be provided through referrals outside the agency. [Medium]
§749.3725. If the adoption has not been completed within the stipulated time frame in the written agreement, what actions must my agency take?
Subchapter S, Adoption Services: Adoptive Parents
Division 5, Pre-Adoption Consummation Activities
September 2010
(a) Your agency must make every effort to see that the adoption is consummated as stipulated within the written agreement. [Medium]
(b) You must make an assessment of why the adoption will not be completed according to the time frame in the written agreement in §749.3373(c)(1) of this title (relating to What must my agreement with the adoptive parents include?). The assessment must include [Medium]:
Input from staff who have supervised the adoption placement, professionals who have provided counseling for the family, any other professional staff involved with the family, and the adoptive family [Medium]; and
A plan for finalization of the adoption and for supervision of the placement that is based upon the assessment. [Medium]
(c) The assessment and plan must be documented. Child placement management staff must review the documentation and plan and must determine whether the assessment and plan will meet the needs of the child for safety, care, and permanency. [Medium-Low]
(d) The adoptive placement must be re-evaluated if it has not been completed within one year. [Medium]
§749.3727. What actions must my agency take if there are changes to the adoptive family during the post-placement period?
Subchapter S, Adoption Services: Adoptive Parents
Division 5, Pre-Adoption Consummation Activities
September 2010
Your agency must document in the adoptive home record any changes in the adoptive family that may affect the child and assess the effect of the changes on the child. This includes any major life change in the adoptive family. [Medium]
§749.3729. What must my agency do if the placement cannot be completed and/or is not in the best interests of the child and/or the adoptive family?
Subchapter S, Adoption Services: Adoptive Parents
Division 5, Pre-Adoption Consummation Activities
January 2007
Your agency must remove the child from the adoptive family if the placement and adoption is not in the best interests of the child and/or the adoptive family. The decision to remove the child must be reviewed and approved by child placement management staff prior to the removal. You must document the circumstances necessitating the removal and the child's needs in the child's record. [Medium-High]
Division 6 - Post-Placement Adoptive Report
§749.3741. What is a post-placement adoptive report?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
A post-placement adoptive report is a written evaluation of the assessments and interviews, after the placement of the child, regarding the:
Child;
Prospective adoptive parent(s);
Family of the prospective adoptive parent(s);
Environment of the prospective adoptive parent(s) and their family; and
Adjustment of all individuals to the placement.
§749.3743. Whom must I interview when developing a post-placement adoptive report?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
(a) Interviews for a post-placement adoptive report may be conducted in one visit and must include:
Individual interviews with each adoptive parent [Medium];
Individual interviews with each child three years or older living in the home and any other person living full or part-time with the family [Medium];
A joint interview with the adoptive parents [Medium]; and
A family group interview with all family members living in the home. [Medium-Low]
(b) These interviews are not required for a post-placement adoptive report when a foster family adopts a foster child who has been placed in that home at least six months.
§749.3745. What must I document regarding interviews for a post-placement adoptive report?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
You must document in the record all interviews and attempts to interview persons listed in §749.3743 of this title (relating to Whom must I interview when developing a post-placement adoptive report?). The documentation must include the date and method taken to contact each required person, the date of each interview, who was present at each interview, their relationship to the adoptive parents, and a summary of each interview. [Medium-Low]
§749.3747. Is a visit to the home required when developing a post-placement adoptive report?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
Yes. You must visit the home when all members of the household are present. You must document in the record the date, persons present, their relationship to the adoptive parents, and observations made during the visit. This visit is not required for a post-placement adoptive report when a foster family adopts a foster child who has been placed in that home at least six months. [Medium]
§749.3749. When must I develop a post-placement adoptive report?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
You must conduct the interview for a post-placement adoptive report after the child has resided with the adoptive parent for at least five months, unless otherwise directed by the court. However, you may start developing the post-placement adoptive report (e.g. the gathering of written information) after the placement of the child. [Medium-High]
§749.3751. What issues should an interview for a post-placement adoptive report address?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
Each interview should focus on the adjustment of the family and the child following the placement of the child. You must also address any items required by §749.3623 of this title (relating to What information must I obtain for the adoptive home screening?) that changed since the adoptive home screening was approved. [Medium]
§749.3753. What information must the post-placement adoptive report include?
Subchapter S, Adoption Services: Adoptive Parents
Division 6, Post-Placement Adoptive Report
September 2010
(a) It must include the following documented information:
A summary of all assessments and available information about the child who is the subject of a petition for adoption, including [Medium-Low]:
A. Health history, social history, educational history, genetic and family history, and other information required by the Texas Family Code, §162.005 and §162.007 [Medium-Low];
B. History of physical, sexual, or emotional abuse experienced by the child [Medium-Low];
C. History of any previous placements, including the date and reasons for placement [Medium-Low];
D. The child's understanding of adoptive placement [Medium-Low]; and
E. The child's legal status [Medium-Low];
A summary of all assessments, interviews, and available information about the adoptive parents including [Medium-Low]:
A. The adoptive home screening (See §749.3623 of this title (relating to What information must I obtain for the adoptive home screening?)), including the results of the criminal history and central registry background checks [Medium-Low];
B. The birth parents' expectations for adoptive placement and further involvement and the details of agreements for future contact, if any [Medium-Low];
C. Individual strengths and weaknesses of the adoptive parents [Medium-Low];
D. Observations made relative to the family's interactions with each other [Medium];
E. Interviews conducted, as applicable, in accordance with §749.3743 of this title (relating to Whom must I interview when developing a post-placement adoptive report?) [Medium]; and
F. A visit to the home conducted in accordance with §749.3747 of this title (relating to Is a visit to the home required when developing a post-placement adoptive report?) [Medium];
An evaluation of the child's present or prospective physical, intellectual, social, and psychological functioning and needs, and whether the environment will meet those needs [Medium-Low];
A summary of the adjustment of the family and child in the home during the post-placement period, if appropriate [Medium];
Sources of information and verification, to the extent possible, of all statements of fact pertinent to the report [Medium-Low];
The basis for your conclusions or recommendations [Medium]; and
The names and the qualifications of all persons involved in the preparation and evaluation of the report. [Medium-Low]
(b) All persons involved in the preparation and evaluation of the report must sign the report. [Medium-Low]
Technical Assistance
You can attach the HSEGH report and/or the adoptive home screening to the post-placement adoptive report to meet the related content requirements for the post-placement adoptive report as long as all required information has been updated and reflects any changes.
Division 7 - Counseling Services
§749.3771. Is my agency required to offer counseling services to the adoptive family?
Subchapter S, Adoption Services: Adoptive Parents
Division 7, Counseling Services
September 2010
Yes, you must offer counseling services post-placement and post-adoption. The services may be provided directly or through referrals outside of your agency. [Medium]
Division 8 - Subsequent Adoptions
§749.3781. What are the requirements if adoptive parents apply to adopt another child?
Subchapter S, Adoption Services: Adoptive Parents
Division 8, Subsequent Adoptions
September 2010
(a) Before you may place another child into the home, you must update the adoptive home screening. [Medium]
(b) The update must include at least one:
Individual interview with each applicant [Medium];
Individual interview with each child three years or older living in the home either full or part time [Medium];
Individual interview with any other person living full or part time with the family [Medium]; and
Visit to the home while all family members are present. [Medium-High]
(c) You must complete all other requirements for an adoptive placement. [Medium-High]
(d) If a subsequent adoption occurs within one year from a previous adoption, in which all of the required home visits and interviews were conducted, an individual interview with each adoptive parent and a home visit with all household members present will meet the interviewing and home visit requirements.
Revised: November 2025