Subchapter W, Kinship Foster Homes
Division 1, Definitions and Scope
§749.4401. Definitions for Subchapter W.
Subchapter W, Kinship Foster Homes
Division 1, Definitions and Scope
November 2025
These terms have the following meanings in this subchapter.
(1) Affinity - Related by marriage, as set forth in Texas Government Code §573.024.
(2) Consanguinity - Two individuals are related to each other by consanguinity if one is a descendant of the other, or they share a common ancestor. An adopted child is related by consanguinity for this purpose. Consanguinity is defined in Texas Government Code §573.022.
(3) Kinship caregiver - A kinship caregiver:
- (A) Is a person counted in the child/caregiver ratio for kinship foster care services, including employees, kinship foster parents, contract service providers, and volunteers whose duties include direct care, supervision, guidance, and protection of a kinship foster child, including any person who is solely responsible for a kinship foster child; a child placement staff taking a kinship foster child on an appointment or doctor's visit is an example of a kinship caregiver; and
- (B) Does not include a babysitter, an overnight care provider, or a respite child-care provider unless the person is:
- (i) A verified kinship foster parent;
- (ii) An agency employee;
- (iii) A contract service provider; or
- (iv) A volunteer.
(4) Kinship foster child - A child in the care of a kinship foster home who:
- (A) Is related to the kinship foster parents by consanguinity or affinity; or
- (B) Has, or whose family has a longstanding and significant relationship with the kinship foster parent.
(5) Kinship foster home - A foster family home that has a kinship foster parent or parents.
(6) Kinship foster home verification - A verification for a kinship foster home. A kinship foster home must meet certain requirements for a non-expiring foster home verification, as provided in this subchapter, and may only care for kinship foster children.
(7) Kinship foster parent - A foster parent who:
- (A) Is related to a foster child by consanguinity or affinity;
- (B) Has a longstanding and significant relationship with a foster child or the child's family before the child is placed; or
- (C) Is the spouse of a foster parent who has a longstanding and significant relationship with the foster child or the foster child's family.
§749.4403. Scope.
Subchapter W, Kinship Foster Homes
Division 1, Definitions and Scope
November 2025
(a) A child-placing agency (CPA) must comply with the rules in the following subchapters of this chapter, as applicable, before issuing a kinship foster home verification and while the kinship foster home verification is in effect:
- (1) Subchapter A (relating to Purpose and Scope);
- (2) Subchapter B (relating to Definitions and Services);
- (3) Subchapter C (relating to Organization and Administration);
- (4) Subchapter D (relating to Reports and Record Keeping);
- (5) Subchapter E (relating to Agency Staff and Caregivers);
- (6) Subchapter G (relating to Children's Rights);
- (7) Subchapter I (relating to Foster Care Services: Service Planning, Discharge);
- (8) Subchapter L (relating to Foster Care Services: Emergency Behavior Intervention);
- (9) Subchapter N (relating to Foster Homes: Management and Evaluation); and
- (10) Subchapter P (relating to Foster-Adoptive Homes and Legal Risk Placements).
(b) For the regulation and ongoing monitoring of a kinship foster home, the CPA must comply with the divisions of this subchapter as noted in the following chart.
Figure: 26 TAC §749.4403(b)
| Topic | Follow this Division in Subchapter W |
|---|---|
| Training and Professional Development | Division 2, Pre-Verification and Ongoing Training Requirements |
| Admission and Placement | Division 3, Admission and Placement |
| Medical and Dental Care | Division 4, Medical and Dental Requirements |
| Daily Care, Problem Management | Division 5, Daily Care, Education, and Discipline |
| Screenings and Verifications | Division 6, Screenings and Verifications |
| Health and Safety Requirements, Environment, Space, and Equipment | Division 7, Health and Safety Requirements, Environment, Space, and Equipment |
(c) A foster family home that also provides care to a kinship foster child may follow the rules in this subchapter relating to the direct care of kinship foster children. However, the home must:
- (1) Be verified as a foster family home; and
- (2) Follow all other applicable rules in this chapter for the direct care of non-kinship foster children.
Division 2, Pre-Verification and Ongoing Training Requirements
§749.4421. Documentation of Required Trainings.
Subchapter W, Kinship Foster Homes
Division 2, Pre-Verification and Ongoing Training Requirements
November 2025
(a) A child-placing agency (CPA) must document completion of all required training, including any training certificates and signed agreements reviewed during pre-verification training, in the appropriate kinship foster home record. [Medium-High]
(b) Certificates for pediatric first aid and pediatric cardiopulmonary resuscitation must have an expiration date, and the training documented on the certificate must be renewed prior to the expiration date. [Medium-High]
(c) If the CPA determines that a kinship foster home requires additional training to address areas of non-compliance identified during the CPA's annual evaluation of the kinship foster home, the CPA must document [Medium-High]:
- (1) The additional training topics covered;
- (2) The curriculum used for each of the kinship caregiver's additional training; and
- (3) How the CPA determined which additional training topics were appropriate.
§749.4423. Pre-Verification Training Requirements.
Subchapter W, Kinship Foster Homes
Division 2, Pre-Verification and Ongoing Training Requirements
November 2025
Prior to a child-placing agency (CPA) verifying a kinship foster home, each kinship caregiver must have pre-verification training that includes [High]:
- (1) An overview of the relevant and applicable rules of this chapter;
- (2) The CPA's philosophy, organizational structure, and policies, as well as a description of services and programs the CPA offers;
- (3) A review of the reasonable and prudent parent standard, including how the kinship caregivers will use the standard to ensure safety in the kinship foster home;
- (4) A review of the agreements between the CPA and kinship foster parents while the verification is in effect; and
- (5) A review of the CCR Statement of Foster Parent and Child-Placing Agency Rights and Responsibilities, Form 2907, or a form created by the CPA with the same information.
§749.4425. Pediatric First Aid and Pediatric Cardiopulmonary Resuscitation (CPR) Requirements.
Subchapter W, Kinship Foster Homes
Division 2, Pre-Verification and Ongoing Training Requirements
November 2025
(a) One kinship foster parent must be certified in pediatric first aid and pediatric CPR before a child-placing agency (CPA) issues the kinship foster home verification. Other kinship caregivers, including a second kinship foster parent, must be certified in pediatric first aid and CPR within 90 days after the CPA verifies the home. [High]
(b) Pediatric first aid must include training related to rescue breathing and choking. [High]
(c) Pediatric CPR training must adhere to guidelines for CPR established by the American Heart Association. [High]
§749.4427. General Training Requirements.
Subchapter W, Kinship Foster Homes
Division 2, Pre-Verification and Ongoing Training Requirements
November 2025
A kinship caregiver must complete the following applicable types of general training within the noted timeframes.
Figure: 26 TAC §749.4427
| What type of training is required? | Which kinship caregiver must receive the training? | How many hours of training are required? | When must the kinship caregiver complete the training? | What must the training curriculum include? |
|---|---|---|---|---|
| (1) General Caregiver Training. [High] | (A) All kinship caregivers. | (B) 4 hours. | (C) Within 60 days after the child-placing agency (CPA) verifies the home. | (D)(i) Topics appropriate to the needs of children for whom the kinship caregiver will be providing care; (D)(ii) Trauma informed care; (D)(iii) Measures to prevent, recognize, and report suspected occurrences of child abuse (including sexual abuse); (D)(iv) Procedures to follow in emergencies, such as weather-related emergencies, volatile persons, and severe injury or illness of a child or adult; and (D)(v) Preventing the spread of communicable diseases. |
| (2) Emergency Behavior Intervention. [High] | (A) All kinship caregivers. | (B) At least 6 hours. | (C) Within 60 days after the CPA verifies the home. | (D) The CPA must determine the appropriate curriculum. |
| (3) Safe Sleeping. [High] | (A) Kinship caregivers who care for children younger than two years of age. | (B) No specified hours. | (C)(i) One kinship foster parent must complete the training before the CPA verifies the home; and (ii) Other kinship caregivers, including the second kinship foster parent must complete the training within 90 days following verification. |
(D) The CPA must determine the appropriate curriculum. |
| (4) Administering Psychotropic Medication. [High] | (A) Kinship caregivers who administer psychotropic medication. | (B) No specified hours. | (C) A kinship caregiver must complete the training before administering a psychotropic medication. | (D) The CPA must determine the appropriate curriculum. |
§749.4429. Additional Training Requirements.
Subchapter W, Kinship Foster Homes
Division 2, Pre-Verification and Ongoing Training Requirements
November 2025
(a) From the date a child-placing agency (CPA) verifies a kinship foster home, the CPA must annually evaluate the kinship foster home to identify any areas of non-compliance with minimum standards. [High]
(b) If the CPA identifies areas of non-compliance in the kinship foster home, the CPA must provide all kinship caregivers in that kinship foster home with additional training appropriate to address the areas of non-compliance. [High]
(c) For each kinship foster home that provides care to a kinship foster child receiving treatment services for emotional disorders, intellectual disabilities, or autism spectrum disorder, the CPA must provide at least one hour of annual training to each kinship caregiver relating to the treatment services that the kinship foster child receives, regardless of whether the CPA identifies concerns in the home. [High]
Division 3, Admission and Placement
§749.4441. Admission Criteria.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
(a) A kinship foster home may only provide foster care to kinship foster children. A kinship foster child may be admitted as a regular admission or emergency admission. [Medium-High]
(b) Each kinship placement must meet the kinship foster child's physical, medical, recreational, educational, and emotional needs as identified in the kinship foster child's admission assessment or the written assessment of the child's needs and strengths by the Texas Department of Family and Protective Services. [Medium-High]
(c) After a kinship foster child turns 18 years old, the person may remain in care until the person's 23rd birthday to [Medium]:
- (1) Transition to independence, including attending college or vocational or technical training;
- (2) Attend high school, a program leading to a high school diploma, or GED classes;
- (3) Complete the child-placing agency's program; or
- (4) Stay with a minor sibling.
(d) A young adult who turns 18 years old in the care of a kinship foster home may remain in care indefinitely if the person [Medium]:
- (1) Continues to need the same level of care; and
- (2) Is unlikely to physically or intellectually progress over time.
(e) The CPA may admit a young adult into the care of a kinship foster home if the person [Medium]:
- (1) Comes immediately from another residential child-care operation;
- (2) Meets the conditions of subsection (d) of this section; and
- (3) Is in the care of the Texas Department of Family and Protective Services.
§749.4443. Documentation of Admission Information.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
A child-placing agency (CPA) must document the following in the kinship child's record [Medium-High]:
- (1) Initial admission information;
- (2) The admission assessment;
- (3) The signed placement agreement; and
- (4) Post-placement contacts.
§749.4445. Initial Requirements at the Time of Admission or Verification.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
For each kinship foster child living in the kinship foster home at the time of verification or who is subsequently placed in the home, a child-placing agency (CPA) must obtain the following information prior to verifying the home or admitting the kinship foster child [Medium-High]:
- (a) A brief description of the circumstance that led to the kinship foster child's placement in the kinship foster home;
- (b) Current health status, chronic or acute health conditions, such as asthma, diabetes, or allergies, and medication the kinship foster child is taking;
- (c) Identification of the kinship foster child's high-risk behaviors, if applicable; suicide risk screening, if required; and supervision needs;
- (d) Known contraindication to the use of restraint; and
- (e) Any safety plans kinship caregivers will implement related to the behaviors or risk factors.
§749.4447. Placement Agreement.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
A placement agreement is a child-placing agency's (CPA's) agreement with the kinship foster child's parent or the kinship foster child that defines the CPA's roles and responsibilities and authorizes the CPA to obtain or provide services for the kinship foster child. The placement agreement must include [High]:
- (1) Authorization permitting the CPA to care for the kinship foster child;
- (2) A medical consent form signed by a person authorized by the Texas Family Code to provide consent; and
- (3) The reason for placement and anticipated length of time in care.
§749.4449. Admission Assessment.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
(a) A child-placing agency (CPA) must use the information obtained during the admission assessment to facilitate service planning and evaluate whether the placement is appropriate for the kinship foster child. [High]
(b) The admission assessment must be complete within the following timeframe. [Medium-High]
Figure: 26 TAC §749.4449(b)
| The kinship foster child is already living in the home at the time of verification: | Admission assessment complete: |
|---|---|
| (1) Yes | Within 40 days of verifying the kinship foster home. |
| (2) No | Within 40 days of admitting the child into a CPA's care. |
(c) The admission assessment must include [High]:
- (1) A description of the circumstances that led to the kinship foster child's referral for substitute care;
- (2) A description of the kinship foster child's behavior, including appropriate and maladaptive behavior and any high-risk behavior;
- (3) Any history of physical, sexual, or emotional abuse or neglect;
- (4) Current medical status, including the available results of any medical and dental examinations;
- (5) Current mental health and substance abuse status, including available results of any psychiatric evaluation, psychological evaluation, or psychosocial assessment;
- (6) The child's current developmental, educational, and behavioral level of functioning;
- (7) The kinship foster child's social history, including information about the past and existing relationship with the kinship foster child's birth parents, siblings, and extended family members and the quality of those relationships with the child;
- (8) The kinship foster child's criminal history, if applicable;
- (9) A determination how the CPA can meet the needs of the kinship foster child and the services the CPA plans to provide; and
- (10) If the child is at least three years of age, the most recent copy of the written assessment of the child's needs and strengths by the Texas Department of Family and Protective Services (DFPS).
(d) The written assessment of the child's needs and strengths by DFPS may be used in place of completing the admission assessment. If the DFPS assessment is used in place of the admission assessment, it must be requested and reviewed within the timeframe established in subsection (b) of this section. [Medium-High]
(e) The competed admission assessment or written assessment of the child's needs and strengths by DFPS must be shared with the kinship foster parents. [Medium-High]
§749.4451. Post-Placement Contacts.
Subchapter W, Kinship Foster Homes
Division 3, Admission and Placement
November 2025
(a) Child placement staff must have monthly face-to-face contact with a kinship foster child. [High]
(b) Monthly visits must meet the following requirements [Medium-High]:
- (1) At least half of the contacts must occur in the foster home;
- (2) The child placement staff must ensure that the kinship foster child is safe and their basic needs are being met;
- (3) The visits must:
- (A) Be for a length of time to address the needs of a kinship foster child who is verbal, or observe the kinship foster child if they are non-verbal;
- (B) Provide an opportunity to meet privately; and
- (C) Provide an opportunity for the kinship foster child to express their feelings about how the placement is working out.
Division 4, Medical and Dental Requirements
§749.4461. Documentation Requirements for Medical and Dental Care.
Subchapter W, Kinship Foster Homes
Division 4, Medical and Dental Requirements
November 2025
(a) A child-placing agency (CPA) must verify that the following is documented either in the kinship foster child's health passport or in the kinship foster child's record [Medium-High]:
- (1) Each emergency medical and dental visit or hospitalization, including a discharge summary; and
- (2) Applicable immunization requirements.
(b) A kinship foster home must maintain a daily medication log for each controlled substance and psychotropic prescription medication administered to a kinship foster child on a form provided by the CPA. The daily medication log must include [High]:
- (1) The name of the kinship foster child;
- (2) The name of the controlled substance or psychotropic medication administered; and
- (3) The date and time the medication was administered.
(c) If a kinship caregiver fails to administer any medication to a kinship foster child according to the medication label or subsequent signed orders, the kinship caregiver must document the following on a form provided by the CPA [High]:
- (1) The kinship foster child's name;
- (2) The medication name;
- (3) A description of the medication error; and
- (4) How the kinship caregiver ensured the kinship foster child's safety.
§749.4463. General Medical, Dental, Immunization, and Medication Requirements.
Subchapter W, Kinship Foster Homes
Division 4, Medical and Dental Requirements
November 2025
(a) A kinship foster child must receive timely routine and emergency medical and dental care. [High]
(b) At the time of verification, a child-placing agency (CPA) must verify whether a kinship foster child who is at least three years old has had a medical examination within the past year and a dental examination within the past year. If the CPA determines that the child has not had one of these examinations during that time frame, the CPA must develop a plan for the child to receive the examination. [Medium-High]
(c) All medications must be administered according to the instructions on the label or according to a prescribing health-care professional's subsequent signed order. [High]
(d) All medications must be stored securely and in a way that makes them inaccessible to kinship foster children. [High]
(e) Each kinship foster child that a child-placing agency admits must meet and continue to meet applicable immunization requirements as specified by the Texas Department of State Health Services. [High]
Division 5, Daily Care, Education, and Discipline
§749.4471. Normalcy.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
A kinship foster parent must ensure a kinship foster child has the opportunity to participate in childhood activities, including unsupervised activities, as much as possible. Childhood activities, including unsupervised activities, must be appropriate in relation to the kinship foster child's age and developmental needs. [High]
§749.4473. Infants: Basic Care and Supervision.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) Each infant in a kinship foster home must receive individual attention, including play, talking, cuddling, and holding. [High]
(b) A kinship caregiver must provide prompt attention to an infant's physical needs, such as feeding and diapering. [High]
(c) A kinship caregiver must ensure that the environment is safe for each infant, including [High]:
- (1) Keeping the area free of objects that may choke or harm the infant; and
- (2) Ensuring accessible electrical outlets have childproof covers or safety outlets.
(d) Items necessary for diaper changing must be kept out of the reach of kinship foster children. [Medium-High]
(e) A kinship caregiver must never leave an infant unsupervised. [High]
- (1) A sleeping infant is considered supervised if the kinship caregiver:
- (A) Is within eyesight or hearing range of the infant and can intervene as needed; or
- (B) Uses a video camera or audio monitoring device to monitor the infant and is close enough to the infant to intervene as needed.
- (2) An awake infant is considered supervised if the kinship caregiver is within eyesight of the infant and is close enough to the infant to intervene as needed. For short periods of time during routine household activities, the infant may be out of the kinship caregiver's eyesight, as long as:
- (A) The infant is within hearing range of the kinship caregiver;
- (B) The infant's environment is free of any safety hazards; and
- (C) The kinship caregiver can intervene immediately, as needed.
§749.4475. Infants: Cribs.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) A kinship foster home that provides care to a kinship foster child who is an infant must have an individual crib for the infant. All cribs must:
- (1) Have a firm, flat mattress that snugly fits the sides of the crib, and the mattress must not be supplemented with additional foam material or pads and must be waterproof or washable [High];
- (2) Have sheets that fit snugly and do not present an entanglement hazard [High];
- (3) Be bare, except for a tight-fitting sheet, for an infant who is younger than twelve months of age [High]; and
- (4) Be assembled per the manufacturer's instructions with no loose hardware, damaged parts, or entrapment hazards. [High]
(b) A kinship foster home may use a full-sized, portable, or mesh-side crib if:
- (1) The kinship caregivers follow the manufacturer's instructions [High]; and
- (2) The crib has mesh that is securely attached to the top of the rails and floor plate, and the folded sides are securely latched in place when raised. [High]
(c) The kinship foster home may not use a stackable crib for an infant. [High]
(d) A kinship caregiver must never leave an infant in a crib, portable crib, or mesh-side crib with a side folded down. [High]
(e) An infant receiving treatment services for primary medical needs may have special items that assist with safe sleep at the written recommendation of a health-care professional. The child-placing agency (CPA) must keep the recommendation in the kinship foster child's record. [High]
(f) The CPA must notify the parent of each child in care of each kinship foster home verified by the CPA of any deficiencies relating to subsections (a)(1), (a)(3), or (b)(2) of this section. [High]
§749.4477. Infants: Safe Sleep Requirements.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) A kinship caregiver must place an infant who is unable to turn over without assistance in a face-up sleeping position unless a healthcare professional orders otherwise. A child-placing agency (CPA) must keep any orders from a healthcare professional in the kinship foster child's record. [High]
(b) An infant's head, face, or crib must not be covered at any time by any item, including a blanket, linen, or clothing. [High]
(c) An infant must not co-sleep with any individual in any location. [High]
(d) An infant must not sleep in a restrictive device, such as a car seat, swing, bouncy seat, or highchair. If an infant falls asleep in one of these devices, the kinship caregiver must move the infant to a crib as soon as possible. [High]
(e) An infant who can roll over without assistance must not be swaddled. [High]
(f) The CPA must notify the parent of each child in care of each kinship foster home verified by the CPA of any deficiencies cited in this section. [High]
§749.4479. Infants: Equipment Safety.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
A highchair, swing, stroller, infant carrier, rocker, bouncy seat, or similar type of equipment that a kinship foster home uses for an infant must have safety straps fastened when the equipment is in use with the infant. [High]
§749.4481. Infants: Feeding Requirements.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) Kinship caregivers must feed an infant based on the recommendations of the infant's health-care professional. [High]
(b) Unless recommendations from the service planning team are contrary, kinship caregivers must hold the infant while feeding the infant if the infant is [High]:
- (1) Birth through six months old; or
- (2) Unable to sit unassisted in a highchair or other seating equipment during feeding.
(c) Kinship caregivers must never prop a bottle by supporting it with anything other than the infant's or adult's hands. [High]
(d) A kinship caregiver who cares for more than one infant must [Medium-High]:
- (1) Sterilize shared bottles or training cups between uses by different infants; and
- (2) Clean highchair trays before each use.
§749.4483. Toddlers: Basic Care Requirements.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) Each toddler must receive individual attention, including play, talking, and cuddling. [High]
(b) A kinship caregiver must ensure that the environment is safe for each toddler, including [High]:
- (1) Keeping the area free of objects that may choke or harm the toddler; and
- (2) Ensuring each accessible electrical outlet has a childproof cover or safety outlet.
(c) A kinship caregiver must never leave a toddler unsupervised. A toddler is considered supervised if the kinship caregiver [High]:
- (1) Is within eyesight or hearing range of the child and can intervene as needed; or
- (2) Uses a video camera or an audio monitoring device to monitor the kinship foster child and is close enough to the child to intervene as needed.
§749.4485. Additional Requirements for Pregnant Kinship Foster Children.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
A child-placing agency must ensure information, training, and counseling is available regarding prenatal care, childbirth, and recovery from childbirth. [Medium-High]
§749.4487. Additional Requirements for Kinship Foster Children Receiving Treatment Services for Primary Medical Needs or Intellectual Disabilities.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) A kinship caregiver who cares for a kinship foster child receiving treatment services for primary medical needs or an intellectual disability must follow recommendations from the kinship foster child's medical providers, including recommendations relating to physical stimulation. [High]
(b) A kinship caregiver must ensure that a kinship foster child receiving treatment services for primary medical needs or an intellectual disability has opportunities for sensory stimulation. [High]
§749.4489. Educational Services: General.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) A child-placing agency (CPA) must arrange appropriate education for each kinship foster child, including [Medium-High]:
- (1) Ensuring the kinship foster child attends an educational facility or program that is approved or accredited;
- (2) Advocating for the kinship foster child to receive educational and related services to which the child is entitled under provisions of federal and state law and regulations, including the implementation of an individual education plan (IEP) for students receiving special education services; and
- (3) Ensuring that an education program for a kinship foster child with autism spectrum disorder:
- (A) Encourages normalization through appropriate stimulation and by encouraging self-help skills; and
- (B) Is appropriate to the kinship foster child's intellectual and social functioning.
(b) For a kinship foster child receiving treatment services, the CPA must designate a liaison between the agency and the kinship foster child's school. [Medium-High]
§749.4491. Educational Services: Caregiver Responsibilities.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
Kinship caregivers must:
- (1) Request Admission, Review, and Dismissal (ARD), Individual Education Plan (IEP), and Individual Transitional Planning (ITP) meetings, if concerned with a kinship foster child's education program or if the kinship foster child does not appear to be making progress [High];
- (2) Attend ARD, IEP, ITP meetings, or other school staffings and conferences to represent the kinship foster child's educational best interests [High]; and
- (3) Know what is in the kinship foster child's IEP and support the school's efforts to implement the IEP, if applicable. [High]
§749.4493. Discipline and Punishment.
Subchapter W, Kinship Foster Homes
Division 5, Daily Care, Education, and Discipline
November 2025
(a) Only a kinship caregiver known to and knowledgeable of a kinship foster child may discipline the child. [High]
(b) All disciplinary measures used with a kinship foster child must be consistent with the child's rights related to discipline and punishment. [High]
Division 6, Screenings and Verifications
§749.4501. General Requirements.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) Each kinship foster parent must be at least 18 years old. [Medium-High]
(b) A child-placing agency (CPA) may verify only one spouse as a kinship foster parent if [Medium-High]:
- (1) The spouse whom the CPA verifies will be the only one responsible for the day-to-day care of kinship foster children in the home; and
- (2) The CPA determines that the spouses maintain separate residences.
(c) A kinship foster home may not be verified to provide kinship foster services by more than one CPA at a time; however, a home may be verified by one agency to provide kinship foster care services only and approved by another CPA for adoption only. [Medium-High]
§749.4503. Kinship Foster Home Screenings.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A child-placing agency (CPA) must complete a home screening before verifying a kinship foster home. The CPA may [High]:
- (1) Complete the home screening as detailed in this section; or
- (2) Use a completed home assessment obtained from the Texas Department of Family and Protective Services (DFPS) or Single Source Continuum Contractor (SSCC). If the CPA uses the home assessment obtained from DFPS or SSCC, the CPA is responsible for ensuring it meets the requirements of this division.
(b) The CPA must update a kinship foster home screening with an addendum any time there is a major life change in the kinship foster family. [Medium-High]
(c) Through interviewing each prospective kinship foster parent or completing a joint interview, a CPA must obtain, discuss, document, and assess the following information about a prospective kinship foster home.
Figure: 26 TAC §749.4503(c)
| Required Information | Discussion, Assessment, and Documentation Requirements |
|---|---|
| (1) The age of each prospective kinship foster parent and any other member of the household. [Medium] | The CPA must document the ages of all household members. |
| (2) The basic competency of each prospective kinship foster parent. [High] | The CPA must ensure and document that each prospective kinship foster parent: (A) Can meet basic competencies, including basic reading, writing, and math; or (B) Have a support system in place that can immediately assist with these subjects. |
| (3) Personal characteristics. [High] | The CPA must document information from the prospective kinship foster parents that demonstrate the CPA's assessment of: (A) Each parent's emotional stability, character, health, and adult responsibility; and (B) The ability to provide a caring environment, appropriate supervision, and responsible discipline. |
| (4) History of current interpersonal relationships, including marriages, common-law marriages, and other relationships between people who share or have shared a domestic life without being married. [Medium-High] | The CPA must document information about the current relationship status of the prospective kinship foster parents. |
| (5) A history of the prospective kinship foster parents' residence. [Medium] | The CPA must document the length of time spent at each residence for the last two years (street address, city, state). |
| (6) The financial status of the prospective kinship foster parents. [Medium-High] | (A) The CPA must discuss with the prospective kinship foster parents the current reimbursement process, if applicable, and assess the prospective kinship foster parents' understanding of that process. (B) The CPA must assess and document that the prospective kinship foster parents have or have reasonable access to sufficient resources to support the household and all children in care. |
| (7) The results of criminal history and central registry background checks conducted on the prospective kinship foster parents and on any non-client 14 years of age or older who regularly or frequently stays at or is present in the home. | (A) The CPA must assess, document, and maintain the documented assessment of the background checks for the prospective kinship foster parents and any person, including any non-client 14 years of age or older who will be regularly or frequently staying at or is present in the home. [High] (B) With respect to law enforcement service call information, the CPA must do the following. [High] (i) Obtain service call information from the appropriate law enforcement agency for each of the prospective kinship foster parent's addresses over the past two years. Discuss with the prospective kinship foster parents any service call information that the CPA obtains from a law enforcement agency and the facts surrounding the incident. (ii) Regardless of background check results, ask the prospective kinship foster parents whether any law enforcement agency has responded to any of the prospective kinship foster parent's residences in the past two years. If the CPA obtains additional information from the prospective kinship foster parents, request background information from each law enforcement agency that responded. Discuss the incident and any additional background information that the CPA obtains with the prospective kinship foster parents. (iii) Assess and document information obtained from law enforcement and any discussion with the prospective kinship foster parents in the foster home screening. |
| (8) Health status of all persons living in the home. [High] | Discuss, assess, and document: (A) Information about the physical and mental health status (including substance abuse history) of all persons living in the home in relation to the family's ability to provide kinship care; and (B) Whether any noted health-related issue may affect the prospective kinship foster parents' ability to care for a kinship foster child. |
| (9) The prospective kinship foster parents' values, feelings, and practices regarding child care and discipline. [High] | (A) Discuss, assess, and document: (i) Each prospective kinship foster parent's experience caring for children; (ii) The ways each prospective kinship foster parent was disciplined as a child and the prospective kinship foster parent's reactions to the discipline; and (iii) Each prospective kinship foster parent's discipline styles, techniques, and ability to recognize and respect differences in children and use discipline methods suitable to an individual child. (B) Discuss the CPA's approved disciplinary methods. If a prospective kinship foster parent's current discipline methods are different than those that the CPA approves, the CPA must discuss and assess how the kinship foster parent would change child-care practices to conform to the CPA's approved methods. |
| (10) Each prospective kinship foster parent's sensitivity to and feelings about children who may have been subjected to abuse or neglect. [High] | (A) Discuss, assess, and document each prospective kinship foster parent's: (i) Understanding of the dynamics of child abuse and neglect; and (ii) How these issues and experiences will affect the kinship foster parents, the families, and kinship foster children in care. (B) Assess and document the availability of family and community resources to meet the needs of the children in the kinship foster family's care. |
| (11) The attitude of other household members about the prospective kinship foster parents' plan to provide foster care. [Medium-High] | Discuss, assess, and document the attitudes of other household members toward the plan to provide kinship foster care, including each household member's: (A) Involvement in the care of kinship foster children; (B) Attitudes toward kinship foster children; and (C) Acceptance of the verification as a kinship foster family. |
| (12) Support systems available to prospective kinship foster parents. [High] | (A) Discuss, assess, and document the support systems available to each kinship foster parent and the support the family may receive from these resources. The CPA must ask each prospective kinship foster parent for information about any person who may provide support as a caregiver during an unexpected event or crisis, such as an illness or disability of a kinship foster parent, loss of transportation, or the death of an immediate family member. (B) Unless the person will be a caregiver immediately after the CPA verifies the home, a background check on the person does not have to be completed before the CPA verifies the home. |
| (13) Background information from other child-placing agencies. [High] | (A) Request, assess, and maintain the background information that the other CPA provides. (B) The receiving CPA must address and document the closure or any identified risk indicators, as applicable, with the prospective kinship foster parents before approval and verification of the home if the background information indicates that: (i) The kinship foster home was closed by the other CPA; or (ii) There were any potential risk indicators that the other CPA did not adequately address with the kinship foster parents. |
(d) Regarding (c)(7) in subsection (c) of this section the CPA must report to Child Care Regulation the information obtained about the prospective kinship foster family's domestic violence history, as applicable. The CPA must report this information regardless of whether the CPA verifies the home. [High]
§749.4505. Verifying a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
A child-placing agency (CPA) must take the following steps to verify a kinship foster home.
- (1) Complete and document the requirements in this division.
- (2) Obtain the following [Medium]:
- (A) A sketch, photo, or other documentation of the home that shows the purposes of all rooms in the home and identifies the indoor areas for the kinship foster children's use; and
- (B) A sketch or photo of the outside areas that shows the buildings, driveways, fences, storage areas, gardens, recreation areas, and bodies of water.
- (3) Evaluate all areas required in this subchapter by:
- (A) Completing an inspection of the kinship foster home to ensure that the home meets applicable rules relating to Daily Care, Education, and Discipline, and Health and Safety Requirements, Environment, Space and Equipment of this subchapter [High]; and
- (B) Making recommendations about the home's overall ability to keep kinship foster children safe, paying specific attention to areas of substantial safety risk to kinship foster children and how the CPA addressed areas of identified safety risks with the prospective kinship foster parent before approving and verifying the kinship foster home [High]; and
- (C) Documenting in the kinship foster home file the details of the inspection of the kinship foster home and any identified safety risks. [Medium-High]
- (4) Obtain from the child placement management staff the review and approval of the home screening, and the recommended verification of the home. [Medium-High]
- (5) Issue a verification certificate that must be posted at the kinship foster home or immediately available for review upon request that includes [Medium]:
- (A) The name and address of the kinship foster family;
- (B) The kinship foster home's total capacity and kinship foster care capacity, including ages and sex of the kinship foster children being served; and
- (C) The types of services the home provides.
§749.4507. Previously Verified Kinship Foster Homes.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) For a kinship foster home previously verified by another child-placing agency (CPA), the receiving CPA must conduct and complete a new home screening as required in this subchapter. [High]
(b) If the kinship foster home is transferring from another CPA, the receiving CPA must request information about the home by submitting a written request to the agency that transferred the kinship foster home. [High]
(c) If the kinship foster home is transferring from another CPA with a child in care, the receiving CPA may verify the kinship foster home prior to completion of the background check.
§749.4509. Releasing Information About a Previously Verified Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A child-placing agency (CPA) must release background information regarding a current or previous kinship foster home to [High]:
- (1) Another CPA conducting a foster home screening, pre-adoptive home screening, or post-placement adoptive report; or
- (2) An independent contractor who is hired or required by the court to conduct a social study under Chapter 107 of the Texas Family Code.
(b) Background information includes [High]:
- (1) The kinship foster home screening and any related documentation or addendums;
- (2) Documentation of supervisory visits and evaluations for the past year;
- (3) Any record of deficiencies and their resolutions for the past year, including information regarding pending investigations and unresolved deficiencies;
- (4) The most current fire and health inspections or checklists;
- (5) The transfer or closing summary for the kinship foster home;
- (6) Copies of any current or previous plans to achieve compliance or other type of development plan for the past two years, if applicable; and
- (7) Copies of any current or previous corrective action or adverse action plans for the past two years, if applicable.
(c) A CPA must release the background information to the requesting agency by the 10th day after receiving the written request, including informing the requesting agency of any pending investigations and unresolved deficiencies. By the 10th day after the completion of any pending investigations and the resolution of any deficiencies, the CPA must release to the requesting agency the [High]:
- (1) Outcome of any investigations and any resulting deficiencies cited; and
- (2) Resolution of any deficiencies.
§749.4511. Changes to the Verification Status of a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A child-placing agency (CPA) must submit information to Child Care Regulation within two business days of [Medium-High]:
- (1) Verifying a new kinship foster home or issuing a temporary kinship foster home verification;
- (2) Placing a kinship foster home on or taking it off inactive status;
- (3) Changing conditions of the verification for an existing kinship foster home; and
- (4) Closing a kinship foster home, including the reason the CPA closed the home.
(b) If a CPA changes the conditions of a kinship foster home's verification to allow the home to provide additional services, the child placement management staff must ensure there is no conflict of care with children currently in the home. [Medium-High]
(c) If the kinship foster home adds a new, unrelated household member, the CPA must [High]:
- (1) Ensure the individual has the necessary background checks; and
- (2) Evaluate the impact the individual will have on the kinship foster family and kinship foster children prior to the individual moving into the home.
§749.4513. Transferring or Closing a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A child-placing agency (CPA) must complete a transfer summary or closing summary when a kinship foster home transfers to another CPA or closes. [Medium-High]
(b) A transfer summary and a closing summary must include [Medium-High]:
- (1) A copy of the verification certificate;
- (2) The kinship foster home's addresses for the past two years and, as needed, directions for rural addresses;
- (3) The length of time the kinship foster parents have been verified by the CPA;
- (4) For the kinship foster children that were in care for the last two years, the:
- (A) Number of kinship children fostered;
- (B) Type of treatment services provided to each kinship foster child; and
- (C) Reason for each kinship foster child's discharge from care;
- (5) A description of any limitations on the verification that were in place for the kinship foster home in caring for and working with kinship foster children;
- (6) A description of any indicators of risk to children at the time of the transfer or closing;
- (7) Any plan to achieve compliance or other type of development plan that was in place within the previous 12 months of the date of transfer or closing;
- (8) Any corrective action or adverse action plan that was in place at the time of transfer or closing; and
- (9) A statement concerning whether the CPA would recommend the kinship foster home for verification in the future, including whether the CPA would recommend any limitations or restrictions on the verification, and the basis of the CPA's recommendation.
(c) A transfer summary must also [High]:
- (1) Include pending investigations or unresolved deficiencies; and
- (2) Be completed by the 10th day after a CPA receives a written request to transfer and the transferring CPA must forward it immediately to the requesting CPA.
(d) A closing summary must also [High]:
- (1) Include the reason the home is closing, including whether the CPA required the kinship foster home to close;
- (2) Include any unresolved deficiencies that have not been corrected and a description of those deficiencies; and
- (3) Be completed by the 20th day after a kinship foster home is closed.
§749.4515. Temporary Kinship Foster Home Verifications.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A child-placing agency (CPA) may issue a temporary kinship foster home verification when a kinship foster home moves from one residence to another. Within 30 days of the kinship foster home moving to the new residence, the CPA must inspect the new residence for compliance with health and safety requirements in this subchapter. [High]
(b) Before issuing the non-expiring kinship foster home verification, the CPA must ensure the kinship foster home is compliant with all requirements in this subchapter. [High]
(c) A temporary kinship foster home verification is valid for a maximum of six months. [High]
§749.4517. Capacity and Child/Caregiver Ratio.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A kinship foster home may care for up to six children regardless of the number of caregivers or ages of the children in the home. This capacity includes kinship foster children, as well as adopted and biological children living in the home, children receiving respite services, and children for whom the kinship foster home provides daycare. [High]
(b) A kinship foster home may care for seven or eight children as recommended and approved by the Texas Department of Family and Protective Services and a child-placing agency (CPA). To approve expanding the kinship foster home's capacity, the CPA must [High]:
- (1) Complete Form 4003 Foster Family Home Capacity Exception; and
- (2) Request a variance from Child Care Regulation.
§749.4519. Supervision.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) The child placement management staff must ensure that supervision of a kinship foster child adequately accounts for [High]:
- (1) The specific needs of the kinship foster child, including any history of high-risk behaviors that would require additional supervision; and
- (2) The environment where the supervision is taking place.
(b) A kinship caregiver is responsible for [High]:
- (1) Knowing which kinship foster children the kinship caregiver is responsible for;
- (2) Providing the level of supervision necessary to ensure each kinship foster child's safety and well-being, including auditory and/or visual awareness of each kinship foster child's ongoing activity as appropriate;
- (3) Being able to intervene when necessary to ensure each kinship foster child's safety; and
- (4) Being aware of any special supervision needs based on the kinship foster child's developmental age, maturity, and service plan restrictions.
(c) When a kinship foster child participates in an unsupervised childhood activity, the kinship caregiver must know [High]:
- (1) Where the kinship foster child is scheduled to be, and who they will be with; and
- (2) How and when the kinship foster child will be returning home.
§749.4521. Kinship Foster Children as Babysitters.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A kinship foster child may serve as a babysitter for another kinship foster child if the child placement management staff approves the child to babysit and establishes limits with duration and frequency. [High]
(b) A child-placing agency must consider [High]:
- (1) The developmental age of the child who will provide the babysitting; and
- (2) Any known history of high-risk behaviors of the child providing the babysitting and the child who will be babysat.
§749.4523. Respite Child-Care Services.
Subchapter W, Kinship Foster Homes
Division 6, Screenings and Verifications
November 2025
(a) A kinship foster home may only provide respite services to a kinship foster child. [Medium-High]
(b) The child placement management staff (CPMS) must approve any respite child-care and ensure that the placement will not cause a conflict of care for any child that is already placed in the home. [High]
(c) The CPMS must ensure information is shared about the kinship foster children to ensure continuity of care, including any special supervision requirements or safety plans. [High]
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
§749.4551. Documentation of Health and Safety Requirements.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
A child-placing agency must document the following in the kinship foster home's record [High]:
- (1) The results of each health inspection or health and safety evaluation;
- (2) The results of each fire inspection or fire safety evaluation; and
- (3) A copy of the home's emergency preparedness plan, including any subsequent reviews.
§749.4553. Health and Fire Inspections.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) A kinship foster home must have either [High]:
- (1) A health inspection conducted by the local health authority; or
- (2) A health and safety evaluation conducted by the child-placing agency's (CPA's) child placement staff using the Environmental Health Checklist for Kinship Foster Homes form.
(b) A kinship foster home must also have either [High]:
- (1) A fire inspection conducted by a state or local fire authority; or
- (2) A fire safety evaluation developed and conducted by the CPA's child placement staff.
(c) A kinship foster home must correct any deficiencies documented during any inspection or evaluation and comply with any conditions or restrictions specified by the inspector or evaluator. [High]
§749.4555. Emergency Plans.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) A kinship foster home must have a written plan for handling potential disasters and emergencies, including fire and severe weather. The child-placing agency (CPA) that verified the home must annually review and evaluate the plan with all kinship caregivers and kinship foster children in the home. The review of the plan must be provided in the kinship foster child's communication method. [High]
(b) The CPA may develop the emergency plan with the kinship foster family or obtain a copy of the emergency plan the family developed with the Texas Department of Family and Protective Services or Single Source Continuum Contractor. [High]
§749.4557. Fire Safety.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) A kinship foster home must have a working smoke detector in the following areas [High]:
- (1) The kitchen;
- (2) Hallways or open areas outside of sleeping rooms; and
- (3) On each level of a home with multiple levels.
(b) The kinship foster home must have one non-expired, operational fire extinguisher that is accessible in the case of emergency. [High]
(c) The kinship foster home must ensure that exits to the home are not blocked. [High]
§749.4559. Animals.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
Any animal on the premises of a kinship foster home must not pose a health or safety threat to the kinship foster children. [High]
§749.4561. Weapons, Firearms, Explosive Materials, and Projectiles in a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Each child-placing agency (CPA) must have and enforce a policy that addresses the presence of weapons, firearms, explosive materials, and projectiles in a kinship foster home. The policy must contain specific requirements to ensure that a kinship foster child does not have unsupervised access to these items, including requiring a kinship foster parent to keep such items in locked storage when they are not in use. [High]
(b) The CPA must determine whether it is appropriate for a specific kinship foster child to use weapons, firearms, explosive materials, or projectiles. [High]
(c) No kinship foster child may use a weapon, firearm, explosive material, or projectile unless the kinship foster 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 kinship foster child. [High]
(d) The CPA must determine whether it is appropriate for a specific kinship foster child to use a toy that explodes or shoots. [High]
(e) No kinship foster child may use or be around a toy that explodes or shoots unless the kinship foster child is directly supervised by an adult and the toy is age-appropriate for the kinship foster child. [High]
§749.4563. Storage of Weapons, Firearms, Explosive Materials, or Projectiles in a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) When determining if weapons, firearms, explosive materials, and projectiles are stored so that a kinship foster child does not have unsupervised access to such items, the child-placing agency (CPA) must consider the age, history, emotional maturity, and background of the children in the kinship foster home. [High]
(b) A CPA may not require the kinship foster home to disclose the specific types of firearms that are stored or otherwise present in the kinship foster home. [High]
(c) Firearms that are inoperable and solely ornamental are exempt from the storage requirements in this rule. [High]
§749.4565. Determining if Weapons, Firearms, Explosive Materials, or Projectiles are Present in a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) When a child-placing agency (CPA) completes a kinship foster home screening, the CPA must ask whether weapons, firearms, explosive materials, or projectiles are present in the kinship foster home. If these items are present, the CPA must review the CPA's weapons, firearms, explosive materials, and projectiles policy and requirements with the prospective kinship foster parents. [High]
(b) The kinship foster home record must include documentation on [High]:
- (1) Whether weapons, firearms, explosive materials, or projectiles are present in the home; and
- (2) Specific precautions the kinship caregivers will take to ensure kinship foster children do not have unsupervised access.
(c) The two-year evaluation of a kinship foster home's compliance with this chapter must include a discussion of whether the kinship foster home has weapons, firearms, explosive materials, or projectiles, and if so, how these items are stored. [High]
(d) In complying with this rule, a CPA may not require the kinship foster home to disclose the specific types of firearms that are stored or otherwise present in the kinship foster home. [High]
(e) In complying with this rule, a CPA may not require the kinship foster home to notify the CPA if there is any change in the types of firearms that are present in the home. [High]
§749.4567. Transporting a Kinship Foster Child in a Vehicle Where Firearms, Explosive Materials, or Projectiles are Present.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) A kinship caregiver may transport a kinship foster child in a vehicle where firearms (other than handguns), other weapons, explosive materials, or projectiles are present if [High]:
- (1) All firearms are not loaded;
- (2) The firearms, other weapons, explosive materials, or projectiles are inaccessible to the kinship foster child; and
- (3) Possession of the firearm is legal.
(b) A kinship caregiver may transport a kinship foster child in a vehicle where a handgun is present if [High]:
- (1) The handgun is in the possession and control of the kinship caregiver; and
- (2) The kinship caregiver is not prohibited by law from carrying a handgun.
§749.4569. Physical Environment of a Kinship Foster Home.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) A kinship foster home must ensure that indoor and outdoor space and equipment does not pose an undue safety risk to kinship foster children. [High]
(b) Kinship caregivers must provide adequate supervision to prevent access to space or equipment that poses a safety risk to a kinship foster child as needed based on the kinship foster child's developmental age, maturity, and service plan restrictions. [High]
§749.4571. Indoor Space: Sleeping Spaces and Sleeping Surfaces.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Unless approved to share by the child placement management staff (CPMS), each kinship foster child must have the child's own [High]:
- (1) Sleeping space; and
- (2) Sleep surface, which may include a bed, mattress, air mattress, futon, or couch.
(b) Before approving a kinship foster child to share a sleeping space or sleeping surface, the CPMS must determine and document in the kinship foster child's service plan there is no known risk of harm to the kinship foster child by sharing a sleeping space or sleeping surface with the other individual after assessing [High]:
- (1) The relationship between the kinship foster child and the individual;
- (2) The ages and developmental levels of the kinship foster child and the individual, noting that after the kinship foster child's 18th birthday, the kinship foster child may share a bedroom with another youth who is 16 years of age or older, provided the age difference does not exceed two years;
- (3) The behaviors of the kinship foster child and the individual;
- (4) Any history of possible sexual trauma or sexually inappropriate behaviors of the kinship foster child and the individual; and
- (5) Any other identifiable factors that may affect the appropriateness of the individual and the kinship foster child sharing a bedroom.
(c) CPMS may not approve an infant to share a sleeping surface. [High]
§749.4573. Indoor Space: Bathrooms.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
A kinship foster home must have at least [Medium-High]:
- (1) one bathroom that allows for privacy;
- (2) one toilet; and
- (3) one bathroom sink and one tub or shower that have hot and cold running water.
§749.4575. Nutrition and Food Safety.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Kinship caregivers must provide a kinship foster child with drinking water and food that is served in a safe and sanitary manner. [High]
(b) A kinship home must ensure that all food items are stored in a manner that protects them from contamination, spoiling, and insects and rodents. [High]
§749.4577. Transportation.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Kinship caregivers must utilize safe and reliable transportation for a kinship foster child. [High]
(b) Special provisions must be made for transporting non-ambulatory and non-mobile children. When necessary, this may include locks for wheelchairs and hydraulic lifts. [High]
(c) A kinship caregiver must secure each kinship foster child in an infant safety seat, rear-facing convertible child safety seat, forward-facing child safety seat, child booster seat, safety vest, harness, or a safety belt, as appropriate to the kinship foster child's age, height, and weight and according to the manufacturer's instructions. [High]
§749.4579. Water Safety: Pools, Hot Tubs, and Bodies of Water.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Any door that leads from the home to an area with a swimming pool, hot tub, or body of water must have [High]:
- (1) A door alarm; or
- (2) A lock that is only accessible and operational by an adult unless:
- (A) The state or local fire authority determines that the lock violates the fire code; and
- (B) The child-placing agency keeps the fire authority's determination in the kinship foster home record.
(b) The bottom of a swimming pool must be always visible. [High]
(c) Swimming pool chemicals and machinery rooms must be inaccessible to kinship foster children. [High]
§749.4581. Swimming Supervision.
Subchapter W, Kinship Foster Homes
Division 7, Health and Safety Requirements, Environment, Space, and Equipment
November 2025
(a) Kinship caregivers must inform each kinship foster child about house rules for the use of a swimming pool, hot tub, or other body of water and appropriate safety precautions. [High]
(b) Supervision and monitoring of safety features must be adequate to protect any kinship foster child from unsupervised access to the swimming pool, hot tub, or other body of water. [High]
(c) Kinship caregivers must ensure that a kinship foster child has access to a lifesaving device when using a swimming pool, hot tub, or body of water. [High]
(d) A personal flotation device (PFD) is a vest or suit designed to keep the wearer afloat in water and prevent drowning. A kinship foster child participating in a swimming activity who is unable to swim must wear a PFD that is U.S. Coast Guard-approved for use by a child that is the correct size for the child. [High]
(e) Kinship caregivers must be able to clearly see all parts of the swimming pool or hot tub when supervising activity in the area. [High]
Appendix A: Definitions
Texas Administrative Code, Title 26 Health and Human Services
Part 1, Health and Human Services Commission
Chapter 745, Licensing
Subchapter A. Precedence and Definitions
Division 2. Definitions for Licensing
§745.21. What do the following words and terms mean when used in this chapter?
The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise:
(1) Abuse - As defined in the Texas Family Code, §261.001(1) (relating to Definitions) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5 (relating to Abuse, Neglect, and Exploitation).
(2) Affinity - Related by marriage as set forth in Texas Government Code, §573.024 (relating to Determination of Affinity).
(3) Business entity - May be an association, corporation, nonprofit association, nonprofit corporation, nonprofit association with religious affiliation, nonprofit corporation with religious affiliation, or limited liability company.
(4) Capacity - The maximum number of children that a permit holder may care for at one time.
(5) Caregiver - A person who is counted in the child to caregiver ratio, whose duties include the supervision, guidance, and protection of a child.
(6) Child - A person under 18 years old.
(7) Child-care facility - An establishment subject to regulation by Licensing that provides assessment, care, training, education, custody, treatment, or supervision for a child who is not related by blood, marriage, or adoption to the owner or operator of the facility, for all or part of the 24-hour day, whether or not the establishment operates for profit or charges for its services. A child-care facility includes the people, administration, governing body, activities on or off the premises, operations, buildings, grounds, equipment, furnishings, and materials. A child-care facility does not include child-placing agencies, listed family homes, employer-based child care operations, or shelter care operations.
(8) Child day care - As defined in §745.33 of this chapter (relating to What is child day care?).
(9) Child-placing agency (CPA) - A person, including a sole proprietor, partnership, or business or governmental entity, other than the parents of a child, who plans for the placement of or places a child in a child care operation or adoptive home.
(10) Children related to the caregiver - Children who are the children, grandchildren, siblings, great-grandchildren, first cousins, nieces, or nephews of the caregiver, whether by affinity or consanguinity or as the result of a relationship created by court decree.
(11) Consanguinity - Two individuals are related to each other by consanguinity if one is a descendant of the other; or they share a common ancestor. An adopted child is related by consanguinity for this purpose. Consanguinity is defined in Texas Government Code, §573.022 (relating to Determination of Consanguinity).
(12) Contiguous operations - Two or more operations that touch at a point on a common border or located in the same building.
(13) Controlling person - As defined in §745.901 of this chapter (relating to Who is a controlling person at a child-care operation?).
(14) Deficiency - Any failure to comply with a minimum standard, rule, statute, specific term of your permit, or condition of your probation.
(15) Designated perpetrator - As defined in §745.731 of this chapter (relating to What are designated perpetrators and sustained perpetrators of child abuse or neglect?).
(16) Designee - The person named on the application as the designated representative of the operation who is officially authorized by the owner to speak for and act on the operations' behalf.
(17) Employee - Any person employed by or that contracts with the permit holder, including caregivers, drivers, kitchen personnel, maintenance and administrative personnel, and the center or program director.
(18) Endanger - To expose a child to a situation where physical or mental injury to a child is likely to occur.
(19) Exploitation - As defined in Texas Family Code, §261.001(3) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5.
(20) Finding - The conclusion of a Licensing investigation or inspection indicating compliance or deficiency with one or more minimum standards, rules, or statutes.
(21) Full license - The type of full permit that is issued to an operation that requires a license. See also §745.341 of this chapter (relating to What type of permit does Licensing issue?) and §745.343 of this chapter (relating to What is the difference between an initial license and a full license?).
(22) Full permit - A full permit includes a listing, registration, compliance certificate, or a full license. See also §745.341 and §745.343 of this chapter.
(23) Governing body - A group of persons or officers of a business or governmental entity that has ultimate control over the entity.
(24) Governmental entity - A political subdivision or state agency of Texas.
(25) Household member - An individual, other than the caregivers, who resides in an operation.
(26) Initial license - A time-limited license that we issue to certain applicants for a full license in situations described in §745.345 of this chapter (relating to When does Licensing issue an initial license?).
(27) Licensed administrator - As defined in §745.8905 of this chapter (relating to What is a licensed administrator?).
(28) Minimum standards - Minimum requirements for permit holders that are enforced by Licensing to protect the health, safety, and well-being of children. The minimum standards consist of the rules contained in:
- (A) Chapter 742 of this title (relating to Minimum Standards for Listed Family Homes;
- (B) Chapter 743 of this title (relating to Minimum Standards for Shelter Care);
- (C) Chapter 744 of this title (relating to Minimum Standards for School-Age and Before or After-School Programs);
- (D) Chapter 746 of this title (relating to Minimum Standards for Child-Care Centers);
- (E) Chapter 747 of this title (relating to Minimum Standards for Child-Care Homes);
- (F) Chapter 748 of this title (relating to Minimum Standards for General Residential Operations);
- (G) Chapter 749 of this title (relating to Minimum Standards for Child-Placing Agencies);
- (H) Chapter 750 of this title (relating to Minimum Standards for Independent Foster Homes); and
- (I) Subchapter D, Division 11 of this chapter (relating to Employer-Based Child Care).
(29) Neglect - As defined in the Texas Family Code, §261.001(4) and Texas Administrative Code, Title 40, Chapter 707, Subchapter C, Division 5.
(30) Operation (also known as a child care operation) - A sole proprietor, partnership, or business or governmental entity offering a program that is subject to Licensing's regulation, including day-care operations and residential child care operations. An operation includes the building and grounds where the program is offered, any person involved in providing the program, and any equipment used in providing the program. An operation includes a child-care facility, child-placing agency, listed family home, employer-based child care operation, shelter care operation, or any operation that requires a permit under Chapter 42, Texas Human Resources Code.
(31) Owner - The sole proprietor, partnership, or business or governmental entity that owns an operation that is subject to regulation by Licensing.
(32) Parent - A person who has legal responsibility for or legal custody of a child, including the managing conservator or legal guardian.
(33) Permit - A license, certification, registration, listing, compliance certificate, or any other written authorization granted by Licensing to operate a child care operation. This also includes an administrator's license.
(34) Permit holder - The owner of the operation that is granted the permit.
(35) Pre-kindergarten age child - A child who is three or four years of age before the beginning of the current school year.
(36) Program - Activities and services provided by an operation.
(37) Regulation - Includes the following:
- (A) The development of rules, including minimum standards, as provided by statutory authority; and
- (B) The enforcement of requirements that are minimum standards, rules, statutes, or any condition or restriction we have placed on a permit. Anyone providing or seeking to provide care or a service that is subject to regulation must comply with the applicable requirements. This includes a permit holder, an applicant for a permit, and anyone providing care or a service without the appropriate permit.
(38) Report - A communication to Licensing or the Department of Family and Protective Services (DFPS), including the Statewide Intake division of DFPS, of:
- (A) An allegation of a deficiency in a minimum standard, rule, or statute; or
- (B) Any other possible risk to a child in the care of an operation that is subject to regulation by Licensing.
(39) Residential child care - As defined in §745.35 of this chapter (relating to What is residential child care?).
(40) School-age child - A child who is five years of age or older and is enrolled in or has completed kindergarten.
(41) State Office of Administrative Hearings (SOAH) - See §745.8831 of this chapter (relating to What is a due process hearing?).
(42) Sustained perpetrator - See §745.731 of this chapter (relating to Who are designated perpetrators and sustained perpetrators of child abuse or neglect?).
Revised: November 2025